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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 .................................................. $ 5,643,460 1 11 ............................................... FTEs 177.50 1 12 2. Prosecuting attorney training program for salaries, 1 13 support, maintenance, miscellaneous purposes, and for not more 1 14 than the following full-time equivalent positions: 1 15 .................................................. $ 133,759 1 16 ............................................... FTEs 4.00 1 17 a. In addition to the funds appropriated in this 1 18 subsection for the fiscal year beginning July 1, 1996, and 1 19 ending June 30, 1997, the attorney general shall provide up to 1 20 $41,000 in state matching funds from moneys retained by the 1 21 attorney general from property forfeited pursuant to section 1 22 809.13, for the prosecuting attorney training program, the 1 23 prosecuting intern program, or both. Counties participating 1 24 in the prosecuting intern program shall match the state funds. 1 25 b. In addition to the funds appropriated in this 1 26 subsection for the fiscal year beginning July 1, 1996, and 1 27 ending June 30, 1997, and the moneys retained by the attorney 1 28 general pursuant to paragraph "a", the attorney general shall 1 29 provide up to $10,000 in state matching funds from moneys 1 30 retained by the attorney general from property forfeited 1 31 pursuant to section 809.13, for the office of the prosecuting 1 32 attorneys training coordinator to use for continuation of the 1 33 domestic violence response enhancement program established in 1 34 accordance with 1992 Iowa Acts, chapter 1240, section 1, 1 35 subsection 2, paragraph "b". 2 1 c. The prosecuting attorneys training program shall use a 2 2 portion of the funds appropriated in this subsection for 2 3 educating and training prosecuting attorneys, as defined in 2 4 section 13A.1, in alternative dispute resolution techniques. 2 5 3. In addition to the funds appropriated in subsection 1, 2 6 there is appropriated from the general fund of the state to 2 7 the department of justice for the fiscal year beginning July 2 8 1, 1996, and ending June 30, 1997, an amount not exceeding 2 9 $200,000 to be used for the enforcement of the Iowa 2 10 competition law. The expenditure of the funds appropriated in 2 11 this subsection is contingent upon receipt by the general fund 2 12 of the state of an amount at least equal to either the 2 13 expenditures from damages awarded to the state or a political 2 14 subdivision of the state by a civil judgment under chapter 2 15 553, if the judgment authorizes the use of the award for 2 16 enforcement purposes or costs or attorneys fees awarded the 2 17 state in state or federal antitrust actions. However, if the 2 18 funds received as a result of these judgments are in excess of 2 19 $200,000, the excess funds shall not be appropriated to the 2 20 department of justice pursuant to this subsection. 2 21 4. In addition to the funds appropriated in subsection 1, 2 22 there is appropriated from the general fund of the state to 2 23 the department of justice for the fiscal year beginning July 2 24 1, 1996, and ending June 30, 1997, an amount not exceeding 2 25 $125,000 to be used for public education relating to consumer 2 26 fraud and for enforcement of section 714.16, and an amount not 2 27 exceeding $75,000 for investigation, prosecution, and consumer 2 28 education relating to consumer and criminal fraud against 2 29 older Iowans. The expenditure of the funds appropriated in 2 30 this subsection is contingent upon receipt by the general fund 2 31 of the state of an amount at least equal to the expenditures 2 32 from damages awarded to the state or a political subdivision 2 33 of the state by a civil consumer fraud judgment or settlement, 2 34 if the judgment or settlement authorizes the use of the award 2 35 for public education on consumer fraud. However, if the funds 3 1 received as a result of these judgments and settlements are in 3 2 excess of $200,000, the excess funds shall not be appropriated 3 3 to the department of justice pursuant to this subsection. 3 4 5. For victim assistance grants: 3 5 .................................................. $ 1,359,806 3 6 a. The funds appropriated in this subsection shall be used 3 7 to provide grants to care providers providing services to 3 8 crime victims of domestic abuse or to crime victims of rape 3 9 and sexual assault. 3 10 b. Notwithstanding section 8.33 or 8.39, any balance 3 11 remaining from the appropriation in this subsection shall not 3 12 revert to the general fund of the state but shall be available 3 13 for expenditure during the subsequent fiscal year for the same 3 14 purpose, and shall not be transferred to any other program. 3 15 6. For the GASA prosecuting attorney program and for not 3 16 more than the following full-time equivalent positions: 3 17 .................................................. $ 108,999 3 18 ............................................... FTEs 3.00 3 19 7. The balance of the victim compensation fund established 3 20 under section 912.14 may be used to provide salary and support 3 21 of not more than 9.00 FTEs and to provide maintenance for the 3 22 victim compensation functions of the department of justice. 3 23 8. The department of justice shall submit monthly 3 24 financial statements to the legislative fiscal bureau and the 3 25 department of management containing all appropriated accounts 3 26 in the same manner as provided in the monthly financial status 3 27 reports and personal services usage reports of the department 3 28 of revenue and finance. The monthly financial statements 3 29 shall include comparisons of the moneys and percentage spent 3 30 of budgeted to actual revenues and expenditures on a 3 31 cumulative basis for full-time equivalent positions and 3 32 available moneys. 3 33 9. a. The department of justice, in submitting budget 3 34 estimates pursuant to section 8.23, shall include a report of 3 35 funding from sources other than amounts appropriated directly 4 1 from the general fund of the state to the department of 4 2 justice or to the office of consumer advocate. These funding 4 3 sources shall include, but are not limited to, reimbursements 4 4 from other state agencies, commissions, boards, or similar 4 5 entities, and reimbursements from special funds or internal 4 6 accounts within the department of justice. The department of 4 7 justice shall report actual reimbursements for the fiscal year 4 8 commencing July 1, 1995, and actual and expected 4 9 reimbursements for the fiscal year commencing July 1, 1996. 4 10 b. The department of justice shall include the report 4 11 required under paragraph "a", as well as information regarding 4 12 any revisions occurring as a result of reimbursements actually 4 13 received or expected at a later date, in a report to the co- 4 14 chairpersons and ranking members of the joint appropriations 4 15 subcommittee on the justice system and the legislative fiscal 4 16 bureau. The department of justice shall submit the report on 4 17 or before January 15, 1997. 4 18 Sec. 2. DEPARTMENT OF JUSTICE – OBSCENITY ENFORCEMENT. 4 19 There is appropriated from the victim compensation fund 4 20 established in section 912.14 to the department of justice for 4 21 the fiscal year beginning July 1, 1996, and ending June 30, 4 22 1997, the following amount, or so much thereof as is 4 23 necessary, to be used for the purpose designated: 4 24 For establishing an antiobscenity enforcement unit within 4 25 the general office of attorney general, and for not more than 4 26 the following full-time equivalent positions: 4 27 .................................................. $ 110,000 4 28 ............................................... FTEs 2.00 4 29 The purpose of the appropriation provided in this section 4 30 is deemed to be a permissible purpose for the use of moneys of 4 31 the victim compensation fund as established under section 4 32 912.14. 