Bill Text: IA SSB3149 | 2021-2022 | 89th General Assembly | Introduced


Bill Title: A bill for an act relating to appropriations to the justice system.

Spectrum: Committee Bill

Status: (Introduced - Dead) 2022-02-17 - Subcommittee: Kraayenbrink, Bolkcom, and Lofgren. [SSB3149 Detail]

Download: Iowa-2021-SSB3149-Introduced.html
Senate Study Bill 3149 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED GOVERNOR BUDGET BILL) A BILL FOR An Act relating to appropriations to the justice system. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5014XG (7) 89 as/tm
S.F. _____ H.F. _____ DIVISION I 1 FY 2022-2023 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, 2022, and ending June 30, 2023, 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 10 salaries, support, maintenance, and miscellaneous purposes, 11 including the prosecuting attorneys training program, matching 12 funds for federal violence against women grant programs, 13 victim assistance grants, the office of drug control policy 14 prosecuting attorney program, and odometer fraud enforcement: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,563,298 16 As a condition of receiving the appropriation provided 17 in this lettered paragraph, the department of justice shall 18 maintain a record of the estimated time incurred representing 19 each agency or department. 20 The general office of attorney general may temporarily 21 exceed and draw more than the amount appropriated in this 22 lettered paragraph and incur a negative cash balance as long 23 as there are receivables equal to or greater than the negative 24 balances and the amount appropriated in this lettered paragraph 25 is not exceeded at the close of the fiscal year. 26 b. For victim assistance grants: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,016,708 28 The moneys appropriated in this lettered paragraph shall be 29 used to provide grants to care providers providing services to 30 crime victims of domestic abuse or to crime victims of rape and 31 sexual assault. 32 The balance of the victim compensation fund established 33 in section 915.94 may be used to provide salary and support 34 of not more than 24.00 full-time equivalent positions and to 35 -1- LSB 5014XG (7) 89 as/tm 1/ 20
S.F. _____ H.F. _____ provide maintenance for the victim compensation functions 1 of the department of justice. In addition to the full-time 2 equivalent positions authorized pursuant to this paragraph, 3 7.00 full-time equivalent positions are authorized and shall 4 be used by the department of justice to employ one accountant 5 and four program planners. The department of justice may 6 employ the additional 7.00 full-time equivalent positions 7 authorized pursuant to this paragraph that are in excess of the 8 number of full-time equivalent positions authorized only if 9 the department of justice receives sufficient federal moneys 10 to maintain employment for the additional full-time equivalent 11 positions during the current fiscal year. The department 12 of justice shall only employ the additional 7.00 full-time 13 equivalent positions in succeeding fiscal years if sufficient 14 federal moneys are received during each of those succeeding 15 fiscal years. 16 The department of justice shall transfer at least $150,000 17 from the victim compensation fund established in section 915.94 18 to the victim assistance grant program established in section 19 13.31. 20 Notwithstanding section 8.33, moneys appropriated in this 21 lettered paragraph that remain unencumbered or unobligated at 22 the close of the fiscal year shall not revert but shall remain 23 available for expenditure for the purposes designated until the 24 close of the succeeding fiscal year. 25 c. For legal services for persons in poverty grants as 26 provided in section 13.34: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,634,601 28 2. a. The department of justice, in submitting budget 29 estimates for the fiscal year beginning July 1, 2023, pursuant 30 to section 8.23, shall include a report of funding from sources 31 other than amounts appropriated directly from the general fund 32 of the state to the department of justice or to the office of 33 consumer advocate. These funding sources shall include but 34 are not limited to reimbursements from other state agencies, 35 -2- LSB 5014XG (7) 89 as/tm 2/ 20
