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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, 1995, and ending 1 4 June 30, 1996, 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 .................................................. $ 5,242,801 1 11 ............................................... FTEs 177.50 1 12 It is the intent of the general assembly that the general 1 13 office of attorney general shall establish within the office a 1 14 farm services unit and a juvenile unit within the funds 1 15 appropriated in this subsection: 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 .................................................. $ 122,415 1 20 ............................................... FTEs 4.00 1 21 a. In addition to the funds appropriated in this 1 22 subsection for the fiscal year beginning July 1, 1995, and 1 23 ending June 30, 1996, 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, 1995, and 1 31 ending June 30, 1996, 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, 1995, and ending June 30, 1996, 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, 1995, and ending June 30, 1996, an amount not exceeding 2 29 $125,000 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 $200,000, 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 .................................................. $ 1,359,806 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 .................................................. $ 106,451 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 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, 1994, and actual and expected 4 13 reimbursements for the fiscal year commencing July 1, 1995. 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, 1996. 4 22 Sec. 2. OFFICE OF CONSUMER ADVOCATE. There is 4 23 appropriated from the general fund of the state to the office 4 24 of consumer advocate of the department of justice for the 4 25 fiscal year beginning July 1, 1995, and ending June 30, 1996, 4 26 the following amount, or so much thereof as is necessary, to 4 27 be used for the purposes designated: 4 28 For salaries, support, maintenance, miscellaneous purposes, 4 29 and for not more than the following full-time equivalent 4 30 positions: 4 31 .................................................. $ 2,155,779 4 32 ............................................... FTEs 32.00 4 33 Sec. 3. BOARD OF PAROLE. There is appropriated from the 4 34 general fund of the state to the board of parole for the 4 35 fiscal year beginning July 1, 1995, and ending June 30, 1996, 5 1 the following amount, or so much thereof as is necessary, to 5 2 be used for the purposes designated: 5 3 For salaries, support, maintenance, including maintenance 5 4 of an automated docket and the board's automated risk 5 5 assessment model, employment of two statistical research 5 6 analysts to assist with the application of the risk assessment 5 7 model in the parole decision-making process, miscellaneous 5 8 purposes, and for not more than the following full-time 5 9 equivalent positions: 5 10 .................................................. $ 805,400 5 11 ............................................... FTEs 17.00 5 12 The board of parole shall require the board's 5 13 administrative staff to be cross-trained to assure that each 5 14 individual on that staff is familiar with all tasks performed 5 15 by the staff. 5 16 Sec. 4. DEPARTMENT OF CORRECTIONS &endash; FACILITIES. There is 5 17 appropriated from the general fund of the state to the 5 18 department of corrections for the fiscal year beginning July 5 19 1, 1995, and ending June 30, 1996, the following amounts, or 5 20 so much thereof as is necessary, to be used for the purposes 5 21 designated: 5 22 1. For the operation of adult correctional institutions, 5 23 to be allocated as follows: 5 24 a. For the operation of the Fort Madison correctional 5 25 facility, including salaries, support, maintenance, employment 5 26 of 310 correctional officers, miscellaneous purposes, and for 5 27 not more than the following full-time equivalent positions: 5 28 .................................................. $ 25,528,267 5 29 ............................................... FTEs 494.00 5 30 b. For the operation of the Anamosa correctional facility, 5 31 including salaries, support, maintenance, employment of 222 5 32 correctional officers and a part-time chaplain to provide 5 33 religious counseling to inmates of a minority race, 5 34 miscellaneous purposes, and for not more than the following 5 35 full-time equivalent positions: 6 1 .................................................. $ 19,337,558 6 2 ............................................... FTEs 366.25 6 3 Moneys are provided within this appropriation for 2 full- 6 4 time substance abuse counselors for the Luster Heights 6 5 facility, for the purpose of certification of a substance 6 6 abuse program at that facility. 6 7 c. For the operation of the Oakdale correctional facility, 6 8 including salaries, support, maintenance, employment of 159 6 9 correctional officers, miscellaneous purposes, and for not 6 10 more than the following full-time equivalent positions: 6 11 .................................................. $ 15,966,313 6 12 ............................................... FTEs 321.80 6 13 d. For the operation of the Newton correctional facility, 6 14 including salaries, support, maintenance, employment of 44 6 15 correctional officers, miscellaneous purposes, and for not 6 16 more than the following full-time equivalent positions: 6 17 .................................................. $ 5,687,373 6 18 ............................................... FTEs 116.25 6 19 e. For the operation of the Mt. Pleasant correctional 6 20 facility, including salaries, support, maintenance, employment 6 21 of 150 correctional officers and a full-time chaplain to 6 22 provide religious counseling at the Oakdale and Mt. Pleasant 6 23 correctional facilities, miscellaneous purposes, and for not 6 24 more than the following full-time equivalent positions: 6 25 .................................................. $ 13,869,795 6 26 ............................................... FTEs 268.92 6 27 f. For the operation of the Rockwell City correctional 6 28 facility, including salaries, support, maintenance, employment 6 29 of 58 correctional officers, miscellaneous purposes, and for 6 30 not more than the following full-time equivalent positions: 6 31 .................................................. $ 5,510,246 6 32 ............................................... FTEs 111.00 6 33 g. For the operation of the Clarinda correctional 6 34 facility, including salaries, support, maintenance, employment 6 35 of 120.66 correctional officers, miscellaneous purposes, and 7 1 for not more than the following full-time equivalent 7 2 positions: 7 3 .................................................. $ 10,768,008 7 4 ............................................... FTEs 203.85 7 5 Moneys received by the department of corrections as 7 6 reimbursement for services provided to the Clarinda youth 7 7 corporation are appropriated to the department and shall be 7 8 used for the purpose of operating the Clarinda correctional 7 9 facility. 