Senate File 343 - Enrolled
Senate File 343
AN ACT
RELATING TO AUTHORIZED ACCESS TO CERTAIN CONFIDENTIAL RECORDS
BY EMPLOYEES OF THE DEPARTMENT OF CORRECTIONS, A JUDICIAL
DISTRICT DEPARTMENT OF CORRECTIONAL SERVICES, AND THE BOARD
OF PAROLE.
5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 125.93, Code 2021, is amended to read as
2 follows:
3 125.93 Commitment records —— confidentiality.
4 Records of the identity, diagnosis, prognosis, or
5 treatment of a person which are maintained in connection
6 with the provision of substance abuse treatment services are
7 confidential, consistent with the requirements of section
8 125.37, and with the federal confidentiality regulations
9 authorized by the federal Drug Abuse Office and Treatment Act,
10 42 U.S.C. §290ee and the federal Comprehensive Alcohol Abuse
11 and Alcoholism Prevention, Treatment and Rehabilitation Act, 42
12 U.S.C. §290dd-2. However, such records may be disclosed to an
13 employee of the department of corrections, if authorized by the
14 director of the department of corrections, or to an employee
15 of a judicial district department of correctional services, if
16
1 authorized by the director of the judicial district department
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of correctional services.
2 Sec. 2. Section 228.5, subsection 4, Code 2021, is amended
3 to read as follows:
4 4. Mental health information relating to an individual may
5 be disclosed to other providers of professional services or
6 their employees or agents if and to the extent necessary to
7 facilitate the provision of administrative and professional
8 services to the individual including to an employee of the
9 department of corrections, if authorized by the director of
10 the department of corrections, or to an employee of a judicial
11 district department of correctional services, if authorized
12 by the director of the judicial district department of
13 correctional services.
14 Sec. 3. Section 804.29, subsection 2, paragraph d, Code
15 2021, is amended to read as follows:
16 d. An employee of the department of corrections, if
17 authorized by the director of the department of corrections, or
18 an employee of a judicial district department of correctional
19 services, if authorized by the director of the department
20 of corrections judicial district department of correctional
21 services.
22 Sec. 4. Section 808.13, Code 2021, is amended to read as
23 follows:
24 808.13 Confidentiality.
25 All information filed with the court for the purpose of
26 securing a warrant for a search, including but not limited to
27 an application and affidavits, shall be a confidential record
28 until such time as a peace officer has executed the warrant
29 and has made return thereon. During the period of time that
30 information is confidential it shall be sealed by the court,
31 and the information contained therein shall not be disseminated
32 to any person other than a peace officer, magistrate, or
33 another court employee, an employee of the department of
34 corrections, if authorized by the director of the department of
35 corrections, or an employee of a judicial district department
1 of correctional services, if authorized by the director of the
2 judicial district department of correctional services, in the
3 course of official duties.
4 Sec. 5. Section 901.4, Code 2021, is amended to read as
 Senate File 343, p. 3
5 follows:
6 901.4 Presentence investigation report confidential ——
7 access.
8 The presentence investigation report is confidential and the
9 court shall provide safeguards to ensure its confidentiality,
10 including but not limited to sealing the report, which may
11 be opened only by further court order. The defendant’s
12 attorney and the attorney for the state shall have access to
13 the presentence investigation report at least three days prior
14 to the date set for sentencing. The defendant’s appellate
15 attorney and the appellate attorney for the state shall have
16 access to the presentence investigation report upon request
17 and without the necessity of a court order. The report shall
18 remain confidential except upon court order. However, the
19 court may conceal the identity of the person who provided
20 confidential information. The report of a medical examination
21 or psychological or psychiatric evaluation shall be made
22 available to the attorney for the state and to the defendant
23 upon request. The reports are part of the record but shall
24 be sealed and opened only on order of the court. If the
25 defendant is committed to the custody of the Iowa department
26 of corrections and is not a class “A” felon, an employee of
27 the department and, if authorized by the director of the
28 department, an employee of a judicial district department
29 of correctional services, if authorized by the director of
30 the judicial district department of correctional services,
31 and an employee of the board of parole, if authorized by the
32 chairperson or a member of the board of parole, shall have
33 access to the presentence investigation report. Pursuant
34 to section 904.602, the presentence investigation report
35 may also be released by ordinary or electronic mail by the
36 department of corrections or a judicial district department
37 of correctional services to another jurisdiction for the
38 purpose of providing interstate probation and parole compact
39 or interstate compact for adult offender supervision services
40 or evaluations, or to a substance abuse or mental health
41 services provider when referring a defendant for services.
42 The defendant or the defendant’s attorney may file with the
43 presentence investigation report, a denial or refutation of the
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44 allegations, or both, contained in the report. The denial or
45 refutation shall be included in the report.
______________________________ ______________________________
JAKE CHAPMAN PAT GRASSLEY
President of the Senate Speaker of the House
I hereby certify that this bill originated in the Senate
andis known as Senate File 343, Eighty-ninth General Assembly.
______________________________
W. CHARLES SMITHSON
Secretary of the Senate
Approved _______________, 2021 ______________________________
KIM REYNOLDS
Governor


Statutes affected:
Introduced: 125.93, 228.5, 804.29, 808.13, 901.4
Enrolled: 125.93, 228.5, 804.29, 808.13, 901.4