Bill Text: IA HF634 | 2019-2020 | 88th General Assembly | Enrolled
Bill Title: A bill for an act relating to certain boards and councils in the department of human rights including the establishment of the justice advisory board and the elimination of the criminal and juvenile justice planning advisory council, the public safety advisory board, and the sex offender research council. (Formerly HSB 139.) Effective 7-1-19.
Spectrum: Committee Bill
Status: (Passed) 2019-05-17 - Signed by Governor. H.J. 1082. [HF634 Detail]
Download: Iowa-2019-HF634-Enrolled.html
House
File
634
-
Enrolled
House
File
634
AN
ACT
RELATING
TO
CERTAIN
BOARDS
AND
COUNCILS
IN
THE
DEPARTMENT
OF
HUMAN
RIGHTS
INCLUDING
THE
ESTABLISHMENT
OF
THE
JUSTICE
ADVISORY
BOARD
AND
THE
ELIMINATION
OF
THE
CRIMINAL
AND
JUVENILE
JUSTICE
PLANNING
ADVISORY
COUNCIL,
THE
PUBLIC
SAFETY
ADVISORY
BOARD,
AND
THE
SEX
OFFENDER
RESEARCH
COUNCIL.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
216A.3,
subsection
2,
paragraph
a,
Code
2019,
is
amended
to
read
as
follows:
a.
The
voting
members
shall
consist
of
nine
voting
members
selected
by
each
of
the
permanent
commissions
within
the
department,
and
two
voting
members,
appointed
by
the
governor.
For
purposes
of
this
paragraph
“a”
,
“permanent
commissions”
means
the
commission
of
Latino
affairs,
commission
on
the
status
of
women,
commission
of
persons
with
disabilities,
commission
on
community
action
agencies,
commission
of
deaf
services,
criminal
and
juvenile
justice
planning
advisory
council
justice
advisory
board
,
commission
on
the
status
of
African
Americans,
commission
of
Asian
and
Pacific
Islander
affairs,
and
commission
of
Native
American
affairs.
The
term
of
office
for
voting
members
is
four
years.
House
File
634,
p.
2
Sec.
2.
Section
216A.131,
Code
2019,
is
amended
to
read
as
follows:
216A.131
Definitions.
For
the
purpose
of
this
subchapter
,
unless
the
context
otherwise
requires:
1.
“Administrator”
means
the
administrator
of
the
division
of
criminal
and
juvenile
justice
planning.
2.
“Board”
means
the
public
safety
advisory
board
justice
advisory
board
.
3.
“Council”
means
the
criminal
and
juvenile
justice
planning
advisory
council.
“Department”
means
the
department
of
human
rights.
4.
“Division”
means
the
division
of
criminal
and
juvenile
justice
planning.
Sec.
3.
Section
216A.131A,
Code
2019,
is
amended
to
read
as
follows:
216A.131A
Division
of
criminal
and
juvenile
justice
planning.
The
division
of
criminal
and
juvenile
justice
planning
is
established
to
fulfill
the
responsibilities
of
this
subchapter
,
including
the
duties
specified
in
sections
216A.135
,
216A.136
,
216A.137
,
216A.138
,
and
216A.139
216A.140
.
Sec.
4.
Section
216A.132,
Code
2019,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
216A.132
Board
established
——
terms
——
compensation.
1.
A
justice
advisory
board
is
established
consisting
of
twenty-eight
members
who
shall
all
reside
in
the
state.
a.
The
governor
shall
appoint
nine
voting
members
each
for
a
four-year
term
beginning
and
ending
as
provided
in
section
69.19
and
subject
to
confirmation
by
the
senate
as
follows:
(1)
Three
persons,
each
of
whom
is
a
county
supervisor,
county
sheriff,
mayor,
nonsupervisory
police
officer,
or
a
chief
of
police
of
a
department
with
fewer
than
eleven
police
officers.
(2)
Two
persons
who
are
knowledgeable
about
Iowa’s
juvenile
justice
system.
(3)
One
person
representing
the
general
public,
who
is
not
employed
in
any
law
enforcement,
judicial,
or
corrections
capacity.
(4)
One
person
who
is
either
a
crime
victim,
or
who
House
File
634,
p.
3
represents
a
crime
victim
organization.
(5)
One
person
who
represents
a
recognized
civil
rights
organization
that
advocates
for
minorities.
(6)
One
person
who
was
formerly
under
juvenile
court
or
correctional
supervision,
or
a
representative
of
an
organization
that
advocates
for
individuals
who
have
been
under
juvenile
court
or
correctional
supervision.
b.
