Bill Text: IA SSB1255 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to appropriations to the justice system, and including effective date and retroactive applicability provisions.

Spectrum: Committee Bill

Status: (N/A - Dead) 2019-04-04 - NOBA: Senate Sub [SSB1255 Detail]

Download: Iowa-2019-SSB1255-Introduced.html
Senate Study Bill 1255 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY CHAIRPERSON BREITBACH) A BILL FOR An Act relating to appropriations to the justice system, and 1 including effective date and retroactive applicability 2 provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1005XC (10) 88 asf/tm
S.F. _____ DIVISION I 1 FY 2019-2020 2 APPROPRIATIONS 3 Section 1. DEPARTMENT OF JUSTICE. 4 1. There is appropriated from the general fund of the state 5 to the department of justice for the fiscal year beginning July 6 1, 2019, and ending June 30, 2020, the following amounts, or 7 so much thereof as is necessary, to be used for the purposes 8 designated: 9 a. For the general office of attorney general for salaries, 10 support, maintenance, and miscellaneous purposes, including 11 the prosecuting attorneys training program, matching funds 12 for federal violence against women grant programs, victim 13 assistance grants, office of drug control policy prosecuting 14 attorney program, and odometer fraud enforcement, and for not 15 more than the following full-time equivalent positions: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,911,705 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 215.00 18 As a condition of receiving the appropriation provided 19 in this lettered paragraph, the department of justice shall 20 maintain a record of the estimated time incurred representing 21 each agency or department. 22 The general office of attorney general may temporarily 23 exceed and draw more than the amount appropriated in this 24 lettered paragraph and incur a negative cash balance as long 25 as there are receivables equal to or greater than the negative 26 balances and the amount appropriated in this paragraph is not 27 exceeded at the close of the fiscal year. 28 b. For victim assistance grants: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,016,708 30 The moneys appropriated in this lettered paragraph shall be 31 used to provide grants to care providers providing services to 32 crime victims of domestic abuse or to crime victims of rape and 33 sexual assault. 34 The balance of the victim compensation fund established 35 -1- LSB 1005XC (10) 88 asf/tm 1/ 24
S.F. _____ in section 915.94 may be used to provide salary and support 1 of not more than 24.00 full-time equivalent positions and to 2 provide maintenance for the victim compensation functions 3 of the department of justice. In addition to the full-time 4 equivalent positions authorized pursuant to this paragraph, 5 5.00 full-time equivalent positions are authorized and shall 6 be used by the department of justice to employ one accountant 7 and four program planners. The department of justice may 8 employ the additional 5.00 full-time equivalent positions 9 authorized pursuant to this paragraph that are in excess of the 10 number of full-time equivalent positions authorized only if 11 the department of justice receives sufficient federal moneys 12 to maintain employment for the additional full-time equivalent 13 positions during the current fiscal year. The department 14 of justice shall only employ the additional 5.00 full-time 15 equivalent positions in succeeding fiscal years if sufficient 16 federal moneys are received during each of those succeeding 17 fiscal years. 18 The department of justice shall transfer at least $150,000 19 from the victim compensation fund established in section 915.94 20 to the victim assistance grant program. 21 Notwithstanding section 8.33, moneys appropriated in this 22 paragraph “b” that remain unencumbered or unobligated at the 23 close of the fiscal year shall not revert but shall remain 24 available for expenditure for the purposes designated until the 25 close of the succeeding fiscal year. 26 c. For legal services for persons in poverty grants as 27 provided in section 13.34: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,464,601 29 2. a. The department of justice, in submitting budget 30 estimates for the fiscal year commencing July 1, 2020, pursuant 31 to section 8.23, shall include a report of funding from sources 32 other than amounts appropriated directly from the general fund 33 of the state to the department of justice or to the office of 34 consumer advocate. These funding sources shall include but 35 -2- LSB 1005XC (10) 88 asf/tm 2/ 24
S.F. _____ are not limited to reimbursements from other state agencies, 1 commissions, boards, or similar entities, and reimbursements 2 from special funds or internal accounts within the department 3 of justice. The department of justice shall also report actual 4 reimbursements for the fiscal year commencing July 1, 2018, 5 and actual and expected reimbursements for the fiscal year 6 commencing July 1, 2019. 7 b. The department of justice shall include the report 8 required under paragraph “a”, as well as information regarding 9 any revisions occurring as a result of reimbursements actually 10 received or expected at a later date, in a report to the 11 co-chairpersons and ranking members of the joint appropriations 12 subcommittee on the justice system and the legislative services 13 agency. The department of justice shall submit the report on 14 or before January 15, 2020. 15 3. a. The department of justice shall fully reimburse 16 the costs and necessary related expenses incurred by the Iowa 17 law enforcement academy to continue to employ one additional 18 instructor position who shall provide training for human 19 trafficking-related issues throughout the state. 20 b. The department of justice shall obtain the moneys 21 necessary to reimburse the Iowa law enforcement academy to 22 employ such an instructor from unrestricted moneys from either 23 the victim compensation fund established in section 915.94, the 24 human trafficking victim fund established in section 915.95, or 25 the human trafficking enforcement fund established in 2015 Iowa 26 Acts, chapter 138, section 141. 27 Sec. 2. OFFICE OF CONSUMER ADVOCATE. There is appropriated 28 from the department of commerce revolving fund created in 29 section 546.12 to the office of consumer advocate of the 30 department of justice for the fiscal year beginning July 1, 31 2019, and ending June 30, 2020, the following amount, or so 32 much thereof as is necessary, to be used for the purposes 33 designated: 34 For salaries, support, maintenance, and miscellaneous 35 -3- LSB 1005XC (10) 88 asf/tm 3/ 24
