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PAG LIN 1 1 DIVISION I 1 2 LOCAL CORRECTIONS INFRASTRUCTURE GRANT PROGRAM 1 3 Section 1. NEW SECTION. 905A.1 DEFINITIONS. 1 4 For the purposes of this chapter, unless the context 1 5 otherwise requires: 1 6 1. "Division" means the division of criminal and juvenile 1 7 justice planning of the department of human rights. 1 8 2. "Government" means a community-based correctional 1 9 program as defined in section 905.1, or a city, school 1 10 district or accredited nonpublic school, or county which 1 11 expends funds for incarceration or supervision of individuals 1 12 charged with or convicted of a felony, an aggravated 1 13 misdemeanor, or a serious misdemeanor, or for crime prevention 1 14 activities. 1 15 3. "Judicial election district" means a judicial election 1 16 district described in section 602.6109. 1 17 Sec. 2. NEW SECTION. 905A.2 LOCAL CORRECTIONS 1 18 INFRASTRUCTURE GRANT PROGRAM. 1 19 1. A local corrections infrastructure grant program is 1 20 created in the division. The division shall adopt 1 21 administrative rules pursuant to chapter 17A as necessary to 1 22 administer the program in accordance with this chapter. The 1 23 rules shall include but are not limited to provisions for 1 24 auditing of grant expenditures. 1 25 2. The division shall develop a request for proposals for 1 26 the grant program and assist judicial election districts in 1 27 developing proposals in response to the request. The division 1 28 shall not accept more than one proposal from a judicial 1 29 election district for each of the grant groupings. For the 1 30 fiscal year beginning July 1, 1997, grants shall be awarded in 1 31 accordance with this chapter in the following two groupings: 1 32 a. Twenty-five million dollars to one or more governments 1 33 or groups of governments in judicial election districts, 1 34 divided proportionately according to the judicial election 1 35 districts' relative proportion of the state's general 2 1 population. 2 2 b. Nine million dollars to one or more governments or 2 3 groups of governments representing judicial election 2 4 districts, awarded according to criteria developed by the task 2 5 force based upon the relative amount of criminal activity in 2 6 the judicial election district, the innovative nature of the 2 7 proposal submitted by the government or group of governments, 2 8 and the statewide need for the project proposed to be 2 9 developed. 2 10 3. A proposal for a grant under this chapter is subject to 2 11 all of the following conditions: 2 12 a. A judicial election district may combine with one or 2 13 more other judicial election districts in developing a 2 14 proposal or may propose a joint project in separate proposals. 2 15 b. A proposal shall be for one or more infrastructure or 2 16 school-based crime prevention projects or combination of 2 17 projects relating to one or more of the following purposes: 2 18 (1) A county jail. 2 19 (2) A regional or multicounty jail. 2 20 (3) A county juvenile detention or shelter care home, 2 21 including retirement of outstanding debt for such a home. 2 22 (4) A regional or multicounty juvenile detention or 2 23 shelter care home. 2 24 (5) A community-based correctional program facility. 2 25 (6) A school-based crime prevention program. 2 26 c. Grant moneys under this chapter shall not be used for 2 27 purposes other than infrastructure. 2 28 d. The division may accept or reject a proposal in whole 2 29 or in part. 2 30 e. A proposal must address the need for the proposed 2 31 project, degree of urgency for the project, location of the 2 32 project, provisions for the governments within the judicial 2 33 election district to access the project, and the performance 2 34 measures to be used to evaluate the project. 2 35 f. The submission date for proposals under subsection 2, 3 1 paragraph "a" shall be on or before February 17, 1997, and the 3 2 submission date for proposals under subsection 2, paragraph 3 3 "b" shall be on or before April 18, 1997. However, for good 3 4 cause shown, the division may extend the submission date for 3 5 proposals under subsection 2, paragraph "a". It is the intent 3 6 of the general assembly that the grant award process be 3 7 complete by June 30, 1997, and awards made in the fiscal year 3 8 beginning July 1, 1997. However, the division may delay final 3 9 approval of a grant proposal which is approved in part while 3 10 full approval of the proposal is pending. 