4 33 Sec. 3. OFFICE OF CONSUMER ADVOCATE. There is 4 34 appropriated from the general fund of the state to the office 4 35 of consumer advocate of the department of justice for the 5 1 fiscal year beginning July 1, 1996, and ending June 30, 1997, 5 2 the following amount, or so much thereof as is necessary, to 5 3 be used for the purposes designated: 5 4 For salaries, support, maintenance, miscellaneous purposes, 5 5 and for not more than the following full-time equivalent 5 6 positions: 5 7 .................................................. $ 2,337,189 5 8 ............................................... FTEs 32.00 5 9 Sec. 4. BOARD OF PAROLE. There is appropriated from the 5 10 general fund of the state to the board of parole for the 5 11 fiscal year beginning July 1, 1996, and ending June 30, 1997, 5 12 the following amount, or so much thereof as is necessary, to 5 13 be used for the purposes designated: 5 14 For salaries, support, maintenance, including maintenance 5 15 of an automated docket and the board's automated risk 5 16 assessment model, employment of two statistical research 5 17 analysts to assist with the application of the risk assessment 5 18 model in the parole decision-making process, miscellaneous 5 19 purposes, and for not more than the following full-time 5 20 equivalent positions: 5 21 .................................................. $ 827,749 5 22 ............................................... FTEs 17.00 5 23 Sec. 5. DEPARTMENT OF CORRECTIONS – FACILITIES. There is 5 24 appropriated from the general fund of the state to the 5 25 department of corrections for the fiscal year beginning July 5 26 1, 1996, and ending June 30, 1997, the following amounts, or 5 27 so much thereof as is necessary, to be used for the purposes 5 28 designated: 5 29 1. For the operation of adult correctional institutions, 5 30 to be allocated as follows: 5 31 a. For the operation of the Fort Madison correctional 5 32 facility, including salaries, support, maintenance, employment 5 33 of correctional officers, miscellaneous purposes, and for not 5 34 more than the following full-time equivalent positions: 5 35 .................................................. $ 26,170,099 6 1 ............................................... FTEs 495.00 6 2 b. In addition to the funds appropriated in paragraph "a", 6 3 for the operation of cellhouse 17 of the Fort Madison 6 4 correctional facility, including salaries, support, 6 5 maintenance, employment of correctional officers, 6 6 miscellaneous purposes, and for not more than the following 6 7 full-time equivalent positions: 6 8 .................................................. $ 216,363 6 9 ............................................... FTEs 3.17 6 10 c. For the operation of the Anamosa correctional facility, 6 11 including salaries, support, maintenance, employment of 6 12 correctional officers and a part-time chaplain to provide 6 13 religious counseling to inmates of a minority race, 6 14 miscellaneous purposes, and for not more than the following 6 15 full-time equivalent positions: 6 16 .................................................. $ 19,955,506 6 17 ............................................... FTEs 372.75 6 18 Moneys are provided within this appropriation for two full- 6 19 time substance abuse counselors for the Luster Heights 6 20 facility, for the purpose of certification of a substance 6 21 abuse program at that facility. 6 22 d. For the operation of the Oakdale correctional facility, 6 23 including salaries, support, maintenance, employment of 6 24 correctional officers, miscellaneous purposes, and for not 6 25 more than the following full-time equivalent positions: 6 26 .................................................. $ 16,360,631 6 27 ............................................... FTEs 321.30 6 28 e. For the operation of the Newton correctional facility, 6 29 including salaries, support, maintenance, employment of 6 30 correctional officers, miscellaneous purposes, and for not 6 31 more than the following full-time equivalent positions: 6 32 .................................................. $ 10,233,775 6 33 ............................................... FTEs 154.28 6 34 f. For the operation of the Mt. Pleasant correctional 6 35 facility, including salaries, support, maintenance, employment 7 1 of correctional officers and a full-time chaplain to provide 7 2 religious counseling at the Oakdale and Mt. Pleasant 7 3 correctional facilities, miscellaneous purposes, and for not 7 4 more than the following full-time equivalent positions: 7 5 .................................................. $ 14,684,042 7 6 ............................................... FTEs 279.32 7 7 g. For the operation of the Rockwell City correctional 7 8 facility, including salaries, support, maintenance, employment 7 9 of correctional officers, miscellaneous purposes, and for not 7 10 more than the following full-time equivalent positions: 7 11 .................................................. $ 5,656,219 7 12 ............................................... FTEs 111.00 7 13 h. For the operation of the Clarinda correctional 7 14 facility, including salaries, support, maintenance, employment 7 15 of correctional officers, miscellaneous purposes, and for not 7 16 more than the following full-time equivalent positions: 7 17 .................................................. $ 14,467,836 7 18 ............................................... FTEs 246.00 7 19 Moneys received by the department of corrections as 7 20 reimbursement for services provided to the Clarinda youth 7 21 corporation are appropriated to the department and shall be 7 22 used for the purpose of operating the Clarinda correctional 7 23 facility. 7 24 i. For the operation of the Mitchellville correctional 7 25 facility, including salaries, support, maintenance, employment 7 26 of correctional officers, miscellaneous purposes, and for not 7 27 more than the following full-time equivalent positions: 7 28 .................................................. $ 6,477,098 7 29 ............................................... FTEs 132.00 7 30 2. a. If the inmate tort claim fund for inmate claims of 7 31 less than $50 is exhausted during the fiscal year, sufficient 7 32 funds shall be transferred from the institutional budgets to 7 33 pay approved tort claims for the balance of the fiscal year. 7 34 The warden or superintendent of each institution or 7 35 correctional facility shall designate an employee to receive, 8 1 investigate, and recommend whether to pay any properly filed 8 2 inmate tort claim for less than the above amount. The 8 3 designee's recommendation shall be approved or denied by the 8 4 warden or superintendent and forwarded to the department of 8 5 corrections for final approval and payment. The amounts 8 6 appropriated to this fund pursuant to 1987 Iowa Acts, chapter 8 7 234, section 304, subsection 2, are not subject to reversion 8 8 under section 8.33. 8 9 b. Tort claims denied at the institution shall be 8 10 forwarded to the state appeal board for their consideration as 8 11 if originally filed with that body. This procedure shall be 8 12 used in lieu of chapter 669 for inmate tort claims of less 8 13 than $50. 8 14 Sec. 6. DEPARTMENT OF CORRECTIONS – ADMINISTRATION. 8 15 There is appropriated from the general fund of the state to 8 16 the department of corrections for the fiscal year beginning 8 17 July 1, 1996, and ending June 30, 1997, the following amounts, 8 18 or so much thereof as is necessary, to be used for the 8 19 purposes designated: 8 20 1. For general administration, including salaries, 8 21 support, maintenance, employment of an education director and 8 22 clerk to administer a centralized education program for the 8 23 correctional system, miscellaneous purposes, and for not more 8 24 than the following full-time equivalent positions: 8 25 .................................................. $ 2,372,985 8 26 ............................................... FTEs 38.18 8 27 The department shall monitor the use of the classification 8 28 model by the judicial district departments of correctional 8 29 services and has the authority to override a district 8 30 department's decision regarding classification of community- 8 31 based clients. The department shall notify a district 8 32 department of the reasons for the override. 