House
File
2523
-
Introduced
HOUSE
FILE
2523
BY
COMMITTEE
ON
APPROPRIATIONS
(SUCCESSOR
TO
HSB
731)
A
BILL
FOR
An
Act
relating
to
and
making
appropriations
to
the
justice
1
system,
and
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
5092HV
(3)
83
jm/jp
H.F.
2523
Section
1.
DEPARTMENT
OF
JUSTICE.
1
1.
There
is
appropriated
from
the
general
fund
of
the
state
2
to
the
department
of
justice
for
the
fiscal
year
beginning
July
3
1,
2010,
and
ending
June
30,
2011,
the
following
amounts,
or
4
so
much
thereof
as
is
necessary,
to
be
used
for
the
purposes
5
designated:
6
a.
For
the
general
office
of
attorney
general
for
salaries,
7
support,
maintenance,
and
miscellaneous
purposes,
including
8
the
prosecuting
attorneys
training
program,
victim
assistance
9
grants,
office
of
drug
control
policy
prosecuting
attorney
10
program,
and
odometer
fraud
enforcement,
and
for
not
more
than
11
the
following
full-time
equivalent
positions:
12
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$
7,732,930
13
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.
FTEs
232.50
14
It
is
the
intent
of
the
general
assembly
that
as
a
condition
15
of
receiving
the
appropriation
provided
in
this
lettered
16
paragraph,
the
department
of
justice
shall
maintain
a
record
17
of
the
estimated
time
incurred
representing
each
agency
or
18
department.
19
b.
For
victim
assistance
grants:
20
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$
3,060,000
21
The
funds
appropriated
in
this
lettered
paragraph
shall
be
22
used
to
provide
grants
to
care
providers
providing
services
to
23
crime
victims
of
domestic
abuse
or
to
crime
victims
of
rape
and
24
sexual
assault.
25
The
balance
of
the
victim
compensation
fund
established
in
26
section
915.94
may
be
used
to
provide
salary
and
support
of
not
27
more
than
22
FTEs
and
to
provide
maintenance
for
the
victim
28
compensation
functions
of
the
department
of
justice.
29
The
department
of
justice
may
transfer
moneys
from
the
30
victim
compensation
fund
established
in
section
915.94
to
the
31
victim
assistance
grant
program.
32
c.
For
legal
services
for
persons
in
poverty
grants
as
33
provided
in
section
13.34:
34
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$
1,930,671
35
-1-
LSB
5092HV
(3)
83
jm/jp
1/
26
H.F.
2523
2.
a.
The
department
of
justice,
in
submitting
budget
1
estimates
for
the
fiscal
year
commencing
July
1,
2011,
pursuant
2
to
section
8.23,
shall
include
a
report
of
funding
from
sources
3
other
than
amounts
appropriated
directly
from
the
general
fund
4
of
the
state
to
the
department
of
justice
or
to
the
office
of
5
consumer
advocate.
These
funding
sources
shall
include
but
6
are
not
limited
to
reimbursements
from
other
state
agencies,
7
commissions,
boards,
or
similar
entities,
and
reimbursements
8
from
special
funds
or
internal
accounts
within
the
department
9
of
justice.
The
department
of
justice
shall
also
report
actual
10
reimbursements
for
the
fiscal
year
commencing
July
1,
2009,
11
and
actual
and
expected
reimbursements
for
the
fiscal
year
12
commencing
July
1,
2010.
13
b.
The
department
of
justice
shall
include
the
report
14
required
under
paragraph
“a”,
as
well
as
information
regarding
15
any
revisions
occurring
as
a
result
of
reimbursements
actually
16
received
or
expected
at
a
later
date,
in
a
report
to
the
17
co-chairpersons
and
ranking
members
of
the
joint
appropriations
18
subcommittee
on
the
justice
system
and
the
legislative
services
19
agency.
The
department
of
justice
shall
submit
the
report
on
20
or
before
January
15,
2011.
21
Sec.
2.
OFFICE
OF
CONSUMER
ADVOCATE.
There
is
appropriated
22
from
the
department
of
commerce
revolving
fund
created
in
23
section
546.12
to
the
office
of
consumer
advocate
of
the
24
department
of
justice
for
the
fiscal
year
beginning
July
1,
25
2010,
and
ending
June
30,
2011,
the
following
amount,
or
so
26
much
thereof
as
is
necessary,
to
be
used
for
the
purposes
27
designated:
28
For
salaries,
support,
maintenance,
miscellaneous
purposes,
29
and
for
not
more
than
the
following
full-time
equivalent
30
positions:
31
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$
3,336,344
32
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FTEs
27.00
33
Sec.
3.
DEPARTMENT
OF
CORRECTIONS
——
FACILITIES.
34
1.
There
is
appropriated
from
the
general
fund
of
the
state
35
-2-
LSB
5092HV
(3)
83
jm/jp
2/
26
H.F.
2523
to
the
department
of
corrections
for
the
fiscal
year
beginning
1
July
1,
2010,
and
ending
June
30,
2011,
the
following
amounts,
2
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
purposes
3
designated:
4
For
the
operation
of
adult
correctional
institutions,
5
reimbursement
of
counties
for
certain
confinement
costs,
and
6
federal
prison
reimbursement,
to
be
allocated
as
follows:
7
a.
For
the
operation
of
the
Fort
Madison
correctional
8
facility,
including
salaries,
support,
maintenance,
and
9
miscellaneous
purposes:
10
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$
39,991,374
11
As
a
condition
of
receiving
an
appropriation
in
this
12
lettered
paragraph,
the
department
of
corrections
shall
operate
13
the
John
Bennett
facility
either
as
an
institution
of
the
14
department
or
a
community-based
correctional
facility.
15
b.
For
the
operation
of
the
Anamosa
correctional
facility,
16
including
salaries,
support,
maintenance,
and
miscellaneous
17
purposes:
18
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$
30,416,461
19
As
a
condition
of
receiving
the
appropriation
in
this
20
lettered
paragraph,
the
department
of
corrections
shall
employ
21
two
part-time
registered
nurses
at
the
Luster
Heights
facility,
22
and
shall
seek
volunteer
licensed
medical
personnel
to
serve
at
23
the
facility.
24
It
is
the
intent
of
the
general
assembly
that
the
department
25
of
corrections
fully
operate
the
Luster
Heights
facility
at
the
26
facility’s
88-bed
capacity.
27
As
a
condition
of
the
moneys
appropriated
in
this
lettered
28
paragraph,
the
department
of
corrections
shall
replace
expired
29
federal
funding
by
expending
at
least
$238,252
for
continuation
30
of
a
treatment
program
that
prepares
offenders
for
ongoing
31
therapeutic
treatment
programs
offered
by
the
department
and
32
maintaining
at
least
4.75
FTEs
for
the
program.
33
Moneys
appropriated
in
this
lettered
paragraph
shall
34
provide
for
one
full-time
substance
abuse
counselor
for
the
35
-3-
LSB
5092HV
(3)
83
jm/jp
3/
26
H.F.
