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PAG LIN 1 1 Section 1. DEPARTMENT OF JUSTICE. There is appropriated 1 2 from the general fund of the state to the department of 1 3 justice for the fiscal year beginning July 1, 1996, and ending 1 4 June 30, 1997, the following amounts, or so much thereof as is 1 5 necessary, to be used for the purposes designated: 1 6 1. For the general office of attorney general for 1 7 salaries, support, maintenance, miscellaneous purposes 1 8 including odometer fraud enforcement, and for not more than 1 9 the following full-time equivalent positions: 1 10 ................................................. $ 5,693,460 1 11 .............................................. FTEs 178.50 1 12 It is the intent of the general assembly that of the funds 1 13 appropriated in this subsection, not more than $50,000 shall 1 14 be used to establish an office of veterans advocate as 1 15 provided in section 13.32, as enacted by this Act. 1 16 2. Prosecuting attorney training program for salaries, 1 17 support, maintenance, miscellaneous purposes, and for not more 1 18 than the following full-time equivalent positions: 1 19 ................................................. $ 250,000 1 20 .............................................. FTEs 6.00 1 21 a. In addition to the funds appropriated in this 1 22 subsection for the fiscal year beginning July 1, 1996, and 1 23 ending June 30, 1997, the attorney general shall provide up to 1 24 $41,000 in state matching funds from moneys retained by the 1 25 attorney general from property forfeited pursuant to section 1 26 809.13, for the prosecuting attorney training program, the 1 27 prosecuting intern program, or both. Counties participating 1 28 in the prosecuting intern program shall match the state funds. 1 29 b. In addition to the funds appropriated in this 1 30 subsection for the fiscal year beginning July 1, 1996, and 1 31 ending June 30, 1997, and the moneys retained by the attorney 1 32 general pursuant to paragraph "a", the attorney general shall 1 33 provide up to $10,000 in state matching funds from moneys 1 34 retained by the attorney general from property forfeited 1 35 pursuant to section 809.13, for the office of the prosecuting 2 1 attorneys training coordinator to use for continuation of the 2 2 domestic violence response enhancement program established in 2 3 accordance with 1992 Iowa Acts, chapter 1240, section 1, 2 4 subsection 2, paragraph "b". 2 5 c. The prosecuting attorneys training program shall use a 2 6 portion of the funds appropriated in this subsection for 2 7 educating and training prosecuting attorneys, as defined in 2 8 section 13A.1, in alternative dispute resolution techniques. 2 9 3. In addition to the funds appropriated in subsection 1, 2 10 there is appropriated from the general fund of the state to 2 11 the department of justice for the fiscal year beginning July 2 12 1, 1996, and ending June 30, 1997, an amount not exceeding 2 13 $200,000 to be used for the enforcement of the Iowa 2 14 competition law. The expenditure of the funds appropriated in 2 15 this subsection is contingent upon receipt by the general fund 2 16 of the state of an amount at least equal to either the 2 17 expenditures from damages awarded to the state or a political 2 18 subdivision of the state by a civil judgment under chapter 2 19 553, if the judgment authorizes the use of the award for 2 20 enforcement purposes or costs or attorneys fees awarded the 2 21 state in state or federal antitrust actions. However, if the 2 22 funds received as a result of these judgments are in excess of 2 23 $200,000, the excess funds shall not be appropriated to the 2 24 department of justice pursuant to this subsection. 2 25 4. In addition to the funds appropriated in subsection 1, 2 26 there is appropriated from the general fund of the state to 2 27 the department of justice for the fiscal year beginning July 2 28 1, 1996, and ending June 30, 1997, an amount not exceeding 2 29 $150,000 to be used for public education relating to consumer 2 30 fraud and for enforcement of section 714.16, and an amount not 2 31 exceeding $75,000 for investigation, prosecution, and consumer 2 32 education relating to consumer and criminal fraud against 2 33 older Iowans. The expenditure of the funds appropriated in 2 34 this subsection is contingent upon receipt by the general fund 2 35 of the state of an amount at least equal to the expenditures 3 1 from damages awarded to the state or a political subdivision 3 2 of the state by a civil consumer fraud judgment or settlement, 3 3 if the judgment or settlement authorizes the use of the award 3 4 for public education on consumer fraud. However, if the funds 3 5 received as a result of these judgments and settlements are in 3 6 excess of $225,000, the excess funds shall not be appropriated 3 7 to the department of justice pursuant to this subsection. 3 8 5. For victim assistance grants: 3 9 ................................................. $ 1,759,806 3 10 a. The funds appropriated in this subsection shall be used 3 11 to provide grants to care providers providing services to 3 12 crime victims of domestic abuse or to crime victims of rape 3 13 and sexual assault. 3 14 b. Notwithstanding section 8.33 or 8.39, any balance 3 15 remaining from the appropriation in this subsection shall not 3 16 revert to the general fund of the state but shall be available 3 17 for expenditure during the subsequent fiscal year for the same 3 18 purpose, and shall not be transferred to any other program. 3 19 6. For the GASA prosecuting attorney program and for not 3 20 more than the following full-time equivalent positions: 3 21 .................................................. $ 108,999 3 22 ............................................... FTEs 3.00 3 23 7. The balance of the victim compensation fund established 3 24 under section 912.14 may be used to provide salary and support 3 25 of not more than 9.00 FTEs and to provide maintenance for the 3 26 victim compensation functions of the department of justice. 3 27 8. The department of justice shall submit monthly 3 28 financial statements to the legislative fiscal bureau and the 3 29 department of management containing all appropriated accounts 3 30 in the same manner as provided in the monthly financial status 3 31 reports and personal services usage reports of the department 3 32 of revenue and finance. The monthly financial statements 3 33 shall include comparisons of the moneys and percentage spent 3 34 of budgeted to actual revenues and expenditures on a 3 35 cumulative basis for full-time equivalent positions and 4 1 available moneys. 4 2 9. a. The department of justice, in submitting budget 4 3 estimates pursuant to section 8.23, shall include a report of 4 4 funding from sources other than amounts appropriated directly 4 5 from the general fund of the state to the department of 4 6 justice or to the office of consumer advocate. These funding 4 7 sources shall include, but are not limited to, reimbursements 4 8 from other state agencies, commissions, boards, or similar 4 9 entities, and reimbursements from special funds or internal 4 10 accounts within the department of justice. The department of 4 11 justice shall report actual reimbursements for the fiscal year 4 12 commencing July 1, 1995, and actual and expected 4 13 reimbursements for the fiscal year commencing July 1, 1996. 4 14 b. The department of justice shall include the report 4 15 required under paragraph "a", as well as information regarding 4 16 any revisions occurring as a result of reimbursements actually 4 17 received or expected at a later date, in a report to the co- 4 18 chairpersons and ranking members of the joint appropriations 4 19 subcommittee on the justice system and the legislative fiscal 4 20 bureau. The department of justice shall submit the report on 4 21 or before January 15, 1997. 4 22 10. For legal services for persons in poverty grants as 4 23 provided in section 13.34, as enacted in this Act: 4 24 .................................................. $ 950,000 4 25 Sec. 2. DEPARTMENT OF JUSTICE – ENVIRONMENTAL CRIMES 4 26 INVESTIGATION AND PROSECUTION – FUNDING. There is 4 27 appropriated from the environmental crime fund of the 4 28 department of justice, consisting of court-ordered fines and 4 29 penalties awarded to the department arising out of the 4 30 prosecution of environmental crimes, to the department of 4 31 justice for the fiscal year beginning July 1, 1996, and ending 4 32 June 30, 1997, an amount not exceeding $20,000 to be used by 4 33 the department, at the discretion of the attorney general, for 4 34 the investigation and prosecution of environmental crimes, 4 35 including the reimbursement of expenses incurred by county, 5 1 municipal, and other local governmental agencies cooperating 5 2 with the department in the investigation and prosecution of 5 3 environmental crimes. 5 4 The expenditure of the funds appropriated in this section 5 5 is contingent upon receipt by the environmental crime fund of 5 6 the department of justice of an amount at least equal to the 5 7 appropriations made in this section and received from 5 8 contributions, court-ordered restitution as part of judgments 5 9 in criminal cases, and consent decrees entered into as part of 5 10 civil or regulatory enforcement actions. However, if the 5 11 funds received during the fiscal year are in excess of 5 12 $20,000, the excess funds shall be deposited in the general 5 13 fund of the state. 5 14 Notwithstanding section 8.33, moneys appropriated in this 5 15 section which remain unexpended or unobligated at the close of 5 16 the fiscal year shall not revert to the general fund of the 5 17 state but shall remain available for expenditure for the 5 18 designated purpose in the succeeding fiscal year. 5 19 Sec. 3. DEPARTMENT OF JUSTICE – OBSCENITY ENFORCEMENT. 