8 33 It is the intent of the general assembly that as a 8 34 condition of receiving the appropriation provided in this 8 35 subsection, the department of corrections shall not enter into 9 1 a new contract, unless the contract is a renewal of an 9 2 existing contract, for the expenditure of moneys in excess of 9 3 one hundred thousand dollars during the fiscal year beginning 9 4 July 1, 1996, for the privatization of services performed by 9 5 the department using state employees as of July 1, 1996, or 9 6 for the privatization of new services by the department, 9 7 without prior consultation with any applicable state employee 9 8 organization affected by the proposed new contract and prior 9 9 notification of the co-chairpersons and ranking members of the 9 10 joint appropriations subcommittee on the justice system. 9 11 2. For reimbursement of counties for temporary confinement 9 12 of work release and parole violators, as provided in sections 9 13 901.7, 904.908, and 906.17 and for offenders confined pursuant 9 14 to section 904.513: 9 15 .................................................. $ 237,038 9 16 3. For federal prison reimbursement, reimbursements for 9 17 out-of-state placements, and miscellaneous contracts: 9 18 .................................................. $ 341,334 9 19 The department of corrections shall use funds appropriated 9 20 by this subsection to continue to contract for the services of 9 21 a Muslim imam. 9 22 4. For salaries, support, maintenance, miscellaneous 9 23 purposes, and for not more than the following full-time 9 24 equivalent positions at the correctional training center at 9 25 Mt. Pleasant: 9 26 .................................................. $ 458,074 9 27 ............................................... FTEs 8.16 9 28 5. For annual payment relating to the financial 9 29 arrangement for the construction of expansion in prison 9 30 capacity as provided in 1989 Iowa Acts, chapter 316, section 9 31 7, subsection 6: 9 32 .................................................. $ 625,860 9 33 6. For annual payment relating to the financial 9 34 arrangement for the construction of expansion in prison 9 35 capacity as provided in 1990 Iowa Acts, chapter 1257, section 10 1 24: 10 2 .................................................. $ 3,179,500 10 3 7. For educational programs for inmates at state penal 10 4 institutions: 10 5 .................................................. $ 2,250,600 10 6 It is the intent of the general assembly that moneys 10 7 appropriated in this subsection shall be used solely for the 10 8 purpose indicated and that the moneys shall not be transferred 10 9 for any other purpose. 10 10 Notwithstanding section 8.33, moneys appropriated in this 10 11 subsection which remain unobligated or unexpended at the close 10 12 of the fiscal year shall not revert to the general fund of the 10 13 state but shall remain available only for the purposes 10 14 designated in this subsection in the succeeding fiscal year. 10 15 Sec. 7. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 10 16 SERVICES. 10 17 1. There is appropriated from the general fund of the 10 18 state to the department of corrections for the fiscal year 10 19 beginning July 1, 1996, and ending June 30, 1997, the 10 20 following amounts, or so much thereof as is necessary, to be 10 21 allocated as follows: 10 22 a. For the first judicial district department of 10 23 correctional services, including the treatment and supervision 10 24 of probation and parole violators who have been released from 10 25 the department of corrections violator program, the following 10 26 amount, or so much thereof as is necessary: 10 27 .................................................. $ 6,845,223 10 28 (1) The district department shall continue the intensive 10 29 supervision program established within the district in 1988 10 30 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 10 31 "a", and the sex offender treatment program established within 10 32 the district in 1989 Iowa Acts, chapter 316, section 8, 10 33 subsection 1, paragraph "a". 10 34 (2) The district department, in cooperation with the chief 10 35 judge of the judicial district, shall continue the 11 1 implementation of a plan to divert low-risk offenders to the 11 2 least restrictive sanction available. 11 3 b. For the second judicial district department of 11 4 correctional services, including the treatment and supervision 11 5 of probation and parole violators who have been released from 11 6 the department of corrections violator program, the following 11 7 amount, or so much thereof as is necessary: 11 8 .................................................. $ 5,632,043 11 9 (1) The district department shall continue the sex 11 10 offender treatment program established within the district in 11 11 1988 Iowa Acts, chapter 1271, section 6, subsection 1, 11 12 paragraph "b". 11 13 (2) The district department, in cooperation with the chief 11 14 judge of the judicial district, shall continue the 11 15 implementation of a plan to divert low-risk offenders to the 11 16 least restrictive sanction available. 11 17 c. For the third judicial district department of 11 18 correctional services, including the treatment and supervision 11 19 of probation and parole violators who have been released from 11 20 the department of corrections violator program, the following 11 21 amount, or so much thereof as is necessary: 11 22 .................................................. $ 3,384,385 11 23 (1) The district department shall continue the sex 11 24 offender treatment program established within the district in 11 25 1988 Iowa Acts, chapter 1271, section 6, subsection 1, 11 26 paragraph "c", and the intensive supervision program 11 27 established within the district in 1990 Iowa Acts, chapter 11 28 1268, section 6, subsection 3, paragraph "d". 11 29 (2) The district department, in cooperation with the chief 11 30 judge of the judicial district, shall continue the 11 31 implementation of a plan to divert low-risk offenders to the 11 32 least restrictive sanction available. 11 33 d. For the fourth judicial district department of 11 34 correctional services, including the treatment and supervision 11 35 of probation and parole violators who have been released from 12 1 the department of corrections violator program, the following 12 2 amount, or so much thereof as is necessary: 12 3 .................................................. $ 2,502,036 12 4 (1) The district department shall continue the sex 12 5 offender treatment program established within the district in 12 6 1988 Iowa Acts, chapter 1271, section 6, subsection 1, 12 7 paragraph "d". 12 8 (2) The district department, in cooperation with the chief 12 9 judge of the judicial district, shall continue the 12 10 implementation of a plan to divert low-risk offenders to the 12 11 least restrictive sanction available. 12 12 e. For the fifth judicial district department of 12 13 correctional services, including the treatment and supervision 12 14 of probation and parole violators who have been released from 12 15 the department of corrections violator program, the following 12 16 amount, or so much thereof as is necessary: 12 17 .................................................. $ 9,169,253 12 18 (1) The district department shall continue the intensive 12 19 supervision program established within the district in 1988 12 20 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 12 21 "e", and shall continue to provide for the rental of 12 22 electronic monitoring equipment. 12 23 (2) The district department, in cooperation with the chief 12 24 judge of the judicial district, shall continue the 12 25 implementation of a plan to divert low-risk offenders to the 12 26 least restrictive sanction available. 