2523
Luster
Heights
facility
for
the
purpose
of
certification
of
a
1
substance
abuse
program
at
that
facility.
2
c.
For
the
operation
of
the
Oakdale
correctional
facility,
3
including
salaries,
support,
maintenance,
and
miscellaneous
4
purposes:
5
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$
55,755,246
6
d.
For
the
operation
of
the
Newton
correctional
facility,
7
including
salaries,
support,
maintenance,
and
miscellaneous
8
purposes:
9
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$
26,452,257
10
e.
For
the
operation
of
the
Mt.
Pleasant
correctional
11
facility,
including
salaries,
support,
maintenance,
and
12
miscellaneous
purposes:
13
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$
26,265,257
14
f.
For
the
operation
of
the
Rockwell
City
correctional
15
facility,
including
salaries,
support,
maintenance,
and
16
miscellaneous
purposes:
17
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.
$
9,324,565
18
g.
For
the
operation
of
the
Clarinda
correctional
facility,
19
including
salaries,
support,
maintenance,
and
miscellaneous
20
purposes:
21
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$
23,645,033
22
Moneys
received
by
the
department
of
corrections
as
23
reimbursement
for
services
provided
to
the
Clarinda
youth
24
corporation
are
appropriated
to
the
department
and
shall
be
25
used
for
the
purpose
of
operating
the
Clarinda
correctional
26
facility.
27
h.
For
the
operation
of
the
Mitchellville
correctional
28
facility,
including
salaries,
support,
maintenance,
and
29
miscellaneous
purposes:
30
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$
15,486,586
31
i.
For
the
operation
of
the
Fort
Dodge
correctional
32
facility,
including
salaries,
support,
maintenance,
and
33
miscellaneous
purposes:
34
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$
29,020,235
35
-4-
LSB
5092HV
(3)
83
jm/jp
4/
26
H.F.
2523
j.
For
reimbursement
of
counties
for
temporary
confinement
1
of
work
release
and
parole
violators,
as
provided
in
sections
2
901.7,
904.908,
and
906.17,
and
for
offenders
confined
pursuant
3
to
section
904.513:
4
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.
.
$
775,092
5
k.
For
federal
prison
reimbursement,
reimbursements
for
6
out-of-state
placements,
and
miscellaneous
contracts:
7
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$
239,411
8
2.
The
department
of
corrections
shall
use
moneys
9
appropriated
in
subsection
1
to
continue
to
contract
for
the
10
services
of
a
Muslim
imam.
11
Sec.
4.
DEPARTMENT
OF
CORRECTIONS
——
ADMINISTRATION.
12
1.
There
is
appropriated
from
the
general
fund
of
the
state
13
to
the
department
of
corrections
for
the
fiscal
year
beginning
14
July
1,
2010,
and
ending
June
30,
2011,
the
following
amounts,
15
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
purposes
16
designated:
17
a.
For
general
administration,
including
salaries,
support,
18
maintenance,
employment
of
an
education
director
to
administer
19
a
centralized
education
program
for
the
correctional
system,
20
and
miscellaneous
purposes:
21
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$
4,254,068
22
(1)
It
is
the
intent
of
the
general
assembly
that
as
a
23
condition
of
receiving
the
appropriation
provided
in
this
24
lettered
paragraph
the
department
of
corrections
shall
not,
25
except
as
otherwise
provided
in
subparagraph
(3),
enter
26
into
a
new
contract,
unless
the
contract
is
a
renewal
of
an
27
existing
contract,
for
the
expenditure
of
moneys
in
excess
of
28
$100,000
during
the
fiscal
year
beginning
July
1,
2010,
for
the
29
privatization
of
services
performed
by
the
department
using
30
state
employees
as
of
July
1,
2010,
or
for
the
privatization
31
of
new
services
by
the
department
without
prior
consultation
32
with
any
applicable
state
employee
organization
affected
33
by
the
proposed
new
contract
and
prior
notification
of
the
34
co-chairpersons
and
ranking
members
of
the
joint
appropriations
35
-5-
LSB
5092HV
(3)
83
jm/jp
5/
26
H.F.
2523
subcommittee
on
the
justice
system.
1
(2)
It
is
the
intent
of
the
general
assembly
that
each
2
lease
negotiated
by
the
department
of
corrections
with
a
3
private
corporation
for
the
purpose
of
providing
private
4
industry
employment
of
inmates
in
a
correctional
institution
5
shall
prohibit
the
private
corporation
from
utilizing
inmate
6
labor
for
partisan
political
purposes
for
any
person
seeking
7
election
to
public
office
in
this
state
and
that
a
violation
8
of
this
requirement
shall
result
in
a
termination
of
the
lease
9
agreement.
10
(3)
It
is
the
intent
of
the
general
assembly
that
as
a
11
condition
of
receiving
the
appropriation
provided
in
this
12
lettered
paragraph
the
department
of
corrections
shall
not
13
enter
into
a
lease
or
contractual
agreement
pursuant
to
section
14
904.809
with
a
private
corporation
for
the
use
of
building
15
space
for
the
purpose
of
providing
inmate
employment
without
16
providing
that
the
terms
of
the
lease
or
contract
establish
17
safeguards
to
restrict,
to
the
greatest
extent
feasible,
access
18
by
inmates
working
for
the
private
corporation
to
personal
19
identifying
information
of
citizens.
20
b.
For
educational
programs
for
inmates
at
state
penal
21
institutions:
22
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
1,558,109
23
As
a
condition
of
receiving
the
appropriation
in
this
24
lettered
paragraph,
the
department
of
corrections
shall
25
transfer
at
least
$300,000
from
the
canteen
operating
funds
26
established
pursuant
to
section
904.310
to
be
used
for
27
correctional
educational
programs
funded
in
this
lettered
28
paragraph.
29
It
is
the
intent
of
the
general
assembly
that
moneys
30
appropriated
in
this
lettered
paragraph
shall
be
used
solely
31
for
the
purpose
indicated
and
that
the
moneys
shall
not
be
32
transferred
for
any
other
purpose.
In
addition,
it
is
the
33
intent
of
the
general
assembly
that
the
department
shall
34
consult
with
the
community
colleges
in
the
areas
in
which
the
35
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26
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2523
institutions
are
located
to
utilize
moneys
appropriated
in
this
1
lettered
paragraph
to
fund
the
high
school
completion,
high
2
school
equivalency
diploma,
adult
literacy,
and
adult
basic
3
education
programs
in
a
manner
so
as
to
maintain
these
programs
4
at
the
institutions.
5
To
maximize
the
funding
for
educational
programs,
the
6
department
shall
establish
guidelines
and
procedures
to
7
prioritize
the
availability
of
educational
and
vocational
8
training
for
inmates
based
upon
the
goal
of
facilitating
an
9
inmate’s
successful
release
from
the
correctional
institution.
10
The
director
of
the
department
of
corrections
may
transfer
11
moneys
from
Iowa
prison
industries
for
use
in
educational
12
programs
for
inmates.