5 20 There is appropriated from the general fund of the state to 5 21 the department of justice for the fiscal year beginning July 5 22 1, 1996, and ending June 30, 1997, the following amount, or so 5 23 much thereof as is necessary, to be used for the purpose 5 24 designated: 5 25 For establishing an antiobscenity enforcement unit within 5 26 the general office of attorney general, and for not more than 5 27 the following full-time equivalent positions: 5 28 .................................................. $ 110,000 5 29 ............................................... FTEs 2.00 5 30 Sec. 4. OFFICE OF CONSUMER ADVOCATE. There is 5 31 appropriated from the general fund of the state to the office 5 32 of consumer advocate of the department of justice for the 5 33 fiscal year beginning July 1, 1996, and ending June 30, 1997, 5 34 the following amount, or so much thereof as is necessary, to 5 35 be used for the purposes designated: 6 1 For salaries, support, maintenance, miscellaneous purposes, 6 2 and for not more than the following full-time equivalent 6 3 positions: 6 4 .................................................. $ 2,337,189 6 5 ............................................... FTEs 32.00 6 6 Sec. 5. BOARD OF PAROLE. There is appropriated from the 6 7 general fund of the state to the board of parole for the 6 8 fiscal year beginning July 1, 1996, and ending June 30, 1997, 6 9 the following amount, or so much thereof as is necessary, to 6 10 be used for the purposes designated: 6 11 For salaries, support, maintenance, including maintenance 6 12 of an automated docket and the board's automated risk 6 13 assessment model, employment of two statistical research 6 14 analysts to assist with the application of the risk assessment 6 15 model in the parole decision-making process, miscellaneous 6 16 purposes, and for not more than the following full-time 6 17 equivalent positions: 6 18 .................................................. $ 827,749 6 19 ............................................... FTEs 17.00 6 20 Sec. 6. DEPARTMENT OF CORRECTIONS – FACILITIES. There is 6 21 appropriated from the general fund of the state to the 6 22 department of corrections for the fiscal year beginning July 6 23 1, 1996, and ending June 30, 1997, the following amounts, or 6 24 so much thereof as is necessary, to be used for the purposes 6 25 designated: 6 26 1. For the operation of adult correctional institutions, 6 27 to be allocated as follows: 6 28 a. For the operation of the Fort Madison correctional 6 29 facility, including salaries, support, maintenance, employment 6 30 of correctional officers, miscellaneous purposes, and for not 6 31 more than the following full-time equivalent positions: 6 32 .................................................. $ 26,170,099 6 33 ............................................... FTEs 495.00 6 34 b. In addition to the funds appropriated in paragraph "a", 6 35 for the operation of cellhouse 17 of the Fort Madison 7 1 correctional facility, including salaries, support, 7 2 maintenance, employment of correctional officers, 7 3 miscellaneous purposes, and for not more than the following 7 4 full-time equivalent positions: 7 5 .................................................. $ 216,363 7 6 ............................................... FTEs 3.17 7 7 c. For the operation of the Anamosa correctional facility, 7 8 including salaries, support, maintenance, employment of 7 9 correctional officers and a part-time chaplain to provide 7 10 religious counseling to inmates of a minority race, 7 11 miscellaneous purposes, and for not more than the following 7 12 full-time equivalent positions: 7 13 .................................................. $ 19,955,506 7 14 ............................................... FTEs 372.75 7 15 Moneys are provided within this appropriation for two full- 7 16 time substance abuse counselors for the Luster Heights 7 17 facility, for the purpose of certification of a substance 7 18 abuse program at that facility. 7 19 d. For the operation of the Oakdale correctional facility, 7 20 including salaries, support, maintenance, employment of 7 21 correctional officers, miscellaneous purposes, and for not 7 22 more than the following full-time equivalent positions: 7 23 .................................................. $ 16,360,631 7 24 ............................................... FTEs 321.30 7 25 e. For the operation of the Newton correctional facility, 7 26 including salaries, support, maintenance, employment of 7 27 correctional officers, miscellaneous purposes, and for not 7 28 more than the following full-time equivalent positions: 7 29 .................................................. $ 10,233,775 7 30 ............................................... FTEs 154.28 7 31 f. For the operation of the Mt. Pleasant correctional 7 32 facility, including salaries, support, maintenance, employment 7 33 of correctional officers and a full-time chaplain to provide 7 34 religious counseling at the Oakdale and Mt. Pleasant 7 35 correctional facilities, miscellaneous purposes, and for not 8 1 more than the following full-time equivalent positions: 8 2 .................................................. $ 14,684,042 8 3 ............................................... FTEs 279.32 8 4 g. For the operation of the Rockwell City correctional 8 5 facility, including salaries, support, maintenance, employment 8 6 of correctional officers, miscellaneous purposes, and for not 8 7 more than the following full-time equivalent positions: 8 8 .................................................. $ 5,656,219 8 9 ............................................... FTEs 111.00 8 10 h. For the operation of the Clarinda correctional 8 11 facility, including salaries, support, maintenance, employment 8 12 of correctional officers, miscellaneous purposes, and for not 8 13 more than the following full-time equivalent positions: 8 14 .................................................. $ 14,467,836 8 15 ............................................... FTEs 246.00 8 16 Moneys received by the department of corrections as 8 17 reimbursement for services provided to the Clarinda youth 8 18 corporation are appropriated to the department and shall be 8 19 used for the purpose of operating the Clarinda correctional 8 20 facility. 8 21 i. For the operation of the Mitchellville correctional 8 22 facility, including salaries, support, maintenance, employment 8 23 of correctional officers, miscellaneous purposes, and for not 8 24 more than the following full-time equivalent positions: 8 25 .................................................. $ 6,477,098 8 26 ............................................... FTEs 132.00 8 27 2. a. If the inmate tort claim fund for inmate claims of 8 28 less than $50 is exhausted during the fiscal year, sufficient 8 29 funds shall be transferred from the institutional budgets to 8 30 pay approved tort claims for the balance of the fiscal year. 8 31 The warden or superintendent of each institution or 8 32 correctional facility shall designate an employee to receive, 8 33 investigate, and recommend whether to pay any properly filed 8 34 inmate tort claim for less than the above amount. The 8 35 designee's recommendation shall be approved or denied by the 9 1 warden or superintendent and forwarded to the department of 9 2 corrections for final approval and payment. The amounts 9 3 appropriated to this fund pursuant to 1987 Iowa Acts, chapter 9 4 234, section 304, subsection 2, are not subject to reversion 9 5 under section 8.33. 9 6 b. Tort claims denied at the institution shall be 9 7 forwarded to the state appeal board for their consideration as 9 8 if originally filed with that body. This procedure shall be 9 9 used in lieu of chapter 669 for inmate tort claims of less 9 10 than $50. 9 11 3. The department of corrections shall continue the 9 12 development of the concept of a super-maximum security 9 13 facility for inmates, including, but not limited to, details 9 14 on the number of beds, staffing, operations, and the process 9 15 for classifying inmates for incarceration at such a facility. 9 16 The department shall explain the staffing, classification, and 9 17 structured differences between a super-maximum security 9 18 facility for inmates and any other type of facility in the 9 19 corrections system. 9 20 Sec. 7. DEPARTMENT OF CORRECTIONS – ADMINISTRATION. 9 21 There is appropriated from the general fund of the state to 9 22 the department of corrections for the fiscal year beginning 9 23 July 1, 1996, and ending June 30, 1997, the following amounts, 9 24 or so much thereof as is necessary, to be used for the 9 25 purposes designated: 9 26 1. For general administration, including salaries, 9 27 support, maintenance, employment of an education director and 9 28 clerk to administer a centralized education program for the 9 29 correctional system, miscellaneous purposes, and for not more 9 30 than the following full-time equivalent positions: 9 31 .................................................. $ 2,372,985 9 32 ............................................... FTEs 38.18 9 33 The department shall monitor the use of the classification 9 34 model by the judicial district departments of correctional 9 35 services and has the authority to override a district 10 1 department's decision regarding classification of community- 10 2 based clients. The department shall notify a district 10 3 department of the reasons for the override. 10 4 It is the intent of the general assembly that as a 10 5 condition of receiving the appropriation provided in this 10 6 subsection, the department of corrections shall not enter into 10 7 a new contract, unless the contract is a renewal of an 10 8 existing contract, for the expenditure of moneys in excess of 10 9 one hundred thousand dollars during the fiscal year beginning 10 10 July 1, 1996, for the privatization of services performed by 10 11 the department using state employees as of July 1, 1996, or 10 12 for the privatization of new services by the department, 10 13 without prior consultation with any applicable state employee 10 14 organization affected by the proposed new contract and prior 10 15 notification of the co-chairpersons and ranking members of the 10 16 joint appropriations subcommittee on the justice system. 