12 27 f. For the sixth judicial district department of 12 28 correctional services, including the treatment and supervision 12 29 of probation and parole violators who have been released from 12 30 the department of corrections violator program, the following 12 31 amount, or so much thereof as is necessary: 12 32 .................................................. $ 7,118,005 12 33 (1) The district department shall continue the intensive 12 34 supervision program established within the district in 1988 12 35 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 13 1 "f", and the sex offender treatment program established within 13 2 the district in 1989 Iowa Acts, chapter 316, section 8, 13 3 subsection 1, paragraph "f". 13 4 (2) The district department, in cooperation with the chief 13 5 judge of the judicial district, shall continue the 13 6 implementation of a plan to divert low-risk offenders to the 13 7 least restrictive sanction available. 13 8 (3) The district department shall continue the 13 9 implementation of a plan providing for the expanded use of 13 10 intermediate criminal sanctions, as provided in 1993 Iowa 13 11 Acts, chapter 171, section 6, subsection 1, paragraph "f", 13 12 subparagraph (3). 13 13 g. For the seventh 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 .................................................. $ 4,486,275 13 19 (1) The district department shall continue the intensive 13 20 supervision program established within the district in 1988 13 21 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 13 22 "g", and shall continue the sex offender treatment program 13 23 established within the district in 1989 Iowa Acts, chapter 13 24 316, section 8, subsection 1, paragraph "g". 13 25 (2) The district department shall continue the job 13 26 development program established within the district in 1990 13 27 Iowa Acts, chapter 1268, section 6, subsection 7, paragraph 13 28 "e". 13 29 (3) The district department, in cooperation with the chief 13 30 judge of the judicial district, shall continue the 13 31 implementation of a plan to divert low-risk offenders to the 13 32 least restrictive sanction available. 13 33 h. For the eighth judicial district department of 13 34 correctional services, including the treatment and supervision 13 35 of probation and parole violators who have been released from 14 1 the department of corrections violator program, the following 14 2 amount, or so much thereof as is necessary: 14 3 .................................................. $ 4,061,536 14 4 (1) The district department shall continue the intensive 14 5 supervision program established within the district in 1988 14 6 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 14 7 "h", and shall continue the sex offender treatment program 14 8 established within the district in 1989 Iowa Acts, chapter 14 9 316, section 8, subsection 1, paragraph "h". 14 10 (2) The district department, in cooperation with the chief 14 11 judge of the judicial district, shall continue the 14 12 implementation of a plan to divert low-risk offenders to the 14 13 least restrictive sanction available. 14 14 i. For the department of corrections for the assistance 14 15 and support of each judicial district department of 14 16 correctional services, the following amount, or so much 14 17 thereof as is necessary: 14 18 .................................................. $ 83,576 14 19 2. The department of corrections shall continue to 14 20 contract with a judicial district department of correctional 14 21 services to provide for the rental of electronic monitoring 14 22 equipment which shall be available statewide. 14 23 3. Each judicial district department of correctional 14 24 services and the department of corrections shall continue the 14 25 treatment alternatives to street crime programs established in 14 26 1989 Iowa Acts, chapter 225, section 9. 14 27 4. The governor's alliance on substance abuse shall 14 28 consider federal grants made to the department of corrections 14 29 for the benefit of each of the eight judicial district 14 30 departments of correctional services as local government 14 31 grants, as defined pursuant to federal regulations. 14 32 5. Each judicial district department of correctional 14 33 services shall provide a report concerning the treatment and 14 34 supervision of probation and parole violators who have been 14 35 released from the department of corrections violator program, 15 1 to the co-chairpersons and ranking members of the joint 15 2 appropriations subcommittee on the justice system and the 15 3 legislative fiscal bureau, on or before January 15, 1997. 15 4 6. It is the intent of the general assembly that each 15 5 judicial district department of correctional services shall 15 6 operate the community-based correctional facilities in a 15 7 manner which provides for a residential population of at least 15 8 110 percent of the design capacity of the facility. 15 9 7. In addition to the requirements of section 8.39, the 15 10 department of corrections shall not make an intradepartmental 15 11 transfer of moneys appropriated to the department, unless 15 12 notice of the intradepartmental transfer is given prior to its 15 13 effective date to the legislative fiscal bureau. The notice 15 14 shall include information on the department's rationale for 15 15 making the transfer and details concerning the work load and 15 16 performance measures upon which the transfers are based. 15 17 Sec. 8. JUDICIAL DEPARTMENT. There is appropriated from 15 18 the general fund of the state to the judicial department for 15 19 the fiscal year beginning July 1, 1996, and ending June 30, 15 20 1997, the following amounts, or so much thereof as is 15 21 necessary, to be used for the purposes designated: 15 22 1. For salaries of supreme court justices, appellate court 15 23 judges, district court judges, district associate judges, 15 24 judicial magistrates and staff, state court administrator, 15 25 clerk of the supreme court, district court administrators, 15 26 clerks of the district court, trial court supervisors, trial 15 27 court technicians II, financial supervisors I and II, juvenile 15 28 court officers, board of law examiners and board of examiners 15 29 of shorthand reporters and judicial qualifications commission, 15 30 receipt and disbursement of child support payments, 15 31 reimbursement of the auditor of state for expenses incurred in 15 32 completing audits of the offices of the clerks of the district 15 33 court during the fiscal year beginning July 1, 1996, and 15 34 maintenance, equipment, and miscellaneous purposes: 15 35 .................................................. $ 90,094,287 16 1 a. The judicial department, except for purposes of 16 2 internal processing, shall use the current state budget 16 3 system, the state payroll system, and the Iowa finance and 16 4 accounting system in administration of programs and payments 16 5 for services, and shall not duplicate the state payroll, 16 6 accounting, and budgeting systems. 16 7 b. The judicial department shall submit monthly financial 16 8 statements to the legislative fiscal bureau and the department 16 9 of management containing all appropriated accounts in the same 16 10 manner as provided in the monthly financial status reports and 16 11 personal services usage reports of the department of revenue 16 12 and finance. The monthly financial statements shall include a 16 13 comparison of the dollars and percentage spent of budgeted 16 14 versus actual revenues and expenditures on a cumulative basis 16 15 for full-time equivalent positions and dollars. 16 16 c. It is the intent of the general assembly that counties 16 17 installing new telephone systems shall provide those systems 16 18 to all judicial department offices within the county at no 16 19 cost. 16 20 d. Of the funds appropriated in this subsection, not more 16 21 than $1,897,728 may be transferred into the revolving fund 16 22 established pursuant to section 602.1302, subsection 3, to be 16 23 used for the payment of jury and witness fees and mileage. 