7 10 h. For the operation of the Mitchellville correctional 7 11 facility, including salaries, support, maintenance, employment 7 12 of 71.5 correctional officers, miscellaneous purposes, and for 7 13 not more than the following full-time equivalent positions: 7 14 .................................................. $ 6,288,619 7 15 ............................................... FTEs 132.00 7 16 2. a. If the inmate tort claim fund for inmate claims of 7 17 less than $50 is exhausted during the fiscal year, sufficient 7 18 funds shall be transferred from the institutional budgets to 7 19 pay approved tort claims for the balance of the fiscal year. 7 20 The warden or superintendent of each institution or 7 21 correctional facility shall designate an employee to receive, 7 22 investigate, and recommend whether to pay any properly filed 7 23 inmate tort claim for less than the above amount. The 7 24 designee's recommendation shall be approved or denied by the 7 25 warden or superintendent and forwarded to the department of 7 26 corrections for final approval and payment. The amounts 7 27 appropriated to this fund pursuant to 1987 Iowa Acts, chapter 7 28 234, section 304, subsection 2, are not subject to reversion 7 29 under section 8.33. 7 30 b. Tort claims denied at the institution shall be 7 31 forwarded to the state appeal board for their consideration as 7 32 if originally filed with that body. This procedure shall be 7 33 used in lieu of chapter 669 for inmate tort claims of less 7 34 than $50. 7 35 3. The department of corrections shall conduct a study to 8 1 compare the costs and consider the feasibility of leasing an 8 2 existing building or of constructing, remodeling, or 8 3 renovating a building for use as a residential facility and 8 4 office in Fort Dodge by the second judicial district 8 5 department of corrections. The department of corrections 8 6 shall submit a report on the study, including the findings and 8 7 recommendations of the department, to the general assembly on 8 8 or before January 30, 1996. 8 9 4. The department of corrections shall conduct a study to 8 10 consider the establishment and location of a 50-bed infirmary 8 11 unit to provide nursing, medical, and other health care- 8 12 related services to inmates. The department shall submit a 8 13 report on the study, including the findings and 8 14 recommendations of the department, to the general assembly on 8 15 or before January 8, 1996. 8 16 5. The department of corrections shall, in consultation 8 17 with the board of parole, the criminal and juvenile justice 8 18 planning division of the department of human rights, and the 8 19 office of the attorney general, conduct a study to consider 8 20 whether to establish a super-maximum security facility for 8 21 inmates. The study shall consider the number of beds needed 8 22 at such a facility, the best location for the facility, 8 23 whether existing facilities or new construction should be used 8 24 to establish the facility, and whether constructing or 8 25 establishing a new facility could result in removal of the 8 26 court-ordered limit on the number of prison inmates allowed at 8 27 Fort Madison. The department of corrections shall submit a 8 28 report on the study, including the findings and 8 29 recommendations of the department, to the general assembly on 8 30 or before January 8, 1996. 8 31 Sec. 5. DEPARTMENT OF CORRECTIONS &endash; ADMINISTRATION. 8 32 There is appropriated from the general fund of the state to 8 33 the department of corrections for the fiscal year beginning 8 34 July 1, 1995, and ending June 30, 1996, the following amounts, 8 35 or so much thereof as is necessary, to be used for the 9 1 purposes designated: 9 2 1. For general administration, including salaries, 9 3 support, maintenance, employment of an education director and 9 4 clerk to administer a centralized education program for the 9 5 correctional system, miscellaneous purposes, and for not more 9 6 than the following full-time equivalent positions: 9 7 .................................................. $ 2,298,531 9 8 ............................................... FTEs 38.18 9 9 The department shall monitor the use of the classification 9 10 model by the judicial district departments of correctional 9 11 services and has the authority to override a district 9 12 department's decision regarding classification of community- 9 13 based clients. The department shall notify a district 9 14 department of the reasons for the override. 9 15 It is the intent of the general assembly that as a 9 16 condition of receiving the appropriation provided in this 9 17 subsection, the department of corrections shall not enter into 9 18 a new contract, unless the contract is a renewal of an 9 19 existing contract, for the expenditure of moneys in excess of 9 20 one hundred thousand dollars during the fiscal year beginning 9 21 July 1, 1995, for the privatization of services performed by 9 22 the department using state employees as of July 1, 1995, or 9 23 for the privatization of new services by the department, 9 24 without prior consultation with any applicable state employee 9 25 organization affected by the proposed new contract and prior 9 26 notification of the co-chairpersons and ranking members of the 9 27 joint appropriations subcommittee on the justice system. 9 28 2. For reimbursement of counties for temporary confinement 9 29 of work release and parole violators, as provided in sections 9 30 901.7, 904.908, and 906.17 and for offenders confined pursuant 9 31 to section 904.513: 9 32 .................................................. $ 237,038 9 33 3. For federal prison reimbursement, reimbursements for 9 34 out-of-state placements, and miscellaneous contracts: 9 35 .................................................. $ 341,334 10 1 The department of corrections shall use funds appropriated 10 2 by this subsection to continue to contract for the services of 10 3 a Muslim imam. 10 4 4. For salaries, support, maintenance, miscellaneous 10 5 purposes, and for not more than the following full-time 10 6 equivalent positions at the correctional training center at 10 7 Mt. Pleasant: 10 8 .................................................. $ 384,597 10 9 ............................................... FTEs 7.16 10 10 5. For annual payment relating to the financial 10 11 arrangement for the construction of expansion in prison 10 12 capacity as provided in 1989 Iowa Acts, chapter 316, section 10 13 7, subsection 6: 10 14 .................................................. $ 625,860 10 15 6. For annual payment relating to the financial 10 16 arrangement for the construction of expansion in prison 10 17 capacity as provided in 1990 Iowa Acts, chapter 1257, section 10 18 24: 10 19 .................................................. $ 3,180,990 10 20 7. For educational programs for inmates at state penal 10 21 institutions: 10 22 .................................................. $ 1,850,600 10 23 It is the intent of the general assembly that moneys 10 24 appropriated in this subsection shall be used solely for the 10 25 purpose indicated and that the moneys shall not be transferred 10 26 for any other purpose. 10 27 Notwithstanding section 8.33, moneys appropriated in this 10 28 subsection which remain unobligated or unexpended at the close 10 29 of the fiscal year shall not revert to the general fund of the 10 30 state but shall remain available only for the purposes 10 31 designated in this subsection in the succeeding fiscal year. 10 32 Sec. 6. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 10 33 SERVICES. 