10 17 It is the intent of the general assembly that the 10 18 department of general services shall, notwithstanding any 10 19 provisions of law or rule to the contrary, permit the 10 20 department of corrections the opportunity to acquire, at no 10 21 cost, computers that would otherwise be disposed of by the 10 22 department of general services. The department of corrections 10 23 shall use computers acquired under this paragraph to provide 10 24 educational training and programs for inmates. 10 25 2. For reimbursement of counties for temporary confinement 10 26 of work release and parole violators, as provided in sections 10 27 901.7, 904.908, and 906.17 and for offenders confined pursuant 10 28 to section 904.513: 10 29 .................................................. $ 237,038 10 30 3. For federal prison reimbursement, reimbursements for 10 31 out-of-state placements, and miscellaneous contracts: 10 32 .................................................. $ 341,334 10 33 The department of corrections shall use funds appropriated 10 34 by this subsection to continue to contract for the services of 10 35 a Muslim imam. 11 1 4. For salaries, support, maintenance, miscellaneous 11 2 purposes, and for not more than the following full-time 11 3 equivalent positions at the correctional training center at 11 4 Mt. Pleasant: 11 5 .................................................. $ 458,074 11 6 ............................................... FTEs 8.16 11 7 5. For annual payment relating to the financial 11 8 arrangement for the construction of expansion in prison 11 9 capacity as provided in 1989 Iowa Acts, chapter 316, section 11 10 7, subsection 6: 11 11 .................................................. $ 625,860 11 12 6. For educational programs for inmates at state penal 11 13 institutions: 11 14 ................................................. $ 2,350,600 11 15 It is the intent of the general assembly that moneys 11 16 appropriated in this subsection shall be used solely for the 11 17 purpose indicated and that the moneys shall not be transferred 11 18 for any other purpose. In addition, it is the intent of the 11 19 general assembly that the department shall consult with the 11 20 community colleges in the areas in which the institutions are 11 21 located to utilize moneys appropriated in this subsection to 11 22 fund the high school completion, high school equivalency 11 23 diploma, adult literacy, and adult basic education programs in 11 24 a manner so as to maintain these programs at the institutions. 11 25 Notwithstanding section 8.33, moneys appropriated in this 11 26 subsection which remain unobligated or unexpended at the close 11 27 of the fiscal year shall not revert to the general fund of the 11 28 state but shall remain available only for the purposes 11 29 designated in this subsection in the succeeding fiscal year. 11 30 7. For funding of the criminal justice program at the 11 31 university of northern Iowa: 11 32 .................................................. $ 175,000 11 33 8. For increased inmate costs at the institutions: 11 34 .................................................. $ 278,000 11 35 9. For additional correctional officers to be assigned to 12 1 adult correctional institutions under the control of the 12 2 department, and may be used for implementation of requirements 12 3 of section 904.701, and for not more than the following full- 12 4 time equivalent positions: 12 5 .................................................. $ 770,000 12 6 ............................................... FTEs 22.00 12 7 10. The department of corrections shall submit a report to 12 8 the general assembly on January 1, 1997, concerning progress 12 9 made in implementing the requirements of section 904.701, 12 10 concerning hard labor by inmates. 12 11 Sec. 8. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 12 12 SERVICES. 12 13 1. There is appropriated from the general fund of the 12 14 state to the department of corrections for the fiscal year 12 15 beginning July 1, 1996, and ending June 30, 1997, the 12 16 following amounts, or so much thereof as is necessary, to be 12 17 allocated as follows: 12 18 a. For the first judicial district department of 12 19 correctional services, including the treatment and supervision 12 20 of probation and parole violators who have been released from 12 21 the department of corrections violator program, the following 12 22 amount, or so much thereof as is necessary: 12 23 ................................................. $ 7,036,820 12 24 (1) The district department shall continue the intensive 12 25 supervision program established within the district in 1988 12 26 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 12 27 "a", and the sex offender treatment program established within 12 28 the district in 1989 Iowa Acts, chapter 316, section 8, 12 29 subsection 1, paragraph "a". 12 30 (2) The district department, in cooperation with the chief 12 31 judge of the judicial district, shall continue the 12 32 implementation of a plan to divert low-risk offenders to the 12 33 least restrictive sanction available. 12 34 b. For the second judicial district department of 12 35 correctional services, including the treatment and supervision 13 1 of probation and parole violators who have been released from 13 2 the department of corrections violator program, the following 13 3 amount, or so much thereof as is necessary: 13 4 .................................................. $ 5,632,043 13 5 (1) The district department shall continue the sex 13 6 offender treatment program established within the district in 13 7 1988 Iowa Acts, chapter 1271, section 6, subsection 1, 13 8 paragraph "b". 13 9 (2) The district department, in cooperation with the chief 13 10 judge of the judicial district, shall continue the 13 11 implementation of a plan to divert low-risk offenders to the 13 12 least restrictive sanction available. 13 13 c. For the third judicial district department of 13 14 correctional services, including the treatment and supervision 13 15 of probation and parole violators who have been released from 13 16 the department of corrections violator program, the following 13 17 amount, or so much thereof as is necessary: 13 18 .................................................. $ 3,384,385 13 19 (1) The district department shall continue the sex 13 20 offender treatment program established within the district in 13 21 1988 Iowa Acts, chapter 1271, section 6, subsection 1, 13 22 paragraph "c", and the intensive supervision program 13 23 established within the district in 1990 Iowa Acts, chapter 13 24 1268, section 6, subsection 3, paragraph "d". 13 25 (2) The district department, in cooperation with the chief 13 26 judge of the judicial district, shall continue the 13 27 implementation of a plan to divert low-risk offenders to the 13 28 least restrictive sanction available. 13 29 d. For the fourth judicial district department of 13 30 correctional services, including the treatment and supervision 13 31 of probation and parole violators who have been released from 13 32 the department of corrections violator program, the following 13 33 amount, or so much thereof as is necessary: 13 34 ................................................. $ 2,551,754 13 35 (1) The district department shall continue the sex 14 1 offender treatment program established within the district in 14 2 1988 Iowa Acts, chapter 1271, section 6, subsection 1, 14 3 paragraph "d". 14 4 (2) The district department, in cooperation with the chief 14 5 judge of the judicial district, shall continue the 14 6 implementation of a plan to divert low-risk offenders to the 14 7 least restrictive sanction available. 14 8 e. For the fifth judicial district department of 14 9 correctional services, including the treatment and supervision 14 10 of probation and parole violators who have been released from 14 11 the department of corrections violator program, the following 14 12 amount, or so much thereof as is necessary: 14 13 .................................................. $ 9,169,253 14 14 (1) The district department shall continue the intensive 14 15 supervision program established within the district in 1988 14 16 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 14 17 "e", and shall continue to provide for the rental of 14 18 electronic monitoring equipment. 14 19 (2) The district department, in cooperation with the chief 14 20 judge of the judicial district, shall continue the 14 21 implementation of a plan to divert low-risk offenders to the 14 22 least restrictive sanction available. 14 23 f. For the sixth judicial district department of 14 24 correctional services, including the treatment and supervision 14 25 of probation and parole violators who have been released from 14 26 the department of corrections violator program, the following 14 27 amount, or so much thereof as is necessary: 14 28 .................................................. $ 7,118,005 14 29 (1) The district department shall continue the intensive 14 30 supervision program established within the district in 1988 14 31 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 14 32 "f", and the sex offender treatment program established within 14 33 the district in 1989 Iowa Acts, chapter 316, section 8, 14 34 subsection 1, paragraph "f". 14 35 (2) The district department, in cooperation with the chief 15 1 judge of the judicial district, shall continue the 15 2 implementation of a plan to divert low-risk offenders to the 15 3 least restrictive sanction available. 15 4 (3) The district department shall continue the 15 5 implementation of a plan providing for the expanded use of 15 6 intermediate criminal sanctions, as provided in 1993 Iowa 15 7 Acts, chapter 171, section 6, subsection 1, paragraph "f", 15 8 subparagraph (3). 15 9 (4) The district department is authorized to enter into 15 10 financial arrangements for and to construct an addition to the 15 11 Faches Center for the purposes of adding staff offices. 15 12 g. For the seventh judicial district department of 15 13 correctional services, including the treatment and supervision 15 14 of probation and parole violators who have been released from 15 15 the department of corrections violator program, the following 15 16 amount, or so much thereof as is necessary: 15 17 .................................................. $ 4,486,275 15 18 (1) The district department shall continue the intensive 15 19 supervision program established within the district in 1988 15 20 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 15 21 "g", and shall continue the sex offender treatment program 15 22 established within the district in 1989 Iowa Acts, chapter 15 23 316, section 8, subsection 1, paragraph "g". 