S.F. _____ purposes, and for not more than the following full-time 1 equivalent positions: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,137,588 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 22.00 4 Sec. 3. DEPARTMENT OF CORRECTIONS —— FACILITIES. 5 1. There is appropriated from the general fund of the state 6 to the department of corrections for the fiscal year beginning 7 July 1, 2019, and ending June 30, 2020, the following amounts, 8 or so much thereof as is necessary, to be used for the purposes 9 designated: 10 a. For the operation of the Fort Madison correctional 11 facility, including salaries, support, maintenance, and 12 miscellaneous purposes: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 41,613,841 14 b. For the operation of the Anamosa correctional facility, 15 including salaries, support, maintenance, and miscellaneous 16 purposes: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,414,148 18 c. For the operation of the Oakdale correctional facility, 19 including salaries, support, maintenance, and miscellaneous 20 purposes: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 61,874,191 22 d. For the operation of the Newton correctional facility, 23 including salaries, support, maintenance, and miscellaneous 24 purposes: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 28,327,158 26 e. For the operation of the Mount Pleasant correctional 27 facility, including salaries, support, maintenance, and 28 miscellaneous purposes: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,676,413 30 f. For the operation of the Rockwell City correctional 31 facility, including salaries, support, maintenance, and 32 miscellaneous purposes: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,521,861 34 g. For the operation of the Clarinda correctional facility, 35 -4- LSB 1005XC (10) 88 asf/tm 4/ 24
S.F. _____ including salaries, support, maintenance, and miscellaneous 1 purposes: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,847,950 3 Moneys received by the department of corrections as 4 reimbursement for services provided to the Clarinda youth 5 corporation are appropriated to the department and shall be 6 used for the purpose of operating the Clarinda correctional 7 facility. 8 h. For the operation of the Mitchellville correctional 9 facility, including salaries, support, maintenance, and 10 miscellaneous purposes: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23,294,090 12 i. For the operation of the Fort Dodge correctional 13 facility, including salaries, support, maintenance, and 14 miscellaneous purposes: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,067,231 16 j. For reimbursement of counties for temporary confinement 17 of prisoners, as provided in sections 901.7, 904.908, and 18 906.17, and for offenders confined pursuant to section 904.513: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,082,635 20 k. For federal prison reimbursement, reimbursements for 21 out-of-state placements, and miscellaneous contracts: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 234,411 23 2. The department of corrections shall use moneys 24 appropriated in subsection 1 to continue to contract for the 25 services of a Muslim imam and a Native American spiritual 26 leader. 27 Sec. 4. DEPARTMENT OF CORRECTIONS —— ADMINISTRATION. 28 There is appropriated from the general fund of the state to the 29 department of corrections for the fiscal year beginning July 30 1, 2019, and ending June 30, 2020, the following amounts, or 31 so much thereof as is necessary, to be used for the purposes 32 designated: 33 1. For general administration, including salaries and the 34 adjustment of salaries throughout the department, support, 35 -5- LSB 1005XC (10) 88 asf/tm 5/ 24
S.F. _____ maintenance, employment of an education director to administer 1 a centralized education program for the correctional system, 2 and miscellaneous purposes: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,346,881 4 a. It is the intent of the general assembly that each 5 lease negotiated by the department of corrections with a 6 private corporation for the purpose of providing private 7 industry employment of inmates in a correctional institution 8 shall prohibit the private corporation from utilizing inmate 9 labor for partisan political purposes for any person seeking 10 election to public office in this state and that a violation 11 of this requirement shall result in a termination of the lease 12 agreement. 13 b. It is the intent of the general assembly that as a 14 condition of receiving the appropriation provided in this 15 subsection the department of corrections shall not enter into 16 a lease or contractual agreement pursuant to section 904.809 17 with a private corporation for the use of building space for 18 the purpose of providing inmate employment without providing 19 that the terms of the lease or contract establish safeguards to 20 restrict, to the greatest extent feasible, access by inmates 21 working for the private corporation to personal identifying 22 information of citizens. 23 2. For educational programs for inmates at state penal 24 institutions: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,608,109 26 a. To maximize the funding for educational programs, 27 the department shall establish guidelines and procedures to 28 prioritize the availability of educational and vocational 29 training for inmates based upon the goal of facilitating an 30 inmate’s successful release from the correctional institution. 31 b. The director of the department of corrections may 32 transfer moneys from Iowa prison industries and the canteen 33 operating funds established pursuant to section 904.310, for 34 use in educational programs for inmates. 35 -6- LSB 1005XC (10) 88 asf/tm 6/ 24