3 11 4. The office of the attorney general, the department of 3 12 education, and the university of northern Iowa's criminology 3 13 program shall work with the division in implementing a public 3 14 planning process to assist the governments in judicial 3 15 election districts in developing a proposal, developing 3 16 technical assistance materials for the grant program, 3 17 developing the request for proposals, developing proposed 3 18 scoring tools, and producing model performance measures and 3 19 other evaluation processes for grant program projects. The 3 20 public planning process shall include but is not limited to 3 21 public meetings in each of the judicial election districts. 3 22 Sec. 3. NEW SECTION. 905A.3 TASK FORCE. 3 23 1. The division shall establish and convene a local 3 24 corrections infrastructure grant program task force to assist 3 25 the division in scoring and evaluating grant proposals and 3 26 other assistance deemed necessary by the division. 3 27 2. The membership of the task force shall include but is 3 28 not limited to representatives of the following: 3 29 a. County sheriffs. 3 30 b. Police chiefs. 3 31 c. Office of the attorney general. 3 32 d. District judges. 3 33 e. Juvenile court judges. 3 34 f. Probation officers. 3 35 g. Juvenile court officers. 4 1 h. County supervisors. 4 2 i. City council members. 4 3 j. Criminal and juvenile justice planning advisory 4 4 council. 4 5 k. Juvenile services providers. 4 6 l. Community-based correctional programs. 4 7 m. County attorneys. 4 8 n. The Iowa state police association. 4 9 o. Local school officials. 4 10 p. Other members deemed necessary by the division or task 4 11 force. 4 12 3. Members of the task force are eligible for 4 13 reimbursement of actual and necessary expenses incurred in the 4 14 performance of their official duties. The task force shall 4 15 elect a chairperson and other officers deemed necessary by the 4 16 task force. 4 17 Sec. 4. NEW SECTION. 905A.4 PAYMENT OF GRANTS. 4 18 A grant awarded under section 905A.2 shall be paid from the 4 19 proceeds of bonds issued under section 16.177 or other moneys 4 20 available to the division. A project approved by the division 4 21 for a grant under this chapter is deemed to be approved by the 4 22 general assembly for purposes of issuing bonds under section 4 23 16.177. The department of corrections shall pledge amounts in 4 24 the Iowa prison infrastructure fund established under section 4 25 602.8108A as security for the payment of principal of, 4 26 premium, if any, and interest on the bonds. 4 27 Sec. 5. GRANT PROGRAM IMPLEMENTATION. There is 4 28 appropriated from the general fund of the state to the 4 29 department of human rights, division of criminal and juvenile 4 30 justice planning, for the fiscal year beginning July 1, 1996, 4 31 and ending June 30, 1997, the following amount, or so much 4 32 thereof as is necessary, to be used for the purposes 4 33 designated: 4 34 For technical assistance and staffing associated with the 4 35 development of the local corrections infrastructure grant 5 1 program enacted by this Act, including salaries, support, 5 2 maintenance, miscellaneous purposes, and for not more than the 5 3 following full-time equivalent positions: 5 4 .................................................. $ 200,000 5 5 ............................................... FTEs 2.00 5 6 Sec. 6. JUVENILE CRIME PREVENTION. There is appropriated 5 7 from the general fund of the state to the department of 5 8 economic development for the fiscal year beginning July 1, 5 9 1996, and ending June 30, 1997, the following amount, or so 5 10 much thereof as is necessary, to be used for the purposes 5 11 designated: 5 12 For continuing the juvenile crime prevention summer youth 5 13 employment program through the job training partnership Act 5 14 service delivery areas: 5 15 .................................................. $ 800,000 5 16 Sec. 7. EFFECTIVE DATE. This division of this Act, being 5 17 deemed of immediate importance, takes effect upon enactment. 5 18 DIVISION II 5 19 CIVIL PENALTIES, FINES, SURCHARGES, AND WITHHOLDING 5 20 Sec. 8. NEW SECTION. 13.34 LEGAL SERVICES FOR PERSONS IN 5 21 POVERTY GRANT PROGRAM. 5 22 1. The attorney general shall contract with an eligible 5 23 nonprofit organization to provide legal assistance to persons 5 24 in poverty. The contract shall be awarded within thirty days 5 25 after May 30, 1996. The contract may be terminated by the 5 26 attorney general upon written notice and for good cause. 5 27 2. A nonprofit organization must comply with all of the 5 28 following to be eligible for a contract under this section: 5 29 a. Be a nonprofit organization incorporated in this state. 