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Senate Study Bill 298

Conference Committee Text

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     312.80
  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    3.  The department of corrections shall construct a 750-bed
  7 31 medium security correctional facility for men on state-owned
  7 32 land as soon as possible following the effective date of this
  7 33 subsection.  Bonds shall be issued under the provisions of
  7 34 sections 16.177 and 602.8108A in an amount not to exceed
  7 35 $36,000,000.
  8  1    4.  The department of corrections shall issue a request for
  8  2 proposals for the construction of a 250-bed, super-maximum
  8  3 security facility at the Fort Madison correctional facility,
  8  4 which would only be constructed if the proposal is accepted.
  8  5 The department of corrections shall include specifications
  8  6 concerning the number of correctional beds in the request for
  8  7 proposals and issue the request for proposals in such a manner
  8  8 that responses are due and shall be included in a report
  8  9 submitted by the department to the general assembly on or
  8 10 before January 8, 1996.  The department of corrections shall
  8 11 not accept a proposal received in accordance with this sub-
  8 12 section without specific authorization through the enactment
  8 13 of legislation to fund the proposal by the Seventy-sixth
  8 14 General Assembly, 1996 Session, or a subsequent general
  8 15 assembly.
  8 16    Sec. 5.  DEPARTMENT OF CORRECTIONS &endash; ADMINISTRATION.
  8 17 There is appropriated from the general fund of the state to
  8 18 the department of corrections for the fiscal year beginning
  8 19 July 1, 1995, and ending June 30, 1996, the following amounts,
  8 20 or so much thereof as is necessary, to be used for the
  8 21 purposes designated:
  8 22    1.  For general administration, including salaries,
  8 23 support, maintenance, employment of an education director and
  8 24 clerk to administer a centralized education program for the
  8 25 correctional system, miscellaneous purposes, and for not more
  8 26 than the following full-time equivalent positions:  
  8 27 .................................................. $  2,298,531
  8 28 ............................................... FTEs      38.18
  8 29    The department shall monitor the use of the classification
  8 30 model by the judicial district departments of correctional
  8 31 services and has the authority to override a district
  8 32 department's decision regarding classification of community-
  8 33 based clients.  The department shall notify a district
  8 34 department of the reasons for the override.
  8 35    2.  For reimbursement of counties for temporary confinement
  9  1 of work release and parole violators, as provided in sections
  9  2 901.7, 904.908, and 906.17 and for offenders confined pursuant
  9  3 to section 904.513:  
  9  4 .................................................. $    237,038
  9  5    3.  For federal prison reimbursement, reimbursements for
  9  6 out-of-state placements, and miscellaneous contracts:  
  9  7 .................................................. $    341,334
  9  8    The department of corrections shall use funds appropriated
  9  9 by this subsection to continue to contract for the services of
  9 10 a Muslim imam.
  9 11    4.  For salaries, support, maintenance, miscellaneous
  9 12 purposes, and for not more than the following full-time
  9 13 equivalent positions at the correctional training center at
  9 14 Mt. Pleasant:  
  9 15 .................................................. $    384,597
  9 16 ............................................... FTEs       7.16
  9 17    5.  For annual payment relating to the financial
  9 18 arrangement for the construction of expansion in prison
  9 19 capacity as provided in 1989 Iowa Acts, chapter 316, section
  9 20 7, subsection 6:  
  9 21 .................................................. $    625,860
  9 22    6.  For annual payment relating to the financial
  9 23 arrangement for the construction of expansion in prison
  9 24 capacity as provided in 1990 Iowa Acts, chapter 1257, section
  9 25 24:  
  9 26 .................................................. $  3,180,990
  9 27    Sec. 6.  JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL
  9 28 SERVICES.