16 24 e. The funds appropriated in this subsection shall not be 16 25 used to expand the applications of the Iowa court information 16 26 system for purposes other than those for which the system is 16 27 currently used. The judicial department shall focus efforts 16 28 upon the collection of delinquent fines, penalties, court 16 29 costs, fees, surcharges, or similar amounts. The judicial 16 30 department shall report to the co-chairpersons and ranking 16 31 members of the joint appropriations subcommittee on the 16 32 justice system and the legislative fiscal bureau, on or before 16 33 January 15, 1997, concerning the completion of the 16 34 department's communication and information management system. 16 35 f. It is the intent of the general assembly that the 17 1 offices of the clerks of the district court operate in all 17 2 ninety-nine counties and be accessible to the public as much 17 3 as is reasonably possible in order to address the relative 17 4 needs of the citizens of each county. 17 5 g. The judicial department shall use a portion of the 17 6 funds appropriated in this subsection for educating and 17 7 training the appropriate court personnel in alternative 17 8 dispute resolution techniques. 17 9 h. In addition to the requirements for transfers under 17 10 section 8.39, the judicial department shall not change the 17 11 appropriations from the amounts appropriated to the department 17 12 in this Act, unless notice of the revisions is given prior to 17 13 their effective date to the legislative fiscal bureau. The 17 14 notice shall include information on the department's rationale 17 15 for making the changes and details concerning the work load 17 16 and performance measures upon which the changes are based. 17 17 i. The judicial department shall provide a report 17 18 semiannually to the co-chairpersons and ranking members of the 17 19 joint appropriations subcommittee on the justice system and to 17 20 the legislative fiscal bureau specifying the amounts of fines, 17 21 surcharges, and court costs collected using the Iowa court 17 22 information system. The report shall demonstrate and specify 17 23 how the Iowa court information system is used to improve the 17 24 collection process. 17 25 A report required by this paragraph shall be made by 17 26 January 15, 1997, for the counties added to the Iowa court 17 27 information system during the 1995-1996 fiscal year, and by 17 28 January 15, 1998, for the additional counties added to the 17 29 system by this Act, indicating whether the counties have 17 30 reduced uncollected court fines and fees by 50 percent as a 17 31 result of being added to the system. 17 32 2. For the juvenile victim restitution program: 17 33 .................................................. $ 155,396 17 34 Sec. 9. COURT TECHNOLOGY AND MODERNIZATION FUND – 17 35 DISTRIBUTION. Of the moneys collected and deposited in the 18 1 court technology and modernization fund established in section 18 2 602.8108, the first $468,800 deposited in the fund in the 18 3 fiscal year beginning July 1, 1996, shall be expended for the 18 4 implementation of a records management program in the clerk of 18 5 court offices using imaging and CD-ROM technology. 18 6 Sec. 10. ENHANCED COURT COLLECTIONS FUND – DISTRIBUTION. 18 7 Of the moneys collected and deposited in the enhanced court 18 8 collections fund created in section 602.1304, the first 18 9 $857,500 deposited in the fund in the fiscal year beginning 18 10 July 1, 1996, shall be expended for use by the Iowa court 18 11 information system. 18 12 Sec. 11. JUDICIAL RETIREMENT FUND. There is appropriated 18 13 from the general fund of the state to the judicial retirement 18 14 fund for the fiscal year beginning July 1, 1996, and ending 18 15 June 30, 1997, the following amount, or so much thereof as is 18 16 necessary, to be used for the purpose designated: 18 17 For the state's contribution to the judicial retirement 18 18 fund established in section 602.9104, in the amount of 23.7 18 19 percent of the basic salaries of the judges covered under 18 20 chapter 602, article 9: 18 21 .................................................. $ 3,726,422 18 22 Sec. 12. INDIGENT DEFENSE COSTS. The supreme court shall 18 23 submit a written report for the preceding fiscal year no later 18 24 than January 1, 1997, indicating the amounts collected 18 25 pursuant to section 815.9A, relating to recovery of indigent 18 26 defense costs. The report shall include the total amount 18 27 collected by all courts, as well as the amounts collected by 18 28 each judicial district. The supreme court shall also submit a 18 29 written report quarterly indicating the number of criminal and 18 30 juvenile filings which occur in each judicial district for 18 31 purposes of estimating indigent defense costs. A copy of each 18 32 report shall be provided to the public defender, the 18 33 department of management, and the legislative fiscal bureau. 18 34 The judicial department shall continue to assist in the 18 35 development of an automated data system for use in the sharing 19 1 of information utilizing the generic program interface for 19 2 legislative and executive branch uses. 19 3 Sec. 13. AUTOMATED DATA SYSTEM. The department of 19 4 corrections, judicial district departments of correctional 19 5 services, board of parole, and the judicial department shall 19 6 continue to develop an automated data system for use in the 19 7 sharing of information between the department of corrections, 19 8 judicial district departments of correctional services, board 19 9 of parole, and the judicial department. The information to be 19 10 shared shall concern any individual who may, as the result of 19 11 an arrest or infraction of any law, be subject to the 19 12 jurisdiction of the department of corrections, judicial 19 13 district departments of correctional services, or board of 19 14 parole. The department of corrections, in consultation and 19 15 cooperation with the judicial district departments of 19 16 correctional services, the board of parole, and the judicial 19 17 department, shall provide a report concerning the development 19 18 of the automated data system to the co-chairpersons and 19 19 ranking members of the joint appropriations subcommittee on 19 20 the justice system and the legislative fiscal bureau, on or 19 21 before January 15, 1997. 19 22 Sec. 14. CORRECTIONAL INSTITUTIONS – VOCATIONAL TRAINING. 19 23 The state prison industries board and the department of 19 24 corrections shall continue the implementation of a plan to 19 25 enhance vocational training opportunities within the 19 26 correctional institutions listed in section 904.102, as 19 27 provided in 1993 Iowa Acts, chapter 171, section 12. The plan 19 28 shall provide for increased vocational training opportunities 19 29 within the correctional institutions, including the 19 30 possibility of approving community college credit for inmates 19 31 working in prison industries. The department of corrections 19 32 shall provide a report concerning the implementation of the 19 33 plan to the co-chairpersons and ranking members of the joint 19 34 appropriations subcommittee on the justice system and the 19 35 legislative fiscal bureau, on or before January 15, 1997. 20 1 It is the intent of the general assembly that each 20 2 correctional facility make all reasonable efforts to maintain 20 3 vocational education programs for inmates and to identify 20 4 available funding sources to continue these programs. 20 5 Sec. 15. APPROPRIATIONS TO THE DEPARTMENT OF CORRECTIONS 20 6 – MONEYS ENCUMBERED – PRIORITIES. 20 7 1. Notwithstanding any other provision of law to the 20 8 contrary, moneys appropriated to the department of corrections 20 9 pursuant to 1995 Iowa Acts, chapter 207, sections 4, 5, and 6, 20 10 shall be considered encumbered pursuant to section 8.33, and 20 11 shall not revert to the general fund of the state at the end 20 12 of the fiscal year commencing July 1, 1995. As used in this 20 13 section, unless the context otherwise requires, "encumbered 20 14 funds" means the moneys appropriated to the department of 20 15 corrections pursuant to 1995 Iowa Acts, chapter 207, sections 20 16 4, 5, and 6, which would otherwise revert to the general fund 20 17 of the state after the end of the fiscal year in which the 20 18 moneys were appropriated, but for the prohibition contained in 20 19 this section. 