15 24 (2) The district department shall continue the job 15 25 development program established within the district in 1990 15 26 Iowa Acts, chapter 1268, section 6, subsection 7, paragraph 15 27 "e". 15 28 (3) The district department, in cooperation with the chief 15 29 judge of the judicial district, shall continue the 15 30 implementation of a plan to divert low-risk offenders to the 15 31 least restrictive sanction available. 15 32 h. For the eighth judicial district department of 15 33 correctional services, including the treatment and supervision 15 34 of probation and parole violators who have been released from 15 35 the department of corrections violator program, the following 16 1 amount, or so much thereof as is necessary: 16 2 ................................................. $ 4,120,221 16 3 (1) The district department shall continue the intensive 16 4 supervision program established within the district in 1988 16 5 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 16 6 "h", and shall continue the sex offender treatment program 16 7 established within the district in 1989 Iowa Acts, chapter 16 8 316, section 8, subsection 1, paragraph "h". 16 9 (2) The district department, in cooperation with the chief 16 10 judge of the judicial district, shall continue the 16 11 implementation of a plan to divert low-risk offenders to the 16 12 least restrictive sanction available. 16 13 i. For the department of corrections for the assistance 16 14 and support of each judicial district department of 16 15 correctional services, the following amount, or so much 16 16 thereof as is necessary: 16 17 .................................................. $ 83,576 16 18 j. For the department of corrections for the assistance 16 19 and support of the judicial district departments of 16 20 correctional services for use in implementing the requirements 16 21 for inmate hard labor, the following amount, or so much 16 22 thereof as is necessary: 16 23 .................................................. $ 100,000 16 24 2. The department of corrections shall continue to 16 25 contract with a judicial district department of correctional 16 26 services to provide for the rental of electronic monitoring 16 27 equipment which shall be available statewide. 16 28 3. Each judicial district department of correctional 16 29 services and the department of corrections shall continue the 16 30 treatment alternatives to street crime programs established in 16 31 1989 Iowa Acts, chapter 225, section 9. 16 32 4. The governor's alliance on substance abuse shall 16 33 consider federal grants made to the department of corrections 16 34 for the benefit of each of the eight judicial district 16 35 departments of correctional services as local government 17 1 grants, as defined pursuant to federal regulations. 17 2 5. Each judicial district department of correctional 17 3 services shall provide a report concerning the treatment and 17 4 supervision of probation and parole violators who have been 17 5 released from the department of corrections violator program, 17 6 to the co-chairpersons and ranking members of the joint 17 7 appropriations subcommittee on the justice system and the 17 8 legislative fiscal bureau, on or before January 15, 1997. 17 9 6. It is the intent of the general assembly that each 17 10 judicial district department of correctional services shall 17 11 operate the community-based correctional facilities in a 17 12 manner which provides for a residential population of at least 17 13 110 percent of the design capacity of the facility. 17 14 7. In addition to the requirements of section 8.39, the 17 15 department of corrections shall not make an intradepartmental 17 16 transfer of moneys appropriated to the department, unless 17 17 notice of the intradepartmental transfer is given prior to its 17 18 effective date to the legislative fiscal bureau. The notice 17 19 shall include information on the department's rationale for 17 20 making the transfer and details concerning the work load and 17 21 performance measures upon which the transfers are based. 17 22 Sec. 9. JUDICIAL DEPARTMENT. There is appropriated from 17 23 the general fund of the state to the judicial department for 17 24 the fiscal year beginning July 1, 1996, and ending June 30, 17 25 1997, the following amounts, or so much thereof as is 17 26 necessary, to be used for the purposes designated: 17 27 1. For salaries of supreme court justices, appellate court 17 28 judges, district court judges, district associate judges, 17 29 judicial magistrates and staff, state court administrator, 17 30 clerk of the supreme court, district court administrators, 17 31 clerks of the district court, trial court supervisors, trial 17 32 court technicians II, financial supervisors I and II, juvenile 17 33 court officers, board of law examiners and board of examiners 17 34 of shorthand reporters and judicial qualifications commission, 17 35 receipt and disbursement of child support payments, 18 1 reimbursement of the auditor of state for expenses incurred in 18 2 completing audits of the offices of the clerks of the district 18 3 court during the fiscal year beginning July 1, 1996, and 18 4 maintenance, equipment, and miscellaneous purposes: 18 5 ................................................. $ 90,815,119 18 6 a. The judicial department, except for purposes of 18 7 internal processing, shall use the current state budget 18 8 system, the state payroll system, and the Iowa finance and 18 9 accounting system in administration of programs and payments 18 10 for services, and shall not duplicate the state payroll, 18 11 accounting, and budgeting systems. 18 12 b. The judicial department shall submit monthly financial 18 13 statements to the legislative fiscal bureau and the department 18 14 of management containing all appropriated accounts in the same 18 15 manner as provided in the monthly financial status reports and 18 16 personal services usage reports of the department of revenue 18 17 and finance. The monthly financial statements shall include a 18 18 comparison of the dollars and percentage spent of budgeted 18 19 versus actual revenues and expenditures on a cumulative basis 18 20 for full-time equivalent positions and dollars. 18 21 c. It is the intent of the general assembly that counties 18 22 installing new telephone systems shall provide those systems 18 23 to all judicial department offices within the county at no 18 24 cost. 18 25 d. Of the funds appropriated in this subsection, not more 18 26 than $1,897,728 may be transferred into the revolving fund 18 27 established pursuant to section 602.1302, subsection 3, to be 18 28 used for the payment of jury and witness fees and mileage. 18 29 e. The funds appropriated in this subsection shall not be 18 30 used to expand the applications of the Iowa court information 18 31 system for purposes other than those for which the system is 18 32 currently used. The judicial department shall focus efforts 18 33 upon the collection of delinquent fines, penalties, court 18 34 costs, fees, surcharges, or similar amounts. The judicial 18 35 department shall report to the co-chairpersons and ranking 19 1 members of the joint appropriations subcommittee on the 19 2 justice system and the legislative fiscal bureau, on or before 19 3 January 15, 1997, concerning the completion of the 19 4 department's communication and information management system. 19 5 f. It is the intent of the general assembly that the 19 6 offices of the clerks of the district court operate in all 19 7 ninety-nine counties and be accessible to the public as much 19 8 as is reasonably possible in order to address the relative 19 9 needs of the citizens of each county. 19 10 g. The judicial department shall use a portion of the 19 11 funds appropriated in this subsection for educating and 19 12 training the appropriate court personnel in alternative 19 13 dispute resolution techniques. 19 14 h. In addition to the requirements for transfers under 19 15 section 8.39, the judicial department shall not change the 19 16 appropriations from the amounts appropriated to the department 19 17 in this Act, unless notice of the revisions is given prior to 19 18 their effective date to the legislative fiscal bureau. The 19 19 notice shall include information on the department's rationale 19 20 for making the changes and details concerning the work load 19 21 and performance measures upon which the changes are based. 19 22 i. The judicial department shall provide a report 19 23 semiannually to the co-chairpersons and ranking members of the 19 24 joint appropriations subcommittee on the justice system and to 19 25 the legislative fiscal bureau specifying the amounts of fines, 19 26 surcharges, and court costs collected using the Iowa court 19 27 information system. The report shall demonstrate and specify 19 28 how the Iowa court information system is used to improve the 19 29 collection process. 19 30 A report required by this paragraph shall be made by 19 31 January 15, 1997, for the counties added to the Iowa court 19 32 information system during the 1995-1996 fiscal year, and by 19 33 January 15, 1998, for the additional counties added to the 19 34 system by this Act, indicating whether the counties have 19 35 reduced uncollected court fines and fees by 50 percent as a 20 1 result of being added to the system. 20 2 j. Of the funds appropriated in this subsection, the 20 3 judicial department shall use not more than $108,999 for an 20 4 additional 3.00 district court judges as provided in this 20 5 paragraph: 20 6 (1) Beginning January 1, 1997, one additional district 20 7 court judge is authorized and shall be assigned to a judicial 20 8 election district in the fifth judicial district as determined 20 9 by the chief judge of the fifth judicial district. 