Bill Text: IA SSB3186 | 2015-2016 | 86th General Assembly | Introduced


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

Spectrum: Unknown

Status: (Introduced - Dead) 2016-04-18 - Voted - Appropriations. [SSB3186 Detail]

Download: Iowa-2015-SSB3186-Introduced.html
Senate Study Bill 3186 - Introduced SENATE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY SENATE APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM) 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 5015SB (2) 86 jm/rn
S.F. _____ Section 1. 2015 Iowa Acts, chapter 135, section 23, is 1 amended to read as follows: 2 SEC. 23. DEPARTMENT OF JUSTICE. 3 1. There is appropriated from the general fund of the state 4 to the department of justice for the fiscal year beginning July 5 1, 2016, and ending June 30, 2017, the following amounts, or 6 so much thereof as is necessary, to be used for the purposes 7 designated: 8 a. For the general office of attorney general for salaries, 9 support, maintenance, and miscellaneous purposes, including 10 the prosecuting attorneys training program, matching funds 11 for federal violence against women grant programs, victim 12 assistance grants, office of drug control policy prosecuting 13 attorney program, and odometer fraud enforcement, and for not 14 more than the following full-time equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,994,953 16 7,989,905 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 214.00 18 215.00 19 As a condition of receiving the appropriation provided 20 in this lettered paragraph, the department of justice shall 21 maintain a record of the estimated time incurred representing 22 each agency or department. 23 b. For victim assistance grants: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,367,200 25 6,734,400 26 The moneys appropriated in this lettered paragraph shall be 27 used to provide grants to care providers providing services to 28 crime victims of domestic abuse or to crime victims of rape and 29 sexual assault. 30 The balance of the victim compensation fund established 31 in section 915.94 may be used to provide salary and support 32 of not more than 24 29.00 FTEs and to provide maintenance 33 for the victim compensation functions of the department of 34 justice. Of the FTEs authorized pursuant to this paragraph, 35 -1- LSB 5015SB (2) 86 jm/rn 1/ 25
S.F. _____ 5.00 FTEs shall be used by the department of justice to employ 1 one accountant and four program planners. The department of 2 justice may employ the additional five FTEs authorized pursuant 3 to this lettered paragraph that are in excess of the number 4 of FTEs authorized for the previous fiscal year only if the 5 department of justice receives sufficient federal moneys to 6 maintain employment for the additional FTEs during the current 7 fiscal year. The department of justice shall only employ the 8 additional five FTEs in succeeding fiscal years if sufficient 9 federal moneys are received during each of those succeeding 10 fiscal years. 11 The department of justice shall transfer at least $150,000 12 from the victim compensation fund established in section 915.94 13 to the victim assistance grant program. 14 Notwithstanding section 8.33 , moneys appropriated in this 15 paragraph “b” that remain unencumbered or unobligated at the 16 close of the fiscal year shall not revert but shall remain 17 available for expenditure for the purposes designated until the 18 close of the succeeding fiscal year. 19 c. For legal services for persons in poverty grants as 20 provided in section 13.34 : 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,200,000 22 2,400,000 23 2. a. The department of justice, in submitting budget 24 estimates for the fiscal year commencing July 1, 2017, pursuant 25 to section 8.23 , shall include a report of funding from sources 26 other than amounts appropriated directly from the general fund 27 of the state to the department of justice or to the office of 28 consumer advocate. These funding sources shall include but 29 are not limited to reimbursements from other state agencies, 30 commissions, boards, or similar entities, and reimbursements 31 from special funds or internal accounts within the department 32 of justice. The department of justice shall also report actual 33 reimbursements for the fiscal year commencing July 1, 2015, 34 and actual and expected reimbursements for the fiscal year 35 -2- LSB 5015SB (2) 86 jm/rn 2/ 25
S.F. _____ commencing July 1, 2016. 1 b. The department of justice shall include the report 2 required under paragraph “a”, as well as information regarding 3 any revisions occurring as a result of reimbursements actually 4 received or expected at a later date, in a report to the 5 co-chairpersons and ranking members of the joint appropriations 6 subcommittee on the justice system and the legislative services 7 agency. The department of justice shall submit the report on 8 or before January 15, 2017. 9 3. a. The department of justice shall reimburse the 10 costs and necessary related expenses incurred by the Iowa 11 law enforcement academy to employ one additional instructor 12 position who shall provide training for domestic abuse and 13 human trafficking-related issues throughout the state. 14 b. The department of justice shall obtain the moneys 15 necessary to reimburse the Iowa law enforcement academy to 16 employ such an instructor from unrestricted moneys from either 17 the victim compensation fund established in section 915.94, the 18 human trafficking victim fund established in section 915.95, or 19 the human trafficking enforcement fund established in 2015 Iowa 20 Acts, ch. 138, §141. 21 Sec. 2. 2015 Iowa Acts, chapter 135, section 24, is amended 22 to read as follows: 23 SEC. 24. OFFICE OF CONSUMER ADVOCATE. There is appropriated 24 from the department of commerce revolving fund created in 25 section 546.12 to the office of consumer advocate of the 26 department of justice for the fiscal year beginning July 1, 27 2016, and ending June 30, 2017, the following amount, or so 28 much thereof as is necessary, to be used for the purposes 29 designated: 30 For salaries, support, maintenance, and miscellaneous 31 purposes, and for not more than the following full-time 32 equivalent positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,568,794 34 3,137,588 35 -3- LSB 5015SB (2) 86 jm/rn 3/ 25
