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House Bill 1437


House Bill 1437

ARCHIVE (2004)

Latest Information

 

DIGEST OF HB 1437 (Updated March 4, 2004 4:31 pm - DI 106)


Corrections. Creates a forensic diversion program to provide community treatment and mental health and addiction services for offenders suffering from mental illness or addictive disorders who have not been charged or convicted of a violent crime. Requires a county having a community corrections advisory board to formulate a forensic diversion plan, and permits a county without a community corrections advisory board to establish a forensic diversion advisory board to operate a forensic diversion program. Offenders eligible for the program who have been charged with a non-violent misdemeanor or D felony that can be reduced to a misdemeanor are required to plead guilty before participating in the program. Persons already convicted of a crime that is not a violent crime or a drug dealing offense may participate in the program as a condition of probation. Specifies that offenders convicted of certain crimes may not participate in the forensic diversion plan. Establishes a forensic diversion study committee. Requires the department of correction to determine the average daily cost of incarceration and the anticipated future costs of incarceration. Requires each county sheriff to provide the department of correction with the average daily cost of incarceration in a county jail. Repeals the existing forensic diversion program. Establishes a judicial administration fee and requires court clerks to semiannually distribute to the auditor of state for deposit in the state general fund 100% of the judicial administration fee collected. Increases the amount transferred semi-annually for deposit into the public defense fund from $1,200,000 to $1,700,000 in FY05 and $2,200,000 in following state fiscal years. Provides a range of dates under which a person is eligible for release to a community transition program, permits persons convicted of murder to participate in the program, and makes other changes. Requires training in interacting with persons with mental illness, addictive disorders, mental retardation, and developmental disabilities for law enforcement personnel, jail officers, probation officers, and correctional officers. Changes the designation of time of community restitution or service for a person convicted of operating a vehicle while intoxicated (OWI) from days to hours. Provides that a school is entitled to receive juvenile court records for a student of the school under certain circumstances. Provides immunity for improper disclosures of education records made in good faith. Allows a court to order restitution payments that are a condition of probation to be paid to a probation department that must forward the restitution payments to a victim, victim's family, or victim's estate. Provides that for purposes of the battery by bodily waste statute, an individual employed by certain courts is a "corrections officer."
Current Status:
 Law Enacted
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