10 34 1. There is appropriated from the general fund of the 10 35 state to the department of corrections for the fiscal year 11 1 beginning July 1, 1995, and ending June 30, 1996, the 11 2 following amounts, or so much thereof as is necessary, to be 11 3 allocated as follows: 11 4 a. For the first judicial district department of 11 5 correctional services, including the treatment and supervision 11 6 of probation and parole violators who have been released from 11 7 the department of corrections violator program, the following 11 8 amount, or so much thereof as is necessary: 11 9 .................................................. $ 6,648,762 11 10 (1) The district department shall continue the intensive 11 11 supervision program established within the district in 1988 11 12 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 11 13 "a", and the sex offender treatment program established within 11 14 the district in 1989 Iowa Acts, chapter 316, section 8, 11 15 subsection 1, paragraph "a". 11 16 (2) The district department, in cooperation with the chief 11 17 judge of the judicial district, shall continue the 11 18 implementation of a plan to divert low-risk offenders to the 11 19 least restrictive sanction available. 11 20 b. For the second judicial district department of 11 21 correctional services, including the treatment and supervision 11 22 of probation and parole violators who have been released from 11 23 the department of corrections violator program, the following 11 24 amount, or so much thereof as is necessary: 11 25 .................................................. $ 5,375,715 11 26 (1) The district department shall continue the sex 11 27 offender treatment program established within the district in 11 28 1988 Iowa Acts, chapter 1271, section 6, subsection 1, 11 29 paragraph "b". 11 30 (2) The district department, in cooperation with the chief 11 31 judge of the judicial district, shall continue the 11 32 implementation of a plan to divert low-risk offenders to the 11 33 least restrictive sanction available. 11 34 c. For the third judicial district department of 11 35 correctional services, including the treatment and supervision 12 1 of probation and parole violators who have been released from 12 2 the department of corrections violator program, the following 12 3 amount, or so much thereof as is necessary: 12 4 .................................................. $ 3,284,176 12 5 (1) The district department shall continue the sex 12 6 offender treatment program established within the district in 12 7 1988 Iowa Acts, chapter 1271, section 6, subsection 1, 12 8 paragraph "c", and the intensive supervision program 12 9 established within the district in 1990 Iowa Acts, chapter 12 10 1268, section 6, subsection 3, paragraph "d". 12 11 (2) The district department, in cooperation with the chief 12 12 judge of the judicial district, shall continue the 12 13 implementation of a plan to divert low-risk offenders to the 12 14 least restrictive sanction available. 12 15 d. For the fourth judicial district department of 12 16 correctional services, including the treatment and supervision 12 17 of probation and parole violators who have been released from 12 18 the department of corrections violator program, the following 12 19 amount, or so much thereof as is necessary: 12 20 .................................................. $ 2,398,328 12 21 (1) The district department shall continue the sex 12 22 offender treatment program established within the district in 12 23 1988 Iowa Acts, chapter 1271, section 6, subsection 1, 12 24 paragraph "d". 12 25 (2) The district department, in cooperation with the chief 12 26 judge of the judicial district, shall continue the 12 27 implementation of a plan to divert low-risk offenders to the 12 28 least restrictive sanction available. 12 29 e. For the fifth judicial district department of 12 30 correctional services, including the treatment and supervision 12 31 of probation and parole violators who have been released from 12 32 the department of corrections violator program, the following 12 33 amount, or so much thereof as is necessary: 12 34 .................................................. $ 8,784,368 12 35 (1) The district department shall continue the intensive 13 1 supervision program established within the district in 1988 13 2 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 13 3 "e", and shall continue to provide for the rental of 13 4 electronic monitoring equipment. 13 5 (2) The district department, in cooperation with the chief 13 6 judge of the judicial district, shall continue the 13 7 implementation of a plan to divert low-risk offenders to the 13 8 least restrictive sanction available. 13 9 f. For the sixth judicial district department of 13 10 correctional services, including the treatment and supervision 13 11 of probation and parole violators who have been released from 13 12 the department of corrections violator program, the following 13 13 amount, or so much thereof as is necessary: 13 14 .................................................. $ 6,918,725 13 15 (1) The district department shall continue the intensive 13 16 supervision program established within the district in 1988 13 17 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 13 18 "f", and the sex offender treatment program established within 13 19 the district in 1989 Iowa Acts, chapter 316, section 8, 13 20 subsection 1, paragraph "f". 13 21 (2) The district department, in cooperation with the chief 13 22 judge of the judicial district, shall continue the 13 23 implementation of a plan to divert low-risk offenders to the 13 24 least restrictive sanction available. 13 25 (3) The district department shall continue the 13 26 implementation of a plan providing for the expanded use of 13 27 intermediate criminal sanctions, as provided in 1993 Iowa 13 28 Acts, chapter 171, section 6, subsection 1, paragraph "f", 13 29 subparagraph (3). 13 30 g. For the seventh judicial district department of 13 31 correctional services, including the treatment and supervision 13 32 of probation and parole violators who have been released from 13 33 the department of corrections violator program, the following 13 34 amount, or so much thereof as is necessary: 13 35 .................................................. $ 4,372,318 14 1 (1) The district department shall continue the intensive 14 2 supervision program established within the district in 1988 14 3 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 14 4 "g", and shall continue the sex offender treatment program 14 5 established within the district in 1989 Iowa Acts, chapter 14 6 316, section 8, subsection 1, paragraph "g". 14 7 (2) The district department shall continue the job 14 8 development program established within the district in 1990 14 9 Iowa Acts, chapter 1268, section 6, subsection 7, paragraph 14 10 "e". 14 11 (3) The district department, in cooperation with the chief 14 12 judge of the judicial district, shall continue the 14 13 implementation of a plan to divert low-risk offenders to the 14 14 least restrictive sanction available. 14 15 h. For the eighth judicial district department of 14 16 correctional services, including the treatment and supervision 14 17 of probation and parole violators who have been released from 14 18 the department of corrections violator program, the following 14 19 amount, or so much thereof as is necessary: 14 20 .................................................. $ 3,905,921 14 21 (1) The district department shall continue the intensive 14 22 supervision program established within the district in 1988 14 23 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 14 24 "h", and shall continue the sex offender treatment program 14 25 established within the district in 1989 Iowa Acts, chapter 14 26 316, section 8, subsection 1, paragraph "h". 