S.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 22.00 1 Sec. 3. 2015 Iowa Acts, chapter 135, section 25, is amended 2 to read as follows: 3 SEC. 25. DEPARTMENT OF CORRECTIONS —— FACILITIES. 4 1. There is appropriated from the general fund of the state 5 to the department of corrections for the fiscal year beginning 6 July 1, 2016, and ending June 30, 2017, the following amounts, 7 or so much thereof as is necessary, to be used for the purposes 8 designated: 9 a. For the operation of the Fort Madison correctional 10 facility, including salaries, support, maintenance, and 11 miscellaneous purposes: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21,885,801 13 43,771,602 14 b. For the operation of the Anamosa correctional facility, 15 including salaries, support, maintenance, and miscellaneous 16 purposes: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,834,127 18 33,668,253 19 It is the intent of the general assembly that the department 20 of corrections maintain and operate the Luster Heights prison 21 camp. 22 c. For the operation of the Oakdale correctional facility, 23 including salaries, support, maintenance, and miscellaneous 24 purposes: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,079,046 26 60,158,092 27 d. For the operation of the Newton correctional facility, 28 including salaries, support, maintenance, and miscellaneous 29 purposes: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,786,054 31 27,974,048 32 e. For the operation of the Mount Pleasant correctional 33 facility, including salaries, support, maintenance, and 34 miscellaneous purposes: 35 -4- LSB 5015SB (2) 86 jm/rn 4/ 25
S.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,680,067 1 24,958,195 2 f. For the operation of the Rockwell City correctional 3 facility, including salaries, support, maintenance, and 4 miscellaneous purposes: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,918,177 6 9,836,353 7 g. For the operation of the Clarinda correctional facility, 8 including salaries, support, maintenance, and miscellaneous 9 purposes: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,966,715 11 25,933,430 12 Moneys received by the department of corrections as 13 reimbursement for services provided to the Clarinda youth 14 corporation are appropriated to the department and shall be 15 used for the purpose of operating the Clarinda correctional 16 facility. 17 h. For the operation of the Mitchellville correctional 18 facility, including salaries, support, maintenance, and 19 miscellaneous purposes: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,322,985 21 22,645,970 22 i. For the operation of the Fort Dodge correctional 23 facility, including salaries, support, maintenance, and 24 miscellaneous purposes: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,048,824 26 30,097,648 27 j. For reimbursement of counties for temporary confinement 28 of work release and parole violators, as provided in sections 29 901.7 , 904.908 , and 906.17 , and for offenders confined pursuant 30 to section 904.513 : 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 537,546 32 1,075,092 33 k. For federal prison reimbursement, reimbursements for 34 out-of-state placements, and miscellaneous contracts: 35 -5- LSB 5015SB (2) 86 jm/rn 5/ 25
S.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 242,205 1 484,411 2 2. The department of corrections shall use moneys 3 appropriated in subsection 1 to continue to contract for the 4 services of a Muslim imam and a Native American spiritual 5 leader. 6 Sec. 4. 2015 Iowa Acts, chapter 135, section 26, is amended 7 to read as follows: 8 SEC. 26. DEPARTMENT OF CORRECTIONS —— ADMINISTRATION. 9 There is appropriated from the general fund of the state to the 10 department of corrections for the fiscal year beginning July 11 1, 2016, and ending June 30, 2017, the following amounts, or 12 so much thereof as is necessary, to be used for the purposes 13 designated: 14 1. For general administration, including salaries, support, 15 maintenance, employment of an education director to administer 16 a centralized education program for the correctional system, 17 and miscellaneous purposes: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,635,005 19 5,270,010 20 a. It is the intent of the general assembly that each 21 lease negotiated by the department of corrections with a 22 private corporation for the purpose of providing private 23 industry employment of inmates in a correctional institution 24 shall prohibit the private corporation from utilizing inmate 25 labor for partisan political purposes for any person seeking 26 election to public office in this state and that a violation 27 of this requirement shall result in a termination of the lease 28 agreement. 29 b. It is the intent of the general assembly that as a 30 condition of receiving the appropriation provided in this 31 subsection the department of corrections shall not enter into 32 a lease or contractual agreement pursuant to section 904.809 33 with a private corporation for the use of building space for 34 the purpose of providing inmate employment without providing 35 -6- LSB 5015SB (2) 86 jm/rn 6/ 25