13
Notwithstanding
section
8.33,
moneys
appropriated
in
this
14
lettered
paragraph
that
remain
unobligated
or
unexpended
at
15
the
close
of
the
fiscal
year
shall
not
revert
but
shall
remain
16
available
for
expenditure
only
for
the
purpose
designated
in
17
this
lettered
paragraph
until
the
close
of
the
succeeding
18
fiscal
year.
19
c.
For
the
development
of
the
Iowa
corrections
offender
20
network
(ICON)
data
system:
21
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
424,364
22
d.
For
offender
mental
health
and
substance
abuse
23
treatment:
24
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
22,319
25
e.
For
viral
hepatitis
prevention
and
treatment:
26
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
167,881
27
2.
It
is
the
intent
of
the
general
assembly
that
the
28
department
of
corrections
shall
continue
to
operate
the
29
correctional
farms
under
the
control
of
the
department
at
30
the
same
or
greater
level
of
participation
and
involvement
31
as
existed
as
of
June
30,
2011;
shall
not
enter
into
any
32
rental
agreement
or
contract
concerning
any
farmland
under
33
the
control
of
the
department
that
is
not
subject
to
a
rental
34
agreement
or
contract
as
of
January
1,
2010,
without
prior
35
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2523
legislative
approval;
and
shall
further
attempt
to
provide
1
job
opportunities
at
the
farms
for
inmates.
The
department
2
shall
attempt
to
provide
job
opportunities
at
the
farms
for
3
inmates
by
encouraging
labor-intensive
farming
or
gardening
4
where
appropriate;
using
inmates
to
grow
produce
and
meat
for
5
institutional
consumption;
researching
the
possibility
of
6
instituting
food
canning
and
cook-and-chill
operations;
and
7
exploring
opportunities
for
organic
farming
and
gardening,
8
livestock
ventures,
horticulture,
and
specialized
crops.
9
3.
The
department
of
corrections
shall
provide
a
smoking
10
cessation
program
to
offenders
committed
to
the
custody
of
the
11
director
or
who
are
otherwise
detained
by
the
department,
that
12
complies
with
legislation
enacted
restricting
or
prohibiting
13
smoking
on
the
grounds
of
correctional
institutions.
14
4.
As
a
condition
of
receiving
the
appropriations
made
15
in
this
section,
the
department
of
corrections
shall
develop
16
and
implement
offender
reentry
programs
in
Black
Hawk
and
17
Polk
counties
to
provide
transitional
planning
and
release
18
primarily
for
offenders
released
from
the
Iowa
correctional
19
institution
for
women
at
Mitchellville
and
the
Fort
Dodge
20
correctional
facility.
Programming
shall
include
minority
21
and
gender-specific
responsivity,
employment,
substance
22
abuse
treatment,
mental
health
services,
housing,
and
family
23
reintegration.
The
department
of
corrections
shall
collaborate
24
with
the
first
and
fifth
judicial
district
departments
of
25
correctional
services,
the
Iowa
department
of
workforce
26
development,
the
department
of
human
services,
community-based
27
providers
and
faith-based
organizations,
and
local
law
28
enforcement.
29
5.
The
chief
security
officer
position
within
the
30
department
of
corrections
shall
be
eliminated
by
the
effective
31
date
of
this
subsection.
32
6.
The
department
shall
place
inmates
at
the
Luster
Heights
33
facility
who
have
been
approved
by
the
board
of
parole
for
34
work
release
but
who
are
expected
to
be
waiting
in
prison
35
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26
H.F.
2523
for
at
least
four
months
for
a
bed
to
become
available
at
a
1
community-based
correctional
facility,
unless
the
placement
2
would
dislodge
an
inmate
receiving
substance
abuse
treatment.
3
Sec.
5.
JUDICIAL
DISTRICT
DEPARTMENTS
OF
CORRECTIONAL
4
SERVICES.
5
1.
There
is
appropriated
from
the
general
fund
of
the
state
6
to
the
department
of
corrections
for
the
fiscal
year
beginning
7
July
1,
2010,
and
ending
June
30,
2011,
for
the
treatment
and
8
supervision
of
probation
and
parole
violators
who
have
been
9
released
from
the
department
of
corrections
violator
program,
10
the
following
amounts,
or
so
much
thereof
as
is
necessary,
to
11
be
allocated
as
follows:
12
a.
For
the
first
judicial
district
department
of
13
correctional
services:
14
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
12,453,082
15
As
a
condition
of
the
moneys
appropriated
in
this
lettered
16
paragraph,
the
department
of
corrections
shall
replace
expired
17
federal
funding
by
expending
at
least
$140,000
for
the
dual
18
diagnosis
program
and
maintaining
1.25
FTEs
for
the
program.
19
b.
For
the
second
judicial
district
department
of
20
correctional
services:
21
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
10,770,616
22
c.
For
the
third
judicial
district
department
of
23
correctional
services:
24
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
5,715,578
25
d.
For
the
fourth
judicial
district
department
of
26
correctional
services:
27
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
5,522,416
28
e.
For
the
fifth
judicial
district
department
of
29
correctional
services,
including
funding
for
electronic
30
monitoring
devices
for
use
on
a
statewide
basis:
31
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
18,938,081
32
As
a
condition
of
receiving
the
appropriation
in
this
33
lettered
paragraph,
the
fifth
judicial
district
department
of
34
correctional
services
shall
reinstate
67
beds
in
buildings
65
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and
66
at
the
Fort
Des
Moines
facility
and
resume
operating
the
1
buildings,
in
addition
to
maintaining
the
199
beds
in
buildings
2
68
and
70
at
the
Fort
Des
Moines
facility.
The
district
3
department
may
use
inmate
labor
to
upgrade
and
renovate
the
4
buildings,
if
renovation
and
updating
are
required.
5
f.
For
the
sixth
judicial
district
department
of
6
correctional
services:
7
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
13,030,356
8
g.
For
the
seventh
judicial
district
department
of
9
correctional
services:
10
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
6,846,560
11
h.
For
the
eighth
judicial
district
department
of
12
correctional
services:
13
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
6,935,622
14
2.
Each
judicial
district
department
of
correctional
15
services,
within
the
funding
available,
shall
continue
programs
16
and
plans
established
within
that
district
to
provide
for
17
intensive
supervision,
sex
offender
treatment,
diversion
of
18
low-risk
offenders
to
the
least
restrictive
sanction
available,
19
job
development,
and
expanded
use
of
intermediate
criminal
20
sanctions.
21
3.
Each
judicial
district
department
of
correctional
22
services
shall
provide
alternatives
to
prison
consistent
with
23
chapter
901B.
The
alternatives
to
prison
shall
ensure
public
24
safety
while
providing
maximum
rehabilitation
to
the
offender.
25
A
judicial
district
department
of
correctional
services
may
26
also
establish
a
day
program.
27
4.
The
governor’s
office
of
drug
control
policy
shall
28
consider
federal
grants
made
to
the
department
of
corrections
29
for
the
benefit
of
each
of
the
eight
judicial
district
30
departments
of
correctional
services
as
local
government
31
grants,
as
defined
pursuant
to
federal
regulations.