20 10 (2) Beginning June 1, 1997, one additional district court 20 11 judge is authorized and shall be assigned to a judicial 20 12 election district in the fifth judicial district as determined 20 13 by the chief judge of the fifth judicial district. 20 14 (3) Beginning June 1, 1997, one additional district court 20 15 judge is authorized and shall be assigned to a judicial 20 16 election district in the second judicial district as 20 17 determined by the chief judge of the second judicial district. 20 18 k. Of the funds appropriated in this subsection, the 20 19 judicial department shall use $297,833 for an additional 4 20 20 juvenile court officers, 3 juvenile court specialists, and 3 20 21 clerical workers. 20 22 l. Of the funds appropriated in this subsection, the 20 23 judicial department shall use $140,000 to increase the salary 20 24 of all associate juvenile judges and associate probate judges. 20 25 m. Of the funds appropriated in this subsection, the 20 26 judicial department shall use $174,000 for an additional 4.75 20 27 FTEs for the expansion of the court-appointed special advocate 20 28 program. 20 29 n. The judicial department shall provide a report to the 20 30 general assembly by January 1, 1997, concerning the amounts 20 31 received and expended from the enhanced court collections fund 20 32 created in section 602.1304 during the fiscal year beginning 20 33 July 1, 1995, and ending June 30, 1996, and the plans for 20 34 expenditures during the fiscal year beginning July 1, 1996, 20 35 and ending June 30, 1997. 21 1 2. For the juvenile victim restitution program: 21 2 .................................................. $ 155,396 21 3 Sec. 10. COURT TECHNOLOGY AND MODERNIZATION FUND – 21 4 DISTRIBUTION. Of the moneys collected and deposited in the 21 5 court technology and modernization fund established in section 21 6 602.8108, $468,800 deposited in the fund in the fiscal year 21 7 beginning July 1, 1996, shall be expended for the 21 8 implementation of a records management program in the clerk of 21 9 court offices using imaging and CD-ROM technology. 21 10 Sec. 11. ENHANCED COURT COLLECTIONS FUND – DISTRIBUTION. 21 11 Of the moneys collected and deposited in the enhanced court 21 12 collections fund created in section 602.1304, the first 21 13 $857,500 deposited in the fund in the fiscal year beginning 21 14 July 1, 1996, shall be expended for use by the Iowa court 21 15 information system. 21 16 Sec. 12. JUDICIAL RETIREMENT FUND. There is appropriated 21 17 from the general fund of the state to the judicial retirement 21 18 fund for the fiscal year beginning July 1, 1996, and ending 21 19 June 30, 1997, the following amount, or so much thereof as is 21 20 necessary, to be used for the purpose designated: 21 21 For the state's contribution to the judicial retirement 21 22 fund established in section 602.9104, in the amount of 23.7 21 23 percent of the basic salaries of the judges covered under 21 24 chapter 602, article 9: 21 25 .................................................. $ 3,726,422 21 26 Sec. 13. INDIGENT DEFENSE COSTS. The supreme court shall 21 27 submit a written report for the preceding fiscal year no later 21 28 than January 1, 1997, indicating the amounts collected 21 29 pursuant to section 815.9A, relating to recovery of indigent 21 30 defense costs. The report shall include the total amount 21 31 collected by all courts, as well as the amounts collected by 21 32 each judicial district. The supreme court shall also submit a 21 33 written report quarterly indicating the number of criminal and 21 34 juvenile filings which occur in each judicial district for 21 35 purposes of estimating indigent defense costs. A copy of each 22 1 report shall be provided to the public defender, the 22 2 department of management, and the legislative fiscal bureau. 22 3 The judicial department shall continue to assist in the 22 4 development of an automated data system for use in the sharing 22 5 of information utilizing the generic program interface for 22 6 legislative and executive branch uses. 22 7 Sec. 14. AUTOMATED DATA SYSTEM. The department of 22 8 corrections, judicial district departments of correctional 22 9 services, board of parole, and the judicial department shall 22 10 continue to develop an automated data system for use in the 22 11 sharing of information between the department of corrections, 22 12 judicial district departments of correctional services, board 22 13 of parole, and the judicial department. The information to be 22 14 shared shall concern any individual who may, as the result of 22 15 an arrest or infraction of any law, be subject to the 22 16 jurisdiction of the department of corrections, judicial 22 17 district departments of correctional services, or board of 22 18 parole. The department of corrections, in consultation and 22 19 cooperation with the judicial district departments of 22 20 correctional services, the board of parole, and the judicial 22 21 department, shall provide a report concerning the development 22 22 of the automated data system to the co-chairpersons and 22 23 ranking members of the joint appropriations subcommittee on 22 24 the justice system and the legislative fiscal bureau, on or 22 25 before January 15, 1997. 22 26 Sec. 15. CORRECTIONAL INSTITUTIONS – VOCATIONAL TRAINING. 22 27 The state prison industries board and the department of 22 28 corrections shall continue the implementation of a plan to 22 29 enhance vocational training opportunities within the 22 30 correctional institutions listed in section 904.102, as 22 31 provided in 1993 Iowa Acts, chapter 171, section 12. The plan 22 32 shall provide for increased vocational training opportunities 22 33 within the correctional institutions, including the 22 34 possibility of approving community college credit for inmates 22 35 working in prison industries. The department of corrections 23 1 shall provide a report concerning the implementation of the 23 2 plan to the co-chairpersons and ranking members of the joint 23 3 appropriations subcommittee on the justice system and the 23 4 legislative fiscal bureau, on or before January 15, 1997. 23 5 It is the intent of the general assembly that each 23 6 correctional facility make all reasonable efforts to maintain 23 7 vocational education programs for inmates and to identify 23 8 available funding sources to continue these programs. The 23 9 department of corrections shall submit a report to the general 23 10 assembly by January 1, 1997, concerning the efforts made by 23 11 each correctional facility in maintaining vocational education 23 12 programs for inmates. 23 13 Sec. 16. APPROPRIATIONS TO THE DEPARTMENT OF CORRECTIONS 23 14 – MONEYS ENCUMBERED – PRIORITIES. 23 15 1. Notwithstanding any other provision of law to the 23 16 contrary, moneys appropriated to the department of corrections 23 17 pursuant to 1995 Iowa Acts, chapter 207, sections 4, 5, and 6, 23 18 shall be considered encumbered pursuant to section 8.33, and 23 19 shall not revert to the general fund of the state at the end 23 20 of the fiscal year commencing July 1, 1995. As used in this 23 21 section, unless the context otherwise requires, "encumbered 23 22 funds" means the moneys appropriated to the department of 23 23 corrections pursuant to 1995 Iowa Acts, chapter 207, sections 23 24 4, 5, and 6, which would otherwise revert to the general fund 23 25 of the state after the end of the fiscal year in which the 23 26 moneys were appropriated, but for the prohibition contained in 23 27 this section. 23 28 2. The department of corrections shall use encumbered 23 29 funds in the fiscal year commencing July 1, 1996, to fund up 23 30 to an additional 50 FTEs for the employment of correctional 23 31 officers in the correctional institutions specified in section 23 32 904.102, and to purchase surveillance cameras and other 23 33 necessary surveillance or safety equipment for use in 23 34 correctional institutions. The full-time equivalent positions 23 35 provided in this section for the employment of correctional 24 1 officers and the funding provided for the purchase of 24 2 equipment are in addition to any full-time equivalent 24 3 positions or equipment funded in section 6 of this Act. The 24 4 department of corrections shall use its discretion in 24 5 distributing the additional correctional officers and 24 6 equipment throughout the correctional facilities. The 24 7 department of corrections shall file a report with the 24 8 department of management concerning correctional officer 24 9 positions filled and critically needed safety equipment 24 10 purchased from encumbered funds provided under this section. 24 11 If the department is able to fund an additional 50 FTEs for 24 12 the employment of correctional officers pursuant to this 24 13 section and to purchase all critically needed safety 24 14 equipment, any remaining funds shall be unencumbered and shall 24 15 revert to the general fund of the state at the end of the 24 16 fiscal year commencing July 1, 1996. 24 17 Sec. 17. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 24 18 1. As used in this section, unless the context otherwise 24 19 requires, "state agency" means the government of the state of 24 20 Iowa, including but not limited to all executive departments, 24 21 agencies, boards, bureaus, and commissions, the judicial 24 22 department, the general assembly and all legislative agencies, 24 23 institutions within the purview of the state board of regents, 24 24 and any corporation whose primary function is to act as an 24 25 instrumentality of the state. 24 26 2. State agencies are hereby encouraged to purchase 24 27 products from Iowa state industries, as defined in section 24 28 904.802, when purchases are required and the products are 24 29 available from Iowa state industries. 