Text: SSB00200 - SSB00299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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 .................................................. $ 5,142,801 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 h. For the operation of the Mitchellville correctional 7 6 facility, including salaries, support, maintenance, employment 7 7 of 71.5 correctional officers, miscellaneous purposes, and for 7 8 not more than the following full-time equivalent positions: 7 9 .................................................. $ 6,288,619 7 10 ............................................... FTEs 132.00 7 11 2. a. If the inmate tort claim fund for inmate claims of 7 12 less than $50 is exhausted during the fiscal year, sufficient 7 13 funds shall be transferred from the institutional budgets to 7 14 pay approved tort claims for the balance of the fiscal year. 7 15 The warden or superintendent of each institution or 7 16 correctional facility shall designate an employee to receive, 7 17 investigate, and recommend whether to pay any properly filed 7 18 inmate tort claim for less than the above amount. The 7 19 designee's recommendation shall be approved or denied by the 7 20 warden or superintendent and forwarded to the department of 7 21 corrections for final approval and payment. The amounts 7 22 appropriated to this fund pursuant to 1987 Iowa Acts, chapter 7 23 234, section 304, subsection 2, are not subject to reversion 7 24 under section 8.33. 7 25 b. Tort claims denied at the institution shall be 7 26 forwarded to the state appeal board for their consideration as 7 27 if originally filed with that body. This procedure shall be 7 28 used in lieu of chapter 669 for inmate tort claims of less 7 29 than $50. 7 30 Sec. 5. DEPARTMENT OF CORRECTIONS &endash; ADMINISTRATION. 7 31 There is appropriated from the general fund of the state to 7 32 the department of corrections for the fiscal year beginning 7 33 July 1, 1995, and ending June 30, 1996, the following amounts, 7 34 or so much thereof as is necessary, to be used for the 7 35 purposes designated: 8 1 1. For general administration, including salaries, 8 2 support, maintenance, employment of an education director and 8 3 clerk to administer a centralized education program for the 8 4 correctional system, miscellaneous purposes, and for not more 8 5 than the following full-time equivalent positions: 8 6 .................................................. $ 2,298,531 8 7 ............................................... FTEs 38.18 8 8 The department shall monitor the use of the classification 8 9 model by the judicial district departments of correctional 8 10 services and has the authority to override a district 8 11 department's decision regarding classification of community- 8 12 based clients. The department shall notify a district 8 13 department of the reasons for the override. 8 14 2. For reimbursement of counties for temporary confinement 8 15 of work release and parole violators, as provided in sections 8 16 901.7, 904.908, and 906.17 and for offenders confined pursuant 8 17 to section 904.513: 8 18 .................................................. $ 237,038 8 19 3. For federal prison reimbursement, reimbursements for 8 20 out-of-state placements, and miscellaneous contracts: 8 21 .................................................. $ 341,334 8 22 The department of corrections shall use funds appropriated 8 23 by this subsection to continue to contract for the services of 8 24 a Muslim imam. 8 25 4. For salaries, support, maintenance, miscellaneous 8 26 purposes, and for not more than the following full-time 8 27 equivalent positions at the correctional training center at 8 28 Mt. Pleasant: 8 29 .................................................. $ 384,597 8 30 ............................................... FTEs 7.16 8 31 5. For annual payment relating to the financial 8 32 arrangement for the construction of expansion in prison 8 33 capacity as provided in 1989 Iowa Acts, chapter 316, section 8 34 7, subsection 6: 8 35 .................................................. $ 625,860 9 1 6. For annual payment relating to the financial 9 2 arrangement for the construction of expansion in prison 9 3 capacity as provided in 1990 Iowa Acts, chapter 1257, section 9 4 24: 9 5 .................................................. $ 3,180,990 9 6 Sec. 6. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 9 7 SERVICES. 9 8 1. There is appropriated from the general fund of the 9 9 state to the department of corrections for the fiscal year 9 10 beginning July 1, 1995, and ending June 30, 1996, the 9 11 following amounts, or so much thereof as is necessary, to be 9 12 allocated as follows: 9 13 a. For the first judicial district department of 9 14 correctional services, including the treatment and supervision 9 15 of probation and parole violators who have been released from 9 16 the department of corrections violator program, the following 9 17 amount, or so much thereof as is necessary: 9 18 .................................................. $ 6,648,762 9 19 (1) The district department shall continue the intensive 9 20 supervision program established within the district in 1988 9 21 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 9 22 "a", and the sex offender treatment program established within 9 23 the district in 1989 Iowa Acts, chapter 316, section 8, 9 24 subsection 1, paragraph "a". 