S.F. _____ H.F. _____ commissions, boards, or similar entities, and reimbursements 1 from special funds or internal accounts within the department 2 of justice. The department of justice shall also report actual 3 reimbursements for the fiscal year beginning July 1, 2021, 4 and actual and expected reimbursements for the fiscal year 5 beginning July 1, 2022. 6 b. The department of justice shall include the report 7 required under paragraph “a”, as well as information regarding 8 any revisions occurring as a result of reimbursements actually 9 received or expected at a later date, in a report to the 10 general assembly. The department of justice shall submit the 11 report on or before January 15, 2023. 12 3. a. The department of justice shall fully reimburse 13 the costs and necessary related expenses incurred by the Iowa 14 law enforcement academy to continue to employ one additional 15 instructor position who shall provide training for human 16 trafficking-related issues throughout the state. 17 b. The department of justice shall obtain the moneys 18 necessary to reimburse the Iowa law enforcement academy to 19 employ such an instructor from unrestricted moneys from either 20 the victim compensation fund established in section 915.94 21 or the human trafficking victim fund established in section 22 915.95, or the human trafficking enforcement fund established 23 in 2015 Iowa Acts, chapter 138, section 141. 24 Sec. 2. OFFICE OF CONSUMER ADVOCATE. There is appropriated 25 from the department of commerce revolving fund created in 26 section 546.12 to the office of consumer advocate of the 27 department of justice for the fiscal year beginning July 1, 28 2022, and ending June 30, 2023, the following amount, or so 29 much thereof as is necessary, to be used for the purposes 30 designated: 31 For salaries, support, maintenance, and miscellaneous 32 purposes: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,199,004 34 Sec. 3. DEPARTMENT OF CORRECTIONS —— FACILITIES. 35 -3- LSB 5014XG (7) 89 as/tm 3/ 20
S.F. _____ H.F. _____ 1. There is appropriated from the general fund of the state 1 to the department of corrections for the fiscal year beginning 2 July 1, 2022, and ending June 30, 2023, the following amounts, 3 or so much thereof as is necessary, to be used for the purposes 4 designated: 5 a. For the operation of the Fort Madison correctional 6 facility, including salaries, support, maintenance, and 7 miscellaneous purposes: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 43,200,288 9 b. For the operation of the Anamosa correctional facility, 10 including salaries, support, maintenance, and miscellaneous 11 purposes: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 36,087,370 13 c. For the operation of the Oakdale correctional facility, 14 including salaries, support, maintenance, and miscellaneous 15 purposes: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 55,418,190 17 d. For Oakdale correctional facility for department-wide 18 institutional pharmaceuticals and miscellaneous purposes: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,556,620 20 e. For the operation of the Newton correctional facility, 21 including salaries, support, maintenance, and miscellaneous 22 purposes: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,823,196 24 f. For the operation of the Mount Pleasant correctional 25 facility, including salaries, support, maintenance, and 26 miscellaneous purposes: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 28,033,084 28 g. For the operation of the Rockwell City correctional 29 facility, including salaries, support, maintenance, and 30 miscellaneous purposes: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,841,112 32 h. For the operation of the Clarinda correctional facility, 33 including salaries, support, maintenance, and miscellaneous 34 purposes: 35 -4- LSB 5014XG (7) 89 as/tm 4/ 20
S.F. _____ H.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 26,802,003 1 Moneys received by the department of corrections as 2 reimbursement for services provided to the Clarinda youth 3 corporation are appropriated to the department and shall be 4 used for the purpose of operating the Clarinda correctional 5 facility. 6 i. For the operation of the Mitchellville correctional 7 facility, including salaries, support, maintenance, and 8 miscellaneous purposes: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,362,498 10 j. For the operation of the Fort Dodge correctional 11 facility, including salaries, support, maintenance, and 12 miscellaneous purposes: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,123,199 14 k. For reimbursement of counties for temporary confinement 15 of prisoners, as provided in sections 901.7, 904.908, and 16 906.17, and for offenders confined pursuant to section 904.513: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,082,635 18 l. For federal prison reimbursement, reimbursements for 19 out-of-state placements, and miscellaneous contracts: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 234,411 21 2. The department of corrections shall use moneys 22 appropriated in subsection 1 to continue to contract for the 23 services of a Muslim imam and a Native American spiritual 24 leader. 