32
5.
The
department
of
corrections
shall
continue
to
contract
33
with
a
judicial
district
department
of
correctional
services
to
34
provide
for
the
rental
of
electronic
monitoring
equipment
which
35
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2523
shall
be
available
statewide.
1
6.
A
judicial
district
department
of
correctional
services
2
shall
accept
into
the
facilities
of
the
district
department,
3
offenders
assigned
from
other
judicial
district
departments
of
4
correctional
services.
5
Sec.
6.
DEPARTMENT
OF
CORRECTIONS
——
REALLOCATION
OF
6
APPROPRIATIONS.
Notwithstanding
section
8.39,
within
7
the
moneys
appropriated
in
this
Act
to
the
department
of
8
corrections,
the
department
may
reallocate
the
moneys
9
appropriated
and
allocated
as
necessary
to
best
fulfill
the
10
needs
of
the
correctional
institutions,
administration
of
11
the
department,
and
the
judicial
district
departments
of
12
correctional
services.
However,
in
addition
to
complying
with
13
the
requirements
of
sections
904.116
and
905.8
and
providing
14
notice
to
the
legislative
services
agency,
the
department
15
of
corrections
shall
also
provide
notice
to
the
department
16
of
management,
prior
to
the
effective
date
of
the
revision
17
or
reallocation
of
an
appropriation
made
pursuant
to
this
18
section.
The
department
shall
not
reallocate
an
appropriation
19
or
allocation
for
the
purpose
of
eliminating
any
program.
20
Sec.
7.
INTENT
——
REPORTS.
21
1.
The
department
in
cooperation
with
townships,
the
Iowa
22
cemetery
associations,
and
other
nonprofit
or
governmental
23
entities
may
use
inmate
labor
during
the
fiscal
year
beginning
24
July
1,
2010,
to
restore
or
preserve
rural
cemeteries
and
25
historical
landmarks.
The
department
in
cooperation
with
the
26
counties
may
also
use
inmate
labor
to
clean
up
roads,
major
27
water
sources,
and
other
water
sources
around
the
state.
28
2.
Each
month
the
department
shall
provide
a
status
report
29
regarding
private-sector
employment
to
the
legislative
services
30
agency
beginning
on
July
1,
2010.
The
report
shall
include
31
the
number
of
offenders
employed
in
the
private
sector,
the
32
combined
number
of
hours
worked
by
the
offenders,
and
the
33
total
amount
of
allowances,
and
the
distribution
of
allowances
34
pursuant
to
section
904.702,
including
any
moneys
deposited
in
35
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the
general
fund
of
the
state.
1
Sec.
8.
ELECTRONIC
MONITORING
REPORT.
The
department
of
2
corrections
shall
submit
a
report
on
electronic
monitoring
to
3
the
general
assembly,
to
the
co-chairpersons
and
the
ranking
4
members
of
the
joint
appropriations
subcommittee
on
the
justice
5
system,
and
to
the
legislative
services
agency
by
January
6
15,
2011.
The
report
shall
specifically
address
the
number
7
of
persons
being
electronically
monitored
and
break
down
the
8
number
of
persons
being
electronically
monitored
by
offense
9
committed.
The
report
shall
also
include
a
comparison
of
any
10
data
from
the
prior
fiscal
year
with
the
current
year.
11
Sec.
9.
STATE
AGENCY
PURCHASES
FROM
PRISON
INDUSTRIES.
12
1.
As
used
in
this
section,
unless
the
context
otherwise
13
requires,
“state
agency”
means
the
government
of
the
state
14
of
Iowa,
including
but
not
limited
to
all
executive
branch
15
departments,
agencies,
boards,
bureaus,
and
commissions,
the
16
judicial
branch,
the
general
assembly
and
all
legislative
17
agencies,
institutions
within
the
purview
of
the
state
board
of
18
regents,
and
any
corporation
whose
primary
function
is
to
act
19
as
an
instrumentality
of
the
state.
20
2.
State
agencies
are
hereby
encouraged
to
purchase
21
products
from
Iowa
state
industries,
as
defined
in
section
22
904.802,
when
purchases
are
required
and
the
products
are
23
available
from
Iowa
state
industries.
State
agencies
shall
24
obtain
bids
from
Iowa
state
industries
for
purchases
of
25
office
furniture
during
the
fiscal
year
beginning
July
1,
26
2010,
exceeding
$5,000
or
in
accordance
with
applicable
27
administrative
rules
related
to
purchases
for
the
agency.
28
Sec.
10.
STATE
PUBLIC
DEFENDER.
There
is
appropriated
from
29
the
general
fund
of
the
state
to
the
office
of
the
state
public
30
defender
of
the
department
of
inspections
and
appeals
for
the
31
fiscal
year
beginning
July
1,
2010,
and
ending
June
30,
2011,
32
the
following
amounts,
or
so
much
thereof
as
is
necessary,
to
33
be
allocated
as
follows
for
the
purposes
designated:
34
1.
For
salaries,
support,
maintenance,
miscellaneous
35
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purposes,
and
for
not
more
than
the
following
full-time
1
equivalent
positions:
2
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
21,743,182
3
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
203.00
4
2.
For
the
fees
of
court-appointed
attorneys
for
indigent
5
adults
and
juveniles,
in
accordance
with
section
232.141
and
6
chapter
815:
7
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
15,680,929
8
Sec.
11.
IOWA
LAW
ENFORCEMENT
ACADEMY.
9
1.
There
is
appropriated
from
the
general
fund
of
the
10
state
to
the
Iowa
law
enforcement
academy
for
the
fiscal
year
11
beginning
July
1,
2010,
and
ending
June
30,
2011,
the
following
12
amount,
or
so
much
thereof
as
is
necessary,
to
be
used
for
the
13
purposes
designated:
14
For
salaries,
support,
maintenance,
miscellaneous
purposes,
15
including
jailer
training
and
technical
assistance,
and
for
not
16
more
than
the
following
full-time
equivalent
positions:
17
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
1,049,430
18
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
30.55
19
It
is
the
intent
of
the
general
assembly
that
the
Iowa
law
20
enforcement
academy
may
provide
training
of
state
and
local
21
law
enforcement
personnel
concerning
the
recognition
of
and
22
response
to
persons
with
Alzheimer’s
disease.
23
The
Iowa
law
enforcement
academy
may
temporarily
exceed
and
24
draw
more
than
the
amount
appropriated
and
incur
a
negative
25
cash
balance
as
long
as
there
are
receivables
equal
to
or
26
greater
than
the
negative
balance
and
the
amount
appropriated
27
in
this
subsection
is
not
exceeded
at
the
close
of
the
fiscal
28
year.
29
2.
The
Iowa
law
enforcement
academy
may
select
at
least
30
five
automobiles
of
the
department
of
public
safety,
division
31
of
state
patrol,
prior
to
turning
over
the
automobiles
to
32
the
department
of
administrative
services
to
be
disposed
33
of
by
public
auction,
and
the
Iowa
law
enforcement
academy
34
may
exchange
any
automobile
owned
by
the
academy
for
each
35
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automobile
selected
if
the
selected
automobile
is
used
in
1
training
law
enforcement
officers
at
the
academy.