9 25 (2) The district department, in cooperation with the chief 9 26 judge of the judicial district, shall continue the 9 27 implementation of a plan to divert low-risk offenders to the 9 28 least restrictive sanction available. 9 29 b. For the second judicial district department of 9 30 correctional services, including the treatment and supervision 9 31 of probation and parole violators who have been released from 9 32 the department of corrections violator program, the following 9 33 amount, or so much thereof as is necessary: 9 34 .................................................. $ 5,375,715 9 35 (1) The district department shall continue the sex 10 1 offender treatment program established within the district in 10 2 1988 Iowa Acts, chapter 1271, section 6, subsection 1, 10 3 paragraph "b". 10 4 (2) The district department, in cooperation with the chief 10 5 judge of the judicial district, shall continue the 10 6 implementation of a plan to divert low-risk offenders to the 10 7 least restrictive sanction available. 10 8 c. For the third judicial district department of 10 9 correctional services, including the treatment and supervision 10 10 of probation and parole violators who have been released from 10 11 the department of corrections violator program, the following 10 12 amount, or so much thereof as is necessary: 10 13 .................................................. $ 3,284,176 10 14 (1) The district department shall continue the sex 10 15 offender treatment program established within the district in 10 16 1988 Iowa Acts, chapter 1271, section 6, subsection 1, 10 17 paragraph "c", and the intensive supervision program 10 18 established within the district in 1990 Iowa Acts, chapter 10 19 1268, section 6, subsection 3, paragraph "d". 10 20 (2) The district department, in cooperation with the chief 10 21 judge of the judicial district, shall continue the 10 22 implementation of a plan to divert low-risk offenders to the 10 23 least restrictive sanction available. 10 24 d. For the fourth judicial district department of 10 25 correctional services, including the treatment and supervision 10 26 of probation and parole violators who have been released from 10 27 the department of corrections violator program, the following 10 28 amount, or so much thereof as is necessary: 10 29 .................................................. $ 2,398,328 10 30 (1) The district department shall continue the sex 10 31 offender treatment program established within the district in 10 32 1988 Iowa Acts, chapter 1271, section 6, subsection 1, 10 33 paragraph "d". 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 e. For the fifth 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 .................................................. $ 8,784,368 11 9 (1) The district department shall continue the intensive 11 10 supervision program established within the district in 1988 11 11 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 11 12 "e", and shall continue to provide for the rental of 11 13 electronic monitoring equipment. 11 14 (2) The district department, in cooperation with the chief 11 15 judge of the judicial district, shall continue the 11 16 implementation of a plan to divert low-risk offenders to the 11 17 least restrictive sanction available. 11 18 f. For the sixth judicial district department of 11 19 correctional services, including the treatment and supervision 11 20 of probation and parole violators who have been released from 11 21 the department of corrections violator program, the following 11 22 amount, or so much thereof as is necessary: 11 23 .................................................. $ 6,918,725 11 24 (1) The district department shall continue the intensive 11 25 supervision program established within the district in 1988 11 26 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 11 27 "f", and the sex offender treatment program established within 11 28 the district in 1989 Iowa Acts, chapter 316, section 8, 11 29 subsection 1, paragraph "f". 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 (3) The district department shall continue the 11 35 implementation of a plan providing for the expanded use of 12 1 intermediate criminal sanctions, as provided in 1993 Iowa 12 2 Acts, chapter 171, section 6, subsection 1, paragraph "f", 12 3 subparagraph (3). 12 4 g. For the seventh judicial district department of 12 5 correctional services, including the treatment and supervision 12 6 of probation and parole violators who have been released from 12 7 the department of corrections violator program, the following 12 8 amount, or so much thereof as is necessary: 12 9 .................................................. $ 4,372,318 12 10 (1) The district department shall continue the intensive 12 11 supervision program established within the district in 1988 12 12 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 12 13 "g", and shall continue the sex offender treatment program 12 14 established within the district in 1989 Iowa Acts, chapter 12 15 316, section 8, subsection 1, paragraph "g". 12 16 (2) The district department shall continue the job 12 17 development program established within the district in 1990 12 18 Iowa Acts, chapter 1268, section 6, subsection 7, paragraph 12 19 "e". 12 20 (3) The district department, in cooperation with the chief 12 21 judge of the judicial district, shall continue the 12 22 implementation of a plan to divert low-risk offenders to the 12 23 least restrictive sanction available. 