25 Sec. 4. DEPARTMENT OF CORRECTIONS —— ADMINISTRATION. 26 There is appropriated from the general fund of the state to the 27 department of corrections for the fiscal year beginning July 28 1, 2022, and ending June 30, 2023, the following amounts, or 29 so much thereof as is necessary, to be used for the purposes 30 designated: 31 1. For general administration, including salaries and the 32 adjustment of salaries throughout the department, support, 33 maintenance, employment of an education director to administer 34 a centralized education program for the correctional system, 35 -5- LSB 5014XG (7) 89 as/tm 5/ 20
S.F. _____ H.F. _____ and miscellaneous purposes: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,238,128 2 a. It is the intent of the general assembly that each 3 lease negotiated by the department of corrections with a 4 private corporation for the purpose of providing private 5 industry employment of inmates in a correctional institution 6 shall prohibit the private corporation from utilizing inmate 7 labor for partisan political purposes for any person seeking 8 election to public office in this state and that a violation 9 of this requirement shall result in a termination of the lease 10 agreement. 11 b. It is the intent of the general assembly that as a 12 condition of receiving the appropriation provided in this 13 subsection the department of corrections shall not enter into 14 a lease or contractual agreement pursuant to section 904.809 15 with a private corporation for the use of building space for 16 the purpose of providing inmate employment without providing 17 that the terms of the lease or contract establish safeguards to 18 restrict, to the greatest extent feasible, access by inmates 19 working for the private corporation to personal identifying 20 information of citizens. 21 2. For educational programs for inmates at state penal 22 institutions: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,608,109 24 a. To maximize the funding for educational programs, 25 the department shall establish guidelines and procedures to 26 prioritize the availability of educational and vocational 27 training for inmates based upon the goal of facilitating an 28 inmate’s successful release from the correctional institution. 29 b. The director of the department of corrections may 30 transfer moneys from Iowa prison industries and the canteen 31 operating funds established pursuant to section 904.310, for 32 use in educational programs for inmates. 33 c. Notwithstanding section 8.33, moneys appropriated in 34 this subsection that remain unencumbered or unobligated at the 35 -6- LSB 5014XG (7) 89 as/tm 6/ 20
S.F. _____ H.F. _____ close of the fiscal year shall not revert but shall remain 1 available to be used only for the purposes designated in this 2 subsection until the close of the succeeding fiscal year. 3 3. For the development and operation of the Iowa corrections 4 offender network (ICON) data system: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 6 4. For offender mental health and substance abuse 7 treatment: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 28,065 9 5. For department-wide duties, including operations, costs, 10 and miscellaneous purposes: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 243,797 12 Sec. 5. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 13 SERVICES. 14 1. There is appropriated from the general fund of the state 15 to the department of corrections for the fiscal year beginning 16 July 1, 2022, and ending June 30, 2023, for salaries, support, 17 maintenance, and miscellaneous purposes, the following amounts, 18 or so much thereof as is necessary, to be used for the purposes 19 designated: 20 a. For the first judicial district department of 21 correctional services: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,915,362 23 It is the intent of the general assembly that the first 24 judicial district department of correctional services maintains 25 the drug courts operated by the district department. 26 b. For the second judicial district department of 27 correctional services: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,536,466 29 It is the intent of the general assembly that the second 30 judicial district department of correctional services maintains 31 two drug courts to be operated by the district department. 32 c. For the third judicial district department of 33 correctional services: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,519,274 35 -7- LSB 5014XG (7) 89 as/tm 7/ 20