14 27 (2) The district department, in cooperation with the chief 14 28 judge of the judicial district, shall continue the 14 29 implementation of a plan to divert low-risk offenders to the 14 30 least restrictive sanction available. 14 31 i. For the department of corrections for the assistance 14 32 and support of each judicial district department of 14 33 correctional services, the following amount, or so much 14 34 thereof as is necessary: 14 35 .................................................. $ 83,576 15 1 2. The department of corrections shall continue to 15 2 contract with a judicial district department of correctional 15 3 services to provide for the rental of electronic monitoring 15 4 equipment which shall be available statewide. 15 5 3. Each judicial district department of correctional 15 6 services and the department of corrections shall continue the 15 7 treatment alternatives to street crime programs established in 15 8 1989 Iowa Acts, chapter 225, section 9. 15 9 4. The governor's alliance on substance abuse shall 15 10 consider federal grants made to the department of corrections 15 11 for the benefit of each of the eight judicial district 15 12 departments of correctional services as local government 15 13 grants, as defined pursuant to federal regulations. 15 14 5. Each judicial district department of correctional 15 15 services shall provide a report concerning the treatment and 15 16 supervision of probation and parole violators who have been 15 17 released from the department of corrections violator program, 15 18 to the co-chairpersons and ranking members of the joint 15 19 appropriations subcommittee on the justice system and the 15 20 legislative fiscal bureau, on or before January 15, 1996. 15 21 6. It is the intent of the general assembly that each 15 22 judicial district department of correctional services shall 15 23 operate the community-based correctional facilities in a 15 24 manner which provides for a residential population of at least 15 25 110 percent of the design capacity of the facility. 15 26 7. In addition to the requirements of section 8.39, the 15 27 department of corrections shall not make an intradepartmental 15 28 transfer of moneys appropriated to the department, unless 15 29 notice of the intradepartmental transfer is given prior to its 15 30 effective date to the legislative fiscal bureau. The notice 15 31 shall include information on the department's rationale for 15 32 making the transfer and details concerning the work load and 15 33 performance measures upon which the transfers are based. 15 34 Sec. 7. JUDICIAL DEPARTMENT. There is appropriated from 15 35 the general fund of the state to the judicial department for 16 1 the fiscal year beginning July 1, 1995, and ending June 30, 16 2 1996, the following amounts, or so much thereof as is 16 3 necessary, to be used for the purposes designated: 16 4 1. For salaries of supreme court justices, appellate court 16 5 judges, district court judges, district associate judges, 16 6 judicial magistrates and staff, state court administrator, 16 7 clerk of the supreme court, district court administrators, 16 8 clerks of the district court, trial court supervisors, trial 16 9 court technicians II, financial supervisors I and II, juvenile 16 10 court officers, board of law examiners and board of examiners 16 11 of shorthand reporters and judicial qualifications commission, 16 12 receipt and disbursement of child support payments, 16 13 reimbursement of the auditor of state for expenses incurred in 16 14 completing audits of the offices of the clerks of the district 16 15 court during the fiscal year beginning July 1, 1995, and 16 16 maintenance, equipment, and miscellaneous purposes: 16 17 .................................................. $ 87,220,772 16 18 a. The judicial department, except for purposes of 16 19 internal processing, shall use the current state budget 16 20 system, the state payroll system, and the Iowa finance and 16 21 accounting system in administration of programs and payments 16 22 for services, and shall not duplicate the state payroll, 16 23 accounting, and budgeting systems. 16 24 b. The judicial department shall submit monthly financial 16 25 statements to the legislative fiscal bureau and the department 16 26 of management containing all appropriated accounts in the same 16 27 manner as provided in the monthly financial status reports and 16 28 personal services usage reports of the department of revenue 16 29 and finance. The monthly financial statements shall include a 16 30 comparison of the dollars and percentage spent of budgeted 16 31 versus actual revenues and expenditures on a cumulative basis 16 32 for full-time equivalent positions and dollars. 16 33 c. It is the intent of the general assembly that counties 16 34 installing new telephone systems shall provide those systems 16 35 to all judicial department offices within the county at no 17 1 cost. 17 2 d. Of the funds appropriated in this subsection, not more 17 3 than $1,897,728 may be transferred into the revolving fund 17 4 established pursuant to section 602.1302, subsection 3, to be 17 5 used for the payment of jury and witness fees and mileage. 17 6 e. Of the funds appropriated in this subsection, the 17 7 judicial department shall use not more than $968,716 for an 17 8 additional 7 district court judges and an additional 7 court 17 9 reporters. Of the additional district court judges and court 17 10 reporters, 1 additional district court judge and 1 court 17 11 reporter shall be assigned one each to judicial election 17 12 subdistricts one-B and eight-A and to judicial election 17 13 districts four, six, and seven, and 2 additional district 17 14 court judges and 2 court reporters shall be assigned to the 17 15 judicial election subdistrict five-C. 17 16 f. Of the funds appropriated in this subsection, the 17 17 judicial department shall use not more than $507,184 for an 17 18 additional 4 district associate judges and 4 additional court 17 19 reporters, with 3 of the additional district associate judges 17 20 and 3 additional court reporters for Polk county, and 1 17 21 additional district associate judge and one additional court 17 22 reporter for Bremer, Floyd, and Hardin counties, 17 23 notwithstanding the provisions of section 602.6301. 17 24 g. Of the funds appropriated in this subsection, the 17 25 judicial department shall use the following amounts for the 17 26 purposes indicated: 17 27 (1) For an additional 1 FTE for the expansion of the 17 28 court-appointed special advocate program, $43,336. 17 29 (2) For an additional 4 juvenile court officers, $133,635. 17 30 h. It is the intent of the general assembly that the 17 31 judicial department reduce the amounts expended for travel, 17 32 office supplies, and printing by 5 percent from the amounts 17 33 expended for these purposes during the 1994-1995 fiscal year. 17 34 i. Of the funds appropriated in this subsection, the 17 35 judicial department shall use not more than $1,290,000 for 18 1 increasing the existing capacity of the Iowa court information 18 2 system by extending the system into 15 additional counties and 18 3 for the development of a computer software program to allow 18 4 state agencies to gain access to data in the Iowa court 18 5 information system. However, the funds shall not be used to 18 6 expand the applications of the system for purposes other than 18 7 those for which the system is currently used, and the judicial 18 8 department shall focus efforts in utilizing the funds referred 18 9 to in this paragraph upon the collection of delinquent fines, 18 10 penalties, court costs, fees, surcharges, or similar amounts. 