S.F. _____ that the terms of the lease or contract establish safeguards to 1 restrict, to the greatest extent feasible, access by inmates 2 working for the private corporation to personal identifying 3 information of citizens. 4 2. For educational programs for inmates at state penal 5 institutions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,304,055 7 2,608,109 8 a. To maximize the funding for educational programs, 9 the department shall establish guidelines and procedures to 10 prioritize the availability of educational and vocational 11 training for inmates based upon the goal of facilitating an 12 inmate’s successful release from the correctional institution. 13 b. The director of the department of corrections may 14 transfer moneys from Iowa prison industries and the canteen 15 operating funds established pursuant to section 904.310 , for 16 use in educational programs for inmates. 17 c. Notwithstanding section 8.33 , moneys appropriated in 18 this subsection that remain unobligated or unexpended at the 19 close of the fiscal year shall not revert but shall remain 20 available to be used only for the purposes designated in this 21 subsection until the close of the succeeding fiscal year. 22 3. For the development of the Iowa corrections offender 23 network (ICON) data system: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 25 2,000,000 26 4. For offender mental health and substance abuse 27 treatment: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,159 29 22,319 30 4A. For department-wide duties, including operations, 31 costs, and miscellaneous purposes: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,407,808 33 5. It is the intent of the general assembly that for 34 the fiscal year addressed by this section the department of 35 -7- LSB 5015SB (2) 86 jm/rn 7/ 25
S.F. _____ corrections shall continue to operate the correctional farms 1 under the control of the department at the same or greater 2 level of participation and involvement as existed as of January 3 1, 2011; shall not enter into any rental agreement or contract 4 concerning any farmland under the control of the department 5 that is not subject to a rental agreement or contract as of 6 January 1, 2011, without prior legislative approval; and 7 shall further attempt to provide job opportunities at the 8 farms for inmates. The department shall attempt to provide 9 job opportunities at the farms for inmates by encouraging 10 labor-intensive farming or gardening where appropriate; using 11 inmates to grow produce and meat for institutional consumption; 12 researching the possibility of instituting food canning 13 and cook-and-chill operations; and exploring opportunities 14 for organic farming and gardening, livestock ventures, 15 horticulture, and specialized crops. 16 Sec. 5. 2015 Iowa Acts, chapter 135, section 27, is amended 17 to read as follows: 18 SEC. 27. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 19 SERVICES. 20 1. There is appropriated from the general fund of the state 21 to the department of corrections for the fiscal year beginning 22 July 1, 2016, and ending June 30, 2017, for salaries, support, 23 maintenance, and miscellaneous purposes, the following amounts, 24 or so much thereof as is necessary, to be used for the purposes 25 designated: 26 a. For the first judicial district department of 27 correctional services: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,393,988 29 14,787,977 30 b. For the second judicial district department of 31 correctional services: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,750,331 33 11,500,661 34 c. For the third judicial district department of 35 -8- LSB 5015SB (2) 86 jm/rn 8/ 25
S.F. _____ correctional services: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,620,628 2 7,241,257 3 d. For the fourth judicial district department of 4 correctional services: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,819,003 6 5,638,005 7 e. For the fifth judicial district department of 8 correctional services, including funding for electronic 9 monitoring devices for use on a statewide basis: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,539,196 11 21,078,393 12 f. For the sixth judicial district department of 13 correctional services: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,431,812 15 14,863,623 16 g. For the seventh judicial district department of 17 correctional services: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,928,436 19 7,856,873 20 h. For the eighth judicial district department of 21 correctional services: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,083,597 23 8,167,194 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 -9- LSB 5015SB (2) 86 jm/rn 9/ 25
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. 2015 Iowa Acts, chapter 135, section 32, is amended 12 to read as follows: 13 SEC. 32. IOWA LAW ENFORCEMENT ACADEMY. 14 1. There is appropriated from the general fund of the 15 state to the Iowa law enforcement academy for the fiscal year 16 beginning July 1, 2016, and ending June 30, 2017, the following 17 amount, or so much thereof as is necessary, to be used for the 18 purposes designated: 19 For salaries, support, maintenance, and miscellaneous 20 purposes, including jailer training and technical assistance, 21 and for not more than the following full-time equivalent 22 positions: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 501,607 24 1,003,214 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 24.00 26 25.00 27 It is the intent of the general assembly that the Iowa law 28 enforcement academy may provide training of state and local 29 law enforcement personnel concerning the recognition of and 30 response to persons with Alzheimer’s disease. 31 The Iowa law enforcement academy may temporarily exceed and 32 draw more than the amount appropriated in this subsection and 33 incur a negative cash balance as long as there are receivables 34 equal to or greater than the negative balance and the amount 35 -10- LSB 5015SB (2) 86 jm/rn 10/ 25