S.F. _____ H.F. _____ d. For the fourth judicial district department of 1 correctional services: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,095,454 3 e. For the fifth judicial district department of 4 correctional services, including funding for electronic 5 monitoring devices for use on a statewide basis: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23,014,230 7 It is the intent of the general assembly that the fifth 8 judicial district department of correctional services maintains 9 the drug court operated by the district department. 10 f. For the sixth judicial district department of 11 correctional services: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,430,310 13 It is the intent of the general assembly that the sixth 14 judicial district department of correctional services maintains 15 the drug court operated by the district department. 16 g. For the seventh judicial district department of 17 correctional services: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,463,844 19 It is the intent of the general assembly that the seventh 20 judicial district department of correctional services maintains 21 the drug court operated by the district department. 22 h. For the eighth judicial district department of 23 correctional services: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,035,497 25 2. Each judicial district department of correctional 26 services, within the moneys available, shall continue programs 27 and plans established within that district to provide for 28 intensive supervision, sex offender treatment, diversion of 29 low-risk offenders to the least restrictive sanction available, 30 job development, and expanded use of intermediate criminal 31 sanctions. 32 3. Each judicial district department of correctional 33 services shall provide alternatives to prison consistent with 34 chapter 901B. The alternatives to prison shall ensure public 35 -8- LSB 5014XG (7) 89 as/tm 8/ 20
S.F. _____ H.F. _____ safety while providing maximum rehabilitation to the offender. 1 A judicial district department of correctional services may 2 also establish a day program. 3 4. The governor’s office of drug control policy shall 4 consider federal grants made to the department of corrections 5 for the benefit of each of the eight judicial district 6 departments of correctional services as local government 7 grants, as defined pursuant to federal regulations. 8 5. The department of corrections shall continue to contract 9 with a judicial district department of correctional services to 10 provide for the rental of electronic monitoring equipment which 11 shall be available statewide. 12 6. The public safety assessment shall not be utilized 13 in pretrial hearings when determining whether to detain or 14 release a defendant before trial, and the use of the public 15 safety assessment pilot program shall be terminated as of the 16 effective date of this subsection, until such time the use of 17 the public safety assessment has been specifically authorized 18 by the general assembly. 19 Sec. 6. DEPARTMENT OF CORRECTIONS —— REALLOCATION OF 20 APPROPRIATIONS. Notwithstanding section 8.39, within 21 the moneys appropriated in this Act to the department of 22 corrections, the department may reallocate the moneys 23 appropriated and allocated as necessary to best fulfill the 24 needs of the correctional institutions, administration of 25 the department, and the judicial district departments of 26 correctional services. However, in addition to complying with 27 the requirements of sections 904.116 and 905.8 and providing 28 notice to the legislative services agency, the department 29 of corrections shall also provide notice to the department 30 of management, prior to the effective date of the revision 31 or reallocation of an appropriation made pursuant to this 32 section. The department of corrections shall not reallocate an 33 appropriation or allocation for the purpose of eliminating any 34 program. 35 -9- LSB 5014XG (7) 89 as/tm 9/ 20
S.F. _____ H.F. _____ Sec. 7. INTENT —— REPORTS. 1 1. The department of corrections, in cooperation with 2 townships, the Iowa cemetery associations, and other nonprofit 3 or governmental entities, may use inmate labor during the 4 fiscal year beginning July 1, 2022, to restore or preserve 5 rural cemeteries and historical landmarks. The department, in 6 cooperation with the counties, may also use inmate labor to 7 clean up roads, major water sources, and other water sources 8 around the state. 9 2. On a quarterly basis, the department shall provide 10 a status report regarding private-sector employment to the 11 general assembly beginning on July 1, 2022. The report shall 12 include the number of offenders employed in the private sector, 13 the combined number of hours worked by the offenders, the 14 total amount of allowances, and the distribution of allowances 15 pursuant to section 904.702, including any moneys deposited in 16 the general fund of the state. 