Additional
voting
members
of
the
board,
each
serving
a
four-year
term,
shall
include
one
representative
from
each
of
the
following:
(1)
The
Iowa
coalition
against
sexual
assault.
(2)
The
American
civil
liberties
union
of
Iowa.
(3)
The
Iowa
county
attorneys
association.
(4)
The
department
of
human
services.
(5)
The
department
of
corrections.
(6)
A
judicial
district
department
of
correctional
services.
(7)
The
department
of
public
safety.
(8)
The
office
on
the
status
of
African
Americans.
(9)
The
department
of
public
health.
(10)
The
board
of
parole.
(11)
The
department
of
justice.
(12)
The
state
public
defender.
(13)
The
governor’s
office
of
drug
control
policy.
c.
The
chief
justice
of
the
supreme
court
shall
designate
one
member
who
is
a
district
judge
and
one
member
who
is
either
a
district
associate
judge
or
associate
juvenile
judge.
The
members
appointed
pursuant
to
this
paragraph
shall
serve
as
ex
officio,
nonvoting
members
for
four-year
terms
beginning
and
ending
as
provided
in
section
69.19,
unless
the
member
ceases
to
serve
as
a
judge.
d.
The
chairperson
and
ranking
member
of
the
senate
committee
on
judiciary
shall
be
ex
officio,
nonvoting
members.
In
alternating
two-year
terms,
beginning
and
ending
as
provided
in
section
69.16B,
the
chairperson
and
ranking
member
of
the
house
committee
on
judiciary
or
of
the
house
committee
on
public
safety
shall
be
ex
officio,
nonvoting
members,
with
the
chairperson
and
ranking
member
of
the
house
committee
on
public
safety
serving
during
the
term
beginning
in
January
2020.
House
File
634,
p.
4
2.
Vacancies
shall
be
filled
by
the
original
appointing
authority
in
the
manner
of
the
original
appointments.
3.
Members
of
the
board
shall
receive
reimbursement
from
the
state
for
actual
and
necessary
expenses
incurred
in
the
performance
of
their
official
duties
and
may
also
be
eligible
to
receive
compensation
as
provided
in
section
7E.6.
All
expense
moneys
paid
to
nonlegislative
members
shall
be
paid
from
funds
appropriated
to
the
division.
Legislative
members
shall
receive
compensation
as
provided
in
sections
2.10
and
2.12.
4.
Members
of
the
board
shall
appoint
a
chairperson
and
vice
chairperson
and
other
officers
as
the
board
deems
necessary.
A
majority
of
the
voting
members
currently
appointed
to
the
board
shall
constitute
a
quorum.
A
quorum
shall
be
required
for
the
conduct
of
business
of
the
board
and
the
affirmative
vote
of
a
majority
of
the
currently
appointed
members
is
necessary
for
any
substantive
action
taken
by
the
board.
A
member
shall
not
vote
on
any
action
if
the
member
has
a
conflict
of
interest
on
the
matter,
and
a
statement
by
the
member
of
a
conflict
of
interest
shall
be
conclusive
for
this
purpose.
5.
Membership
on
the
board
shall
be
bipartisan
as
provided
in
section
69.16
and
gender
balanced
as
provided
in
section
69.16A.
6.
Meetings
of
the
board
shall
be
open
to
the
public
as
provided
in
chapter
21.
7.
The
board
may
call
upon
any
department,
agency,
or
office
of
the
state,
or
any
political
subdivision
of
the
state,
for
information
or
assistance
as
needed
in
the
performance
of
its
duties.
The
information
or
assistance
shall
be
furnished
to
the
extent
that
it
is
within
the
resources
and
authority
of
the
department,
agency,
office,
or
political
subdivision.
This
section
does
not
require
the
production
or
opening
of
any
records
which
are
required
by
law
to
be
kept
private
or
confidential.
Sec.
5.
Section
216A.133,
Code
2019,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
216A.133
Purpose
and
duties.
1.
The
purpose
of
the
board
shall
be
all
of
the
following:
a.
Develop
short-term
and
long-term
goals
to
improve
the
House
File
634,
p.
5
criminal
and
juvenile
justice
systems.
b.
Identify
and
analyze
justice
system
issues.
c.
Develop
and
assist
others
in
implementing
recommendations
and
plans
for
justice
system
improvement.
d.
Provide
the
general
assembly
with
an
analysis
of
current
and
proposed
criminal
code
provisions.
e.