S.F. _____ c. Notwithstanding section 8.33, moneys appropriated in 1 this subsection that remain unobligated or unexpended at the 2 close of the fiscal year shall not revert but shall remain 3 available to be used only for the purposes designated in this 4 subsection until the close of the succeeding fiscal year. 5 3. For the development and operation of the Iowa corrections 6 offender network (ICON) data system: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 8 4. For offender mental health and substance abuse 9 treatment: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 28,065 11 Sec. 5. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 12 SERVICES. 13 1. There is appropriated from the general fund of the state 14 to the department of corrections for the fiscal year beginning 15 July 1, 2019, and ending June 30, 2020, for salaries, support, 16 maintenance, and miscellaneous purposes, the following amounts, 17 or so much thereof as is necessary, to be used for the purposes 18 designated: 19 a. For the first judicial district department of 20 correctional services: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,069,356 22 It is the intent of the general assembly that the first 23 judicial district department of correctional services maintain 24 the drug courts operated by the district department. 25 b. For the second judicial district department of 26 correctional services: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,618,090 28 It is the intent of the general assembly that the second 29 judicial district department of correctional services maintain 30 two drug courts to be operated by the district department. 31 c. For the third judicial district department of 32 correctional services: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,318,308 34 d. For the fourth judicial district department of 35 -7- LSB 1005XC (10) 88 asf/tm 7/ 24
S.F. _____ correctional services: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,811,273 2 e. For the fifth judicial district department of 3 correctional services, including funding for electronic 4 monitoring devices for use on a statewide basis: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21,986,762 6 It is the intent of the general assembly that the fifth 7 judicial district department of correctional services maintain 8 the drug court operated by the district department. 9 f. For the sixth judicial district department of 10 correctional services: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,839,165 12 It is the intent of the general assembly that the sixth 13 judicial district department of correctional services maintain 14 the drug court operated by the district department. 15 g. For the seventh judicial district department of 16 correctional services: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,919,692 18 It is the intent of the general assembly that the seventh 19 judicial district department of correctional services maintain 20 the drug court operated by the district department. 21 h. For the eighth judicial district department of 22 correctional services: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,443,071 24 2. Each judicial district department of correctional 25 services, within the funding available, shall continue programs 26 and plans established within that district to provide for 27 intensive supervision, sex offender treatment, diversion of 28 low-risk offenders to the least restrictive sanction available, 29 job development, and expanded use of intermediate criminal 30 sanctions. 31 3. Each judicial district department of correctional 32 services shall provide alternatives to prison consistent with 33 chapter 901B. The alternatives to prison shall ensure public 34 safety while providing maximum rehabilitation to the offender. 35 -8- LSB 1005XC (10) 88 asf/tm 8/ 24
S.F. _____ A judicial district department of correctional services may 1 also establish a day program. 2 4. The governor’s office of drug control policy shall 3 consider federal grants made to the department of corrections 4 for the benefit of each of the eight judicial district 5 departments of correctional services as local government 6 grants, as defined pursuant to federal regulations. 7 5. The department of corrections shall continue to contract 8 with a judicial district department of correctional services to 9 provide for the rental of electronic monitoring equipment which 10 shall be available statewide. 11 Sec. 6. DEPARTMENT OF CORRECTIONS —— REALLOCATION OF 12 APPROPRIATIONS. Notwithstanding section 8.39, within the 13 moneys appropriated in this division of this Act to the 14 department of corrections, the department may reallocate the 15 moneys appropriated and allocated as necessary to best fulfill 16 the needs of the correctional institutions, administration 17 of the department, and the judicial district departments of 18 correctional services. However, in addition to complying with 19 the requirements of sections 904.116 and 905.8 and providing 20 notice to the legislative services agency, the department 21 of corrections shall also provide notice to the department 22 of management, prior to the effective date of the revision 23 or reallocation of an appropriation made pursuant to this 24 section. The department of corrections shall not reallocate an 25 appropriation or allocation for the purpose of eliminating any 26 program. 27 Sec. 7. INTENT —— REPORTS. 28 1. The department of corrections in cooperation with 29 townships, the Iowa cemetery associations, and other nonprofit 30 or governmental entities may use inmate labor during the 31 fiscal year beginning July 1, 2019, to restore or preserve 32 rural cemeteries and historical landmarks. The department in 33 cooperation with the counties may also use inmate labor to 34 clean up roads, major water sources, and other water sources 35 -9- LSB 1005XC (10) 88 asf/tm 9/ 24