20 20 2. The department of corrections shall use encumbered 20 21 funds in the fiscal year commencing July 1, 1996, to fund up 20 22 to an additional 50 FTEs for the employment of correctional 20 23 officers in the correctional institutions specified in section 20 24 904.102, and to purchase surveillance cameras and other 20 25 necessary surveillance or safety equipment for use in 20 26 correctional institutions. The full-time equivalent positions 20 27 provided in this section for the employment of correctional 20 28 officers and the funding provided for the purchase of 20 29 equipment are in addition to any full-time equivalent 20 30 positions or equipment funded in section 5 of this Act. The 20 31 department of corrections shall use its discretion in 20 32 distributing the additional correctional officers and 20 33 equipment throughout the correctional facilities. The 20 34 department of corrections shall file a report with the 20 35 department of management concerning correctional officer 21 1 positions filled and critically needed safety equipment 21 2 purchased from encumbered funds provided under this section. 21 3 If the department is able to fund an additional 50 FTEs for 21 4 the employment of correctional officers pursuant to this 21 5 section and to purchase all critically needed safety 21 6 equipment, any remaining funds shall be unencumbered and shall 21 7 revert to the general fund of the state at the end of the 21 8 fiscal year commencing July 1, 1996. 21 9 Sec. 16. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 21 10 1. As used in this section, unless the context otherwise 21 11 requires, "state agency" means the government of the state of 21 12 Iowa, including but not limited to all executive departments, 21 13 agencies, boards, bureaus, and commissions, the judicial 21 14 department, the general assembly and all legislative agencies, 21 15 institutions within the purview of the state board of regents, 21 16 and any corporation whose primary function is to act as an 21 17 instrumentality of the state. 21 18 2. State agencies are hereby encouraged to purchase 21 19 products from Iowa state industries, as defined in section 21 20 904.802, when purchases are required and the products are 21 21 available from Iowa state industries. 21 22 Sec. 17. STATE PUBLIC DEFENDER. There is appropriated 21 23 from the general fund of the state to the office of the state 21 24 public defender of the department of inspections and appeals 21 25 for the fiscal year beginning July 1, 1996, and ending June 21 26 30, 1997, the following amounts, or so much thereof as is 21 27 necessary, for the purposes designated, and for not more than 21 28 the following full-time equivalent positions: 21 29 1. For salaries, support, maintenance, and miscellaneous 21 30 purposes: 21 31 .................................................. $ 10,681,867 21 32 ............................................... FTEs 189.00 21 33 2. For court-appointed attorney fees for indigent adults 21 34 and juveniles, notwithstanding section 232.141 and chapter 21 35 815: 22 1 .................................................. $ 17,475,074 22 2 Sec. 18. IOWA LAW ENFORCEMENT ACADEMY. There is 22 3 appropriated from the general fund of the state to the Iowa 22 4 law enforcement academy for the fiscal year beginning July 1, 22 5 1996, and ending June 30, 1997, the following amounts, or so 22 6 much thereof as is necessary, to be used for the purposes 22 7 designated: 22 8 1. For salaries, support, maintenance, miscellaneous 22 9 purposes, including jailer training and technical assistance, 22 10 and for not more than the following full-time equivalent 22 11 positions: 22 12 .................................................. $ 1,063,418 22 13 ............................................... FTEs 24.00 22 14 2. For salaries, support, maintenance, and miscellaneous 22 15 purposes to provide statewide coordination of the drug abuse 22 16 resistance education (D.A.R.E.) program: 22 17 .................................................. $ 30,000 22 18 3. The Iowa law enforcement academy may annually select at 22 19 least five automobiles of the department of public safety, 22 20 division of highway safety, uniformed force, and radio 22 21 communications, prior to turning over the automobiles to the 22 22 state vehicle dispatcher to be disposed of by public auction 22 23 and the Iowa law enforcement academy may exchange any 22 24 automobile owned by the academy for each automobile selected 22 25 if the selected automobile is used in training law enforcement 22 26 officers at the academy. However, any automobile exchanged by 22 27 the academy shall be substituted for the selected vehicle of 22 28 the department of public safety and sold by public auction 22 29 with the receipts being deposited in the depreciation fund to 22 30 the credit of the department of public safety, division of 22 31 highway safety, uniformed force, and radio communications. 22 32 Sec. 19. DEPARTMENT OF PUBLIC DEFENSE. There is 22 33 appropriated from the general fund of the state to the 22 34 department of public defense for the fiscal year beginning 22 35 July 1, 1996, and ending June 30, 1997, the following amounts, 23 1 or so much thereof as is necessary, to be used for the 23 2 purposes designated: 23 3 1. MILITARY DIVISION 23 4 For salaries, support, maintenance, miscellaneous purposes, 23 5 and for not more than the following full-time equivalent 23 6 positions: 23 7 .................................................. $ 3,910,339 23 8 ............................................... FTEs 221.26 23 9 If there is a surplus in the general fund of the state for 23 10 the fiscal year ending June 30, 1997, within 60 days after the 23 11 closing of the fiscal year, the military division may incur up 23 12 to an additional $500,000 in expenditures from the surplus 23 13 prior to transfer of the surplus pursuant to section 8.57. 23 14 2. EMERGENCY MANAGEMENT DIVISION 23 15 For salaries, support, maintenance, miscellaneous purposes, 23 16 and for not more than the following full-time equivalent 23 17 positions: 23 18 .................................................. $ 523,971 23 19 ............................................... FTEs 14.60 23 20 Sec. 20. DEPARTMENT OF PUBLIC SAFETY. There is 23 21 appropriated from the general fund of the state to the 23 22 department of public safety for the fiscal year beginning July 23 23 1, 1996, and ending June 30, 1997, the following amounts, or 23 24 so much thereof as is necessary, to be used for the purposes 23 25 designated: 23 26 1. For the department's administrative functions, 23 27 including the medical examiner's office and the criminal 23 28 justice information system, and for not more than the 23 29 following full-time equivalent positions: 23 30 .................................................. $ 2,201,438 23 31 ............................................... FTEs 39.80 23 32 2. a. For the division of criminal investigation and 23 33 bureau of identification including the state's contribution to 23 34 the peace officers' retirement, accident, and disability 23 35 system provided in chapter 97A in the amount of 18 percent of 24 1 the salaries for which the funds are appropriated, to meet 24 2 federal fund matching requirements, and for not more than the 24 3 following full-time equivalent positions: 24 4 .................................................. $ 9,462,619 24 5 ............................................... FTEs 191.00 24 6 b. In addition to the funds appropriated in paragraph "a", 24 7 for overtime costs for employees of the division of criminal 24 8 investigation and bureau of identification: 24 9 .................................................. $ 100,000 24 10 The department of public safety, with the approval of the 24 11 department of management, may employ no more than two special 24 12 agents and four gaming enforcement officers for each 24 13 additional riverboat regulated after March 31, 1996. One 24 14 additional gaming enforcement officer, up to a total of four 24 15 per boat, may be employed for each riverboat that has extended 24 16 operations to 24 hours and has not previously operated with a 24 17 24-hour schedule. Positions authorized in this paragraph are 24 18 in addition to the full-time equivalent positions authorized 24 19 in this subsection. 