5 30 b. Employ attorneys admitted to practice before the Iowa 5 31 supreme court and the United States district courts. 5 32 c. Have offices throughout this state. 5 33 d. Employ attorneys and staff qualified to address legal 5 34 problems experienced by persons in poverty. 5 35 3. The contracting nonprofit organization shall do all of 6 1 the following: 6 2 a. Offer direct representation of eligible individuals in 6 3 litigation and administrative cases. 6 4 b. Offer technical support to eligible individuals. 6 5 c. Utilize, to the fullest extent feasible, existing 6 6 resources of accredited law schools within this state to 6 7 provide consulting assistance to attorneys in the practice of 6 8 law in their representation of persons in poverty. 6 9 d. Assist, to the fullest extent feasible, accredited law 6 10 schools within this state in enhancing the schools' expertise 6 11 in the practice of law representing persons in poverty so that 6 12 all attorneys within the state will have a resource available 6 13 to provide training and experience in the practice of law 6 14 representing persons in poverty. 6 15 e. Cooperate, to the fullest extent feasible, with 6 16 existing informational and referral networks among persons in 6 17 poverty, providers of assistance to persons in poverty, and 6 18 others concerned with assistance to persons in poverty. 6 19 4. The contracting nonprofit organization is not a state 6 20 agency for the purposes of chapters 19A, 20, and 669. 6 21 5. An individual is eligible to obtain legal 6 22 representation and legal assistance from the contracting 6 23 nonprofit organization if the individual meets all of the 6 24 following criteria: 6 25 a. The individual is a resident of this state. 6 26 b. The individual is financially unable to acquire legal 6 27 assistance. 6 28 Sec. 9. NEW SECTION. 321.218A CIVIL PENALTY – 6 29 DISPOSITION – REINSTATEMENT. 6 30 When the department revokes a person's motor vehicle 6 31 license or nonresident operating privilege under this chapter 6 32 upon receipt of a record of conviction of the person, the 6 33 department shall assess the person a civil penalty of two 6 34 hundred dollars. The money collected by the department under 6 35 this section shall be transmitted to the treasurer of state 7 1 who shall deposit one-half of the money in the victim 7 2 compensation fund established in section 912.14. Of the 7 3 remaining moneys collected during any fiscal year, the 7 4 treasurer shall transmit the first three hundred thousand 7 5 dollars to the office of the prosecuting attorneys training 7 6 coordinator as established in chapter 13A, shall transmit the 7 7 next seven hundred thousand dollars to the office of the 7 8 attorney general to be used to implement the contract to 7 9 provide legal services to persons in poverty in accordance 7 10 with section 13.34, and shall deposit any additional moneys 7 11 collected during that fiscal year in the general fund of the 7 12 state. A temporary restricted license shall not be issued or 7 13 a motor vehicle license or nonresident operating privilege 7 14 reinstated until the civil penalty has been paid. 7 15 Sec. 10. NEW SECTION. 321A.32A CIVIL PENALTY – 7 16 DISPOSITION – REINSTATEMENT. 7 17 When the department revokes a person's motor vehicle 7 18 license or nonresident operating privilege under this chapter 7 19 upon receipt of a record of conviction of the person, the 7 20 department shall assess the person a civil penalty of two 7 21 hundred dollars. The money collected by the department under 7 22 this section shall be transmitted to the treasurer of state 7 23 who shall deposit one-half of the money in the victim 7 24 compensation fund established in section 912.14 and one-half 7 25 of the money shall be deposited in the general fund of the 7 26 state. A temporary restricted license shall not be issued or 7 27 a motor vehicle license or nonresident operating privilege 7 28 reinstated until the civil penalty has been paid. 7 29 Sec. 11. Section 331.302, subsection 2, Code 1995, is 7 30 amended to read as follows: 7 31 2. A county shall not provide a penalty in excess of a one 7 32 hundred dollar fine or in excess of thirty days imprisonment 7 33 for the violation of an ordinance. The criminal penalty 7 34 surcharge required by section 911.2 and the jail, courthouse 7 35 security, and detention facility surcharge required by section 8 1 911A.2 shall be added to a county fine andisare not a part 8 2 of the county's penalty. 