24 30 Sec. 18. STATE PUBLIC DEFENDER. There is appropriated 24 31 from the general fund of the state to the office of the state 24 32 public defender of the department of inspections and appeals 24 33 for the fiscal year beginning July 1, 1996, and ending June 24 34 30, 1997, the following amounts, or so much thereof as is 24 35 necessary, for the purposes designated, and for not more than 25 1 the following full-time equivalent positions: 25 2 1. For salaries, support, maintenance, and miscellaneous 25 3 purposes: 25 4 .................................................. $ 10,681,867 25 5 ............................................... FTEs 189.00 25 6 2. For court-appointed attorney fees for indigent adults 25 7 and juveniles, notwithstanding section 232.141 and chapter 25 8 815: 25 9 .................................................. $ 17,475,074 25 10 Sec. 19. IOWA LAW ENFORCEMENT ACADEMY. There is 25 11 appropriated from the general fund of the state to the Iowa 25 12 law enforcement academy for the fiscal year beginning July 1, 25 13 1996, and ending June 30, 1997, the following amounts, or so 25 14 much thereof as is necessary, to be used for the purposes 25 15 designated: 25 16 1. For salaries, support, maintenance, miscellaneous 25 17 purposes, including jailer training and technical assistance, 25 18 and for not more than the following full-time equivalent 25 19 positions: 25 20 ................................................. $ 1,068,418 25 21 .............................................. FTEs 24.00 25 22 It is the intent of the general assembly that the Iowa law 25 23 enforcement academy use its own equipment for copying and 25 24 printing to the maximum extent possible to reduce the costs for 25 25 these services. 25 26 2. For salaries, support, maintenance, and miscellaneous 25 27 purposes to provide statewide coordination of the drug abuse 25 28 resistance education (D.A.R.E.) program: 25 29 .................................................. $ 30,000 25 30 3. The Iowa law enforcement academy may annually select at 25 31 least five automobiles of the department of public safety, 25 32 division of highway safety, uniformed force, and radio 25 33 communications, prior to turning over the automobiles to the 25 34 state vehicle dispatcher to be disposed of by public auction 25 35 and the Iowa law enforcement academy may exchange any 26 1 automobile owned by the academy for each automobile selected 26 2 if the selected automobile is used in training law enforcement 26 3 officers at the academy. However, any automobile exchanged by 26 4 the academy shall be substituted for the selected vehicle of 26 5 the department of public safety and sold by public auction 26 6 with the receipts being deposited in the depreciation fund to 26 7 the credit of the department of public safety, division of 26 8 highway safety, uniformed force, and radio communications. 26 9 Sec. 20. DEPARTMENT OF PUBLIC DEFENSE. There is 26 10 appropriated from the general fund of the state to the 26 11 department of public defense for the fiscal year beginning 26 12 July 1, 1996, and ending June 30, 1997, the following amounts, 26 13 or so much thereof as is necessary, to be used for the 26 14 purposes designated: 26 15 1. MILITARY DIVISION 26 16 For salaries, support, maintenance, miscellaneous purposes, 26 17 and for not more than the following full-time equivalent 26 18 positions: 26 19 .................................................. $ 3,910,339 26 20 ............................................... FTEs 221.26 26 21 If there is a surplus in the general fund of the state for 26 22 the fiscal year ending June 30, 1997, within 60 days after the 26 23 closing of the fiscal year, the military division may incur up 26 24 to an additional $500,000 in expenditures from the surplus 26 25 prior to transfer of the surplus pursuant to section 8.57. 26 26 2. EMERGENCY MANAGEMENT DIVISION 26 27 For salaries, support, maintenance, miscellaneous purposes, 26 28 and for not more than the following full-time equivalent 26 29 positions: 26 30 .................................................. $ 523,971 26 31 ............................................... FTEs 14.60 26 32 Sec. 21. DEPARTMENT OF PUBLIC SAFETY. There is 26 33 appropriated from the general fund of the state to the 26 34 department of public safety for the fiscal year beginning July 26 35 1, 1996, and ending June 30, 1997, the following amounts, or 27 1 so much thereof as is necessary, to be used for the purposes 27 2 designated: 27 3 1. For the department's administrative functions, 27 4 including the medical examiner's office and the criminal 27 5 justice information system, and for not more than the 27 6 following full-time equivalent positions: 27 7 ................................................. $ 2,171,438 27 8 .............................................. FTEs 38.80 27 9 2. a. For the division of criminal investigation and 27 10 bureau of identification including the state's contribution to 27 11 the peace officers' retirement, accident, and disability 27 12 system provided in chapter 97A in the amount of 18 percent of 27 13 the salaries for which the funds are appropriated, to meet 27 14 federal fund matching requirements, and for not more than the 27 15 following full-time equivalent positions: 27 16 ................................................. $ 9,392,619 27 17 .............................................. FTEs 190.00 27 18 b. In addition to the funds appropriated in paragraph "a", 27 19 for overtime costs for employees of the division of criminal 27 20 investigation and bureau of identification: 27 21 ................................................. $ 100,000 27 22 The department of public safety, with the approval of the 27 23 department of management, may employ no more than two special 27 24 agents and four gaming enforcement officers for each 27 25 additional riverboat regulated after March 31, 1996. One 27 26 additional gaming enforcement officer, up to a total of four 27 27 per boat, may be employed for each riverboat that has extended 27 28 operations to 24 hours and has not previously operated with a 27 29 24-hour schedule. Positions authorized in this paragraph are 27 30 in addition to the full-time equivalent positions authorized 27 31 in this subsection. 27 32 3. a. For the division of narcotics enforcement, 27 33 including the state's contribution to the peace officers' 27 34 retirement, accident, and disability system provided in 27 35 chapter 97A in the amount of 18 percent of the salaries for 28 1 which the funds are appropriated, to meet federal fund 28 2 matching requirements, and for not more than the following 28 3 full-time equivalent positions: 28 4 ................................................. $ 2,519,162 28 5 .............................................. FTEs 41.00 28 6 b. For the division of narcotics enforcement for 28 7 undercover purchases: 28 8 ................................................. $ 139,202 28 9 4. For the state fire marshal's office, including the 28 10 state's contribution to the peace officers' retirement, 28 11 accident, and disability system provided in chapter 97A in the 28 12 amount of 18 percent of the salaries for which the funds are 28 13 appropriated, and for not more than the following full-time 28 14 equivalent positions: 28 15 ................................................. $ 1,458,161 28 16 .............................................. FTEs 31.80 28 17 5. For the capitol security division, including the 28 18 state's contribution to the peace officers' retirement, 28 19 accident, and disability system provided in chapter 97A in the 28 20 amount of 18 percent of the salaries for which the funds are 28 21 appropriated and for not more than the following full-time 28 22 equivalent positions: 28 23 .................................................. $ 1,207,304 28 24 ............................................... FTEs 27.00 28 25 6. An employee of the department of public safety who 28 26 retires after July 1, 1996, but prior to June 30, 1997, is 28 27 eligible for payment of life or health insurance premiums as 28 28 provided for in the collective bargaining agreement covering 28 29 the public safety bargaining unit at the time of retirement if 28 30 that employee previously served in a position which would have 28 31 been covered by the agreement. The employee shall be given 28 32 credit for the service in that prior position as though it 28 33 were covered by that agreement. The provisions of this 28 34 paragraph shall not operate to reduce any retirement benefits 28 35 an employee may have earned under other collective bargaining 29 1 agreements or retirement programs. 29 2 7. For costs associated with the training of volunteer 29 3 fire fighters: 29 4 .................................................. $ 875,000 29 5 8. For the state medical examiner, for the purpose of 29 6 establishing an office of the state medical examiner within 29 7 the department of public safety, and for not more than the 29 8 following full-time equivalent positions: 29 9 .................................................. $ 332,500 29 10 ............................................... FTEs 4.00 29 11 Any fees collected by the department of public safety for 29 12 autopsies performed by the office of the state medical 29 13 examiner shall be deposited in the general fund of the state. 29 14 Sec. 22. HIGHWAY SAFETY PATROL FUND. There is 29 15 appropriated from the highway safety patrol fund created in 29 16 section 80.41 to the division of highway safety, uniformed 29 17 force, and radio communications of the department of public 29 18 safety, for the fiscal year beginning July 1, 1996, and ending 29 19 June 30, 1997, the following amount, or so much thereof as is 29 20 necessary, to be used for the purposes designated: 29 21 1. For salaries, support, maintenance, workers' 29 22 compensation costs, and miscellaneous purposes, including the 29 23 state's contribution to the peace officers' retirement, 29 24 accident, and disability system provided in chapter 97A in the 29 25 amount of 18 percent of the salaries for which the funds are 29 26 appropriated, and for not more than the following full-time 29 27 equivalent positions: 29 28 .............................................. ... $ 34,396,129 29 29 ............................................... FTEs 566.00 29 30 It is the intent of the general assembly that, of the funds 29 31 appropriated in this subsection, the division shall expend the 29 32 amount necessary to provide the state match for adding twelve 29 33 state troopers through the federal community-oriented policing 29 34 services program. It is the intent of the general assembly 29 35 that once federal moneys for this program end, the division 30 1 shall present proposals to the governor and the general 30 2 assembly for continued funding of the state troopers described 30 3 in this paragraph and for consideration of reducing the number 30 4 of state troopers through attrition, by the same number as the 30 5 number of troopers added through the federal program. 