24 20 3. a. For the division of narcotics enforcement, 24 21 including the state's contribution to the peace officers' 24 22 retirement, accident, and disability system provided in 24 23 chapter 97A in the amount of 18 percent of the salaries for 24 24 which the funds are appropriated, to meet federal fund 24 25 matching requirements, and for not more than the following 24 26 full-time equivalent positions: 24 27 .................................................. $ 2,519,162 24 28 ............................................... FTEs 41.00 24 29 b. For the division of narcotics enforcement for 24 30 undercover purchases: 24 31 .................................................. $ 139,202 24 32 4. For the state fire marshal's office, including the 24 33 state's contribution to the peace officers' retirement, 24 34 accident, and disability system provided in chapter 97A in the 24 35 amount of 18 percent of the salaries for which the funds are 25 1 appropriated, and for not more than the following full-time 25 2 equivalent positions: 25 3 .................................................. $ 1,458,161 25 4 ............................................... FTEs 31.80 25 5 5. For the capitol security division, including the 25 6 state's contribution to the peace officers' retirement, 25 7 accident, and disability system provided in chapter 97A in the 25 8 amount of 18 percent of the salaries for which the funds are 25 9 appropriated and for not more than the following full-time 25 10 equivalent positions: 25 11 .................................................. $ 1,207,304 25 12 ............................................... FTEs 27.00 25 13 6. An employee of the department of public safety who 25 14 retires after July 1, 1996, but prior to June 30, 1997, is 25 15 eligible for payment of life or health insurance premiums as 25 16 provided for in the collective bargaining agreement covering 25 17 the public safety bargaining unit at the time of retirement if 25 18 that employee previously served in a position which would have 25 19 been covered by the agreement. The employee shall be given 25 20 credit for the service in that prior position as though it 25 21 were covered by that agreement. The provisions of this 25 22 paragraph shall not operate to reduce any retirement benefits 25 23 an employee may have earned under other collective bargaining 25 24 agreements or retirement programs. 25 25 7. For costs associated with the maintenance of the 25 26 automated fingerprint information system (AFIS): 25 27 .................................................. $ 222,155 25 28 Sec. 21. HIGHWAY SAFETY PATROL FUND. There is 25 29 appropriated from the highway safety patrol fund created in 25 30 section 80.41 to the division of highway safety, uniformed 25 31 force, and radio communications of the department of public 25 32 safety, for the fiscal year beginning July 1, 1996, and ending 25 33 June 30, 1997, the following amount, or so much thereof as is 25 34 necessary, to be used for the purposes designated: 25 35 1. For salaries, support, maintenance, workers' 26 1 compensation costs, and miscellaneous purposes, including the 26 2 state's contribution to the peace officers' retirement, 26 3 accident, and disability system provided in chapter 97A in the 26 4 amount of 18 percent of the salaries for which the funds are 26 5 appropriated, and for not more than the following full-time 26 6 equivalent positions: 26 7 .................................................. $ 33,719,610 26 8 ............................................... FTEs 554.00 26 9 2. The division of highway safety, uniformed force, and 26 10 radio communications may expend an amount proportional to the 26 11 costs that are reimbursable from the highway safety patrol 26 12 fund created in section 80.41. Spending for these costs may 26 13 occur from any unappropriated funds in the state treasury upon 26 14 a finding by the department of management that all of the 26 15 amounts requested and approved are reimbursable from the 26 16 highway safety patrol fund. Upon payment to the highway 26 17 safety patrol fund, the division of highway safety, uniformed 26 18 force, and radio communications shall credit the payments 26 19 necessary to reimburse the state treasury. 26 20 3. For payment to the department of personnel for expenses 26 21 incurred in administering the merit system on behalf of the 26 22 division of highway safety, uniformed force, and radio com- 26 23 munications: 26 24 .................................................. $ 66,293 26 25 Sec. 22. DEPARTMENT OF CORRECTIONS – CORRECTIONAL 26 26 FACILITY. The department of corrections shall construct a 26 27 750-bed medium security correctional facility for men. Bonds 26 28 shall be issued under the provisions of sections 16.177 and 26 29 602.8108A to finance the construction of the facility. The 26 30 cost of constructing the facility, exclusive of financing 26 31 costs, shall not exceed $36,000,000. 26 32 Sec. 23. DEPARTMENT OF CORRECTIONS – FORT MADISON 26 33 CORRECTIONAL FACILITY – CELLHOUSE 17 RENOVATION. The 26 34 department of corrections shall renovate cellhouse 17 at the 26 35 Fort Madison correctional facility. Bonds shall be issued 27 1 under the provisions of sections 16.177 and 602.8108A to 27 2 finance the renovation of the facility. The cost of planning, 27 3 developing, and renovating cellhouse 17, exclusive of 27 4 financing costs, shall not exceed $6,500,000. 27 5 Sec. 24. Section 99F.10, subsection 4, Code Supplement 27 6 1995, is amended to read as follows: 27 7 4. In determining the license fees and state admission 27 8 fees to be charged as provided under section 99F.4 and this 27 9 section, the commission shall use the amount appropriated to 27 10 the commission plus the cost of salaries for no more than two 27 11 special agents and no more than four gaming enforcement 27 12 officers for each excursion gambling boat for the division of 27 13 criminal investigation's excursion gambling boat activities as 27 14 the basis for determining the amount of revenue to be raised 27 15 from the license fees and admission fees. The division's 27 16 salary costs shall be limited tosixty-fiveeighty percent of 27 17 the salary costs for special agents andsixty-fiveeighty 27 18 percent of the salary costs for gaming enforcement for 27 19 personnel assigned to excursion gambling boats who enforce 27 20 laws and rules adopted by the commission. 27 21 Sec. 25. Section 602.1304, subsection 2, paragraph c, Code 27 22 Supplement 1995, is amended to read as follows: 27 23 c. Moneys in the collections fund shall be used by the 27 24 judicial department for the Iowa court information system; 27 25 records management equipment, services, and projects; 27 26 electronic legal research equipment, systems, and projects; 27 27 and the study, development, and implementation of other 27 28 technological improvements, innovations, and projects that 27 29 would improve the administration of justice. The moneys in 27 30 the collection fund may also be used for capital improvements 27 31 necessitated by the installation or connection with the Iowa 27 32 court information system, the Iowa communications network, and 27 33 other technological improvements approved by the department. 