However,
any
2
automobile
exchanged
by
the
academy
shall
be
substituted
for
3
the
selected
vehicle
of
the
department
of
public
safety
and
4
sold
by
public
auction
with
the
receipts
being
deposited
in
the
5
depreciation
fund
to
the
credit
of
the
department
of
public
6
safety,
division
of
state
patrol.
7
Sec.
12.
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,
2010,
and
ending
June
30,
2011,
the
10
following
amount,
or
so
much
thereof
as
is
necessary,
to
be
11
used
for
the
purposes
designated:
12
For
salaries,
support,
maintenance,
miscellaneous
purposes,
13
and
for
not
more
than
the
following
full-time
equivalent
14
positions:
15
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
1,045,259
16
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
13.50
17
Sec.
13.
DEPARTMENT
OF
PUBLIC
DEFENSE.
There
is
18
appropriated
from
the
general
fund
of
the
state
to
the
19
department
of
public
defense
for
the
fiscal
year
beginning
July
20
1,
2010,
and
ending
June
30,
2011,
the
following
amounts,
or
21
so
much
thereof
as
is
necessary,
to
be
used
for
the
purposes
22
designated:
23
1.
MILITARY
DIVISION
24
For
salaries,
support,
maintenance,
miscellaneous
purposes,
25
and
for
not
more
than
the
following
full-time
equivalent
26
positions:
27
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
6,249,201
28
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
324.00
29
The
military
division
may
temporarily
exceed
and
draw
more
30
than
the
amount
appropriated
and
incur
a
negative
cash
balance
31
as
long
as
there
are
receivables
of
federal
funds
equal
to
or
32
greater
than
the
negative
balance
and
the
amount
appropriated
33
in
this
subsection
is
not
exceeded
at
the
close
of
the
fiscal
34
year.
35
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2.
HOMELAND
SECURITY
AND
EMERGENCY
MANAGEMENT
DIVISION
1
For
salaries,
support,
maintenance,
miscellaneous
purposes,
2
and
for
not
more
than
the
following
full-time
equivalent
3
positions:
4
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
2,038,119
5
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
33.00
6
The
homeland
security
and
emergency
management
division
may
7
temporarily
exceed
and
draw
more
than
the
amount
appropriated
8
and
incur
a
negative
cash
balance
as
long
as
there
are
9
receivables
of
federal
funds
equal
to
or
greater
than
the
10
negative
balance
and
the
amount
appropriated
in
this
subsection
11
is
not
exceeded
at
the
close
of
the
fiscal
year.
12
It
is
the
intent
of
the
general
assembly
that
the
homeland
13
security
and
emergency
management
division
work
in
conjunction
14
with
the
department
of
public
safety,
to
the
extent
possible,
15
when
gathering
and
analyzing
information
related
to
potential
16
domestic
or
foreign
security
threats,
and
when
monitoring
such
17
threats.
18
Sec.
14.
DEPARTMENT
OF
PUBLIC
SAFETY.
There
is
appropriated
19
from
the
general
fund
of
the
state
to
the
department
of
public
20
safety
for
the
fiscal
year
beginning
July
1,
2010,
and
ending
21
June
30,
2011,
the
following
amounts,
or
so
much
thereof
as
is
22
necessary,
to
be
used
for
the
purposes
designated:
23
1.
For
the
department’s
administrative
functions,
including
24
the
criminal
justice
information
system,
and
for
not
more
than
25
the
following
full-time
equivalent
positions:
26
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
4,134,461
27
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
36.00
28
2.
For
the
division
of
criminal
investigation,
including
29
the
state’s
contribution
to
the
peace
officers’
retirement,
30
accident,
and
disability
system
provided
in
chapter
97A
in
the
31
amount
of
the
state’s
normal
contribution
rate,
as
defined
in
32
section
97A.8,
multiplied
by
the
salaries
for
which
the
funds
33
are
appropriated,
to
meet
federal
fund
matching
requirements,
34
and
for
not
more
than
the
following
full-time
equivalent
35
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2523
positions:
1
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
12,861,710
2
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
277.10
3
If
any
of
the
Indian
tribes
fail
to
pay
for
1.00
FTE
pursuant
4
to
the
agreements
or
compacts
entered
into
between
the
state
5
and
the
Indian
tribes
pursuant
to
section
10A.104,
subsection
6
10,
the
number
of
full-time
equivalent
positions
authorized
7
under
this
subsection
is
reduced
by
1.00
FTE.
8
The
department
shall
employ
one
additional
special
agent
and
9
one
additional
criminalist
for
the
purpose
of
investigating
10
cold
cases.
Prior
to
employing
the
additional
special
agent
11
and
criminalist
authorized
in
this
paragraph,
the
department
12
shall
provide
a
written
statement
to
prospective
employees
that
13
states
to
the
effect
that
the
positions
are
being
funded
by
a
14
temporary
federal
grant
and
there
are
no
assurances
that
funds
15
from
other
sources
will
be
available
after
the
federal
funding
16
expires.
If
the
federal
funding
for
the
additional
positions
17
expires
during
the
fiscal
year,
the
number
of
full-time
18
equivalent
positions
authorized
in
this
subsection
is
reduced
19
by
2.00
FTEs.
20
The
appropriation
made
from
the
gaming
enforcement
fund
21
established
by
this
Act
in
section
80.43
shall
be
used
to
22
provide
salary
and
support
for
not
more
than
115.00
full-time
23
equivalent
positions,
unless
as
otherwise
provided
by
law.
24
The
department
of
public
safety,
with
the
approval
of
the
25
department
of
management,
may
employ
no
more
than
two
special
26
agents
and
four
gaming
enforcement
officers
for
each
additional
27
riverboat
or
gambling
structure
regulated
after
July
1,
2010,
28
and
one
special
agent
for
each
racing
facility
which
becomes
29
operational
during
the
fiscal
year
which
begins
July
1,
2010.
30
One
additional
gaming
enforcement
officer,
up
to
a
total
of
31
four
per
riverboat
or
gambling
structure,
may
be
employed
32
for
each
riverboat
or
gambling
structure
that
has
extended
33
operations
to
24
hours
and
has
not
previously
operated
with
a
34
24-hour
schedule.
Positions
authorized
in
this
paragraph
are
35
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2523
in
addition
to
the
full-time
equivalent
positions
otherwise
1
authorized
in
this
subsection.
2
3.
For
the
criminalistics
laboratory
fund
created
in
3
section
691.9:
4
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
302,345
5
4.
a.
For
the
division
of
narcotics
enforcement,
including
6
the
state’s
contribution
to
the
peace
officers’
retirement,
7
accident,
and
disability
system
provided
in
chapter
97A
in
the
8
amount
of
the
state’s
normal
contribution
rate,
as
defined
in
9
section
97A.8,
multiplied
by
the
salaries
for
which
the
funds
10
are
appropriated,
to
meet
federal
fund
matching
requirements,
11
and
for
not
more
than
the
following
full-time
equivalent
12
positions:
13
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
6,507,048
14
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
75.00
15
b.