30 6 2. The division of highway safety, uniformed force, and 30 7 radio communications may expend an amount proportional to the 30 8 costs that are reimbursable from the highway safety patrol 30 9 fund created in section 80.41. Spending for these costs may 30 10 occur from any unappropriated funds in the state treasury upon 30 11 a finding by the department of management that all of the 30 12 amounts requested and approved are reimbursable from the 30 13 highway safety patrol fund. Upon payment to the highway 30 14 safety patrol fund, the division of highway safety, uniformed 30 15 force, and radio communications shall credit the payments 30 16 necessary to reimburse the state treasury. 30 17 3. For payment to the department of personnel for expenses 30 18 incurred in administering the merit system on behalf of the 30 19 division of highway safety, uniformed force, and radio 30 20 communications: 30 21 .................................................. $ 66,293 30 22 Sec. 23. DEPARTMENT OF CORRECTIONS – CORRECTIONAL 30 23 FACILITY. The department of corrections shall construct a 30 24 750-bed medium security correctional facility for men. Bonds 30 25 shall be issued under the provisions of sections 16.177 and 30 26 602.8108A to finance the construction of the facility. The 30 27 cost of constructing the facility, exclusive of financing 30 28 costs, shall not exceed $36,000,000. 30 29 Notwithstanding any provisions of section 18.6 to the 30 30 contrary, the department of corrections may consider the 30 31 prison construction projects authorized by 1995 Iowa Acts, 30 32 chapter 202, section 9, and this section, as one project for 30 33 the purposes of bidding, negotiating, and entering into 30 34 professional services contracts for the authorized prison 30 35 construction. 31 1 Sec. 24. DEPARTMENT OF CORRECTIONS – FORT MADISON 31 2 CORRECTIONAL FACILITY – CELLHOUSE 17 RENOVATION. The 31 3 department of corrections shall renovate cellhouse 17 at the 31 4 Fort Madison correctional facility. Bonds shall be issued 31 5 under the provisions of sections 16.177 and 602.8108A to 31 6 finance the renovation of the facility. The cost of planning, 31 7 developing, and renovating cellhouse 17, exclusive of 31 8 financing costs, shall not exceed $6,500,000. 31 9 Sec. 25. NEW SECTION. 13.32 VETERANS ADVOCATE. 31 10 The attorney general shall appoint an attorney to the 31 11 office of veterans advocate. The veterans advocate is to be 31 12 housed in the office of the attorney general. The advocate 31 13 shall be an honorably discharged member of the armed forces of 31 14 the United States. The advocate's term of office is for four 31 15 years. The term begins and ends in the same manner as set 31 16 forth in section 69.19. 31 17 Sec. 26. NEW SECTION. 13.33 DUTIES OF VETERANS ADVOCATE. 31 18 The veterans advocate shall do all of the following: 31 19 1. Assist the commission of veterans affairs created in 31 20 section 35A.2 in the carrying out of its duties. 31 21 2. Assist the veterans of the state in obtaining the 31 22 benefits to which they are entitled. 31 23 3. Assist the veterans of the state in gaining admission 31 24 to the Iowa veterans home in a timely manner. 31 25 4. Provide assistance to the county commissions of 31 26 veterans affairs created in chapter 35B in the carrying out of 31 27 their duties. 31 28 Sec. 27. NEW SECTION. 13.34 LEGAL SERVICES FOR PERSONS 31 29 IN POVERTY GRANT PROGRAM. 31 30 1. For the purposes of this section, "eligible individual" 31 31 means an individual or household with an annual income which 31 32 is less than one hundred twenty-five percent of the poverty 31 33 guidelines established by the United States office of 31 34 management and budget. The attorney general shall contract 31 35 with an eligible nonprofit organization to provide legal 32 1 assistance to eligible individuals in poverty. The contract 32 2 shall be awarded within thirty days after May 30, 1996. The 32 3 contract may be terminated by the attorney general after a 32 4 hearing upon written notice and for good cause. 32 5 2. A nonprofit organization must comply with all of the 32 6 following to be eligible for a contract under this section: 32 7 a. Be a nonprofit organization incorporated in this state. 32 8 b. Has lost or will lose funding due to a reduction in 32 9 federal funding for the legal services corporation for federal 32 10 fiscal year 1995-1996. 32 11 c. Employ attorneys admitted to practice before the Iowa 32 12 supreme court and the United States district courts. 32 13 d. Employ attorneys and staff qualified to address legal 32 14 problems experienced by eligible individuals. 32 15 3. The contracting nonprofit organization shall do all of 32 16 the following: 32 17 a. Offer direct representation of eligible individuals in 32 18 litigation and administrative cases, in accordance with 32 19 priorities established by the organizations board. 32 20 b. Offer technical support to eligible individuals. 32 21 c. Involve private attorneys through volunteer lawyer 32 22 projects to represent eligible individuals. 32 23 d. Utilize, to the fullest extent feasible, existing 32 24 resources of accredited law schools within this state to 32 25 provide consulting assistance to attorneys in the practice of 32 26 law in their representation of persons in poverty. 32 27 e. Assist, to the fullest extent feasible, accredited law 32 28 schools within this state in enhancing the schools' expertise 32 29 in the practice of law representing persons in poverty so that 32 30 all attorneys within the state will have a resource available 32 31 to provide training and experience in the practice of law 32 32 representing persons in poverty. 32 33 f. Cooperate, to the fullest extent feasible, with 32 34 existing informational and referral networks among persons in 32 35 poverty, providers of assistance to persons in poverty, and 33 1 others concerned with assistance to persons in poverty. 33 2 4. The contracting nonprofit organization is not a state 33 3 agency for the purposes of chapters 19A, 20, and 669. 33 4 5. An individual is eligible to obtain legal 33 5 representation and legal assistance from the contracting 33 6 nonprofit organization if the eligible individual meets all of 33 7 the following criteria: 33 8 a. The eligible individual is a resident of this state. 33 9 b. The eligible individual is financially unable to 33 10 acquire legal assistance, in accordance with criteria 33 11 established by the organization's board. 33 12 Sec. 28. Section 37.10, unnumbered paragraph 1, Code 1995, 33 13 is amended to read as follows: 33 14 Each commissioner shall be an honorably discharged soldier, 33 15 sailor, marine, airman, or coast guard member and be a 33 16 resident of thecitycounty in which the memorial hall or 33 17 monument is locatedor live within the county if the memorial33 18hall or monument is located outside of a city or is a joint33 19memorial as provided in this chapter. 33 20 Sec. 29. Section 602.1304, subsection 2, paragraph c, Code 33 21 Supplement 1995, is amended to read as follows: 33 22 c. Moneys in the collections fund shall be used by the 33 23 judicial department for the Iowa court information system; 33 24 records management equipment, services, and projects; 33 25 electronic legal research equipment, systems, and projects; 33 26 and the study, development, and implementation of other 33 27 technological improvements, innovations, and projects that 33 28 would improve the administration of justice. The moneys in 33 29 the collection fund may also be used for capital improvements 33 30 necessitated by the installation or connection with the Iowa 33 31 court information system, the Iowa communications network, and 33 32 other technological improvements approved by the department. 33 33 Sec. 30. Section 602.6201, subsection 10, Code Supplement 33 34 1995, is amended to read as follows: 33 35 10. Notwithstanding the formula for determining the number 34 1 of judgeships in this section, the number of district judges 34 2 shall not exceed one hundredeighteleven during the period 34 3 commencing July 1,19951996. 34 4 Sec. 31. Section 602.8108, subsection 3, Code 1995, is 34 5 amended by adding the following new paragraph: 34 6 NEW PARAGRAPH. c. Notwithstanding provisions of this 34 7 subsection to the contrary, all moneys collected from the drug 34 8 abuse resistance education surcharge provided in section 911.2 34 9 shall be remitted to the treasurer of state for deposit in the 34 10 general fund of the state and the amount deposited is 34 11 appropriated to the Iowa law enforcement academy for use by 34 12 the drug abuse resistance education program. 