12 24 h. For the eighth judicial district department of 12 25 correctional services, including the treatment and supervision 12 26 of probation and parole violators who have been released from 12 27 the department of corrections violator program, the following 12 28 amount, or so much thereof as is necessary: 12 29 .................................................. $ 3,905,921 12 30 (1) The district department shall continue the intensive 12 31 supervision program established within the district in 1988 12 32 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 12 33 "h", and shall continue the sex offender treatment program 12 34 established within the district in 1989 Iowa Acts, chapter 12 35 316, section 8, subsection 1, paragraph "h". 13 1 (2) The district department, in cooperation with the chief 13 2 judge of the judicial district, shall continue the 13 3 implementation of a plan to divert low-risk offenders to the 13 4 least restrictive sanction available. 13 5 i. For the department of corrections for the assistance 13 6 and support of each judicial district department of 13 7 correctional services, the following amount, or so much 13 8 thereof as is necessary: 13 9 .................................................. $ 83,576 13 10 2. The department of corrections shall continue to 13 11 contract with a judicial district department of correctional 13 12 services to provide for the rental of electronic monitoring 13 13 equipment which shall be available statewide. 13 14 3. Each judicial district department of correctional 13 15 services and the department of corrections shall continue the 13 16 treatment alternatives to street crime programs established in 13 17 1989 Iowa Acts, chapter 225, section 9. 13 18 4. The governor's alliance on substance abuse shall 13 19 consider federal grants made to the department of corrections 13 20 for the benefit of each of the eight judicial district 13 21 departments of correctional services as local government 13 22 grants, as defined pursuant to federal regulations. 13 23 5. Each judicial district department of correctional 13 24 services shall provide a report concerning the treatment and 13 25 supervision of probation and parole violators who have been 13 26 released from the department of corrections violator program, 13 27 to the co-chairpersons and ranking members of the joint 13 28 appropriations subcommittee on the justice system and the 13 29 legislative fiscal bureau, on or before January 15, 1996. 13 30 6. It is the intent of the general assembly that each 13 31 judicial district department of correctional services shall 13 32 operate the community-based correctional facilities in a 13 33 manner which provides for a residential population of at least 13 34 110 percent of the design capacity of the facility. 13 35 Sec. 7. JUDICIAL DEPARTMENT. There is appropriated from 14 1 the general fund of the state to the judicial department for 14 2 the fiscal year beginning July 1, 1995, and ending June 30, 14 3 1996, the following amounts, or so much thereof as is 14 4 necessary, to be used for the purposes designated: 14 5 1. For salaries of supreme court justices, appellate court 14 6 judges, district court judges, district associate judges, 14 7 judicial magistrates and staff, state court administrator, 14 8 clerk of the supreme court, district court administrators, 14 9 clerks of the district court, trial court supervisors, trial 14 10 court technicians II, financial supervisors I and II, juvenile 14 11 court officers, board of law examiners and board of examiners 14 12 of shorthand reporters and judicial qualifications commission, 14 13 receipt and disbursement of child support payments, 14 14 reimbursement of the auditor of state for expenses incurred in 14 15 completing audits of the offices of the clerks of the district 14 16 court during the fiscal year beginning July 1, 1995, and 14 17 maintenance, equipment, and miscellaneous purposes: 14 18 .................................................. $ 87,244,771 14 19 a. The judicial department, except for purposes of 14 20 internal processing, shall use the current state budget 14 21 system, the state payroll system, and the Iowa finance and 14 22 accounting system in administration of programs and payments 14 23 for services, and shall not duplicate the state payroll, 14 24 accounting, and budgeting systems. 14 25 b. The judicial department shall submit monthly financial 14 26 statements to the legislative fiscal bureau and the department 14 27 of management containing all appropriated accounts in the same 14 28 manner as provided in the monthly financial status reports and 14 29 personal services usage reports of the department of revenue 14 30 and finance. The monthly financial statements shall include a 14 31 comparison of the dollars and percentage spent of budgeted 14 32 versus actual revenues and expenditures on a cumulative basis 14 33 for full-time equivalent positions and dollars. 14 34 c. It is the intent of the general assembly that counties 14 35 installing new telephone systems shall provide those systems 15 1 to all judicial department offices within the county at no 15 2 cost. 15 3 d. Of the funds appropriated in this subsection, not more 15 4 than $1,897,728 may be transferred into the revolving fund 15 5 established pursuant to section 602.1302, subsection 3, to be 15 6 used for the payment of jury and witness fees and mileage. 