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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,732,930 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,336,344 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 55,755,246 6 d. For the operation of the Newton correctional facility, 7 including salaries, support, maintenance, and miscellaneous 8 purposes: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 26,452,257 10 e. For the operation of the Mt. Pleasant correctional 11 facility, including salaries, support, maintenance, and 12 miscellaneous purposes: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 26,265,257 14 f. For the operation of the Rockwell City correctional 15 facility, including salaries, support, maintenance, and 16 miscellaneous purposes: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,324,565 18 g. For the operation of the Clarinda correctional facility, 19 including salaries, support, maintenance, and miscellaneous 20 purposes: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,486,586 31 i. For the operation of the Fort Dodge correctional 32 facility, including salaries, support, maintenance, and 33 miscellaneous purposes: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 775,092 5 k. For federal prison reimbursement, reimbursements for 6 out-of-state placements, and miscellaneous contracts: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 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 -6- LSB 5092HV (3) 83 jm/jp 6/ 26
H.F. 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 -7- LSB 5092HV (3) 83 jm/jp 7/ 26
H.F. 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 -8- LSB 5092HV (3) 83 jm/jp 8/ 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 35 -9- LSB 5092HV (3) 83 jm/jp 9/ 26
H.F. 2523 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 -10- LSB 5092HV (3) 83 jm/jp 10/ 26
H.F. 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 -11- LSB 5092HV (3) 83 jm/jp 11/ 26
H.F. 2523 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 -12- LSB 5092HV (3) 83 jm/jp 12/ 26
H.F. 2523 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 -13- LSB 5092HV (3) 83 jm/jp 13/ 26
H.F. 2523 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 -14- LSB 5092HV (3) 83 jm/jp 14/ 26
H.F. 2523 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 -15- LSB 5092HV (3) 83 jm/jp 15/ 26
H.F. 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 -16- LSB 5092HV (3) 83 jm/jp 16/ 26
H.F. 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 -17- LSB 5092HV (3) 83 jm/jp 17/ 26
H.F. 2523 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 -18- LSB 5092HV (3) 83 jm/jp 18/ 26
H.F. 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 -19- LSB 5092HV (3) 83 jm/jp 19/ 26
H.F. 2523 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 -20- LSB 5092HV (3) 83 jm/jp 20/ 26
H.F. 2523 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. 35 -21- LSB 5092HV (3) 83 jm/jp 21/ 26
H.F. 2523 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. 35 -22- LSB 5092HV (3) 83 jm/jp 22/ 26
H.F. 2523 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, 35 -23- LSB 5092HV (3) 83 jm/jp 23/ 26
H.F. 2523 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 35 -24- LSB 5092HV (3) 83 jm/jp 24/ 26
H.F. 2523 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 35 -25- LSB 5092HV (3) 83 jm/jp 25/ 26
H.F. 2523 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. 17 -26- LSB 5092HV (3) 83 jm/jp 26/ 26