  9 29    1.  There is appropriated from the general fund of the
  9 30 state to the department of corrections for the fiscal year
  9 31 beginning July 1, 1995, and ending June 30, 1996, the
  9 32 following amounts, or so much thereof as is necessary, to be
  9 33 allocated as follows:
  9 34    a.  For the first judicial district department of
  9 35 correctional services, including the treatment and supervision
 10  1 of probation and parole violators who have been released from
 10  2 the department of corrections violator program, the following
 10  3 amount, or so much thereof as is necessary:  
 10  4 .................................................. $  6,648,762
 10  5    (1)  The district department shall continue the intensive
 10  6 supervision program established within the district in 1988
 10  7 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph
 10  8 "a", and the sex offender treatment program established within
 10  9 the district in 1989 Iowa Acts, chapter 316, section 8,
 10 10 subsection 1, paragraph "a".
 10 11    (2)  The district department, in cooperation with the chief
 10 12 judge of the judicial district, shall continue the
 10 13 implementation of a plan to divert low-risk offenders to the
 10 14 least restrictive sanction available.
 10 15    b.  For the second judicial district department of
 10 16 correctional services, including the treatment and supervision
 10 17 of probation and parole violators who have been released from
 10 18 the department of corrections violator program, the following
 10 19 amount, or so much thereof as is necessary:  
 10 20 .................................................. $  5,375,715
 10 21    (1)  The district department shall continue the sex
 10 22 offender treatment program established within the district in
 10 23 1988 Iowa Acts, chapter 1271, section 6, subsection 1,
 10 24 paragraph "b".
 10 25    (2)  The district department, in cooperation with the chief
 10 26 judge of the judicial district, shall continue the
 10 27 implementation of a plan to divert low-risk offenders to the
 10 28 least restrictive sanction available.
 10 29    c.  For the third judicial district department of
 10 30 correctional services, including the treatment and supervision
 10 31 of probation and parole violators who have been released from
 10 32 the department of corrections violator program, the following
 10 33 amount, or so much thereof as is necessary:  
 10 34 .................................................. $  3,284,176
 10 35    (1)  The district department shall continue the sex
 11  1 offender treatment program established within the district in
 11  2 1988 Iowa Acts, chapter 1271, section 6, subsection 1,
 11  3 paragraph "c", and the intensive supervision program
 11  4 established within the district in 1990 Iowa Acts, chapter
 11  5 1268, section 6, subsection 3, paragraph "d".
 11  6    (2)  The district department, in cooperation with the chief
 11  7 judge of the judicial district, shall continue the
 11  8 implementation of a plan to divert low-risk offenders to the
 11  9 least restrictive sanction available.
 11 10    d.  For the fourth judicial district department of
 11 11 correctional services, including the treatment and supervision
 11 12 of probation and parole violators who have been released from
 11 13 the department of corrections violator program, the following
 11 14 amount, or so much thereof as is necessary:  
 11 15 .................................................. $  2,398,328
 11 16    (1)  The district department shall continue the sex
 11 17 offender treatment program established within the district in
 11 18 1988 Iowa Acts, chapter 1271, section 6, subsection 1,
 11 19 paragraph "d".
 11 20    (2)  The district department, in cooperation with the chief
 11 21 judge of the judicial district, shall continue the
 11 22 implementation of a plan to divert low-risk offenders to the
 11 23 least restrictive sanction available.
 11 24    e.  For the fifth judicial district department of
 11 25 correctional services, including the treatment and supervision
 11 26 of probation and parole violators who have been released from
 11 27 the department of corrections violator program, the following
 11 28 amount, or so much thereof as is necessary:  
 11 29 .................................................. $  8,784,368
 11 30    (1)  The district department shall continue the intensive
 11 31 supervision program established within the district in 1988
 11 32 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph
 11 33 "e", and shall continue to provide for the rental of
 11 34 electronic monitoring equipment.
 11 35    (2)  The district department, in cooperation with the chief
 12  1 judge of the judicial district, shall continue the
 12  2 implementation of a plan to divert low-risk offenders to the
 12  3 least restrictive sanction available.
 12  4    f.  For the sixth 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 .................................................. $  6,918,725
 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 "f", and the sex offender treatment program established within
 12 14 the district in 1989 Iowa Acts, chapter 316, section 8,
 12 15 subsection 1, paragraph "f".
 12 16    (2)  The district department, in cooperation with the chief
 12 17 judge of the judicial district, shall continue the
 12 18 implementation of a plan to divert low-risk offenders to the
 12 19 least restrictive sanction available.