S.F. _____ around the state. 1 2. On a quarterly basis the department shall provide a 2 status report regarding private-sector employment to the 3 legislative services agency beginning on July 1, 2019. The 4 report shall include the number of offenders employed in the 5 private sector, the combined number of hours worked by the 6 offenders, the total amount of allowances, and the distribution 7 of allowances pursuant to section 904.702, including any moneys 8 deposited in the general fund of the state. 9 Sec. 8. ELECTRONIC MONITORING REPORT. The department of 10 corrections shall submit a report on electronic monitoring to 11 the general assembly, to the co-chairpersons and the ranking 12 members of the joint appropriations subcommittee on the justice 13 system, and to the legislative services agency by January 14 15, 2020. The report shall specifically address the number 15 of persons being electronically monitored and break down the 16 number of persons being electronically monitored by offense 17 committed. The report shall also include a comparison of any 18 data from the prior fiscal year with the current year. 19 Sec. 9. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 20 1. As used in this section, unless the context otherwise 21 requires, “state agency” means the government of the state 22 of Iowa, including but not limited to all executive branch 23 departments, agencies, boards, bureaus, and commissions, the 24 judicial branch, the general assembly and all legislative 25 agencies, institutions within the purview of the state board of 26 regents, and any corporation whose primary function is to act 27 as an instrumentality of the state. 28 2. State agencies are encouraged to purchase products from 29 Iowa state industries, as defined in section 904.802, when 30 purchases are required and the products are available from 31 Iowa state industries. State agencies shall obtain bids from 32 Iowa state industries for purchases of office furniture during 33 the fiscal year beginning July 1, 2019, exceeding $5,000 or 34 in accordance with applicable administrative rules related to 35 -10- LSB 1005XC (10) 88 asf/tm 10/ 24
S.F. _____ purchases for the agency. 1 Sec. 10. IOWA LAW ENFORCEMENT ACADEMY. 2 1. There is appropriated from the general fund of the 3 state to the Iowa law enforcement academy for the fiscal year 4 beginning July 1, 2019, and ending June 30, 2020, the following 5 amount, or so much thereof as is necessary, to be used for the 6 purposes designated: 7 a. (1) For salaries, support, maintenance, and 8 miscellaneous purposes, including jailer training and technical 9 assistance, and for not more than the following full-time 10 equivalent positions: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 971,341 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 25.25 13 (2) For the costs associated with temporary relocation of 14 the Iowa law enforcement academy: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,015,442 16 b. The Iowa law enforcement academy may temporarily exceed 17 and draw more than the amount appropriated in this subsection 18 and incur a negative cash balance as long as there are 19 receivables equal to or greater than the negative balance and 20 the amount appropriated in this subsection is not exceeded at 21 the close of the fiscal year. 22 2. The Iowa law enforcement academy may select at least 23 five automobiles of the department of public safety, division 24 of state patrol, prior to turning over the automobiles to 25 the department of administrative services to be disposed 26 of by public auction, and the Iowa law enforcement academy 27 may exchange any automobile owned by the academy for each 28 automobile selected if the selected automobile is used in 29 training law enforcement officers at the academy. However, any 30 automobile exchanged by the academy shall be substituted for 31 the selected vehicle of the department of public safety and 32 sold by public auction with the receipts being deposited in the 33 depreciation fund to the credit of the department of public 34 safety, division of state patrol. 35 -11- LSB 1005XC (10) 88 asf/tm 11/ 24
S.F. _____ 3. The Iowa law enforcement academy shall provide training 1 for domestic abuse and human trafficking-related issues 2 throughout the state. The training shall be offered at no 3 cost to the attendees and the training shall not replace any 4 existing domestic abuse or human trafficking training offered 5 by the academy. 6 Sec. 11. STATE PUBLIC DEFENDER. There is appropriated from 7 the general fund of the state to the office of the state public 8 defender of the department of inspections and appeals for the 9 fiscal year beginning July 1, 2019, and ending June 30, 2020, 10 the following amounts, or so much thereof as is necessary, to 11 be used for the purposes designated: 12 1. For salaries, support, maintenance, and miscellaneous 13 purposes, and for not more than the following full-time 14 equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 26,605,299 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 223.00 17 2. For payments on behalf of eligible adults and juveniles 18 from the indigent defense fund, in accordance with section 19 815.11: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 39,144,448 21 Sec. 12. BOARD OF PAROLE. There is appropriated from the 22 general fund of the state to the board of parole for the fiscal 23 year beginning July 1, 2019, and ending June 30, 2020, the 24 following amount, or so much thereof as is necessary, to be 25 used for the purposes designated: 26 For salaries, support, maintenance, and miscellaneous 27 purposes, and for not more than the following full-time 28 equivalent positions: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,221,374 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.50 31 Sec. 13. DEPARTMENT OF PUBLIC DEFENSE. 32 1. There is appropriated from the general fund of the 33 state to the department of public defense, for the fiscal year 34 beginning July 1, 2019, and ending June 30, 2020, the following 35 -12- LSB 1005XC (10) 88 asf/tm 12/ 24