For
the
division
of
narcotics
enforcement
for
undercover
16
purchases:
17
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
109,042
18
5.
For
the
division
of
state
fire
marshal,
for
fire
19
protection
services
as
provided
through
the
state
fire
service
20
and
emergency
response
council
as
created
in
the
department,
21
and
for
the
state’s
contribution
to
the
peace
officers’
22
retirement,
accident,
and
disability
system
provided
in
chapter
23
97A
in
the
amount
of
the
state’s
normal
contribution
rate,
as
24
defined
in
section
97A.8,
multiplied
by
the
salaries
for
which
25
the
funds
are
appropriated,
and
for
not
more
than
the
following
26
full-time
equivalent
positions:
27
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
4,343,896
28
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
57.00
29
6.
For
the
division
of
state
patrol,
for
salaries,
support,
30
maintenance,
workers’
compensation
costs,
and
miscellaneous
31
purposes,
including
the
state’s
contribution
to
the
peace
32
officers’
retirement,
accident,
and
disability
system
provided
33
in
chapter
97A
in
the
amount
of
the
state’s
normal
contribution
34
rate,
as
defined
in
section
97A.8,
multiplied
by
the
salaries
35
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for
which
the
funds
are
appropriated,
and
for
not
more
than
the
1
following
full-time
equivalent
positions:
2
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
48,984,147
3
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
503.00
4
It
is
the
intent
of
the
general
assembly
that
members
of
the
5
state
patrol
be
assigned
to
patrol
the
highways
and
roads
in
6
lieu
of
assignments
for
inspecting
school
buses
for
the
school
7
districts.
8
7.
For
deposit
in
the
sick
leave
benefits
fund
established
9
under
section
80.42
for
all
departmental
employees
eligible
to
10
receive
benefits
for
accrued
sick
leave
under
the
collective
11
bargaining
agreement:
12
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
279,517
13
8.
For
costs
associated
with
the
training
and
equipment
14
needs
of
volunteer
fire
fighters:
15
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
612,255
16
Notwithstanding
section
8.33,
moneys
appropriated
in
this
17
subsection
that
remain
unencumbered
or
unobligated
at
the
18
close
of
the
fiscal
year
shall
not
revert
but
shall
remain
19
available
for
expenditure
only
for
the
purpose
designated
in
20
this
subsection
until
the
close
of
the
succeeding
fiscal
year.
21
Notwithstanding
section
8.39,
within
the
moneys
appropriated
22
in
this
section
the
department
of
public
safety
may
reallocate
23
moneys
as
necessary
to
best
fulfill
the
needs
provided
for
24
in
the
appropriation.
However,
the
department
shall
not
25
reallocate
an
appropriation
made
to
the
department
in
this
26
section
unless
notice
of
the
reallocation
is
given
to
the
27
legislative
services
agency
and
the
department
of
management
28
prior
to
the
effective
date
of
the
reallocation.
The
notice
29
shall
include
information
about
the
rationale
for
reallocating
30
the
appropriation.
The
department
shall
not
reallocate
31
an
appropriation
made
in
this
section
for
the
purpose
of
32
eliminating
any
program.
33
Sec.
15.
CIVIL
RIGHTS
COMMISSION.
There
is
appropriated
34
from
the
general
fund
of
the
state
to
the
Iowa
state
civil
35
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2523
rights
commission
for
the
fiscal
year
beginning
July
1,
1
2010,
and
ending
June
30,
2011,
the
following
amount,
or
so
2
much
thereof
as
is
necessary,
to
be
used
for
the
purposes
3
designated:
4
For
salaries,
support,
maintenance,
miscellaneous
purposes,
5
and
for
not
more
than
the
following
full-time
equivalent
6
positions:
7
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
$
1,379,861
8
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
FTEs
29.50
9
The
Iowa
state
civil
rights
commission
may
enter
into
10
a
contract
with
a
nonprofit
organization
to
provide
legal
11
assistance
to
resolve
civil
rights
complaints.
12
Sec.
16.
Section
8A.302,
subsection
1,
as
amended
by
2010
13
Iowa
Acts,
Senate
File
2088,
section
71,
if
enacted,
is
amended
14
to
read
as
follows:
15
1.
Providing
a
system
of
uniform
standards
and
16
specifications
for
purchasing.
When
the
system
is
developed,
17
all
items
of
general
use
shall
be
purchased
by
state
agencies
18
through
the
department,
except
items
provided
for
under
19
section
904.808
or
items
used
by
the
state
board
of
regents
20
and
institutions
under
the
control
of
the
state
board
of
21
regents.
However,
the
department
may
authorize
the
department
22
of
transportation,
the
department
for
the
blind,
and
any
other
23
agencies
otherwise
exempted
by
law
from
centralized
purchasing,
24
to
directly
purchase
items
used
by
those
agencies
without
going
25
through
the
department,
if
the
department
of
administrative
26
services
determines
such
purchasing
is
in
the
best
interests
27
of
the
state.
However,
items
of
general
use
may
be
purchased
28
through
the
department
by
any
governmental
entity.
29
Sec.
17.
NEW
SECTION
.
80.43
Gaming
enforcement
30
——
revolving
fund.
31
1.
A
gaming
enforcement
revolving
fund
is
created
in
the
32
state
treasury
under
the
control
of
the
department.
The
fund
33
shall
consist
of
fees
collected
and
deposited
into
the
fund
34
paid
by
licensees
pursuant
to
section
99D.14,
subsection
2,
35
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paragraph
“b”
,
and
fees
paid
by
licensees
pursuant
to
section
1
99F.10,
subsection
4,
paragraph
“b”
.
The
amounts
deposited
into
2
the
fund
for
a
fiscal
year
are
appropriated
to
the
department
3
to
be
used
exclusively
to
pay
the
costs
for
agents
and
officers
4
plus
any
direct
and
indirect
support
costs
for
such
agents
and
5
officers
of
the
division
of
criminal
investigation’s
racetrack,
6
excursion
boat,
or
gambling
structure
enforcement
activities.
7
2.
To
meet
the
department’s
cash
flow
needs,
the
department
8
may
temporarily
use
funds
from
the
general
fund
of
the
state
9
to
pay
expenses
in
excess
of
moneys
available
in
the
revolving
10
fund
if
those
additional
expenditures
are
fully
reimbursable
11
and
the
department
reimburses
the
general
fund
of
the
state
12
and
ensures
all
moneys
are
repaid
in
full
by
the
close
of
the
13
fiscal
year.
Because
any
general
fund
moneys
used
shall
be
14
fully
reimbursed,
such
temporary
use
of
funds
from
the
general
15
fund
of
the
state
shall
not
constitute
an
appropriation
for
16
purposes
of
calculating
the
state
general
fund
expenditure
17
limitation
pursuant
to
section
8.54.
18
3.