Provide
for
a
clearinghouse
of
justice
system
information
to
coordinate
with
data
resource
agencies
and
assist
others
in
the
use
of
justice
system
data.
2.
The
board
shall
advise
the
division
on
its
administration
of
state
and
federal
grants
and
appropriations
and
shall
carry
out
other
functions
consistent
with
this
subchapter.
3.
The
duties
of
the
board
shall
consist
of
the
following:
a.
Identifying
issues
and
analyzing
the
operation
and
impact
of
present
criminal
and
juvenile
justice
policy
and
making
recommendations
for
policy
changes.
b.
Coordinating
with
data
resource
agencies
to
provide
data
and
analytical
information
to
federal,
state,
and
local
governments,
and
assisting
agencies
in
the
use
of
criminal
and
juvenile
justice
data.
c.
Reporting
criminal
justice
system
needs
to
the
governor,
the
general
assembly,
and
other
decision
makers
to
improve
the
criminal
justice
system.
d.
Reporting
juvenile
justice
system
needs
to
the
governor,
the
general
assembly,
and
other
decision
makers
to
address
issues
specifically
affecting
the
juvenile
justice
system,
including
evidence-based
programs
for
group
foster
care
placements
and
the
state
training
school,
diversion,
and
community-based
services
for
juvenile
offenders.
e.
Providing
technical
assistance
upon
request
to
state
and
local
agencies.
f.
Administering
federal
funds
and
funds
appropriated
by
the
state
or
that
are
otherwise
available
in
compliance
with
applicable
laws,
regulations,
and
other
requirements
for
purposes
of
study,
research,
investigation,
planning,
and
implementation
in
the
areas
of
criminal
and
juvenile
justice.
g.
Making
grants
to
cities,
counties,
and
other
entities
pursuant
to
applicable
law.
h.
Maintaining
an
Iowa
correctional
policy
project
as
House
File
634,
p.
6
provided
in
section
216A.137.
i.
Providing
input
to
the
department
director
in
the
development
of
budget
recommendations
for
the
division.
j.
Coordinating
with
the
administrator
to
develop
and
make
recommendations
to
the
department
director
pursuant
to
section
216A.2.
k.
Serving
as
a
liaison
between
the
division
and
the
public,
sharing
information
and
gathering
constituency
input.
l.
Recommending
to
the
board
the
adoption
of
rules
pursuant
to
chapter
17A
as
it
deems
necessary
for
the
board
and
division.
m.
Recommending
legislative
and
executive
action
to
the
governor
and
general
assembly.
n.
Establishing
advisory
committees,
work
groups,
or
other
coalitions
as
appropriate.
o.
Providing
the
general
assembly
with
an
analysis
and
recommendations
of
current
criminal
code
provisions
and
proposed
legislation
which
include
but
are
not
limited
to
all
of
the
following:
(1)
Potential
disparity
in
sentencing.
(2)
Truth
in
sentencing.
(3)
Victims.
(4)
The
proportionality
of
specific
sentences.
(5)
Sentencing
procedures.
(6)
Costs
associated
with
the
implementation
of
criminal
code
provisions,
including
costs
to
the
judicial
branch,
department
of
corrections,
and
judicial
district
departments
of
correctional
services,
costs
for
representing
indigent
defendants,
and
costs
incurred
by
political
subdivisions
of
the
state.
(7)
Best
practices
related
to
the
department
of
corrections
including
recidivism
rates,
safety
and
the
efficient
use
of
correctional
staff,
and
compliance
with
correctional
standards
set
by
the
federal
government
and
other
jurisdictions.
(8)
Best
practices
related
to
the
Iowa
child
death
review
team
established
in
section
135.43
and
the
Iowa
domestic
abuse
death
review
team
established
in
section
135.109.
p.
Studying
and
making
recommendations
for
treating
and
supervising
adult
and
juvenile
sex
offenders
in
institutions,
House
File
634,
p.
7
community-based
programs,
and
in
the
community,
in
areas
which
include
but
are
not
limited
to
all
of
the
following:
(1)
The
effectiveness
of
electronically
monitoring
sex
offenders.
(2)
The
cost
and
effectiveness
of
special
sentences
pursuant
to
chapter
903B.
(3)
Risk
assessment
models
created
for
sex
offenders.
(4)
Determining
the
best
treatment
programs
available
for
sex
offenders
and
the
efforts
of
Iowa
and
other
states
to
implement
treatment
programs.