S.F. _____ appropriated in this subsection is not exceeded at the close 1 of the fiscal year. 2 2. The Iowa law enforcement academy may select at least 3 five automobiles of the department of public safety, division 4 of state patrol, prior to turning over the automobiles to 5 the department of administrative services to be disposed 6 of by public auction, and the Iowa law enforcement academy 7 may exchange any automobile owned by the academy for each 8 automobile selected if the selected automobile is used in 9 training law enforcement officers at the academy. However, any 10 automobile exchanged by the academy shall be substituted for 11 the selected vehicle of the department of public safety and 12 sold by public auction with the receipts being deposited in the 13 depreciation fund to the credit of the department of public 14 safety, division of state patrol. 15 3. The Iowa law enforcement academy shall provide training 16 for domestic abuse and human trafficking-related issues 17 throughout the state. The training shall be offered at no 18 cost to the attendees and the training shall not replace any 19 existing domestic abuse or human trafficking training offered 20 by the academy. 21 Sec. 7. 2015 Iowa Acts, chapter 135, section 33, is amended 22 to read as follows: 23 SEC. 33. STATE PUBLIC DEFENDER. There is appropriated from 24 the general fund of the state to the office of the state public 25 defender of the department of inspections and appeals for the 26 fiscal year beginning July 1, 2016, and ending June 30, 2017, 27 the following amounts, or so much thereof as is necessary, to 28 be used for the purposes designated: 29 1. For salaries, support, maintenance, and miscellaneous 30 purposes, and for not more than the following full-time 31 equivalent positions: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,016,121 33 26,182,243 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 223.00 35 -11- LSB 5015SB (2) 86 jm/rn 11/ 25
S.F. _____ 2. For payments on behalf of eligible adults and juveniles 1 from the indigent defense fund, in accordance with section 2 815.11 : 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,875,965 4 29,601,929 5 Sec. 8. 2015 Iowa Acts, chapter 135, section 34, is amended 6 to read as follows: 7 SEC. 34. BOARD OF PAROLE. There is appropriated from the 8 general fund of the state to the board of parole for the fiscal 9 year beginning July 1, 2016, and ending June 30, 2017, the 10 following amount, or so much thereof as is necessary, to be 11 used for the purposes designated: 12 For salaries, support, maintenance, and miscellaneous 13 purposes, and for not more than the following full-time 14 equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 602,291 16 1,204,583 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.75 18 Sec. 9. 2015 Iowa Acts, chapter 135, section 35, is amended 19 to read as follows: 20 SEC. 35. DEPARTMENT OF PUBLIC DEFENSE. 21 1. There is appropriated from the general fund of the 22 state to the department of public defense, for the fiscal year 23 beginning July 1, 2016, and ending June 30, 2017, the following 24 amounts, or so much thereof as is necessary, to be used for the 25 purposes designated: 26 For salaries, support, maintenance, and miscellaneous 27 purposes, and for not more than the following full-time 28 equivalent positions: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,277,239 30 6,554,478 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 277.50 32 2. The department of public defense may temporarily exceed 33 and draw more than the amount appropriated in this section and 34 incur a negative cash balance as long as there are receivables 35 -12- LSB 5015SB (2) 86 jm/rn 12/ 25
S.F. _____ of federal funds equal to or greater than the negative balance 1 and the amount appropriated in this section is not exceeded at 2 the close of the fiscal year. 3 Sec. 10. 2015 Iowa Acts, chapter 135, section 36, is amended 4 to read as follows: 5 SEC. 36. THE DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 6 MANAGEMENT. 7 1. There is appropriated from the general fund of the state 8 to the department of homeland security and emergency management 9 for the fiscal year beginning July 1, 2016, and ending June 10 30, 2017, the following amounts, or so much thereof as is 11 necessary, to be used for the purposes designated: 12 For salaries, support, maintenance, and miscellaneous 13 purposes, and for not more than the following full-time 14 equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,114,812 16 2,229,623 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 35.95 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 3. It is the intent of the general assembly that the 26 department of homeland security and emergency management work 27 in conjunction with the department of public safety, to the 28 extent possible, when gathering and analyzing information 29 related to potential domestic or foreign security threats, and 30 when monitoring such threats. 31 Sec. 11. 2015 Iowa Acts, chapter 135, section 37, is amended 32 to read as follows: 33 SEC. 37. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 34 from the general fund of the state to the department of public 35 -13- LSB 5015SB (2) 86 jm/rn 13/ 25