17 Sec. 8. ELECTRONIC MONITORING REPORT. The department of 18 corrections shall submit a report on electronic monitoring 19 to the general assembly by January 15, 2023. The report 20 shall specifically address the number of persons being 21 electronically monitored and break down the number of persons 22 being electronically monitored by offense committed. The 23 report shall also include a comparison of any data from the 24 prior fiscal year with the current fiscal year. 25 Sec. 9. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 26 1. As used in this section, unless the context otherwise 27 requires, “state agency” means the government of the state 28 of Iowa, including but not limited to all executive branch 29 departments, agencies, boards, bureaus, and commissions, the 30 judicial branch, the general assembly and all legislative 31 agencies, institutions within the purview of the state board of 32 regents, and any corporation whose primary function is to act 33 as an instrumentality of the state. 34 2. State agencies are encouraged to purchase products from 35 -10- LSB 5014XG (7) 89 as/tm 10/ 20
S.F. _____ H.F. _____ Iowa state industries, as defined in section 904.802, when 1 purchases are required and the products are available from 2 Iowa state industries. State agencies shall obtain bids from 3 Iowa state industries for purchases of office furniture during 4 the fiscal year beginning July 1, 2022, exceeding $5,000 or 5 in accordance with applicable administrative rules related to 6 purchases for the agency. 7 Sec. 10. IOWA LAW ENFORCEMENT ACADEMY. 8 1. There is appropriated from the general fund of the 9 state to the Iowa law enforcement academy for the fiscal year 10 beginning July 1, 2022, and ending June 30, 2023, the following 11 amount, or so much thereof as is necessary, to be used for the 12 purposes designated: 13 a. For salaries, support, maintenance, and miscellaneous 14 purposes, including jailer training and technical assistance: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,220,749 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 maintained pursuant to section 8A.365 to the 34 credit of the department of public safety, division of state 35 -11- LSB 5014XG (7) 89 as/tm 11/ 20
S.F. _____ H.F. _____ patrol. 1 3. The Iowa law enforcement academy shall provide training 2 for domestic abuse and human trafficking-related issues 3 throughout the state. The training shall be offered at no 4 cost to the attendees and the training shall not replace any 5 existing domestic abuse or human trafficking training offered 6 by the academy. 7 Sec. 11. STATE PUBLIC DEFENDER. There is appropriated from 8 the general fund of the state to the office of the state public 9 defender of the department of inspections and appeals for the 10 fiscal year beginning July 1, 2022, and ending June 30, 2023, 11 the following amounts, or so much thereof as is necessary, to 12 be used for the purposes designated: 13 1. For salaries, support, maintenance, and miscellaneous 14 purposes: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,483,120 16 2. For payments on behalf of eligible adults and juveniles 17 from the indigent defense fund, in accordance with section 18 815.11: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 41,160,374 20 Sec. 12. BOARD OF PAROLE. There is appropriated from the 21 general fund of the state to the board of parole for the fiscal 22 year beginning July 1, 2022, and ending June 30, 2023, the 23 following amount, or so much thereof as is necessary, to be 24 used for the purposes designated: 25 For salaries, support, maintenance, and miscellaneous 26 purposes: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,285,739 28 Sec. 13. DEPARTMENT OF PUBLIC DEFENSE. 29 1. There is appropriated from the general fund of the 30 state to the department of public defense, for the fiscal year 31 beginning July 1, 2022, and ending June 30, 2023, the following 32 amounts, or so much thereof as is necessary, to be used for the 33 purposes designated: 34 For salaries, support, maintenance, and miscellaneous 35 -12- LSB 5014XG (7) 89 as/tm 12/ 20