18 11 The judicial department shall investigate the most efficient 18 12 way to complete the expansion of the department's entire 18 13 communication and information management system, and include 18 14 this information in a report to be submitted to the co- 18 15 chairpersons and ranking members of the joint appropriations 18 16 subcommittee on the justice system and the legislative fiscal 18 17 bureau, on or before January 15, 1996. 18 18 j. It is the intent of the general assembly that the 18 19 offices of the clerks of the district court operate in all 18 20 ninety-nine counties and be accessible to the public as much 18 21 as is reasonably possible in order to address the relative 18 22 needs of the citizens of each county. 18 23 k. The judicial department shall report to the co- 18 24 chairpersons and ranking members of the joint appropriations 18 25 subcommittee on the justice system by February 1, 1996, 18 26 concerning an evaluation of the needs of the court system, 18 27 particularly resources necessary to meet the increasing 18 28 demands on the courts. The report shall also identify 18 29 legislative changes which would reduce or alleviate the 18 30 workload of the courts. 18 31 l. The judicial department shall use a portion of the 18 32 funds appropriated in this subsection for educating and 18 33 training the appropriate court personnel in alternative 18 34 dispute resolution techniques. 18 35 2. For the juvenile victim restitution program: 19 1 .................................................. $ 155,396 19 2 Sec. 8. IOWA COURT INFORMATION SYSTEM. There is 19 3 appropriated from the general fund of the state to the 19 4 judicial department for the fiscal year beginning July 1, 19 5 1995, and ending June 30, 1996, the following amount, or so 19 6 much thereof as is necessary, to be used for the purpose 19 7 designated: 19 8 For the Iowa court information system: 19 9 .................................................. $ 857,500 19 10 1. In addition to the requirements for transfers under 19 11 section 8.39, the judicial department shall not change the 19 12 appropriations from the amounts appropriated in this section, 19 13 unless notice of the revisions is given prior to their 19 14 effective date to the legislative fiscal bureau. The notice 19 15 shall include information on the department's rationale for 19 16 making the changes and details concerning the work load and 19 17 performance measures upon which the changes are based. 19 18 2. a. The judicial department shall provide a report 19 19 semiannually to the co-chairpersons and ranking members of the 19 20 joint appropriations subcommittee on the justice system and 19 21 the legislative fiscal bureau specifying the amounts of fines, 19 22 surcharges, and court costs collected using the Iowa court 19 23 information system. The report shall demonstrate and specify 19 24 how the Iowa court information system is used to improve the 19 25 collection process. The report shall also compare fines, 19 26 surcharges, and court costs collected in selected counties 19 27 which are using an automated system versus the amounts 19 28 collected in at least three counties which are not using an 19 29 automated system. 19 30 b. A report required by this section shall be made by 19 31 January 15, 1996, for the counties added to the Iowa court 19 32 information system during the 1994-1995 fiscal year, and by 19 33 January 15, 1997, for the 15 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 Sec. 9. ENHANCED COURT COLLECTIONS FUND &endash; DISTRIBUTION. 20 3 Of the moneys collected and deposited in the enhanced court 20 4 collections fund created in section 602.1304, as enacted by 20 5 this Act, the first $359,000 deposited in the fund in the 20 6 fiscal year beginning July 1, 1995, for use by the Iowa court 20 7 information system shall be expended for the purchase of jury 20 8 management software. Any additional moneys deposited in the 20 9 enhanced court collections fund in the fiscal year beginning 20 10 July 1, 1995, shall not be used for appellate software. 20 11 Sec. 10. JUDICIAL RETIREMENT FUND. There is appropriated 20 12 from the general fund of the state to the judicial retirement 20 13 fund for the fiscal year beginning July 1, 1995, and ending 20 14 June 30, 1996, the following amount, or so much thereof as is 20 15 necessary, to be used for the purpose designated: 20 16 For the state's contribution to the judicial retirement 20 17 fund established in section 602.9104, in the amount of 23.7 20 18 percent of the basic salaries of the judges covered under 20 19 chapter 602, article 9: 20 20 .................................................. $ 3,150,915 20 21 Sec. 11. INDIGENT DEFENSE COSTS. The supreme court shall 20 22 submit a written report for the preceding fiscal year no later 20 23 than January 1 of each year indicating the amounts collected 20 24 pursuant to section 815.9A, relating to recovery of indigent 20 25 defense costs. The report shall include the total amount 20 26 collected by all courts, as well as the amounts collected by 20 27 each judicial district. The supreme court shall also submit a 20 28 written report quarterly indicating the number of criminal and 20 29 juvenile filings which occur in each judicial district for 20 30 purposes of estimating indigent defense costs. A copy of each 20 31 report shall be provided to the public defender, the 20 32 department of management, and the legislative fiscal bureau. 20 33 The judicial department shall continue to assist in the 20 34 development of an automated data system for use in the sharing 20 35 of information utilizing the generic program interface for 21 1 legislative and executive branch uses. 21 2 Sec. 12. AUTOMATED DATA SYSTEM. The department of 21 3 corrections, judicial district departments of correctional 21 4 services, board of parole, and the judicial department shall 21 5 continue to develop an automated data system for use in the 21 6 sharing of information between the department of corrections, 21 7 judicial district departments of correctional services, board 21 8 of parole, and the judicial department. The information to be 21 9 shared shall concern any individual who may, as the result of 21 10 an arrest or infraction of any law, be subject to the 21 11 jurisdiction of the department of corrections, judicial 21 12 district departments of correctional services, or board of 21 13 parole. The department of corrections, in consultation and 21 14 cooperation with the judicial district departments of 21 15 correctional services, the board of parole, and the judicial 21 16 department, shall provide a report concerning the development 21 17 of the automated data system to the co-chairpersons and 21 18 ranking members of the joint appropriations subcommittee on 21 19 the justice system and the legislative fiscal bureau, on or 21 20 before January 15, 1996. 21 21 Sec. 13. CORRECTIONAL INSTITUTIONS &endash; VOCATIONAL TRAINING. 21 22 The state prison industries board and the department of 21 23 corrections shall continue the implementation of a plan to 21 24 enhance vocational training opportunities within the 21 25 correctional institutions listed in section 904.102, as 21 26 provided in 1993 Iowa Acts, chapter 171, section 12. The plan 21 27 shall provide for increased vocational training opportunities 21 28 within the correctional institutions, including the 21 29 possibility of approving community college credit for inmates 21 30 working in prison industries. The department of corrections 21 31 shall provide a report concerning the implementation of the 21 32 plan to the co-chairpersons and ranking members of the joint 21 33 appropriations subcommittee on the justice system and the 21 34 legislative fiscal bureau, on or before January 15, 1996. 