8 3 Sec. 12. Section 364.3, subsection 2, Code 1995, is 8 4 amended to read as follows: 8 5 2. A city shall not provide a penalty in excess of a one 8 6 hundred dollar fine or in excess of thirty days imprisonment 8 7 for the violation of an ordinance. An amount equal to ten 8 8 percent of all fines collected by cities shall be deposited in 8 9 the account established in section 602.8108. However, one 8 10 hundred percent of all fines collected by a city pursuant to 8 11 section 321.236, subsection 1, shall be retained by the city. 8 12 The criminal penalty surcharge required by section 911.2 and 8 13 the jail, courthouse security, and detention facility 8 14 surcharge required by section 911A.2 shall be added to a city 8 15 fine andisare not a part of the city's penalty. 8 16 Sec. 13. Section 602.8107, subsection 2, paragraph b, Code 8 17 Supplement 1995, is amended to read as follows: 8 18 b. Fines or penalties andcriminal penaltysurcharges. 8 19 Sec. 14. Section 602.8107, subsection 4, unnumbered 8 20 paragraph 2, Code Supplement 1995, is amended to read as 8 21 follows: 8 22 This subsection does not apply to amounts collected for 8 23 victim restitution, the victim compensation fund, criminal 8 24 penalty surcharge, jail, courthouse security, and detention 8 25 facility surcharge, or amounts collected as a result of 8 26 procedures initiated under subsection 5 or under section 8 27 421.17, subsection 25. 8 28 Sec. 15. Section 805.8, subsection 1, Code Supplement 8 29 1995, is amended to read as follows: 8 30 1. APPLICATION. Except as otherwise indicated, violations 8 31 of sections of the Code specified in this section are 8 32 scheduled violations, and the scheduled fine for each of those 8 33 violations is as provided in this section, whether the 8 34 violation is of state law or of a county or city ordinance. 8 35 The criminal penalty surcharge required by section 911.2 and 9 1 the jail, courthouse security, and detention facility 9 2 surcharge required by section 911A.2 shall be added to the 9 3 scheduled fine. 9 4 Sec. 16. Section 805.8, subsection 11, unnumbered 9 5 paragraph 1, Code Supplement 1995, is amended to read as 9 6 follows: 9 7 For violations of section 142B.6 or 453A.2, subsection 2, 9 8 the scheduled fine is twenty-five dollars, and is a civil 9 9 penalty, and the criminal penalty surcharge under section 9 10 911.2 and the jail, courthouse security, and detention 9 11 facility surcharge under section 911A.2 shall not be added to 9 12 the penalty, and the court costs pursuant to section 805.9, 9 13 subsection 6, shall not be imposed. If the civil penalty 9 14 assessed for a violation of section 142B.6 is not paid in a 9 15 timely manner, a citation shall be issued for the violation in 9 16 the manner provided in section 804.1. However, a person under 9 17 age eighteen shall not be detained in a secure facility for 9 18 failure to pay the civil penalty. The complainant shall not 9 19 be charged a filing fee. 9 20 Sec. 17. Section 902.9, unnumbered paragraph 2, Code 1995, 9 21 is amended to read as follows: 9 22 The criminal penalty surcharge required by section 911.2 9 23 and the jail, courthouse security, and detention facility 9 24 surcharge required by section 911A.2 shall be added to a fine 9 25 imposed on a class "C" or class "D" felon, as provided bythat9 26sectionthose sections, andisare not a part of or subject to 9 27 the maximums set in this section. 9 28 Sec. 18. Section 903.1, subsection 4, Code 1995, is 9 29 amended to read as follows: 9 30 4. The criminal penalty surcharge required by section 9 31 911.2 and the jail, courthouse security, and detention 9 32 facility surcharge required by section 911A.2 shall be added 9 33 to a fine imposed on a misdemeanant, andisare not a part of 9 34 or subject to the maximums set in this section. 9 35 Sec. 19. NEW SECTION. 907.14 PAYMENT IN LIEU OF FINE. 10 1 When the court has deferred judgment the court may order 10 2 the defendant to pay an amount in lieu of a fine in a case 10 3 where a minimum fine would otherwise be ordered. Payments in 10 4 lieu of fines shall be ordered, enforced, and administered as 10 5 fines under chapter 909. 10 6 Sec. 20. Section 909.3, Code 1995, is amended by adding 10 7 the following new subsection: 10 8 NEW SUBSECTION. 3. If the court orders a fine to be paid 10 9 as provided by subsection 2, the court shall require the 10 10 defendant to execute a mandatory wage assignment that would 10 11 ensure payment of the fine within twelve months of the date 10 12 the wage assignment becomes effective. The wage assignment 10 13 shall be enforced if the defendant fails to make payment as 10 14 provided in subsection 2. 