Section
8.33
does
not
apply
to
any
moneys
credited
or
19
appropriated
to
the
revolving
fund
from
any
other
fund
and,
20
notwithstanding
section
12C.7,
subsection
2,
earnings
or
21
interest
on
moneys
deposited
in
the
revolving
fund
shall
be
22
credited
to
the
revolving
fund.
23
Sec.
18.
Section
99D.14,
subsection
2,
Code
2009,
is
amended
24
to
read
as
follows:
25
2.
a.
A
licensee
shall
pay
a
regulatory
fee
to
be
charged
26
as
provided
in
this
section.
In
determining
the
regulatory
fee
27
to
be
charged
as
provided
under
this
section,
the
commission
28
shall
use
the
amount
appropriated
to
the
commission
plus
the
29
cost
of
salaries
for
no
more
than
two
special
agents
for
each
30
racetrack
that
has
not
been
issued
a
table
games
license
under
31
chapter
99F
or
no
more
than
three
special
agents
for
each
32
racetrack
that
has
been
issued
a
table
games
license
under
33
chapter
99F,
plus
any
direct
and
indirect
support
costs
for
the
34
agents,
for
the
division
of
criminal
investigation’s
racetrack
35
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activities,
as
the
basis
for
determining
the
amount
of
revenue
1
to
be
raised
from
the
regulatory
fee.
2
b.
Notwithstanding
sections
8.60
and
99D.17,
the
portion
of
3
the
fee
paid
pursuant
to
paragraph
“a”
relating
to
the
costs
4
of
special
agents
plus
any
direct
and
indirect
support
costs
5
for
the
agents,
for
the
division
of
criminal
investigation’s
6
racetrack
activities,
shall
not
be
deposited
in
the
general
7
fund
of
the
state
but
instead
shall
be
deposited
into
the
8
gaming
enforcement
revolving
fund
established
in
section
80.43.
9
Sec.
19.
Section
99F.10,
subsection
4,
Code
2009,
is
amended
10
to
read
as
follows:
11
4.
a.
In
determining
the
license
fees
and
state
regulatory
12
fees
to
be
charged
as
provided
under
section
99F.4
and
this
13
section,
the
commission
shall
use
as
the
basis
for
determining
14
the
amount
of
revenue
to
be
raised
from
the
license
fees
and
15
regulatory
fees
the
amount
appropriated
to
the
commission
16
plus
the
cost
of
salaries
for
no
more
than
two
special
agents
17
for
each
excursion
gambling
boat
or
gambling
structure
and
no
18
more
than
four
gaming
enforcement
officers
for
each
excursion
19
gambling
boat
or
gambling
structure
with
a
patron
capacity
of
20
less
than
two
thousand
persons
or
no
more
than
five
gaming
21
enforcement
officers
for
each
excursion
gambling
boat
or
22
gambling
structure
with
a
patron
capacity
of
at
least
two
23
thousand
persons,
plus
any
direct
and
indirect
support
costs
24
for
the
agents
and
officers,
for
the
division
of
criminal
25
investigation’s
excursion
gambling
boat
or
gambling
structure
26
activities.
27
b.
Notwithstanding
sections
8.60
and
99F.4,
the
portion
of
28
the
fee
paid
pursuant
to
paragraph
“a”
relating
to
the
costs
29
of
special
agents
and
officers
plus
any
direct
and
indirect
30
support
costs
for
the
agents
and
officers,
for
the
division
of
31
criminal
investigation’s
excursion
gambling
boat
or
gambling
32
structure
activities,
shall
not
be
deposited
in
the
general
33
fund
of
the
state
but
instead
shall
be
deposited
into
the
34
gaming
enforcement
revolving
fund
established
in
section
80.43.
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Sec.
20.
Section
809A.17,
subsection
5,
Code
2009,
is
1
amended
by
adding
the
following
new
paragraph:
2
NEW
PARAGRAPH
.
e.
If
the
forfeited
property
is
cash
or
3
proceeds
from
the
sale
of
real
property
the
distribution
of
the
4
forfeited
property
shall
be
as
follows:
5
(1)
The
department
of
justice
shall
not
retain
more
than
6
ten
percent
of
the
gross
sale
of
any
forfeited
real
property.
7
The
balance
of
the
proceeds
shall
be
distributed
to
the
8
seizing
agency
for
use
by
the
agency
or
for
division
among
9
law
enforcement
agencies
and
county
attorneys
pursuant
to
any
10
agreement
entered
into
by
the
seizing
agency.
11
(2)
The
department
of
justice
shall
not
retain
more
than
12
ten
percent
of
any
forfeited
cash.
The
balance
shall
be
13
distributed
to
the
seizing
agency
for
use
by
the
agency
or
for
14
division
among
law
enforcement
agencies
and
county
attorneys
15
pursuant
to
any
agreement
entered
into
by
the
seizing
agency.
16
(3)
In
the
event
of
a
cash
forfeiture
in
excess
of
four
17
hundred
thousand
dollars
the
distribution
of
forfeited
cash
18
shall
be
as
follows:
19
(a)
Forty-five
percent
shall
be
retained
by
the
seizing
20
agency.
21
(b)
Forty-five
percent
shall
be
distributed
to
other
law
22
enforcement
agencies
within
the
region
of
the
seizing
agency.
23
(c)
Ten
percent
shall
be
retained
by
the
department
of
24
justice.
25
Sec.
21.
Section
904.315,
subsection
2,
Code
Supplement
26
2009,
is
amended
to
read
as
follows:
27
2.
A
contract
is
not
required
for
improvements
at
a
state
28
institution
where
the
labor
of
inmates
is
to
be
used
if
the
29
contract
is
not
for
a
construction,
reconstruction,
demolition,
30
or
repair
project
or
improvement
with
an
estimated
cost
in
31
excess
of
fifty
one
hundred
thousand
dollars.
32
Sec.
22.
Section
904A.4B,
Code
2009,
is
amended
to
read
as
33
follows:
34
904A.4B
Executive
director
of
the
board
of
parole
——
duties.
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1.
The
chief
administrative
officer
of
the
board
of
1
parole
shall
be
the
executive
director
,
except
as
provided
in
2
subsection
2
.
The
executive
director
shall
be
appointed
by
the
3
chairperson,
subject
to
the
approval
of
the
board
and
shall
4
serve
at
the
pleasure
of
the
board.
The
executive
director
5
shall
do
all
of
the
following:
6
1.
a.
Advise
the
board
on
matters
relating
to
parole,
7
work
release,
and
executive
clemency,
and
advise
the
board
on
8
matters
involving
automation
and
word
processing.
9
2.
b.
Carry
out
all
directives
of
the
board.
10
3.
c.
Hire
and
supervise
all
of
the
board’s
staff
pursuant
11
to
the
provisions
of
chapter
8A,
subchapter
IV.
12
4.
d.
Act
as
the
board’s
liaison
with
the
general
assembly.
13
5.
e.
Prepare
a
budget
for
the
board,
subject
to
the
14
approval
of
the
board,
and
prepare
all
other
reports
required
15
by
law.