S.F. _____ safety for the fiscal year beginning July 1, 2016, and ending 1 June 30, 2017, the following amounts, or so much thereof as is 2 necessary, to be used for the purposes designated: 3 1. For the department’s administrative functions, including 4 the criminal justice information system, and for not more than 5 the following full-time equivalent positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,113,065 7 4,226,131 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 38.00 9 2. For the division of criminal investigation, including 10 the state’s contribution to the peace officers’ retirement, 11 accident, and disability system provided in chapter 97A in the 12 amount of the state’s normal contribution rate, as defined in 13 section 97A.8 , multiplied by the salaries for which the moneys 14 are appropriated, to meet federal fund matching requirements, 15 and for not more than the following full-time equivalent 16 positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,898,272 18 13,796,544 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 159.00 20 162.00 21 The division of criminal investigation may employ two of 22 the three additional FTEs authorized pursuant to this lettered 23 paragraph that are in excess of the number of FTEs authorized 24 for the previous fiscal year only if the division of criminal 25 investigation receives sufficient federal moneys to maintain 26 employment for the additional two FTEs during the current 27 fiscal year. The division of criminal investigation shall only 28 employ the additional two FTEs in succeeding fiscal years if 29 sufficient federal moneys are received during each of those 30 succeeding fiscal years. 31 3. For the criminalistics laboratory fund created in 32 section 691.9 : 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 151,173 34 302,345 35 -14- LSB 5015SB (2) 86 jm/rn 14/ 25
S.F. _____ 4. a. For the division of narcotics enforcement, including 1 the state’s contribution to the peace officers’ retirement, 2 accident, and disability system provided in chapter 97A in the 3 amount of the state’s normal contribution rate, as defined in 4 section 97A.8 , multiplied by the salaries for which the moneys 5 are appropriated, to meet federal fund matching requirements, 6 and for not more than the following full-time equivalent 7 positions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,695,519 9 7,391,039 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 65.50 11 66.50 12 The division of narcotics enforcement may employ the 13 additional one FTE authorized pursuant to this lettered 14 paragraph that is in excess of the number of FTEs authorized 15 for the previous fiscal year only if the division of narcotics 16 enforcement receives sufficient federal moneys to maintain 17 employment for the additional FTE during the current fiscal 18 year. The division of narcotics enforcement shall only employ 19 the additional one FTE in succeeding fiscal years if sufficient 20 federal moneys are received during each of those succeeding 21 fiscal years. 22 b. For the division of narcotics enforcement for undercover 23 purchases: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 54,521 25 109,042 26 5. For the division of state fire marshal, for fire 27 protection services as provided through the state fire service 28 and emergency response council as created in the department, 29 and for the state’s contribution to the peace officers’ 30 retirement, accident, and disability system provided in chapter 31 97A in the amount of the state’s normal contribution rate, 32 as defined in section 97A.8 , multiplied by the salaries for 33 which the moneys are appropriated, and for not more than the 34 following full-time equivalent positions: 35 -15- LSB 5015SB (2) 86 jm/rn 15/ 25
S.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,325,505 1 4,651,010 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 53.00 3 6. For the division of state patrol, for salaries, support, 4 maintenance, workers’ compensation costs, and miscellaneous 5 purposes, including the state’s contribution to the peace 6 officers’ retirement, accident, and disability system provided 7 in chapter 97A in the amount of the state’s normal contribution 8 rate, as defined in section 97A.8 , multiplied by the salaries 9 for which the moneys are appropriated, and for not more than 10 the following full-time equivalent positions: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,750,788 12 61,501,575 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 512.00 14 It is the intent of the general assembly that the division of 15 state patrol implement the endangered persons advisory alert 16 system. 17 It is the intent of the general assembly that members of the 18 state patrol be assigned to patrol the highways and roads in 19 lieu of assignments for inspecting school buses for the school 20 districts. 21 7. For deposit in the sick leave benefits fund established 22 under section 80.42 for all departmental employees eligible to 23 receive benefits for accrued sick leave under the collective 24 bargaining agreement: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 139,759 26 279,517 27 8. For costs associated with the training and equipment 28 needs of volunteer fire fighters: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 412,760 30 825,520 31 a. Notwithstanding section 8.33 , moneys appropriated in 32 this subsection that remain unencumbered or unobligated at the 33 close of the fiscal year shall not revert but shall remain 34 available for expenditure only for the purpose designated in 35 -16- LSB 5015SB (2) 86 jm/rn 16/ 25