21 35 Sec. 14. APPROPRIATIONS TO THE DEPARTMENT OF CORRECTIONS 22 1 &endash; MONEYS ENCUMBERED &endash; PRIORITIES. 22 2 1. Notwithstanding any other provision of law to the 22 3 contrary, moneys appropriated to the department of corrections 22 4 pursuant to 1994 Iowa Acts, chapter 1196, sections 4, 5, and 22 5 6, shall be considered encumbered pursuant to section 8.33, 22 6 and shall not revert to the general fund of the state at the 22 7 end of the fiscal year commencing July 1, 1994. As used in 22 8 this section, unless the context otherwise requires, 22 9 "encumbered funds" means the moneys appropriated to the 22 10 department of corrections pursuant to 1994 Iowa Acts, chapter 22 11 1196, sections 4, 5, and 6, which would otherwise revert to 22 12 the general fund of the state after the end of the fiscal year 22 13 in which the moneys were appropriated, but for the prohibition 22 14 contained in this section. 22 15 2. The department of corrections shall use encumbered 22 16 funds in the fiscal year commencing July 1, 1995, to fund up 22 17 to an additional 50 FTEs for the employment of correctional 22 18 officers in the correctional institutions specified in section 22 19 904.102, and to purchase surveillance cameras and other 22 20 necessary surveillance or safety equipment for use in 22 21 correctional institutions. The full-time equivalent positions 22 22 provided in this section for the employment of correctional 22 23 officers and the funding provided for the purchase of 22 24 equipment are in addition to any full-time equivalent 22 25 positions or equipment funded in section 4 of this Act. The 22 26 department of corrections shall use its discretion in 22 27 distributing the additional correctional officers and 22 28 equipment throughout the correctional facilities. The 22 29 department of corrections shall file a report with the 22 30 department of management concerning correctional officer 22 31 positions filled and critically needed safety equipment 22 32 purchased from encumbered funds provided under this section. 22 33 If the department is able to fund an additional 50 FTEs for 22 34 the employment of correctional officers pursuant to this 22 35 section and to purchase all critically needed safety 23 1 equipment, any remaining funds shall be unencumbered and shall 23 2 revert to the general fund of the state at the end of the 23 3 fiscal year commencing July 1, 1995. 23 4 Sec. 15. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 23 5 1. As used in this section, unless the context otherwise 23 6 requires, "state agency" means the government of the state of 23 7 Iowa, including but not limited to all executive departments, 23 8 agencies, boards, bureaus, and commissions, the judicial 23 9 department, the general assembly and all legislative agencies, 23 10 institutions within the purview of the state board of regents, 23 11 and any corporation whose primary function is to act as an 23 12 instrumentality of the state. 23 13 2. State agencies are hereby encouraged to purchase 23 14 products from Iowa state industries, as defined in section 23 15 904.802, when purchases are required and the products are 23 16 available from Iowa state industries. 23 17 Sec. 16. STATE PUBLIC DEFENDER. There is appropriated 23 18 from the general fund of the state to the office of the state 23 19 public defender of the department of inspections and appeals 23 20 for the fiscal year beginning July 1, 1995, and ending June 23 21 30, 1996, the following amounts, or so much thereof as is 23 22 necessary, for the purposes designated, and for not more than 23 23 the following full-time equivalent positions: 23 24 1. For salaries, support, maintenance, and miscellaneous 23 25 purposes: 23 26 .................................................. $ 9,020,095 23 27 ............................................... FTEs 160.30 23 28 2. For indigent court-appointed attorney fees for adults 23 29 and juveniles, notwithstanding section 232.141 and chapter 23 30 815: 23 31 .................................................. $ 11,751,800 23 32 The department of inspections and appeals shall design a 23 33 uniform statewide fee claim form for juvenile court cases for 23 34 all attorneys to utilize in submitting fee claims to the 23 35 counties for payment so as to enable the department to compile 24 1 statewide cost and statistical information. The department 24 2 may adopt emergency rules to implement this process. 24 3 Sec. 17. EMERGENCY RULES. If specifically authorized by a 24 4 provision of this Act, the department of inspections and 24 5 appeals may adopt administrative rules under section 17A.4, 24 6 subsection 2, and section 17A.5, subsection 2, paragraph "b", 24 7 to implement the provisions and the rules shall become 24 8 effective immediately upon filing, unless a later effective 24 9 date is specified in the rules. Any rules adopted in 24 10 accordance with the provisions of this section shall also be 24 11 published as notice of intended action as provided in section 24 12 17A.4. 24 13 Sec. 18. IOWA LAW ENFORCEMENT ACADEMY. There is 24 14 appropriated from the general fund of the state to the Iowa 24 15 law enforcement academy for the fiscal year beginning July 1, 24 16 1995, and ending June 30, 1996, the following amounts, or so 24 17 much thereof as is necessary, to be used for the purposes 24 18 designated: 24 19 1. For salaries, support, maintenance, miscellaneous 24 20 purposes, including jailer training and technical assistance, 24 21 and for not more than the following full-time equivalent 24 22 positions: 24 23 .................................................. $ 1,000,154 24 24 ............................................... FTEs 24.00 24 25 2. For salaries, support, maintenance, and miscellaneous 24 26 purposes to provide statewide coordination of the drug abuse 24 27 resistance education (D.A.R.E.) program: 24 28 .................................................. $ 30,000 24 29 3. The Iowa law enforcement academy may annually select at 24 30 least five automobiles of the department of public safety, 24 31 division of highway safety, uniformed force, and radio 24 32 communications, prior to turning over the automobiles to the 24 33 state vehicle dispatcher to be disposed of by public auction 24 34 and the Iowa law enforcement academy may exchange any 24 35 automobile owned by the academy for each automobile selected 25 1 if the selected automobile is used in training law enforcement 25 2 officers at the academy. However, any automobile exchanged by 25 3 the academy shall be substituted for the selected vehicle of 25 4 the department of public safety and sold by public auction 25 5 with the receipts being deposited in the depreciation fund to 25 6 the credit of the department of public safety, division of 25 7 highway safety, uniformed force, and radio communications. 