15 7 e. Of the funds appropriated in this subsection, the 15 8 judicial department shall use not more than $968,716 for an 15 9 additional 7 district court judges and an additional 7 court 15 10 reporters. Of the additional district court judges and court 15 11 reporters, 1 additional district court judge and 1 court 15 12 reporter shall be assigned to each of the first, fourth, 15 13 sixth, seventh, and eighth judicial districts, and 2 15 14 additional district court judges and 2 court reporters shall 15 15 be assigned to the fifth judicial district. 15 16 f. Of the funds appropriated in this subsection, the 15 17 judicial department shall use not more than $507,184 for an 15 18 additional 4 district associate judges and 4 additional court 15 19 reporters, with 3 of the additional district associate judges 15 20 and 3 additional court reporters to be assigned to the fifth 15 21 judicial district and 1 additional district associate judge 15 22 and 1 additional court reporter to be assigned to the second 15 23 judicial district. 15 24 g. Of the funds appropriated in this subsection, the 15 25 judicial department shall use the following amounts for the 15 26 purposes indicated: 15 27 (1) For an additional 1 FTE for the expansion of the 15 28 court-appointed special advocate program, $43,336. 15 29 (2) For an additional 4 juvenile court officers, $133,635. 15 30 h. It is the intent of the general assembly that the 15 31 judicial department reduce the amounts expended for travel, 15 32 office supplies, and printing by 5 percent from the amounts 15 33 expended for these purposes during the 1994-1995 fiscal year. 15 34 i. Of the funds appropriated in this subsection, the 15 35 judicial department shall use not more than $1,290,000 for 16 1 increasing the existing capacity of the Iowa court information 16 2 system by extending the system into 15 additional counties and 16 3 for the development of a computer software program to allow 16 4 state agencies to gain access to data in the Iowa court 16 5 information system. However, the funds shall not be used to 16 6 expand the applications of the system for purposes other than 16 7 those for which the system is currently used, and the judicial 16 8 department shall focus efforts in utilizing the funds referred 16 9 to in this paragraph upon the collection of delinquent fines, 16 10 penalties, court costs, fees, surcharges, or similar amounts. 16 11 The judicial department shall investigate the most efficient 16 12 way to complete the expansion of the department's entire 16 13 communication and information management system, and include 16 14 this information in a report to be submitted to the co- 16 15 chairpersons and ranking members of the joint appropriations 16 16 subcommittee on the justice system and the legislative fiscal 16 17 bureau, on or before January 15, 1996. 16 18 j. It is the intent of the general assembly that the 16 19 offices of the clerks of the district court operate in all 16 20 ninety-nine counties and be accessible to the public as much 16 21 as is reasonably possible in order to address the relative 16 22 needs of the citizens of each county. 16 23 k. The judicial department shall report to the co- 16 24 chairpersons and ranking members of the joint appropriations 16 25 subcommittee on the justice system by February 1, 1996, 16 26 concerning an evaluation of the needs of the court system, 16 27 particularly resources necessary to meet the increasing 16 28 demands on the courts. The report shall also identify 16 29 legislative changes which would reduce or alleviate the 16 30 workload of the courts. 16 31 l. The judicial department shall use a portion of the 16 32 funds appropriated in this subsection for educating and 16 33 training the appropriate court personnel in alternative 16 34 dispute resolution techniques. 16 35 2. For the juvenile victim restitution program: 17 1 .................................................. $ 155,396 17 2 Sec. 8. IOWA COURT INFORMATION SYSTEM. There is 17 3 appropriated from the general fund of the state to the 17 4 judicial department for the fiscal year beginning July 1, 17 5 1995, and ending June 30, 1996, the following amount, or so 17 6 much thereof as is necessary, to be used for the purpose 17 7 designated: 17 8 For the Iowa court information system: 17 9 .................................................. $ 857,500 17 10 1. In addition to the requirements for transfers under 17 11 section 8.39, the judicial department shall not change the 17 12 appropriations from the amounts appropriated in this section, 17 13 unless notice of the revisions is given prior to their 17 14 effective date to the legislative fiscal bureau. The notice 17 15 shall include information on the department's rationale for 17 16 making the changes and details concerning the work load and 17 17 performance measures upon which the changes are based. 17 18 2. a. The judicial department shall provide a report 17 19 semiannually to the co-chairpersons and ranking members of the 17 20 joint appropriations subcommittee on the justice system and 17 21 the legislative fiscal bureau specifying the amounts of fines, 17 22 surcharges, and court costs collected using the Iowa court 17 23 information system. The report shall demonstrate and specify 17 24 how the Iowa court information system is used to improve the 17 25 collection process. The report shall also compare fines, 17 26 surcharges, and court costs collected in selected counties 17 27 which are using an automated system versus the amounts 17 28 collected in at least three counties which are not using an 17 29 automated system. 