S.F. _____ this subsection until the close of the succeeding fiscal year. 1 b. Notwithstanding section 8.39 , the department of public 2 safety may reallocate moneys appropriated in this section 3 as necessary to best fulfill the needs provided for in the 4 appropriation. However, the department shall not reallocate 5 moneys appropriated to the department in this section unless 6 notice of the reallocation is given to the legislative services 7 agency and the department of management prior to the effective 8 date of the reallocation. The notice shall include information 9 regarding the rationale for reallocating the moneys. The 10 department shall not reallocate moneys appropriated in this 11 section for the purpose of eliminating any program. 12 9. For the public safety interoperable and broadband 13 communications fund established in section 80.44 : 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 77,330 15 154,661 16 10. For department-wide duties, including operations, 17 costs, and miscellaneous purposes: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,834,973 19 Sec. 12. 2015 Iowa Acts, chapter 135, section 38, is amended 20 to read as follows: 21 SEC. 38. GAMING ENFORCEMENT. 22 1. There is appropriated from the gaming enforcement 23 revolving fund created in section 80.43 to the department of 24 public safety for the fiscal year beginning July 1, 2016, and 25 ending June 30, 2017, the following amount, or so much thereof 26 as is necessary, to be used for the purposes designated: 27 For any direct support costs for agents and officers of 28 the division of criminal investigation’s excursion gambling 29 boat, gambling structure, and racetrack enclosure enforcement 30 activities, including salaries, support, maintenance, and 31 miscellaneous purposes, and for not more than the following 32 full-time equivalent positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,449,004 34 9,528,227 35 -17- LSB 5015SB (2) 86 jm/rn 17/ 25
S.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 102.00 1 72.00 2 2. For each additional license to conduct gambling games on 3 an excursion gambling boat, gambling structure, or racetrack 4 enclosure issued during the fiscal year beginning July 1, 2016, 5 there is appropriated from the gaming enforcement fund to the 6 department of public safety for the fiscal year beginning July 7 1, 2016, and ending June 30, 2017, an additional amount of not 8 more than $300,000 to be used for not more than 3 additional 9 full-time equivalent positions. 10 3. The department of public safety, with the approval of the 11 department of management, may employ no more than three special 12 agents for each additional riverboat or gambling structure 13 regulated after July 1, 2016, and three special agents for 14 each racing facility which becomes operational during the 15 fiscal year which begins July 1, 2016. Positions authorized 16 in this subsection are in addition to the full-time equivalent 17 positions otherwise authorized in this section. 18 Sec. 13. 2015 Iowa Acts, chapter 135, section 39, is amended 19 to read as follows: 20 SEC. 39. CIVIL RIGHTS COMMISSION. 21 1. There is appropriated from the general fund of the state 22 to the Iowa state civil rights commission for the fiscal year 23 beginning July 1, 2016, and ending June 30, 2017, the following 24 amount, or so much thereof as is necessary, to be used for the 25 purposes designated: 26 For salaries, support, maintenance, and miscellaneous 27 purposes, and for not more than the following full-time 28 equivalent positions: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 584,770 30 1,169,540 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 28.00 32 2. The Iowa state civil rights commission may enter into 33 a contract with a nonprofit organization to provide legal 34 assistance to resolve civil rights complaints. 35 -18- LSB 5015SB (2) 86 jm/rn 18/ 25
S.F. _____ Sec. 14. 2015 Iowa Acts, chapter 135, section 40, is amended 1 to read as follows: 2 SEC. 40. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION. 3 1. There is appropriated from the general fund of the state 4 to the criminal and juvenile justice planning division of the 5 department of human rights for the fiscal year beginning July 6 1, 2016, and ending June 30, 2017, the following amounts, or 7 so much thereof as is necessary, to be used for the purposes 8 designated: 9 For salaries, support, maintenance, and miscellaneous 10 purposes, and for not more than the following full-time 11 equivalent positions: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 630,053 13 1,260,105 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 12.15 15 2. The criminal and juvenile justice planning advisory 16 council and the juvenile justice advisory council shall 17 coordinate their efforts in carrying out their respective 18 duties relative to juvenile justice. 19 Sec. 15. Section 915.94, Code 2016, is amended to read as 20 follows: 21 915.94 Victim compensation fund. 22 A victim compensation fund is established as a separate 23 fund in the state treasury. Moneys deposited in the fund 24 shall be administered by the department and dedicated to and 25 used for the purposes of section 915.41 and this subchapter . 26 In addition, the department may use moneys from the fund 27 for the purpose of the department’s prosecutor-based victim 28 service coordination, including the duties defined in sections 29 910.3 and 910.6 and this chapter , and for the award of funds 30 to programs that provide services and support to victims of 31 domestic abuse or sexual assault as provided in chapter 236 , 32 to victims under section 710A.2 , for reimbursement to the 33 Iowa law enforcement academy for domestic abuse and human 34 trafficking training, and for the support of an automated 35 -19- LSB 5015SB (2) 86 jm/rn 19/ 25