S.F. _____ amounts, or so much thereof as is necessary, to be used for the 1 purposes designated: 2 For salaries, support, maintenance, and miscellaneous 3 purposes, and for not more than the following full-time 4 equivalent positions: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,334,961 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 249.00 7 2. The department of public defense may temporarily exceed 8 and draw more than the amount appropriated in this section and 9 incur a negative cash balance as long as there are receivables 10 of federal funds equal to or greater than the negative balance 11 and the amount appropriated in this section is not exceeded at 12 the close of the fiscal year. 13 Sec. 14. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 14 MANAGEMENT. 15 1. There is appropriated from the general fund of the state 16 to the department of homeland security and emergency management 17 for the fiscal year beginning July 1, 2019, and ending June 18 30, 2020, the following amounts, or so much thereof as is 19 necessary, to be used for the purposes designated: 20 For salaries, support, maintenance, and miscellaneous 21 purposes, and for not more than the following full-time 22 equivalent positions: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,123,610 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 31.03 25 2. The department of homeland security and emergency 26 management may temporarily exceed and draw more than the amount 27 appropriated in this section and incur a negative cash balance 28 as long as there are receivables of federal funds equal to or 29 greater than the negative balance and the amount appropriated 30 in this section is not exceeded at the close of the fiscal 31 year. 32 Sec. 15. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 33 from the general fund of the state to the department of public 34 safety for the fiscal year beginning July 1, 2019, and ending 35 -13- LSB 1005XC (10) 88 asf/tm 13/ 24
S.F. _____ June 30, 2020, the following amounts, or so much thereof as is 1 necessary, to be used for the purposes designated: 2 1. For administrative functions, including salaries and the 3 adjustment of salaries throughout the department, the criminal 4 justice information system, and for not more than the following 5 full-time equivalent positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,734,703 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 37.00 8 2. For the division of criminal investigation, including 9 the state’s contribution to the peace officers’ retirement, 10 accident, and disability system provided in chapter 97A in the 11 amount of the state’s normal contribution rate, as defined in 12 section 97A.8, multiplied by the salaries for which the moneys 13 are appropriated, to meet federal fund matching requirements, 14 and for not more than the following full-time equivalent 15 positions: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,663,083 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 167.00 18 3. For the criminalistics laboratory fund created in 19 section 691.9: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 700,000 21 Notwithstanding section 8.33, moneys appropriated in this 22 subsection that remain unencumbered or unobligated at the close 23 of the fiscal year shall not revert but shall remain available 24 for expenditure for the purposes designated until the close of 25 the succeeding fiscal year. 26 4. a. For the division of narcotics enforcement, including 27 the state’s contribution to the peace officers’ retirement, 28 accident, and disability system provided in chapter 97A in the 29 amount of the state’s normal contribution rate, as defined in 30 section 97A.8, multiplied by the salaries for which the moneys 31 are appropriated, to meet federal fund matching requirements, 32 and for not more than the following full-time equivalent 33 positions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,985,873 35 -14- LSB 1005XC (10) 88 asf/tm 14/ 24
S.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 65.00 1 The division of narcotics enforcement is authorized an 2 additional 1.00 full-time equivalent position pursuant to 3 this lettered paragraph that is in excess of the number of 4 full-time equivalent positions authorized for the previous 5 fiscal year only if the division of narcotics enforcement 6 receives sufficient federal moneys to maintain employment 7 for the additional full-time equivalent position during the 8 current fiscal year. The division of narcotics enforcement 9 shall only employ the additional full-time equivalent position 10 in succeeding fiscal years if sufficient federal moneys are 11 received during each of those succeeding fiscal years. 12 b. For the division of narcotics enforcement for undercover 13 purchases: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 259,042 15 5. For the division of state fire marshal, for fire 16 protection services as provided through the state fire service 17 and emergency response council as created in the department, 18 and for the state’s contribution to the peace officers’ 19 retirement, accident, and disability system provided in chapter 20 97A in the amount of the state’s normal contribution rate, 21 as defined in section 97A.8, multiplied by the salaries for 22 which the moneys are appropriated, and for not more than the 23 following full-time equivalent positions: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,965,056 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 49.00 26 As a condition of receiving the appropriation in this 27 subsection, the commissioner of the department of public safety 28 shall appoint the administrator of the fire service training 29 bureau of the division of state fire marshal as provided in 30 section 100B.7. 31 6. For the division of state patrol, for salaries, support, 32 maintenance, workers’ compensation costs, and miscellaneous 33 purposes, including the state’s contribution to the peace 34 officers’ retirement, accident, and disability system provided 35 -15- LSB 1005XC (10) 88 asf/tm 15/ 24