17 30 b. A report required by this section shall be made by 17 31 January 15, 1996, for the counties added to the Iowa court 17 32 information system during the 1994-1995 fiscal year, and by 17 33 January 15, 1997, for the 15 additional counties added to the 17 34 system by this Act, indicating whether the counties have 17 35 reduced uncollected court fines and fees by 50 percent as a 18 1 result of being added to the system. 18 2 Sec. 9. ENHANCED COURT COLLECTIONS FUND &endash; DISTRIBUTION. 18 3 Of the moneys collected and deposited in the enhanced court 18 4 collections fund created in section 602.1304, as enacted by 18 5 this Act, the first $359,000 deposited in the fund in the 18 6 fiscal year beginning July 1, 1995, for use by the Iowa court 18 7 information system shall be expended for the purchase of jury 18 8 management software. Any additional moneys deposited in the 18 9 enhanced court collections fund in the fiscal year beginning 18 10 July 1, 1995, shall not be used for appellate software. 18 11 Sec. 10. JUDICIAL RETIREMENT FUND. There is appropriated 18 12 from the general fund of the state to the judicial retirement 18 13 fund for the fiscal year beginning July 1, 1995, and ending 18 14 June 30, 1996, the following amount, or so much thereof as is 18 15 necessary, to be used for the purpose designated: 18 16 For the state's contribution to the judicial retirement 18 17 fund established in section 602.9104, in the amount of 23.7 18 18 percent of the basic salaries of the judges covered under 18 19 chapter 602, article 9: 18 20 .................................................. $ 3,150,915 18 21 Sec. 11. INDIGENT DEFENSE COSTS. The supreme court shall 18 22 submit a written report for the preceding fiscal year no later 18 23 than January 1 of each year indicating the amounts collected 18 24 pursuant to section 815.9A, relating to recovery of indigent 18 25 defense costs. The report shall include the total amount 18 26 collected by all courts, as well as the amounts collected by 18 27 each judicial district. The supreme court shall also submit a 18 28 written report quarterly indicating the number of criminal and 18 29 juvenile filings which occur in each judicial district for 18 30 purposes of estimating indigent defense costs. A copy of each 18 31 report shall be provided to the public defender, the 18 32 department of management, and the legislative fiscal bureau. 18 33 The judicial department shall continue to assist in the 18 34 development of an automated data system for use in the sharing 18 35 of information utilizing the generic program interface for 19 1 legislative and executive branch uses. 19 2 Sec. 12. AUTOMATED DATA SYSTEM. The department of 19 3 corrections, judicial district departments of correctional 19 4 services, board of parole, and the judicial department shall 19 5 continue to develop an automated data system for use in the 19 6 sharing of information between the department of corrections, 19 7 judicial district departments of correctional services, board 19 8 of parole, and the judicial department. The information to be 19 9 shared shall concern any individual who may, as the result of 19 10 an arrest or infraction of any law, be subject to the 19 11 jurisdiction of the department of corrections, judicial 19 12 district departments of correctional services, or board of 19 13 parole. The department of corrections, in consultation and 19 14 cooperation with the judicial district departments of 19 15 correctional services, the board of parole, and the judicial 19 16 department, shall provide a report concerning the development 19 17 of the automated data system to the co-chairpersons and 19 18 ranking members of the joint appropriations subcommittee on 19 19 the justice system and the legislative fiscal bureau, on or 19 20 before January 15, 1996. 19 21 Sec. 13. CORRECTIONAL INSTITUTIONS &endash; VOCATIONAL TRAINING. 19 22 The state prison industries board and the department of 19 23 corrections shall continue the implementation of a plan to 19 24 enhance vocational training opportunities within the 19 25 correctional institutions listed in section 904.102, as 19 26 provided in 1993 Iowa Acts, chapter 171, section 12. The plan 19 27 shall provide for increased vocational training opportunities 19 28 within the correctional institutions, including the 19 29 possibility of approving community college credit for inmates 19 30 working in prison industries. The department of corrections 19 31 shall provide a report concerning the implementation of the 19 32 plan to the co-chairpersons and ranking members of the joint 19 33 appropriations subcommittee on the justice system and the 19 34 legislative fiscal bureau, on or before January 15, 1996. 19 35 Sec. 14. APPROPRIATIONS TO THE DEPARTMENT OF CORRECTIONS 20 1 &endash; MONEYS ENCUMBERED &endash; PRIORITIES. 