27 34 Sec. 26. Section 602.8108A, Code Supplement 1995, is 27 35 amended to read as follows: 28 1 602.8108A PRISON INFRASTRUCTURE FUND. 28 21.The Iowa prison infrastructure fund is created and 28 3 established as a separate and distinct fund in the state 28 4 treasury. Notwithstanding any other provision of this chapter 28 5 to the contrary, the first eight million dollars of moneys 28 6 remitted to the treasurer of state from fines, fees, costs, 28 7 and forfeited bail collected by the clerks of the district 28 8 court in criminal cases, including those collected for both 28 9 scheduled and nonscheduled violations, collected in each 28 10 fiscal year commencing with the fiscal year beginning July 1, 28 11 1995, shall be deposited in the fund. Interest and other 28 12 income earned by the fund shall be deposited in the fund. If 28 13 the treasurer of state determines pursuant to 1994 Iowa Acts, 28 14 chapter 1196, that bonds can be issued pursuant to this 28 15 section and section 16.177, then the moneys in the fund are 28 16 appropriated to and for the purpose of paying the principal 28 17 of, premium, if any, and interest on bonds issued by the Iowa 28 18 finance authority under section 16.177.Except as otherwise28 19provided in subsection 2Notwithstanding sections 8.33 and 28 20 8.39, amounts in the funds shall not revert or be transferred 28 21 to the general fund of the state, be used for any program not 28 22 designated in this section, or be subject to appropriation for 28 23 any purpose by the general assembly, but shall be used only 28 24 for the purposes set forth in this section. The treasurer of 28 25 state shall act as custodian of the fund and disburse amounts 28 26 contained in it as directed by the department of corrections 28 27 including the automatic disbursement of funds pursuant to the 28 28 terms of bond indentures and documents and security provisions 28 29 to trustees and custodians. The treasurer of state is 28 30 authorized to invest the funds deposited in the fund subject 28 31 to any limitations contained in any applicable bond 28 32 proceedings.Any amounts remaining in the fund at the end of28 33each fiscal year shall be transferred to the general fund.28 342. If the treasurer of state determines that bonds cannot28 35be issued pursuant to this section and section 16.177, the29 1treasurer of state shall deposit the moneys in the prison29 2infrastructure fund into the general fund of the state.29 3 Sec. 27. Section 904.701, subsection 3, Code Supplement 29 4 1995, is amended to read as follows: 29 5 3. For purposes of this section, "hard labor" means 29 6 physical or mental labor which is performed for a period of 29 7 time which shall average, as nearly as possible, forty hours 29 8 each week, and may include useful and productive work, chain 29 9 gangs, menial labor,substance abuse or sex offendertreatment 29 10 or education programs, any training necessary to perform any 29 11 work required, and, if possible, work providing an inmate with 29 12 marketable vocational skills. "Hard labor" does not include 29 13 labor which is dangerous to an inmate's life or health, is 29 14 unduly painful, or is required to be performed under 29 15 conditions that would violate occupational safety and health 29 16 standards applicable to such labor if performed by a person 29 17 who is not an inmate. 29 18 Sec. 28. 1995 Iowa Acts, chapter 220, section 20, 29 19 subsection 1, is amended to read as follows: 29 20 1. For the fiscal year beginning July 1, 1996, and ending 29 21 June 30, 1997,$9,000,000$8,830,870. 29 22 Sec. 29. LAW ENFORCEMENT TRAINING SUMMIT – STUDY. 29 23 1. The Iowa league of cities and the Iowa state 29 24 association of counties are requested to convene a law 29 25 enforcement training summit during the 1996 legislative 29 26 interim to examine modifications and alternatives to Iowa's 29 27 current regulations concerning law enforcement training and 29 28 resources provided for the training. It is requested that 29 29 participants in the summit include the Iowa police executive 29 30 forum, Iowa chiefs of police association, Iowa sheriffs and 29 31 deputies association, and other interested groups concerned 29 32 with law enforcement training. A report containing the 29 33 recommendations of the summit is requested to be provided to 29 34 the studies committee of the legislative council. 29 35 2. The legislative council is requested to create a study 30 1 committee to receive the report and recommendations of the law 30 2 enforcement training summit and to determine whether changes 30 3 should be made to Iowa's laws regarding law enforcement 30 4 training in Iowa. 30 5 Sec. 30. EFFECTIVE DATES. 30 6 1. Section 1, subsections 3 and 4 of this Act, relating to 30 7 Iowa competition law or antitrust actions and to civil 30 8 consumer fraud actions, being deemed of immediate importance, 30 9 take effect upon enactment. 30 10 2. Section 15 of this Act, pertaining to the encumbrance 30 11 of certain moneys appropriated to the department of correc- 30 12 tions in the fiscal year commencing July 1, 1995, being deemed 30 13 of immediate importance, takes effect upon enactment. 30 14 3. Section 22 of this Act, authorizing the construction of 30 15 a 750-bed medium security correctional facility for men, being 30 16 deemed of immediate importance, takes effect upon enactment. 30 17 4. Section 26 of this Act, dealing with the Iowa prison 30 18 infrastructure fund, being deemed of immediate importance, 30 19 takes effect upon enactment. 30 20 EXPLANATION 30 21 This bill makes appropriations for the 1996-1997 fiscal 30 22 year to the departments of justice, corrections, public 30 23 defense, and public safety, and the judicial department, the 30 24 Iowa law enforcement academy, and board of parole. 30 25 The bill also provides that moneys appropriated to the 30 26 department of corrections for the 1995-1996 fiscal year shall 30 27 not revert to the general fund. This provision takes effect 30 28 upon enactment. 30 29 The bill provides for an appropriation from the victim 30 30 compensation fund for the establishment of an antiobscenity 30 31 enforcement unit within the office of the attorney general. 30 32 The bill authorizes the department of corrections to 30 33 construct a 750-bed medium security correctional facility for 30 34 men with financing not to exceed $36 million. This 30 35 authorization takes effect upon enactment. 31 1 The bill authorizes the department of corrections to 31 2 renovate cellhouse 17 at the Fort Madison correctional 31 3 facility with the cost of renovation not to exceed $6.5 31 4 million. 31 5 The bill amends section 99F.10 to provide that, in 31 6 determining the license fees and state admission fees to be 31 7 charged for gambling boats as provided under sections 99F.4 31 8 and 99F.10, the commission shall consider 80 percent, rather 31 9 than the current 65 percent, of the salary costs of special 31 10 agents and gaming enforcement personnel assigned to gambling 31 11 boats. 31 12 The bill amends section 602.1304 to provide that the 31 13 judicial department is authorized to expend moneys from the 31 14 enhanced court collections fund for the Iowa court information 31 15 system, records management equipment, and other technological 31 16 projects as well as for capital improvements related to 31 17 technology. Current law provides that this fund be used 31 18 solely for the Iowa court information system. 31 19 The bill amends section 602.8108A, concerning the prison 31 20 infrastructure fund, to provide that any amounts remaining in 31 21 the fund at the end of a fiscal year shall not revert to the 31 22 general fund, shall not be transferred, and shall only be 31 23 used for the purposes provided in the section. This provision 31 24 takes effect upon enactment. 31 25 The bill amends section 904.701, regarding inmate hard 31 26 labor, to include education and all treatment programs in the 31 27 definition of hard labor. 31 28 The bill amends 1995 Iowa Acts to reduce the general fund 31 29 appropriation to the highway safety patrol fund for the 1996- 31 30 1997 fiscal year from $9 million to $8,830,870. 31 31 The bill also requests the Iowa league of cities and the 31 32 Iowa state association of counties to convene a law 31 33 enforcement training summit during the 1996 legislative 31 34 interim to examine law enforcement training and to submit a 31 35 report to the legislative council. The legislative council is 32 1 requested to establish an interim study committee concerning 32 2 the report of the summit and to consider changes to Iowa's 32 3 laws regarding law enforcement training in Iowa. 32 4 LSB 3388HA 76 32 5 ec/jw/5.2
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