34 13 Sec. 32. Section 602.8108A, subsection 1, Code Supplement 34 14 1995, is amended to read as follows: 34 15 602.8108A PRISON INFRASTRUCTURE FUND. 34 16 1. The Iowa prison infrastructure fund is created and 34 17 established as a separate and distinct fund in the state 34 18 treasury. Notwithstanding any other provision of this chapter 34 19 to the contrary, the first eight million dollars and, 34 20 beginning July 1, 1997, the first nine million five hundred 34 21 thousand dollars, of moneys remitted to the treasurer of state 34 22 from fines, fees, costs, and forfeited bail collected by the 34 23 clerks of the district court in criminal cases, including 34 24 those collected for both scheduled and nonscheduled 34 25 violations, collected in each fiscal year commencing with the 34 26 fiscal year beginning July 1, 1995, shall be deposited in the 34 27 fund. Interest and other income earned by the fund shall be 34 28 deposited in the fund. If the treasurer of state determines 34 29 pursuant to 1994 Iowa Acts, chapter 1196, that bonds can be 34 30 issued pursuant to this section and section 16.177, then the 34 31 moneys in the fund are appropriated to and for the purpose of 34 32 paying the principal of, premium, if any, and interest on 34 33 bonds issued by the Iowa finance authority under section 34 34 16.177. Except as otherwise provided in subsection 2, amounts 34 35 in the funds shall not be subject to appropriation for any 35 1 purpose by the general assembly, but shall be used only for 35 2 the purposes set forth in this section. The treasurer of 35 3 state shall act as custodian of the fund and disburse amounts 35 4 contained in it as directed by the department of corrections 35 5 including the automatic disbursement of funds pursuant to the 35 6 terms of bond indentures and documents and security provisions 35 7 to trustees and custodians. The treasurer of state is 35 8 authorized to invest the funds deposited in the fund subject 35 9 to any limitations contained in any applicable bond 35 10 proceedings. Any amounts remaining in the fund at the end of 35 11 each fiscal year shall be transferred to the general fund of 35 12 the state. 35 13 Sec. 33. Section 904.701, subsection 3, Code Supplement 35 14 1995, is amended to read as follows: 35 15 3. For purposes of this section, "hard labor" means 35 16 physical or mental labor which is performed for a period of 35 17 time which shall average, as nearly as possible, forty hours 35 18 each week, and may include useful and productive work, chain 35 19 gangs, menial labor,substance abuse or sex offendertreatment 35 20 or education programs, any training necessary to perform any 35 21 work required, and, if possible, work providing an inmate with 35 22 marketable vocational skills. "Hard labor" does not include 35 23 labor which is dangerous to an inmate's life or health, is 35 24 unduly painful, or is required to be performed under 35 25 conditions that would violate occupational safety and health 35 26 standards applicable to such labor if performed by a person 35 27 who is not an inmate. 35 28 Sec. 34. Section 911.2, unnumbered paragraph 1, Code 1995, 35 29 is amended to read as follows: 35 30 When a court imposes a fine or forfeiture for a violation 35 31 of a state law, or of a city or county ordinance except an 35 32 ordinance regulating the parking of motor vehicles, the court 35 33 shall assess an additional penalty in the form of a surcharge 35 34 equal to thirty percent of the fine or forfeiture imposed. An 35 35 additional drug abuse resistance education surcharge of five 36 1 dollars shall be assessed by the court if the violation arose 36 2 out of a violation of an offense provided for in chapter 321J 36 3 or chapter 124, division IV. In the event of multiple 36 4 offenses, the surcharge shall be based upon the total amount 36 5 of fines or forfeitures imposed for all offenses. When a fine 36 6 or forfeiture is suspended in whole or in part, the surcharge 36 7 shall be reduced in proportion to the amount suspended. 36 8 Sec. 35. Section 912.14, Code 1995, is amended to read as 36 9 follows: 36 10 912.14 VICTIM COMPENSATION FUND. 36 11 A victim compensation fund is established as a separate 36 12 fund in the state treasury. Moneys deposited in the fund 36 13 shall be administered by the department and dedicated to and 36 14 used for the purposes of section 709.10 and this chapter. In 36 15 addition, the department may use moneys from the fund for the 36 16 purposes of section 236.15 and for the award of funds to 36 17 programs that provide services and support to victims of 36 18 domestic abuse or sexual assault as provided in chapter 236. 36 19 Notwithstanding section 8.33, any balance in the fund on June 36 20 30 of any fiscal year shall not revert to the general fund of 36 21 the state. 36 22 Sec. 36. Section 912.6, Code Supplement 1995, is amended 36 23 by adding the following new subsection: 36 24 NEW SUBSECTION. 6A. In the event of a victim's death, 36 25 reasonable charges incurred for health care for the victim's 36 26 spouse, children, parents, siblings, or persons related by 36 27 blood or affinity to the victim not to exceed three thousand 36 28 dollars per survivor. 36 29 Sec. 37. LAW ENFORCEMENT TRAINING SUMMIT – STUDY. 36 30 1. The Iowa league of cities and the Iowa state 36 31 association of counties are requested to convene a law 36 32 enforcement training summit during the 1996 legislative 36 33 interim to examine modifications and alternatives to Iowa's 36 34 current regulations concerning law enforcement training and 36 35 resources provided for the training. It is requested that 37 1 participants in the summit include the Iowa police executive 37 2 forum, Iowa chiefs of police association, Iowa sheriffs and 37 3 deputies association, and other interested groups concerned 37 4 with law enforcement training. A report containing the 37 5 recommendations of the summit is requested to be provided to 37 6 the studies committee of the legislative council. 37 7 2. The legislative council is requested to create a study 37 8 committee to receive the report and recommendations of the law 37 9 enforcement training summit and to determine whether changes 37 10 should be made to Iowa's laws regarding law enforcement 37 11 training in Iowa. 37 12 Sec. 38. INTERIM STUDY COMMITTEE. The legislative council 37 13 is requested to authorize an interim study committee 37 14 concerning the enforcement of activities on excursion gambling 37 15 boats. 37 16 Sec. 39. LOCAL CORRECTIONS INFRASTRUCTURE AND CRIME 37 17 PREVENTION TASK FORCE – REPORT – STUDY. 37 18 1. a. If money is appropriated for this purpose, the 37 19 office of the attorney general shall establish and chair a 37 20 state task force on local corrections infrastructure and crime 37 21 prevention. The state task force shall include representation 37 22 from the division of criminal and juvenile justice planning of 37 23 the department of human rights, the department of corrections, 37 24 the department of education, and the university of northern 37 25 Iowa's criminology program. 37 26 b. The office of the attorney general, in consultation 37 27 with the state task force, shall implement a public planning 37 28 process to assist in the formation of a local task force in 37 29 each judicial election district and to assist the task force 37 30 in developing recommendations and proposals for corrections, 37 31 juvenile justice, and school-based infrastructure projects. 37 32 The membership of each local task force shall include, but is 37 33 not limited to, representation from the department of 37 34 corrections, county sheriffs, police chiefs, district judges, 37 35 juvenile court judges, juvenile court officers, county 38 1 supervisors, city council members, criminal and juvenile 38 2 justice planning advisory council members, where applicable, 38 3 juvenile services providers, community-based correctional 38 4 program employees, county attorneys, and local school 38 5 officials. Each local task force shall submit a report of its 38 6 recommendations and proposals to the office of the attorney 38 7 general for consideration by the state task force. The report 38 8 shall take into consideration ongoing local or state 38 9 operational expenses related to any facility to be remodeled 38 10 or constructed under the recommendations of the report. Each 38 11 local task force shall also develop its recommendations in 38 12 coordination with other state and local planning initiatives. 38 13 c. Upon receipt of the reports of each local task force, 38 14 the state task force shall review the recommendations and 38 15 proposals in each report, make its own recommendations and 38 16 proposals based on these reports, and compile a report 38 17 containing the recommendations and proposals of each local 38 18 task force and the state task force which is requested to be 38 19 submitted to the studies committee of the legislative council 38 20 by December 1, 1996. 38 21 2. The legislative council is requested to create a study 38 22 committee to receive the report submitted by the state task 38 23 force on local corrections infrastructure and crime 38 24 prevention. The study committee shall review the report and 38 25 make recommendations concerning recommendations and proposals 38 26 for corrections, juvenile justice, and school-based 38 27 infrastructure projects, to include consideration of 38 28 establishing a grant program and funding mechanism for these 38 29 projects. The study committee shall submit a report of its 38 30 findings and recommendations to the general assembly by 38 31 January 1, 1997. 38 32 Sec. 40. TASK FORCE IMPLEMENTATION. There is appropriated 38 33 from the general fund of the state to the department of 38 34 justice, for the fiscal year beginning July 1, 1996, and 38 35 ending June 30, 1997, the following amount, or so much thereof 39 1 as is necessary, to be used for the purposes designated: 39 2 For retaining an independent consultant to provide 39 3 technical assistance and staffing associated with the 39 4 development of the programs of the state task force on local 39 5 corrections infrastructure and crime prevention as enacted by 39 6 this Act: 39 7 .................................................. $ 150,000 39 8 Sec. 41. EFFECTIVE DATES. 39 9 1. Section 1, subsections 3 and 4 of this Act, relating to 39 10 Iowa competition law or antitrust actions and to civil 39 11 consumer fraud actions, being deemed of immediate importance, 39 12 take effect upon enactment. 39 13 2. Section 16 of this Act, pertaining to the encumbrance 39 14 of certain moneys appropriated to the department of 39 15 corrections in the fiscal year commencing July 1, 1995, being 39 16 deemed of immediate importance, takes effect upon enactment. 39 17 3. Section 23 of this Act, authorizing the construction of 39 18 a 750-bed medium security correctional facility for men, being 39 19 deemed of immediate importance, takes effect upon enactment. 39 20 4. Section 32 of this Act, dealing with the Iowa prison 39 21 infrastructure fund, being deemed of immediate importance, 39 22 takes effect upon enactment. 39 23 HF 2472 39 24 ec/pk/25
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