(5)
The
efforts
of
Iowa
and
other
states
to
prevent
sex
abuse-related
crimes
including
child
sex
abuse.
(6)
Any
other
related
issues
the
board
deems
necessary,
including
but
not
limited
to
computer
and
internet
sex-related
crimes,
sex
offender
case
management,
best
practices
for
sex
offender
supervision,
the
sex
offender
registry,
and
the
effectiveness
of
safety
zones.
q.
Providing
expertise
and
advice
to
the
legislative
services
agency,
the
department
of
corrections,
the
judicial
branch,
and
others
charged
with
formulating
fiscal,
correctional,
or
minority
impact
statements.
r.
Reviewing
data
supplied
by
the
division,
the
department
of
management,
the
legislative
services
agency,
the
Iowa
supreme
court,
and
other
departments
or
agencies
for
the
purpose
of
determining
the
effectiveness
and
efficiency
of
the
collection
of
such
data.
4.
The
board
shall
submit
reports,
in
accordance
with
section
216A.135,
to
the
governor
and
general
assembly
regarding
actions
taken,
issues
studied,
and
board
recommendations.
Sec.
6.
Section
216A.135,
Code
2019,
is
amended
by
striking
the
section
and
inserting
in
lieu
thereof
the
following:
216A.135
Plan
and
report.
1.
The
board
shall
submit
a
three-year
criminal
and
juvenile
justice
plan
for
the
state,
beginning
December
1,
2020,
and
every
three
years
thereafter,
by
December
1.
The
three-year
plan
shall
be
updated
annually.
Each
three-year
plan
and
annual
updates
of
the
three-year
plan
shall
be
submitted
to
the
governor
and
the
general
assembly
by
December
1.
House
File
634,
p.
8
2.
The
three-year
plan
and
annual
updates
shall
include
but
are
not
limited
to
the
following:
a.
Short-term
and
long-term
goals
for
the
criminal
and
juvenile
justice
systems.
b.
The
identification
of
issues
and
studies
on
the
effective
treatment
and
supervision
of
adult
and
juvenile
sex
offenders
in
institutions,
community-based
programs,
and
the
community.
c.
Analysis
and
recommendations
of
current
criminal
code
provisions.
d.
The
effectiveness
and
efficiencies
of
current
criminal
and
juvenile
justice
policies,
practices,
and
services.
e.
Collection
of
criminal
and
juvenile
justice
data.
f.
Recommendations
to
improve
the
criminal
and
juvenile
justice
systems.
Sec.
7.
Section
216A.137,
Code
2019,
is
amended
to
read
as
follows:
216A.137
Correctional
policy
project.
The
division
shall
maintain
an
Iowa
correctional
policy
project
for
the
purpose
of
conducting
analyses
of
major
correctional
issues
affecting
the
criminal
and
juvenile
justice
system.
The
council
board
shall
identify
and
prioritize
the
issues
and
studies
to
be
addressed
by
the
division
through
this
project
and
shall
report
project
plans
and
findings
annually
along
with
the
report
required
in
section
216A.135
.
Issues
and
studies
to
be
considered
by
the
council
board
shall
include,
but
are
not
limited
to
a
review
of
the
information
systems
available
to
assess
corrections
trends
and
program
effectiveness,
the
development
of
an
evaluation
plan
for
assessing
the
impact
of
corrections
expenditures,
and
a
study
of
the
desirability
and
feasibility
of
changing
the
state’s
sentencing
practices,
a
public
opinion
survey
to
assess
the
public’s
view
of
possible
changes
in
current
corrections
practices,
and
the
development
of
parole
guidelines
which
includes
a
prison
population
forecast
.
The
division
may
form
subcommittees
for
the
purpose
of
addressing
major
correctional
issues
affecting
the
criminal
and
juvenile
justice
system.
The
division
shall
establish
a
subcommittee
to
address
issues
specifically
affecting
the
juvenile
justice
system.
House
File
634,
p.
9
Sec.
8.
REPEAL.
Sections
216A.133A
and
216A.139,
Code
2019,
are
repealed.
______________________________
LINDA
UPMEYER
Speaker
of
the
House
______________________________
CHARLES
SCHNEIDER
President
of
the
Senate
I
hereby
certify
that
this
bill
originated
in
the
House
and
is
known
as
House
File
634,
Eighty-eighth
General
Assembly.
______________________________
CARMINE
BOAL
Chief
Clerk
of
the
House
Approved
_______________,
2019
______________________________
KIM
REYNOLDS
Governor