S.F. _____ H.F. _____ purposes: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,916,601 2 2. The department of public defense may temporarily exceed 3 and draw more than the amount appropriated in this section and 4 incur a negative cash balance as long as there are receivables 5 of federal funds equal to or greater than the negative balance 6 and the amount appropriated in this section is not exceeded at 7 the close of the fiscal year. 8 Sec. 14. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 9 MANAGEMENT. 10 1. There is appropriated from the general fund of the state 11 to the department of homeland security and emergency management 12 for the fiscal year beginning July 1, 2022, and ending June 13 30, 2023, the following amounts, or so much thereof as is 14 necessary, to be used for the purposes designated: 15 For salaries, support, maintenance, and miscellaneous 16 purposes: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,287,756 18 2. The department of homeland security and emergency 19 management may temporarily exceed and draw more than the amount 20 appropriated in this section and incur a negative cash balance 21 as long as there are receivables of federal funds equal to or 22 greater than the negative balance and the amount appropriated 23 in this section is not exceeded at the close of the fiscal 24 year. 25 Sec. 15. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 26 from the general fund of the state to the department of public 27 safety for the fiscal year beginning July 1, 2022, and ending 28 June 30, 2023, the following amounts, or so much thereof as is 29 necessary, to be used for the purposes designated: 30 1. For administrative functions, including salaries and 31 the adjustment of salaries throughout the department, and the 32 criminal justice information system: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,302,854 34 2. For the division of criminal investigation, including 35 -13- LSB 5014XG (7) 89 as/tm 13/ 20
S.F. _____ H.F. _____ the state’s contribution to the peace officers’ retirement, 1 accident, and disability system provided in chapter 97A in the 2 amount of the state’s normal contribution rate, as defined in 3 section 97A.8, multiplied by the salaries for which the moneys 4 are appropriated, to meet federal fund matching requirements: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,311,592 6 3. For the criminalistics laboratory fund created in 7 section 691.9: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 650,000 9 Notwithstanding section 8.33, moneys appropriated in this 10 subsection that remain unencumbered or unobligated at the close 11 of the fiscal year shall not revert but shall remain available 12 for expenditure for the purposes designated until the close of 13 the succeeding fiscal year. 14 4. a. For the division of narcotics enforcement, including 15 the state’s contribution to the peace officers’ retirement, 16 accident, and disability system provided in chapter 97A in the 17 amount of the state’s normal contribution rate, as defined in 18 section 97A.8, multiplied by the salaries for which the moneys 19 are appropriated, to meet federal fund matching requirements: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,479,256 21 b. For the division of narcotics enforcement for undercover 22 purchases: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 209,042 24 5. For the division of state fire marshal, for fire 25 protection services as provided through the state fire service 26 and emergency response council as created in the department, 27 and for the state’s contribution to the peace officers’ 28 retirement, accident, and disability system provided in chapter 29 97A in the amount of the state’s normal contribution rate, as 30 defined in section 97A.8, multiplied by the salaries for which 31 the moneys are appropriated: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,420,082 33 6. For the division of state patrol, for salaries, support, 34 maintenance, workers’ compensation costs, and miscellaneous 35 -14- LSB 5014XG (7) 89 as/tm 14/ 20
S.F. _____ H.F. _____ purposes, including the state’s contribution to the peace 1 officers’ retirement, accident, and disability system provided 2 in chapter 97A in the amount of the state’s normal contribution 3 rate, as defined in section 97A.8, multiplied by the salaries 4 for which the moneys are appropriated: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 69,033,063 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 in 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 825,520 18 Notwithstanding section 8.33, moneys appropriated in this 19 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 9. For the public safety interoperable and broadband 24 communications fund established in section 80.44: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 115,661 26 10. For the office to combat human trafficking established 27 pursuant to section 80.45, including salaries, support, 28 maintenance, and miscellaneous purposes: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 197,325 30 11. For costs associated with the training and equipment 31 needs of volunteer fire fighters: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 33 12. For deposit in the public safety equipment fund 34 established in section 80.48 for the purchase, maintenance, and 35 -15- LSB 5014XG (7) 89 as/tm 15/ 20