S.F. _____ in chapter 97A in the amount of the state’s normal contribution 1 rate, as defined in section 97A.8, multiplied by the salaries 2 for which the moneys are appropriated, and for not more than 3 the following full-time equivalent positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 65,926,287 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 517.00 6 It is the intent of the general assembly that members of the 7 state patrol be assigned to patrol the highways and roads in 8 lieu of assignments for inspecting school buses for the school 9 districts. 10 7. For deposit in the sick leave benefits fund established 11 under section 80.42 for all departmental employees eligible to 12 receive benefits for accrued sick leave under the collective 13 bargaining agreement: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 279,517 15 8. For costs associated with the training and equipment 16 needs of volunteer fire fighters: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 875,520 18 a. Notwithstanding section 8.33, moneys appropriated in 19 this subsection that remain unencumbered or unobligated at the 20 close of the fiscal year shall not revert but shall remain 21 available for expenditure only for the purpose designated in 22 this subsection until the close of the succeeding fiscal year. 23 b. Notwithstanding section 8.39, the department of public 24 safety may reallocate moneys appropriated in this section 25 as necessary to best fulfill the needs provided for in the 26 appropriation. However, the department shall not reallocate 27 moneys appropriated to the department in this section unless 28 notice of the reallocation is given to the legislative services 29 agency and the department of management prior to the effective 30 date of the reallocation. The notice shall include information 31 regarding the rationale for reallocating the moneys. The 32 department shall not reallocate moneys appropriated in this 33 section for the purpose of eliminating any program. 34 9. For the public safety interoperable and broadband 35 -16- LSB 1005XC (10) 88 asf/tm 16/ 24
S.F. _____ communications fund established in section 80.44: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 115,661 2 10. For the office to combat human trafficking established 3 pursuant to section 80.45, including salaries, support, 4 maintenance, miscellaneous purposes, and for not more than the 5 following full-time equivalent positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,000 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 1.00 8 Sec. 16. GAMING ENFORCEMENT. 9 1. There is appropriated from the gaming enforcement 10 revolving fund created in section 80.43 to the department of 11 public safety for the fiscal year beginning July 1, 2019, and 12 ending June 30, 2020, the following amount, or so much thereof 13 as is necessary, to be used for the purposes designated: 14 a. For any direct support costs for agents and officers of 15 the division of criminal investigation’s excursion gambling 16 boat, gambling structure, and racetrack enclosure enforcement 17 activities, including salaries, support, maintenance, and 18 miscellaneous purposes, and for not more than the following 19 full-time equivalent positions: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,469,077 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 73.00 22 b. In addition to the moneys appropriated and full-time 23 equivalent positions authorized in paragraph “a”, and 24 contingent upon the enactment of 2019 Iowa Acts, Senate File 25 366, or its successor, the department of public safety is 26 appropriated an additional $300,000 and is authorized an 27 additional 3.00 full-time equivalent positions to assist in 28 implementing the provisions of 2019 Iowa Acts, Senate File 366, 29 or its successor, if enacted. 30 2. For each additional license to conduct gambling games on 31 an excursion gambling boat, gambling structure, or racetrack 32 enclosure issued during the fiscal year beginning July 1, 2019, 33 there is appropriated from the gaming enforcement fund to the 34 department of public safety for the fiscal year beginning July 35 -17- LSB 1005XC (10) 88 asf/tm 17/ 24
S.F. _____ 1, 2019, and ending June 30, 2020, an additional amount of 1 not more than $300,000 to be used for full-time equivalent 2 positions. 3 3. The department of public safety, with the approval of the 4 department of management, may employ no more than three special 5 agents for each additional riverboat or gambling structure 6 regulated after July 1, 2020, and three special agents for 7 each racing facility which becomes operational during the 8 fiscal year which begins July 1, 2020. Positions authorized 9 in this subsection are in addition to the full-time equivalent 10 positions otherwise authorized in this section. 11 Sec. 17. CIVIL RIGHTS COMMISSION. 12 1. There is appropriated from the general fund of the state 13 to the Iowa state civil rights commission for the fiscal year 14 beginning July 1, 2019, and ending June 30, 2020, the following 15 amount, or so much thereof as is necessary, to be used for the 16 purposes designated: 17 For salaries, support, maintenance, and miscellaneous 18 purposes, and for not more than the following full-time 19 equivalent positions: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,198,266 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 26.00 22 2. The Iowa state civil rights commission may enter into 23 a contract with a nonprofit organization to provide legal 24 assistance to resolve civil rights complaints. 25 Sec. 18. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION. 26 1. There is appropriated from the general fund of the state 27 to the criminal and juvenile justice planning division of the 28 department of human rights for the fiscal year beginning July 29 1, 2019, and ending June 30, 2020, the following amount or 30 so much thereof as is necessary, to be used for the purposes 31 designated: 32 a. For salaries, support, maintenance, and miscellaneous 33 purposes, and for not more than the following full-time 34 equivalent positions: 35 -18- LSB 1005XC (10) 88 asf/tm 18/ 24