25 8 Sec. 19. DEPARTMENT OF PUBLIC DEFENSE. There is 25 9 appropriated from the general fund of the state to the 25 10 department of public defense for the fiscal year beginning 25 11 July 1, 1995, and ending June 30, 1996, the following amounts, 25 12 or so much thereof as is necessary, to be used for the 25 13 purposes designated: 25 14 1. MILITARY DIVISION 25 15 For salaries, support, maintenance, miscellaneous purposes, 25 16 and for not more than the following full-time equivalent 25 17 positions: 25 18 .................................................. $ 3,852,724 25 19 ............................................... FTEs 212.26 25 20 If there is a surplus in the general fund of the state for 25 21 the fiscal year ending June 30, 1996, within 60 days after the 25 22 closing of the fiscal year, the military division may incur up 25 23 to an additional $500,000 in expenditures from the surplus 25 24 prior to transfer of the surplus pursuant to section 8.57. 25 25 2. EMERGENCY MANAGEMENT DIVISION 25 26 For salaries, support, maintenance, miscellaneous purposes, 25 27 and for not more than the following full-time equivalent 25 28 positions: 25 29 .................................................. $ 486,498 25 30 ............................................... FTEs 14.05 25 31 Sec. 20. DEPARTMENT OF PUBLIC SAFETY. There is 25 32 appropriated from the general fund of the state to the 25 33 department of public safety for the fiscal year beginning July 25 34 1, 1995, and ending June 30, 1996, the following amounts, or 25 35 so much thereof as is necessary, to be used for the purposes 26 1 designated: 26 2 1. For the department's administrative functions, 26 3 including the medical examiner's office and the criminal 26 4 justice information system, and for not more than the 26 5 following full-time equivalent positions: 26 6 .................................................. $ 2,179,251 26 7 ............................................... FTEs 40.00 26 8 2. For the division of criminal investigation and bureau 26 9 of identification including the state's contribution to the 26 10 peace officers' retirement, accident, and disability system 26 11 provided in chapter 97A in the amount of 18 percent of the 26 12 salaries for which the funds are appropriated, to meet federal 26 13 fund matching requirements, and for not more than the 26 14 following full-time equivalent positions: 26 15 .................................................. $ 8,883,350 26 16 ............................................... FTEs 182.00 26 17 The department of public safety, with the approval of the 26 18 department of management, may employ no more than two special 26 19 agents and four gaming enforcement officers for each 26 20 additional riverboat regulated on or after March 31, 1995. 26 21 3. For the division of narcotics enforcement: 26 22 a. The state's contribution to the peace officers' 26 23 retirement, accident, and disability system provided in 26 24 chapter 97A in the amount of 18 percent of the salaries for 26 25 which the funds are appropriated, to meet federal fund 26 26 matching requirements, and for not more than the following 26 27 full-time equivalent positions: 26 28 .................................................. $ 2,401,001 26 29 ............................................... FTEs 38.00 26 30 b. Undercover purchases: 26 31 .................................................. $ 139,202 26 32 4. For the state fire marshal's office, including the 26 33 state's contribution to the peace officers' retirement, 26 34 accident, and disability system provided in chapter 97A in the 26 35 amount of 18 percent of the salaries for which the funds are 27 1 appropriated, and for not more than the following full-time 27 2 equivalent positions: 27 3 .................................................. $ 1,424,236 27 4 ............................................... FTEs 31.00 27 5 5. For the capitol security division, including the 27 6 state's contribution to the peace officers' retirement, 27 7 accident, and disability system provided in chapter 97A in the 27 8 amount of 18 percent of the salaries for which the funds are 27 9 appropriated and for not more than the following full-time 27 10 equivalent positions: 27 11 .................................................. $ 1,164,441 27 12 ............................................... FTEs 27.00 27 13 6. An employee of the department of public safety who 27 14 retires after the effective date of this Act but prior to June 27 15 30, 1996, is eligible for payment of life or health insurance 27 16 premiums as provided for in the collective bargaining 27 17 agreement covering the public safety bargaining unit at the 27 18 time of retirement if that employee previously served in a 27 19 position which would have been covered by the agreement. The 27 20 employee shall be given credit for the service in that prior 27 21 position as though it were covered by that agreement. The 27 22 provisions of this paragraph shall not operate to reduce any 27 23 retirement benefits an employee may have earned under other 27 24 collective bargaining agreements or retirement programs. 27 25 7. For costs associated with the maintenance of the 27 26 automated fingerprint information system (AFIS): 27 27 .................................................. $ 211,576 27 28 8. For salaries, support, maintenance, and miscellaneous 27 29 purposes of the pari-mutuel law enforcement agents, including 27 30 the state's contribution to the peace officers' retirement, 27 31 accident, and disability system provided in chapter 97A in the 27 32 amount of 18 percent of the salaries for which the funds are 27 33 appropriated: 27 34 .................................................. $ 308,602 27 35 Sec. 21. The governor's traffic safety bureau of the 28 1 department of public safety shall maximize funding to the 28 2 division of health delivery systems of the Iowa department of 28 3 public health during the fiscal year beginning July 1, 1995, 28 4 from the moneys received from the federal highway 28 5 administration due to the state's failure to enact a mandatory 28 6 motorcycle helmet law pursuant to the federal Intermodal 28 7 Surface Transportation Efficiency Act of 1991. The funds 28 8 shall be allocated to emergency medical services associations 28 9 for training of emergency medical services personnel and for 28 10 the purchase of emergency medical equipment. Funding for 28 11 emergency medical services shall be maximized to the extent 28 12 that federal highway traffic safety funds are not jeopardized. 28 13 Sec. 22. Section 99F.10, subsection 4, Code 1995, is 28 14 amended to read as follows: 28 15 4. In determining the license fees and state admission 28 16 fees to be charged as provided under section 99F.4 and this 28 17 section, the commission shall use the amount appropriated to 28 18 the commission plus the cost ofauditingsalaries for no more 28 19 than two special agents and no more than four gaming 28 20 enforcement officers for each excursion gambling boat for the 28 21 division of criminal investigation's excursion gambling boat 28 22 activities as the basis for determining the amount of revenue 28 23 to be raised from the license fees and admission fees. The 28 24 division's salary costs shall be limited to sixty-five percent 28 25 of the salary costs for special agents and sixty-five percent 28 26 of the salary costs for gaming enforcement for personnel 28 27 assigned to excursion gambling boats who enforce laws and 28 28 rules adopted by the commission. 28 29 Sec. 23. Section 602.1302, subsection 1, Code 1995, is 28 30 amended to read as follows: 28 31 1. Except as otherwise provided bysectionsections 28 32 602.1303 and 602.1304 or other applicable law, the expenses of 28 33 operating and maintaining the department shall be paid out of 28 34 the general fund of the state from funds appropriated by the 28 35 general assembly for the department. State funding shall be 29 1 phased in as provided in section 602.11101. 