S.F. _____ victim notification system established in section 915.10A . 1 For each fiscal year, the department may also use up to three 2 hundred thousand dollars from the fund to provide training 3 for victim service providers, to provide training for related 4 professionals concerning victim service programming, and 5 to provide training concerning homicide, domestic assault, 6 sexual assault, stalking, harassment, and human trafficking as 7 required by section 710A.6 . Notwithstanding section 8.33 , any 8 balance in the fund on June 30 of any fiscal year shall not 9 revert to the general fund of the state. 10 Sec. 16. Section 915.95, Code 2016, is amended to read as 11 follows: 12 915.95 Human trafficking victim fund. 13 A fund is created as a separate fund in the state treasury. 14 Moneys deposited in the fund shall be administered by the 15 department and dedicated to and used for awarding moneys to 16 programs that provide services and support to victims of human 17 trafficking under section 710A.2 , including public outreach and 18 awareness programs and service provider training programs , and 19 for reimbursing the Iowa law enforcement academy for domestic 20 abuse and human trafficking training . Notwithstanding section 21 8.33 , any balance in the fund on June 30 of any fiscal year 22 shall not revert to the general fund of the state. 23 Sec. 17. 2014 Iowa Acts, chapter 1138, section 21, is 24 amended to read as follows: 25 SEC. 21. CONSUMER EDUCATION AND LITIGATION 26 FUND. Notwithstanding section 714.16C , for each fiscal 27 year of the period beginning July 1, 2014, and ending June 28 30, 2016 2018 , the annual appropriations in section 714.16C , 29 are increased from $1,125,000 to $1,875,000, and $75,000 to 30 $125,000 respectively. 31 Sec. 18. 2015 Iowa Acts, chapter 135, section 41, is amended 32 to read as follows: 33 SEC. 41. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 34 MANAGEMENT. There is appropriated from the E911 emergency 35 -20- LSB 5015SB (2) 86 jm/rn 20/ 25
S.F. _____ communications fund created in section 34A.7A to the department 1 of homeland security and emergency management for the fiscal 2 year beginning July 1, 2016, and ending June 30, 2017, the 3 following amount, or so much thereof as is necessary, to be 4 used for the purposes designated: 5 For implementation, support, and maintenance of the 6 functions of the administrator and program manager under 7 chapter 34A and to employ the auditor of the state to perform 8 an annual audit of the E911 emergency communications fund: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 10 250,000 11 Sec. 19. 2015 Iowa Acts, chapter 138, section 141, is 12 amended to read as follows: 13 SEC. 141. HUMAN TRAFFICKING ENFORCEMENT FUND. A human 14 trafficking enforcement fund is established, separate and apart 15 from all other public moneys or funds of the state, under 16 the control of the department of justice. The department 17 of justice shall deposit unencumbered or unobligated moneys 18 transferred from the mortgage servicing settlement fund 19 into the fund. Moneys in the fund are appropriated to the 20 department of justice , and after consultation with the 21 commissioner of public safety and the director of the Iowa 22 law enforcement academy the moneys shall be used for purposes 23 of training local law enforcement, members of the state 24 patrol, county attorneys, judicial officers, juvenile court 25 officers, and public safety answering point personnel about 26 recognizing and reporting incidents of human trafficking , and 27 for reimbursing the Iowa law enforcement academy for domestic 28 abuse and human trafficking training . Any moneys remaining in 29 the fund on June 30, 2020, shall be transferred to the general 30 fund of the state. 31 Sec. 20. STATE PUBLIC DEFENDER PILOT PROJECT —— ATTORNEY 32 CHOICE —— EMERGENCY RULES. 33 1. Notwithstanding any other provision of the law to the 34 contrary, for each fiscal year for the period beginning July 1, 35 -21- LSB 5015SB (2) 86 jm/rn 21/ 25
S.F. _____ 2016, and ending June 30, 2019, the state public defender may 1 establish a pilot project allowing an indigent person to choose 2 an eligible attorney to represent the person in the person’s 3 case that requires such representation. The state public 4 defender shall have sole discretion to establish the pilot 5 project in no more than four counties throughout the state. 6 The state public defender may coordinate with other agencies 7 and organizations in order to seek grant funding and to measure 8 the results of the pilot project. 9 2. The state public defender may adopt emergency rules under 10 section 17A.4, subsection 3, and section 17A.5, subsection 2, 11 paragraph “b”, to implement the provisions of this Act and 12 the rules shall be effective immediately upon filing unless 13 a later date is specified in the rules. Any rules adopted 14 in accordance with this section shall also be published as a 15 notice of intended action as provided in section 17A.4. 16 EXPLANATION 17 The inclusion of this explanation does not constitute agreement with 18 the explanation’s substance by the members of the general assembly. 19 This bill relates to appropriations from the general fund 20 of the state for fiscal year 2016-2017 to the departments 21 of justice, corrections, public defense, public safety, and 22 homeland security and emergency management, and the Iowa law 23 enforcement academy, office of the state public defender, board 24 of parole, Iowa state civil rights commission, and the criminal 25 and juvenile justice planning division of the department of 26 human rights. 27 The bill adds 5.00 full-time equivalent positions within the 28 department of justice to administer victim assistance grants. 29 The bill requires the new FTE positions to be an accountant and 30 four program planners. The bill specifies that the department 31 of justice may employ the additional five full-time equivalent 32 positions only if the department of justice receives sufficient 33 federal moneys to maintain employment for the additional 34 full-time equivalent positions during the current fiscal year 35 -22- LSB 5015SB (2) 86 jm/rn 22/ 25