20 2 1. Notwithstanding any other provision of law to the 20 3 contrary, moneys appropriated to the department of corrections 20 4 pursuant to 1994 Iowa Acts, chapter 1196, sections 4, 5, and 20 5 6, shall be considered encumbered pursuant to section 8.33, 20 6 and shall not revert to the general fund of the state at the 20 7 end of the fiscal year commencing July 1, 1994. As used in 20 8 this section, unless the context otherwise requires, 20 9 "encumbered funds" means the moneys appropriated to the 20 10 department of corrections pursuant to 1994 Iowa Acts, chapter 20 11 1196, sections 4, 5, and 6, which would otherwise revert to 20 12 the general fund of the state after the end of the fiscal year 20 13 in which the moneys were appropriated, but for the prohibition 20 14 contained in this section. 20 15 2. The department of corrections shall use encumbered 20 16 funds in the fiscal year commencing July 1, 1995, to fund up 20 17 to an additional 50 FTEs for the employment of correctional 20 18 officers in the correctional institutions specified in section 20 19 904.102, and to purchase surveillance cameras and other 20 20 necessary surveillance equipment for use in correctional 20 21 institutions. The full-time equivalent positions provided in 20 22 this section for the employment of correctional officers and 20 23 the funding provided for the purchase of equipment are in 20 24 addition to any full-time equivalent positions or equipment 20 25 funded in section 4 of this Act. The department of 20 26 corrections shall use its discretion in distributing the 20 27 additional correctional officers and equipment throughout the 20 28 correctional facilities. The department of corrections shall 20 29 file a report with the department of management concerning 20 30 correctional officer positions filled and critically needed 20 31 safety equipment purchased from encumbered funds provided 20 32 under this section. If the department is able to fund an 20 33 additional 50 FTEs for the employment of correctional officers 20 34 pursuant to this section and to purchase all critically needed 20 35 safety equipment, any remaining funds shall be unencumbered 21 1 and shall revert to the general fund of the state at the end 21 2 of the fiscal year commencing July 1, 1995. 21 3 Sec. 15. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 21 4 1. As used in this section, unless the context otherwise 21 5 requires, "state agency" means the government of the state of 21 6 Iowa, including but not limited to all executive departments, 21 7 agencies, boards, bureaus, and commissions, the judicial 21 8 department, the general assembly and all legislative agencies, 21 9 institutions within the purview of the state board of regents, 21 10 and any corporation whose primary function is to act as an 21 11 instrumentality of the state. 21 12 2. State agencies are hereby encouraged to purchase 21 13 products from Iowa state industries, as defined in section 21 14 904.802, when purchases are required and the products are 21 15 available from Iowa state industries. 21 16 Sec. 16. STATE PUBLIC DEFENDER. There is appropriated 21 17 from the general fund of the state to the office of the state 21 18 public defender of the department of inspections and appeals 21 19 for the fiscal year beginning July 1, 1995, and ending June 21 20 30, 1996, the following amounts, or so much thereof as is 21 21 necessary, for the purposes designated, and for not more than 21 22 the following full-time equivalent positions: 21 23 1. For salaries, support, maintenance, and miscellaneous 21 24 purposes: 21 25 .................................................. $ 9,020,095 21 26 ............................................... FTEs 160.30 21 27 2. For indigent court-appointed attorney fees for adults 21 28 and juveniles, notwithstanding section 232.141 and chapter 21 29 815: 21 30 .................................................. $ 11,751,800 21 31 The department of inspections and appeals shall design a 21 32 uniform statewide fee claim form for juvenile court cases for 21 33 all attorneys to utilize in submitting fee claims to the 21 34 counties for payment so as to enable the department to compile 21 35 statewide cost and statistical information. The department 22 1 may adopt emergency rules to implement this process. 22 2 Sec. 17. EMERGENCY RULES. If specifically authorized by a 22 3 provision of this Act, the department of inspections and 22 4 appeals may adopt administrative rules under section 17A.4, 22 5 subsection 2, and section 17A.5, subsection 2, paragraph "b", 22 6 to implement the provisions and the rules shall become 22 7 effective immediately upon filing, unless a later effective 22 8 date is specified in the rules. Any rules adopted in 22 9 accordance with the provisions of this section shall also be 22 10 published as notice of intended action as provided in section 22 11 17A.4. 22 12 Sec. 18. IOWA LAW ENFORCEMENT ACADEMY. There is 22 13 appropriated from the general fund of the state to the Iowa 22 14 law enforcement academy for the fiscal year beginning July 1, 22 15 1995, and ending June 30, 1996, the following amounts, or so 22 16 much thereof as is necessary, to be used for the purposes 22 17 designated: 22 18 1. For salaries, support, maintenance, miscellaneous 22 19 purposes, including jailer training and technical assistance, 22 20 and for not more than the following full-time equivalent 22 21 positions: 22 22 .................................................. $ 1,000,154 22 23 ............................................... FTEs 24.00 22 24 2. For salaries, support, maintenance, and miscellaneous 22 25 purposes to provide statewide coordination of the drug abuse 22 26 resistance education (D.A.R.E.) program: 22 27 .................................................. $ 