S.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,209,410 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 8.99 2 b. (1) For a single grant to a program located in a city 3 with a higher than average juvenile crime rate as determined 4 by the criminal and juvenile justice planning division and 5 a population greater than 80,000 as determined by the 2010 6 federal decennial census, which may be used for studying, 7 planning, programming, and capital, that is committed to 8 deterring juvenile delinquency through early intervention in 9 the criminal justice system by providing a comprehensive, 10 multifaceted delivery of social services: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 140,000 12 (2) The program shall use no more than 5 percent of the 13 grant for administrative costs. 14 2. The criminal and juvenile justice planning advisory 15 council and the juvenile justice advisory council shall 16 coordinate their efforts in carrying out their respective 17 duties relative to juvenile justice. 18 Sec. 19. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 19 MANAGEMENT. There is appropriated from the 911 emergency 20 communications fund created in section 34A.7A to the department 21 of homeland security and emergency management for the fiscal 22 year beginning July 1, 2019, and ending June 30, 2020, the 23 following amount, or so much thereof as is necessary, to be 24 used for the purposes designated: 25 For implementation, support, and maintenance of the 26 functions of the administrator and program manager under 27 chapter 34A and to employ the auditor of the state to perform 28 an annual audit of the 911 emergency communications fund: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 30 Sec. 20. CONSUMER EDUCATION AND LITIGATION —— FARM 31 MEDIATION AND PROSECUTIONS, APPEALS, AND CLAIMS. 32 Notwithstanding section 714.16C , there is appropriated from the 33 consumer education and litigation fund to the department of 34 justice for the fiscal year beginning July 1, 2019, and ending 35 -19- LSB 1005XC (10) 88 asf/tm 19/ 24
S.F. _____ June 30, 2020, the following amount, or so much thereof as is 1 necessary, to be used for the purposes designated: 2 a. For farm mediation services as specified in section 3 13.13, subsection 2 : 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300,000 5 b. For salaries, support, maintenance, and miscellaneous 6 purposes for criminal prosecutions, criminal appeals, and 7 performing duties pursuant to chapter 669 : 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,500,000 9 DIVISION II 10 SUPPLEMENTAL AND MISCELLANEOUS APPROPRIATIONS 11 Sec. 21. IOWA LAW ENFORCEMENT ACADEMY. There is 12 appropriated from the general fund of the state to the Iowa 13 law enforcement academy for the fiscal year beginning July 14 1, 2018, and ending June 30, 2019, the following amount, or 15 so much thereof as is necessary, to be used for the purposes 16 designated: 17 For relocation costs, including salaries, support, 18 maintenance, and miscellaneous purposes: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 285,982 20 Sec. 22. 2017 Iowa Acts, chapter 167, section 37, subsection 21 2, as amended by 2018 Iowa Acts, chapter 1168, section 7, is 22 amended to read as follows: 23 2. For payments on behalf of eligible adults and juveniles 24 from the indigent defense fund, in accordance with section 25 815.11 : 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 35,144,448 27 37,644,448 28 Sec. 23. EFFECTIVE DATE. The division of this Act, being 29 deemed of immediate importance, takes effect upon enactment. 30 DIVISION III 31 ATTORNEY GENERAL 32 Sec. 24. NEW SECTION . 13.12 Report of money awards. 33 The attorney general shall report to the legislative 34 services agency and the department of management all money 35 -20- LSB 1005XC (10) 88 asf/tm 20/ 24
S.F. _____ settlement awards and court money awards which were awarded to 1 the state of Iowa. The attorney general shall report which 2 funds are designated to receive the moneys and under what legal 3 authority the designation is being made. 4 DIVISION IV 5 FIRE SERVICE TRAINING REVOLVING FUND 6 Sec. 25. Section 100B.4, Code 2019, is amended to read as 7 follows: 8 100B.4 Fees —— retention —— use —— fund . 9 1. Fees assessed pursuant to this chapter shall be retained 10 by the division of state fire marshal and such repayments 11 received shall be used exclusively to offset the cost of 12 fire service training. Fees charged by regional emergency 13 response training centers for fire service training programs as 14 described in section 100B.6 shall not be greater than the fee 15 schedule established by rule by the state fire marshal. 16 2. Notwithstanding section 8.33 , repayment receipts 17 collected by the division of state fire marshal for the fire 18 service training bureau that remain unencumbered or unobligated 19 at the close of the fiscal year shall not revert but shall 20 remain available for expenditure for the purposes designated 21 until the close of the succeeding fiscal year. 22 3. A fire service training revolving fund is created in the 23 state treasury under the control of the department of public 24 safety. The fund shall consist of fees assessed pursuant to 25 this section, and deposited into the fire service training 26 revolving fund. All moneys in the fund are appropriated to 27 the department of public safety for purposes of fire service 28 training and shall be under the control of the state fire 29 marshal. Notwithstanding section 8.33, moneys in the fund 30 that remain unencumbered or unobligated at the close of a 31 fiscal year shall not revert but shall remain available for 32 expenditures for the purposes designated until the close of 33 the succeeding fiscal year. Notwithstanding section 12C.7, 34 subsection 2, interest or earnings on moneys in the fund shall 35 -21- LSB 1005XC (10) 88 asf/tm 21/ 24