29 2 Sec. 24. Section 602.1304, Code 1995, is amended to read 29 3 as follows: 29 4 602.1304 REVENUES &endash; ENHANCED COURT COLLECTIONS FUND. 29 5 1. Except as provided in article 8 and subsection 2 of 29 6 this section, all fees and other revenues collected by 29 7 judicial officers and court employees shall be paid into the 29 8 general fund of the state. 29 9 2. a. The enhanced court collections fund is created in 29 10 the state treasury under the authority of the supreme court. 29 11 The fund shall be separate from the general fund of the state 29 12 and the balance in the fund shall not be considered part of 29 13 the balance of the general fund of the state. Notwithstanding 29 14 section 8.33, moneys in the fund shall not revert to the 29 15 general fund, unless and to the extent the total amount of 29 16 moneys deposited into the fund in a fiscal year would exceed 29 17 the maximum annual deposit amount established for the 29 18 collections fund by the general assembly. The initial maximum 29 19 annual deposit amount for a fiscal year is four million 29 20 dollars. Notwithstanding section 12C.7, subsection 2, 29 21 interest or earnings on moneys in the collections fund shall 29 22 remain in the collections fund and any interest and earnings 29 23 shall be in addition to the maximum annual deposit amount. 29 24 b. For each fiscal year, a judicial collection estimate 29 25 for that fiscal year shall be equally and proportionally 29 26 divided into a quarterly amount. The judicial collection 29 27 estimate shall be calculated by using the state revenue 29 28 estimating conference estimate made by December 15 pursuant to 29 29 section 8.22A, subsection 3, of the total amount of fines, 29 30 fees, civil penalties, costs, surcharges, and other revenues 29 31 collected by judicial officers and court employees for deposit 29 32 into the general fund of the state. The revenue estimating 29 33 conference estimate shall be reduced by the maximum amounts 29 34 allocated to the Iowa prison infrastructure fund pursuant to 29 35 section 602.8108A, and the court technology fund pursuant to 30 1 section 602.8108, and the remainder shall be the judicial 30 2 collection estimate. In each quarter of a fiscal year, after 30 3 revenues collected by judicial officers and court employees 30 4 equal to that quarterly amount are deposited into the general 30 5 fund of the state and after the required amount is deposited 30 6 during the quarter into the Iowa prison infrastructure fund 30 7 pursuant to section 602.8108A and into the court technology 30 8 fund pursuant to section 602.8108, the director of revenue and 30 9 finance shall deposit the remaining revenues for that quarter 30 10 into the enhanced court collections fund in lieu of the 30 11 general fund. However, after total deposits into the 30 12 collections fund for the fiscal year are equal to the maximum 30 13 deposit amount established for the collections fund, remaining 30 14 revenues for that fiscal year shall be deposited into the 30 15 general fund. If the revenue estimating conference agrees to 30 16 a different estimate at a later meeting which projects a 30 17 lesser amount of revenue than the initial estimate amount used 30 18 to calculate the judicial collection estimate, the director of 30 19 revenue and finance shall recalculate the judicial collection 30 20 estimate accordingly. If the revenue estimating conference 30 21 agrees to a different estimate at a later meeting which 30 22 projects a greater amount of revenue than the initial estimate 30 23 amount used to calculate the judicial collection estimate, the 30 24 director of revenue and finance shall recalculate the judicial 30 25 collection estimate accordingly but only to the extent that 30 26 the greater amount is due to an increase in the fines, fees, 30 27 civil penalties, costs, surcharges, or other revenues allowed 30 28 by law to be collected by judicial officers and court 30 29 employees. 30 30 c. Moneys in the collections fund shall be used by the 30 31 judicial department for the Iowa court information system. 30 32 Sec. 25. Section 602.6201, subsection 10, Code 1995, is 30 33 amended to read as follows: 30 34 10. Notwithstanding the formula for determining the number 30 35 of judgeships in this section, the number of district judges 31 1 shall not exceed one hundredoneeight during the period 31 2 commencing July 1,19901995. 31 3 Sec. 26. NEW SECTION. 904.311A PRISON RECYCLING FUND. 31 4 The Iowa prison recycling fund is created and established 31 5 as a separate and distinct fund in the state treasury. All 31 6 moneys remitted to the department for recycling operations in 31 7 each fiscal year commencing with the fiscal year beginning 31 8 July 1, 1994, shall be deposited in the fund. Notwithstanding 31 9 section 12C.7, subsection 2, interest or earnings on moneys 31 10 deposited in the fund shall be credited to the fund. 31 11 Notwithstanding section 8.33, moneys in the fund shall not 31 12 revert to the general fund of the state at the close of a 31 13 fiscal year but shall remain in the fund and be used as 31 14 directed in this section in the succeeding fiscal year. The 31 15 treasurer of state shall act as custodian of the fund and 31 16 disburse moneys from the fund as directed by the department 31 17 for the purpose of payment of operating expenses for 31 18 recycling. 31 19 Sec. 27. NEW SECTION. 904.508A INMATE TELEPHONE REBATE 31 20 FUND. 31 21 The department is authorized to establish and maintain an 31 22 inmate telephone rebate fund in each institution for the 31 23 deposit of moneys received for inmate telephone rebates. All 31 24 funds deposited in this fund shall be used for the benefit of 31 25 inmates. The director shall adopt rules providing for the 31 26 disbursement of moneys from the fund. 31 27 Sec. 28. 1993 Iowa Acts, chapter 171, section 11, 31 28 subsection 4, as amended by 1994 Iowa Acts, chapter 1196, 31 29 section 23 is amended to read as follows: 31 30 4. The task force shall submit the plan to the governor 31 31 and the general assembly on or before January 15,19951996. 31 32 Sec. 29. INTERIM STUDY COMMITTEE. The legislative council 31 33 is requested to authorize an interim study committee 31 34 concerning the enforcement of activities on excursion gambling 31 35 boats. 32 1 Sec. 30. EFFECTIVE DATES. 32 2 1. Section 1, subsections 3 and 4 of this Act, relating to 32 3 Iowa competition law or antitrust actions and to civil 32 4 consumer fraud actions, being deemed of immediate importance, 32 5 take effect upon enactment. 32 6 2. Section 14 of this Act, pertaining to the encumbrance 32 7 of certain moneys appropriated to the department of correc- 32 8 tions in the fiscal year commencing July 1, 1994, being deemed 32 9 of immediate importance, takes effect upon enactment. 32 10 4. Section 28 of this Act, dealing with the intermediate 32 11 criminal sanctions task force, takes effect upon enactment and 32 12 is retroactively applicable to January 1, 1995. 32 13 5. Section 21 of this Act, dealing with the governor's 32 14 traffic safety bureau, takes effect upon enactment. 32 15 6. Section 26 of this Act, dealing with the Iowa prison 32 16 recycling fund, takes effect upon enactment and is 32 17 retroactively applicable to July 1, 1994. 32 18 SF 459 32 19 ec/cc/26
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