S.F. _____ H.F. _____ replacement of equipment used by the department: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,500,000 2 Notwithstanding section 8.39, the department of public 3 safety may reallocate moneys appropriated in this section 4 as necessary to best fulfill the needs provided for in the 5 appropriation. However, the department shall not reallocate 6 moneys appropriated to the department in this section unless 7 notice of the reallocation is given to the legislative services 8 agency and the department of management prior to the effective 9 date of the reallocation. The notice shall include information 10 regarding the rationale for reallocating the moneys. The 11 department shall not reallocate moneys appropriated in this 12 section for the purpose of eliminating any program. 13 13. For department-wide duties, including operations, 14 costs, and miscellaneous purposes: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,400,000 16 Sec. 16. GAMING ENFORCEMENT. 17 1. There is appropriated from the gaming enforcement 18 revolving fund created in section 80.43 to the department of 19 public safety for the fiscal year beginning July 1, 2022, and 20 ending June 30, 2023, the following amount, or so much thereof 21 as is necessary, to be used for the purposes designated: 22 For any direct support costs for agents and officers of 23 the division of criminal investigation’s excursion gambling 24 boat, gambling structure, and racetrack enclosure enforcement 25 activities, including salaries, support, maintenance, and 26 miscellaneous purposes: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,556,268 28 2. For each additional license to conduct gambling games on 29 an excursion gambling boat, gambling structure, or racetrack 30 enclosure issued during the fiscal year beginning July 1, 2022, 31 there is appropriated from the gaming enforcement fund to the 32 department of public safety for the fiscal year beginning July 33 1, 2022, and ending June 30, 2023, an additional amount of 34 not more than $300,000 to be used for full-time equivalent 35 -16- LSB 5014XG (7) 89 as/tm 16/ 20
S.F. _____ H.F. _____ positions. 1 3. The department of public safety, with the approval of the 2 department of management, may employ no more than three special 3 agents for each additional riverboat or gambling structure 4 regulated after July 1, 2023, and three special agents for each 5 racing facility which becomes operational during the fiscal 6 year which begins July 1, 2023. 7 Sec. 17. CIVIL RIGHTS COMMISSION. 8 1. There is appropriated from the general fund of the state 9 to the Iowa state civil rights commission for the fiscal year 10 beginning July 1, 2022, and ending June 30, 2023, the following 11 amount, or so much thereof as is necessary, to be used for the 12 purposes designated: 13 For salaries, support, maintenance, and miscellaneous 14 purposes: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,318,718 16 2. The Iowa state civil rights commission may enter into 17 a contract with a nonprofit organization to provide legal 18 assistance to resolve civil rights complaints. 19 Sec. 18. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION. 20 1. There is appropriated from the general fund of the state 21 to the criminal and juvenile justice planning division of the 22 department of human rights for the fiscal year beginning July 23 1, 2022, and ending June 30, 2023, the following amount or 24 so much thereof as is necessary, to be used for the purposes 25 designated: 26 a. For salaries, support, maintenance, and miscellaneous 27 purposes: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,288,368 29 b. (1) For a single grant to a program located in a city 30 with a higher than average juvenile crime rate as determined 31 by the criminal and juvenile justice planning division and 32 a population greater than 80,000 as determined by the 2010 33 federal decennial census, which may be used for studying, 34 planning, programming, and capital, that is committed to 35 -17- LSB 5014XG (7) 89 as/tm 17/ 20