10 15 A mandatory wage assignment executed pursuant to this 10 16 section is not subject to the limitation on garnishment 10 17 provided in sections 537.5105 and 642.21, and is not subject 10 18 to the limitation on assignment of benefits under chapter 96 10 19 as provided in section 96.15. However, a wage assignment 10 20 executed under this subsection shall be enforced only after an 10 21 order for income withholding pursuant to chapter 252D or a 10 22 court-ordered wage assignment for purposes of support is 10 23 entered and enforced. A wage assignment executed under this 10 24 subsection shall be limited as specified in 15 U.S.C. } 10 25 1673(b). 10 26 Sec. 21. Section 909.8, Code 1995, is amended to read as 10 27 follows: 10 28 909.8 PAYMENT AND COLLECTION PROVISIONS APPLY TOCRIMINAL10 29PENALTY SURCHARGESURCHARGES. 10 30 The provisions of this chapter governing the payment and 10 31 collection of a fine, except section 909.3A, also apply to the 10 32 payment and collection of a criminal penalty surcharge imposed 10 33 pursuant to chapter 911 and the jail, courthouse security, and 10 34 detention facility surcharge imposed pursuant to section 10 35 911A.2. 11 1 Sec. 22. Section 909.10, subsection 1, Code 1995, is 11 2 amended to read as follows: 11 3 1. As used in this section, unless the context otherwise 11 4 requires, "delinquent amounts" means a fine, court-imposed 11 5 court costs in a criminal proceeding,orcriminal surcharge 11 6 imposed pursuant to section 911.2, or jail, courthouse 11 7 security, and detention facility surcharge imposed pursuant to 11 8 section 911A.2, which remains unpaid after two years from the 11 9 date that the fine, court costs, or surcharge was imposed, and 11 10 which is not collected by the county attorney pursuant to 11 11 section 602.8107. However, if the fine may be paid in 11 12 installments pursuant to section 909.3, the fine is not a 11 13 delinquent amount unless the installment remains unpaid after 11 14 two years from the date the installment was due. 11 15 Sec. 23. NEW SECTION. 911A.1 JAIL, COURTHOUSE SECURITY, 11 16 AND DETENTION FACILITY SURCHARGE ESTABLISHED. 11 17 A jail, courthouse security, and detention facility 11 18 surcharge shall be levied against certain law violators as 11 19 provided in section 911A.2. The surcharge shall be used as 11 20 provided in section 911A.3. 11 21 Sec. 24. NEW SECTION. 911A.2 SURCHARGE. 11 22 When a court imposes a fine or forfeiture for a violation 11 23 of a state law, or of a city or county ordinance except an 11 24 ordinance regulating the parking of motor vehicles, the court 11 25 shall assess an additional penalty in the form of a surcharge 11 26 equal to ten dollars. In the event of multiple offenses, the 11 27 surcharge shall be based upon the total number of offenses. 11 28 When a fine or forfeiture is suspended in whole or in part, 11 29 the surcharge shall not be reduced. 11 30 The surcharge is subject to the provisions of chapter 909 11 31 governing the payment and collection of fines, as provided in 11 32 section 909.8. 11 33 Sec. 25. NEW SECTION. 911A.3 DISPOSITION OF SURCHARGE. 11 34 1. When a court assesses a surcharge under section 911A.2, 11 35 notwithstanding any other provision of the Code to the 12 1 contrary, proceeds from the surcharge shall be appropriated 12 2 and transferred to the treasurer of the county in which the 12 3 citation was issued to be deposited in the county general fund 12 4 and used only for courthouse security and the improvement, 12 5 expansion, operation, or construction of a jail or juvenile 12 6 detention facility. 12 7 2. At any time and for the purposes specified in 12 8 subsection 1, a county may transfer proceeds received and 12 9 deposited pursuant to this section to a contiguous county or a 12 10 county that has a relationship with the transferring county 12 11 concerning the use of a jail or juvenile detention facility in 12 12 the recipient county. 12 13 Sec. 26. Section 912.14, Code 1995, is amended to read as 12 14 follows: 12 15 912.14 VICTIM COMPENSATION FUND. 12 16 A victim compensation fund is established as a separate 12 17 fund in the state treasury. Moneys deposited in the fund 12 18 shall be administered by the department and dedicated to and 12 19 used for the purposes ofsectionsections 236.15 and 709.10 12 20 and this chapter. The department may use moneys in the victim 12 21 compensation fund to award funding to programs providing 12 22 services and support to victims of domestic abuse or sexual 12 23 assault as provided in chapter 236. Notwithstanding section 12 24 8.33, any balance in the fund on June 30 of any fiscal year 12 25 shall not revert to the general fund of the state. 12 26 SF 2142 12 27 jp/cc/26
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