S.F. _____ and succeeding fiscal years. The department of justice shall 1 only employ the additional five full-time equivalent positions 2 in succeeding fiscal years if sufficient federal moneys are 3 received during each of those succeeding fiscal years. 4 The bill requires the department of justice to reimburse 5 the costs and necessary related expenses incurred by the Iowa 6 law enforcement academy to employ one additional instructor 7 position who shall provide training for domestic abuse and 8 human trafficking-related issues throughout the state. The 9 bill specifies that the department of justice shall obtain the 10 moneys necessary to reimburse the Iowa law enforcement academy 11 to employ such an instructor from unrestricted moneys from 12 either the victim compensation fund, the human trafficking 13 victim fund, or the human trafficking enforcement fund. The 14 bill further specifies that the training provided by the 15 Iowa law enforcement academy shall be offered at no cost to 16 the attendees and the training for domestic abuse or human 17 trafficking shall not replace any existing training offered by 18 the academy. 19 The bill makes additional appropriations to the department 20 of public safety and the department of corrections for 21 department-wide duties. 22 The bill appropriates moneys from the department of commerce 23 revolving fund to the office of consumer advocate of the 24 department of justice for fiscal year 2016-2017. 25 The bill adds 3.00 full-time equivalent positions within 26 the division of criminal investigation. The bill specifies 27 that the division of criminal investigation may employ two of 28 the three additional FTEs only if the department of justice 29 receives sufficient federal moneys to maintain employment 30 for the additional two FTEs during the current fiscal year. 31 The division of criminal investigation shall only employ the 32 additional two full-time equivalent positions in succeeding 33 fiscal years if sufficient federal moneys are received during 34 each of those succeeding fiscal years. 35 -23- LSB 5015SB (2) 86 jm/rn 23/ 25
S.F. _____ The bill specifies that the division of narcotics 1 enforcement may employ one additional full-time equivalent 2 position only if the division of narcotics enforcement receives 3 sufficient federal moneys to maintain employment for the 4 additional full-time equivalent position during the current 5 fiscal year and succeeding fiscal years. The division of 6 narcotics enforcement shall only employ the additional one 7 full-time equivalent in succeeding fiscal years if sufficient 8 federal moneys are received during each of those succeeding 9 fiscal years. 10 The bill also appropriates moneys from the gaming 11 enforcement revolving fund to the department of public safety 12 for fiscal year 2016-2017. 13 The bill amends Code section 915.94 to allow funds in the 14 victim compensation fund to be used to reimburse the Iowa law 15 enforcement academy for domestic abuse and human trafficking 16 training. 17 The bill amends Code section 915.95 to allow funds in the 18 human trafficking victim fund to be used to reimburse the 19 Iowa law enforcement academy for domestic abuse and human 20 trafficking training. 21 The bill extends the fiscal period for increasing the 22 appropriations from the consumer education and litigation fund 23 in Code section 714.16C to June 30, 2018. Under current law 24 the increased appropriations from the consumer education and 25 litigation fund expire on June 30, 2016. 26 The bill appropriates moneys from the wireless E911 27 emergency communications fund to the department of homeland 28 security and emergency management for fiscal year 2016-2017. 29 The bill amends 2015 Iowa Acts, ch. 138, section 141, 30 to allow funds in the human trafficking fund to be used to 31 reimburse the Iowa law enforcement academy for domestic abuse 32 and human trafficking training. The bill also requires the 33 department of justice to consult with the commissioner of the 34 department of public safety and the director of the Iowa law 35 -24- LSB 5015SB (2) 86 jm/rn 24/ 25
S.F. _____ enforcement academy prior to using the funds in the human 1 trafficking fund. 2 The bill permits the state public defender to establish 3 a pilot project beginning FY 2016-2017 through FY 2018-2019 4 that allows an indigent person to choose an eligible attorney 5 to represent the person in the person’s case that requires 6 such representation. The bill specifies that the state 7 public defender shall have sole discretion to establish the 8 pilot project in no more than four counties throughout the 9 state. The bill also allows the state public defender to adopt 10 emergency rules to implement the pilot project. 11 -25- LSB 5015SB (2) 86 jm/rn 25/ 25
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