S.F. _____ be credited to the fund. 1 Sec. 26. EFFECTIVE DATE. This division of this Act, being 2 deemed of immediate importance, takes effect upon enactment. 3 Sec. 27. RETROACTIVE APPLICABILITY. This division of this 4 Act applies retroactively to July 1, 2018. 5 DIVISION V 6 DEPARTMENT OF CORRECTIONS 7 Sec. 28. DEPARTMENT OF CORRECTIONS. Notwithstanding 8 sections 8.33 and 8.39, the department of corrections may use 9 any general fund resources appropriated to the department 10 for the fiscal year beginning July 1, 2018, and ending June 11 30, 2019, for the resolution of the settlement agreement 12 with the division of labor services to the amended citation 13 P1582-1281728 dated October 18, 2018; requiring the department 14 to remedy citation 1(a) by providing adequate means of 15 communication for employees to summon assistance during violent 16 attacks, which must be abated by March 1, 2019. 17 Sec. 29. EFFECTIVE DATE. This division of this Act, being 18 deemed of immediate importance, takes effect upon enactment. 19 DIVISION VI 20 INDIGENT DEFENSE 21 Sec. 30. 2016 Iowa Acts, chapter 1137, section 21, 22 subsection 1, is amended to read as follows: 23 1. Notwithstanding any other provision of the law to the 24 contrary, for each fiscal year for the period beginning July 1, 25 2016, and ending June 30, 2019 2022 , the state public defender 26 may establish a pilot project allowing an indigent person to 27 choose an eligible attorney to represent the person in the 28 person’s case that requires such representation. The state 29 public defender shall have sole discretion to establish the 30 pilot project in no more than four counties throughout the 31 state. The state public defender may coordinate with other 32 agencies and organizations in order to seek grant funding and 33 to measure the results of the pilot project. 34 Sec. 31. EFFECTIVE DATE. This division of this Act, being 35 -22- LSB 1005XC (10) 88 asf/tm 22/ 24
S.F. _____ deemed of immediate importance, takes effect upon enactment. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill relates to and makes appropriations to the justice 5 system. The bill is organized by divisions. 6 FY 2019-2020 APPROPRIATIONS. The bill makes appropriations 7 from the general fund of the state for fiscal year 2019-2020 to 8 the departments of justice, corrections, public defense, public 9 safety, and homeland security and emergency management, and 10 the Iowa law enforcement academy, office of the state public 11 defender, board of parole, Iowa state civil rights commission, 12 and the criminal and juvenile justice planning division of the 13 department of human rights. 14 The bill appropriates moneys from the department of commerce 15 revolving fund to the office of consumer advocate of the 16 department of justice for fiscal year 2019-2020. 17 The bill also appropriates moneys from the gaming 18 enforcement revolving fund to the department of public safety 19 for fiscal year 2019-2020. 20 The bill appropriates moneys from the wireless E911 21 emergency communications fund to the department of homeland 22 security and emergency management for fiscal year 2019-2020. 23 The bill appropriates moneys from the consumer education and 24 litigation fund to the department of justice for farm mediation 25 services and salaries, support, maintenance, and miscellaneous 26 purposes for criminal prosecuting, criminal appeals, and 27 performing duties for fiscal year 2019-2020. 28 SUPPLEMENTAL AND MISCELLANEOUS APPROPRIATIONS. The bill 29 appropriates moneys to the state public defender and the Iowa 30 law enforcement academy for the fiscal year 2018-2019. The 31 division is effective upon enactment. 32 ATTORNEY GENERAL. The bill provides that the attorney 33 general shall report to the legislative services agency and 34 the department of management all money settlements and court 35 -23- LSB 1005XC (10) 88 asf/tm 23/ 24
S.F. _____ money awards which were awarded to the state of Iowa. The bill 1 provides that the attorney general shall report which funds are 2 designated to receive the moneys and under what legal authority 3 the designation is being made. 4 FIRE SERVICE TRAINING REVOLVING FUND. The bill creates a 5 fire service training revolving fund and appropriates moneys 6 in the fund to the department of public safety and provides 7 that the moneys shall be under the control of the state fire 8 marshal. The division is effective upon enactment and is 9 retroactively applicable to July 1, 2018. 10 DEPARTMENT OF CORRECTIONS. The bill provides that the 11 department of corrections may use general fund resources 12 appropriated to the department for fiscal year 2018-2019 for 13 the resolution of the settlement agreement with the division 14 of labor services to remedy the citation by providing adequate 15 means of communication for employees to summon assistance 16 during violent attacks. The division is effective upon 17 enactment. 18 INDIGENT DEFENSE. The bill provides for the extension of the 19 state public defender pilot project allowing an indigent person 20 to choose an eligible attorney to represent the person in the 21 person’s case that requires such representation, extending the 22 completion date of that project from June 30, 2019, to June 30, 23 2022. The division is effective upon enactment. 24 -24- LSB 1005XC (10) 88 asf/tm 24/ 24
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