14,300 22 28 Sec. 19. DEPARTMENT OF PUBLIC DEFENSE. There is 22 29 appropriated from the general fund of the state to the 22 30 department of public defense for the fiscal year beginning 22 31 July 1, 1995, and ending June 30, 1996, the following amounts, 22 32 or so much thereof as is necessary, to be used for the 22 33 purposes designated: 22 34 1. MILITARY DIVISION 22 35 For salaries, support, maintenance, miscellaneous purposes, 23 1 and for not more than the following full-time equivalent 23 2 positions: 23 3 .................................................. $ 3,852,724 23 4 ............................................... FTEs 212.26 23 5 If there is a surplus in the general fund of the state for 23 6 the fiscal year ending June 30, 1996, within 60 days after the 23 7 closing of the fiscal year, the military division may incur up 23 8 to an additional $500,000 in expenditures from the surplus 23 9 prior to transfer of the surplus pursuant to section 8.57. 23 10 2. EMERGENCY MANAGEMENT DIVISION 23 11 For salaries, support, maintenance, miscellaneous purposes, 23 12 and for not more than the following full-time equivalent 23 13 positions: 23 14 .................................................. $ 486,498 23 15 ............................................... FTEs 14.05 23 16 Sec. 20. DEPARTMENT OF PUBLIC SAFETY. There is 23 17 appropriated from the general fund of the state to the 23 18 department of public safety for the fiscal year beginning July 23 19 1, 1995, and ending June 30, 1996, the following amounts, or 23 20 so much thereof as is necessary, to be used for the purposes 23 21 designated: 23 22 1. For the department's administrative functions, 23 23 including the medical examiner's office and the criminal 23 24 justice information system, and for not more than the 23 25 following full-time equivalent positions: 23 26 .................................................. $ 2,179,251 23 27 ............................................... FTEs 40.00 23 28 2. For the division of criminal investigation and bureau 23 29 of identification including the state's contribution to the 23 30 peace officers' retirement, accident, and disability system 23 31 provided in chapter 97A in the amount of 18 percent of the 23 32 salaries for which the funds are appropriated, to meet federal 23 33 fund matching requirements, and for not more than the 23 34 following full-time equivalent positions: 23 35 .................................................. $ 8,330,089 24 1 ............................................... FTEs 166.00 24 2 3. For the division of narcotics enforcement: 24 3 a. The state's contribution to the peace officers' 24 4 retirement, accident, and disability system provided in 24 5 chapter 97A in the amount of 18 percent of the salaries for 24 6 which the funds are appropriated, to meet federal fund 24 7 matching requirements, and for not more than the following 24 8 full-time equivalent positions: 24 9 .................................................. $ 2,401,001 24 10 ............................................... FTEs 38.00 24 11 b. Undercover purchases: 24 12 .................................................. $ 139,202 24 13 4. For the state fire marshal's office, including the 24 14 state's contribution to the peace officers' retirement, 24 15 accident, and disability system provided in chapter 97A in the 24 16 amount of 18 percent of the salaries for which the funds are 24 17 appropriated, and for not more than the following full-time 24 18 equivalent positions: 24 19 .................................................. $ 1,424,236 24 20 ............................................... FTEs 31.00 24 21 5. For the capitol security division, and for not more 24 22 than the following full-time equivalent positions: 24 23 .................................................. $ 1,164,441 24 24 ............................................... FTEs 27.00 24 25 Sec. 21. GOVERNOR'S SUBSTANCE ABUSE PREVENTION 24 26 COORDINATOR. There is appropriated from the general fund of 24 27 the state to the office of the governor's substance abuse pre- 24 28 vention coordinator for the fiscal year beginning July 1, 24 29 1995, and ending June 30, 1996, the following amount, or so 24 30 much thereof as is necessary, to be used for the purposes 24 31 designated: 24 32 For salaries, support, maintenance, miscellaneous purposes, 24 33 and for not more than the following full-time equivalent 24 34 positions: 24 35 .................................................. $ 328,786 25 1 ............................................... FTEs 10.00 25 2 Sec. 22. Section 99F.10, subsection 4, Code 1995, is 25 3 amended to read as follows: 25 4 4. In determining the license fees and state admission 25 5 fees to be charged as provided under section 99F.4 and this 25 6 section, the commission shall use the amount appropriated to 25 7 the commission plus the full cost ofauditingthe division of 25 8 criminal investigation's excursion gambling boat activities as 25 9 the basis for determining the amount of revenue to be raised 25 10 from the license fees and admission fees. The division's 25 11 costs shall include but are not limited to salary and 25 12 associated costs incurred by personnel assigned to excursion 25 13 boat gambling who enforce laws, and rules adopted by the 25 14 commission. 