16
6.
f.
Develop
long-range
parole
and
work
release
planning,
17
in
cooperation
with
the
department
of
corrections.
18
2.
If
an
executive
director
is
not
appointed
as
provided
in
19
subsection
1,
the
chairperson
shall
serve
as
acting
executive
20
director
and
perform
the
administrative
duties
under
subsection
21
1.
22
Sec.
23.
IOWA
COMMUNICATIONS
NETWORK.
It
is
the
23
intent
of
the
general
assembly
that
the
executive
branch
24
agencies
receiving
an
appropriation
in
this
Act
utilize
25
the
Iowa
communications
network
or
secure
other
electronic
26
communications
in
lieu
of
traveling
for
the
fiscal
year
27
addressed
by
the
appropriations.
28
Sec.
24.
HOMELAND
SECURITY
AND
EMERGENCY
MANAGEMENT
29
DIVISION.
There
is
appropriated
from
the
wireless
E911
30
emergency
communications
fund
created
in
section
34A.7A
to
the
31
administrator
of
the
homeland
security
and
emergency
management
32
division
of
the
department
of
public
defense
for
the
fiscal
33
year
beginning
July
1,
2010,
and
ending
June
30,
2011,
an
34
amount
not
exceeding
$200,000
to
be
used
for
implementation,
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support,
and
maintenance
of
the
functions
of
the
administrator
1
and
program
manager
under
chapter
34A
and
to
employ
the
auditor
2
of
the
state
to
perform
an
annual
audit
of
the
wireless
E911
3
emergency
communications
fund.
4
Sec.
25.
CORRECTIONAL
OFFICER
AND
PEACE
OFFICER
——
5
PRIORITY.
As
a
condition
of
receiving
an
appropriation
in
6
this
Act,
the
department
of
corrections
and
the
department
of
7
public
safety
shall
make
every
effort
to
preserve
correctional
8
officer
and
peace
officer
positions
through
the
reduction
of
9
administrative
and
related
overhead
costs.
10
Sec.
26.
EFFECTIVE
UPON
ENACTMENT.
The
provision
of
this
11
Act
eliminating
the
chief
security
officer
position
within
12
the
department
of
corrections,
being
deemed
of
immediate
13
importance,
takes
effect
upon
enactment.
14
EXPLANATION
15
This
bill
makes
appropriations
from
the
general
fund
of
the
16
state
for
fiscal
year
2010-2011
to
the
departments
of
justice,
17
corrections,
public
defense,
and
public
safety,
and
the
Iowa
18
law
enforcement
academy,
office
of
the
state
public
defender,
19
board
of
parole,
and
Iowa
state
civil
rights
commission.
20
The
bill
also
appropriates
moneys
from
the
department
of
21
commerce
revolving
fund
created
in
Code
section
546.12
to
the
22
office
of
consumer
advocate
of
the
department
of
justice.
23
The
bill
requires
the
department
of
corrections
to
employ
24
two
part-time
nurses
at
the
Luster
Heights
correctional
25
facility,
and
seek
volunteer
licensed
medical
personnel
to
26
serve
at
the
facility.
27
The
bill
requires
the
department
of
corrections
to
place
28
inmates
at
the
Luster
Heights
facility
who
have
been
approved
29
by
the
board
of
parole
for
work
release
but
who
are
expected
30
to
be
waiting
in
prison
for
a
bed
to
become
available
at
a
31
community-based
correctional
facility
for
at
least
four
months,
32
unless
the
placement
dislodges
an
inmate
receiving
substance
33
abuse
treatment.
34
The
bill
requires
the
department
of
corrections
to
seek
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volunteer
medical
personnel
to
serve
at
correctional
facilities
1
throughout
the
state.
2
The
bill
amends
Code
section
8A.302
as
amended
by
the
2010
3
Iowa
Acts,
Senate
File
2088,
to
provide
that
items
of
a
general
4
use
provided
by
Iowa
state
(prison)
industries
to
other
state
5
agencies
under
Code
section
904.808
are
exempt
from
being
6
purchased
through
the
department
of
administrative
services.
7
The
bill
creates
the
gaming
enforcement
revolving
fund
in
8
new
Code
section
80.43.
9
Code
sections
99D.14
and
99F.10
are
amended
to
provide
10
that
the
portion
of
the
regulatory
fee
collected
from
gaming
11
interests
to
pay
for
special
agents
and
gaming
enforcement
12
officers
plus
any
direct
and
indirect
support
costs
for
13
such
agents
and
officers
for
the
division
of
criminal
14
investigation’s
gaming
enforcement
activities,
shall
be
15
deposited
into
the
gaming
enforcement
revolving
fund.
16
The
bill
creates
a
standing
appropriation
from
the
gaming
17
enforcement
revolving
fund
to
the
department
of
public
safety
18
to
pay
for
the
special
agents
and
gaming
enforcement
officers
19
and
any
related
gaming
enforcement
activities
of
such
agents
20
or
officers.
21
The
bill
provides
that
the
appropriation
from
the
gaming
22
enforcement
revolving
fund
shall
be
used
to
provide
salary
and
23
support
for
not
more
than
115
full-time
equivalent
positions,
24
unless
as
otherwise
provided
by
law.
25
Code
section
809A.17
is
amended
to
provide
that
the
26
department
of
justice
shall
not
retain
more
than
10
percent
27
of
any
cash
forfeiture
made
by
a
law
enforcement
agency
or
10
28
percent
of
the
gross
proceeds
from
the
sale
of
any
forfeited
29
real
property.
The
bill
requires
the
balance
of
any
cash
30
forfeiture
or
the
proceeds
from
the
sale
of
forfeited
real
31
property
be
distributed
to
the
seizing
agency
for
use
by
the
32
agency
or
for
division
among
law
enforcement
agencies
and
33
county
attorneys
pursuant
to
any
agreement
entered
into
by
the
34
seizing
agency.
In
the
event
of
a
cash
forfeiture
in
excess
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of
$400,000,
the
distribution
shall
be
as
follows:
45
percent
1
shall
be
retained
by
the
seizing
agency;
45
percent
shall
be
2
distributed
to
other
law
enforcement
agencies
within
the
region
3
of
the
seizing
agency;
and
10
percent
shall
be
retained
by
the
4
department
of
justice.
5
Code
section
904.315
is
amended
to
provide
that
a
contract
6
is
not
required
for
improvements
at
a
state
institution
where
7
the
labor
of
inmates
is
used
and
the
estimated
cost
of
the
8
improvements
does
not
exceed
$100,000.
Currently,
the
contract
9
requirement
threshold
is
$50,000.
10
The
bill
amends
Code
section
904A.4B
to
provide
that
the
11
chairperson
may
act
as
executive
director
of
the
board
of
12
parole,
if
the
board
does
not
appoint
such
a
director.
The
13
duties
of
the
executive
director
are
specified
in
Code
section
14
904A.4B.
15
The
bill
eliminates
the
chief
security
officer
position
16
within
the
department
of
corrections
effective
upon
enactment.
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