S.F. _____ H.F. _____ deterring juvenile delinquency through early intervention in 1 the criminal justice system by providing a comprehensive, 2 multifaceted delivery of social services and which shall meet 3 the guiding principles and standards for assessment centers set 4 forth by the national assessment center association: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 140,000 6 (2) The program shall use no more than 5 percent of the 7 grant for administrative costs. 8 (3) A city shall not receive a grant under this paragraph, 9 or a similar grant from the state of Iowa, for more than 10 two consecutive fiscal years unless no other city meets the 11 requirements specified in subparagraph (1). 12 2. The justice advisory board and the juvenile justice 13 advisory council shall coordinate their efforts in carrying out 14 their respective duties relative to juvenile justice. 15 Sec. 19. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 16 MANAGEMENT. There is appropriated from the 911 emergency 17 communications fund created in section 34A.7A to the department 18 of homeland security and emergency management for the fiscal 19 year beginning July 1, 2022, and ending June 30, 2023, the 20 following amount, or so much thereof as is necessary, to be 21 used for the purposes designated: 22 For implementation, support, and maintenance of the 23 functions of the administrator and program manager under 24 chapter 34A and to employ the auditor of the state to perform 25 an annual audit of the 911 emergency communications fund: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300,000 27 Sec. 20. CONSUMER EDUCATION AND LITIGATION —— FARM 28 MEDIATION AND PROSECUTIONS, APPEALS, AND CLAIMS. 29 Notwithstanding section 714.16C , there is appropriated from the 30 consumer education and litigation fund to the department of 31 justice for the fiscal year beginning July 1, 2022, and ending 32 June 30, 2023, the following amounts, or so much thereof as is 33 necessary, to be used for the purposes designated: 34 1. For farm mediation services as specified in section 35 -18- LSB 5014XG (7) 89 as/tm 18/ 20
S.F. _____ H.F. _____ 13.13, subsection 2 : 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300,000 2 2. For salaries, support, maintenance, and miscellaneous 3 purposes for criminal prosecutions, criminal appeals, and 4 performing duties pursuant to chapter 669 : 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 6 DIVISION II 7 DEPARTMENT OF PUBLIC SAFETY 8 Sec. 21. Section 80.48, subsection 1, Code 2022, is amended 9 to read as follows: 10 1. A public safety equipment fund is created in the state 11 treasury under the control of the department. The fund shall 12 consist of moneys appropriated to or deposited in the fund. 13 Moneys in the fund are appropriated to the department for 14 the purchase, maintenance, and replacement of equipment used 15 by the department , including any installation and licensing 16 costs . The department is authorized to designate moneys in the 17 fund for the future purchase, maintenance, and replacement of 18 equipment used by the department , including any installation 19 and licensing costs . 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill relates to and makes appropriations to the justice 24 system. The bill is organized by divisions. 25 FY 2022-2023 APPROPRIATIONS. The bill makes appropriations 26 from the general fund of the state for FY 2022-2023 to the 27 departments of justice, corrections, public defense, public 28 safety, and homeland security and emergency management, and 29 the Iowa law enforcement academy, office of the state public 30 defender, board of parole, Iowa state civil rights commission, 31 and the criminal and juvenile justice planning division of the 32 department of human rights. 33 The bill appropriates moneys from the department of commerce 34 revolving fund for FY 2022-2023 to the office of consumer 35 -19- LSB 5014XG (7) 89 as/tm 19/ 20
S.F. _____ H.F. _____ advocate of the department of justice. 1 The bill appropriates moneys from the gaming enforcement 2 revolving fund for FY 2022-2023 to the department of public 3 safety. 4 The bill appropriates moneys from the 911 emergency 5 communications fund for FY 2022-2023 to the department of 6 homeland security and emergency management. 7 The bill appropriates moneys from the consumer education and 8 litigation fund for FY 2022-2023 to the department of justice 9 for farm mediation services and salaries, support, maintenance, 10 and miscellaneous purposes for criminal prosecutions, criminal 11 appeals, and performing certain duties. 12 DEPARTMENT OF PUBLIC SAFETY. The bill provides that moneys 13 appropriated or deposited in the public safety equipment 14 fund may be used by the department of public safety for the 15 present and future purchase, maintenance, and replacement of 16 equipment used by the department, including any installation 17 and licensing costs. 18 -20- LSB 5014XG (7) 89 as/tm 20/ 20
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