25 15 Sec. 23. Section 602.1302, subsection 1, Code 1995, is 25 16 amended to read as follows: 25 17 1. Except as otherwise provided bysectionsections 25 18 602.1303 and 602.1304 or other applicable law, the expenses of 25 19 operating and maintaining the department shall be paid out of 25 20 the general fund of the state from funds appropriated by the 25 21 general assembly for the department. State funding shall be 25 22 phased in as provided in section 602.11101. 25 23 Sec. 24. Section 602.1304, Code 1995, is amended to read 25 24 as follows: 25 25 602.1304 REVENUES &endash; ENHANCED COURT COLLECTIONS FUND. 25 26 1. Except as provided in article 8 and subsection 2 of 25 27 this section, all fees and other revenues collected by 25 28 judicial officers and court employees shall be paid into the 25 29 general fund of the state. 25 30 2. a. The enhanced court collections fund is created in 25 31 the state treasury under the authority of the supreme court. 25 32 The fund shall be separate from the general fund of the state 25 33 and the balance in the fund shall not be considered part of 25 34 the balance of the general fund of the state. Notwithstanding 25 35 section 8.33, moneys in the fund shall not revert to the 26 1 general fund, unless and to the extent the total amount of 26 2 moneys deposited into the fund in a fiscal year would exceed 26 3 the maximum annual deposit amount established for the 26 4 collections fund by the general assembly. The initial maximum 26 5 annual deposit amount for a fiscal year is four million 26 6 dollars. Notwithstanding section 12C.7, subsection 2, 26 7 interest or earnings on moneys in the collections fund shall 26 8 remain in the collections fund and any interest and earnings 26 9 shall be in addition to the maximum annual deposit amount. 26 10 b. For each fiscal year, the state revenue estimating 26 11 conference estimate of the total amount of fees and other 26 12 revenues collected by judicial officers and court employees 26 13 for that fiscal year shall be equally and proportionately 26 14 divided into a quarterly amount. The state revenue estimating 26 15 conference estimate used shall be the first estimate made 26 16 following the adjournment of the regular session of the 26 17 general assembly adjusted as provided in section 8.54, 26 18 subsection 1. In each quarter of a fiscal year, after 26 19 revenues collected by judicial officers and court employees 26 20 equal to that quarterly amount are deposited into the general 26 21 fund of the state and after the required amount is deposited 26 22 during the quarter into the Iowa prison infrastructure fund 26 23 pursuant to section 602.8108A, the director of revenue and 26 24 finance shall deposit the remaining revenues for that quarter 26 25 into the enhanced court collections fund in lieu of the 26 26 general fund. However, after total deposits into the 26 27 collections fund for the fiscal year are equal to the maximum 26 28 deposit amount established for the collections fund, remaining 26 29 revenues for that fiscal year shall be deposited into the 26 30 general fund. 26 31 c. Moneys in the collections fund shall be used by the 26 32 judicial department for the Iowa court information system. 26 33 Sec. 25. 1993 Iowa Acts, chapter 171, section 11, 26 34 subsection 4, as amended by 1994 Iowa Acts, chapter 1196, 26 35 section 23 is amended to read as follows: 27 1 4. The task force shall submit the plan to the governor 27 2 and the general assembly on or before January 15,19951996. 27 3 Sec. 26. EFFECTIVE DATES. 27 4 1. Section 1, subsections 3 and 4 of this Act, relating to 27 5 Iowa competition law or antitrust actions and to civil 27 6 consumer fraud actions, being deemed of immediate importance, 27 7 take effect upon enactment. 27 8 2. Section 14 of this Act, pertaining to the encumbrance 27 9 of certain moneys appropriated to the department of correc- 27 10 tions in the fiscal year commencing July 1, 1994, being deemed 27 11 of immediate importance, takes effect upon enactment. 27 12 3. Section 25 of this Act, dealing with the intermediate 27 13 criminal sanctions task force, takes effect upon enactment and 27 14 is retroactively applicable to January 1, 1995. 27 15 EXPLANATION 27 16 The bill makes appropriations for the 1995-1996 fiscal year 27 17 to the departments of justice, corrections, public defense, 27 18 and certain divisions of public safety, and judicial 27 19 department, the Iowa law enforcement academy, board of parole, 27 20 and other public safety activities. 27 21 Section 99F.10 is amended to provide that the racing and 27 22 gaming commission shall use the full cost of the division of 27 23 criminal investigation's activities concerning gambling boats 27 24 in setting the license fees and state admission fees for 27 25 gambling boats. 27 26 Sections 602.1303 and 602.1304 are amended to establish an 27 27 enhanced court collections fund which allows the judicial 27 28 department to use for the Iowa court information system up to 27 29 $4 million of fees and other revenues collected by the courts 27 30 in excess of estimated amounts of collections. 27 31 The amendment to 1993 Iowa Acts, chapter 171, provides that 27 32 the intermediate criminal sanctions task force established in 27 33 the 1993 Acts shall submit its plan to the governor and the 27 34 general assembly by January 15, 1996. Under current law, the 27 35 plan was to be submitted January 15, 1995. 28 1 LSB 1994SC 76 28 2 ec/jw/5.1
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