 12 20    (3)  The district department shall continue the
 12 21 implementation of a plan providing for the expanded use of
 12 22 intermediate criminal sanctions, as provided in 1993 Iowa
 12 23 Acts, chapter 171, section 6, subsection 1, paragraph "f",
 12 24 subparagraph (3).
 12 25    g.  For the seventh judicial district department of
 12 26 correctional services, including the treatment and supervision
 12 27 of probation and parole violators who have been released from
 12 28 the department of corrections violator program, the following
 12 29 amount, or so much thereof as is necessary:  
 12 30 .................................................. $  4,372,318
 12 31    (1)  The district department shall continue the intensive
 12 32 supervision program established within the district in 1988
 12 33 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph
 12 34 "g", and shall continue the sex offender treatment program
 12 35 established within the district in 1989 Iowa Acts, chapter
 13  1 316, section 8, subsection 1, paragraph "g".
 13  2    (2)  The district department shall continue the job
 13  3 development program established within the district in 1990
 13  4 Iowa Acts, chapter 1268, section 6, subsection 7, paragraph
 13  5 "e".
 13  6    (3)  The district department, in cooperation with the chief
 13  7 judge of the judicial district, shall continue the
 13  8 implementation of a plan to divert low-risk offenders to the
 13  9 least restrictive sanction available.
 13 10    h.  For the eighth judicial district department of
 13 11 correctional services, including the treatment and supervision
 13 12 of probation and parole violators who have been released from
 13 13 the department of corrections violator program, the following
 13 14 amount, or so much thereof as is necessary:  
 13 15 .................................................. $  3,905,921
 13 16    (1)  The district department shall continue the intensive
 13 17 supervision program established within the district in 1988
 13 18 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph
 13 19 "h", and shall continue the sex offender treatment program
 13 20 established within the district in 1989 Iowa Acts, chapter
 13 21 316, section 8, subsection 1, paragraph "h".
 13 22    (2)  The district department, in cooperation with the chief
 13 23 judge of the judicial district, shall continue the
 13 24 implementation of a plan to divert low-risk offenders to the
 13 25 least restrictive sanction available.
 13 26    i.  For the department of corrections for the assistance
 13 27 and support of each judicial district department of
 13 28 correctional services, the following amount, or so much
 13 29 thereof as is necessary:  
 13 30 .................................................. $     83,576
 13 31    2.  The department of corrections shall continue to
 13 32 contract with a judicial district department of correctional
 13 33 services to provide for the rental of electronic monitoring
 13 34 equipment which shall be available statewide.
 13 35    3.  Each judicial district department of correctional
 14  1 services and the department of corrections shall continue the
 14  2 treatment alternatives to street crime programs established in
 14  3 1989 Iowa Acts, chapter 225, section 9.
 14  4    4.  The governor's alliance on substance abuse shall
 14  5 consider federal grants made to the department of corrections
 14  6 for the benefit of each of the eight judicial district
 14  7 departments of correctional services as local government
 14  8 grants, as defined pursuant to federal regulations.
 14  9    5.  Each judicial district department of correctional
 14 10 services shall provide a report concerning the treatment and
 14 11 supervision of probation and parole violators who have been
 14 12 released from the department of corrections violator program,
 14 13 to the co-chairpersons and ranking members of the joint
 14 14 appropriations subcommittee on the justice system and the
 14 15 legislative fiscal bureau, on or before January 15, 1996.
 14 16    6.  It is the intent of the general assembly that each
 14 17 judicial district department of correctional services shall
 14 18 operate the community-based correctional facilities in a
 14 19 manner which provides for a residential population of at least
 14 20 110 percent of the design capacity of the facility.  
 14 21    Sec. 7.  JUDICIAL DEPARTMENT.  There is appropriated from
 14 22 the general fund of the state to the judicial department for
 14 23 the fiscal year beginning July 1, 1995, and ending June 30,
 14 24 1996, the following amounts, or so much thereof as is
 14 25 necessary, to be used for the purposes designated:
 14 26    1.  For salaries of supreme court justices, appellate court
 14 27 judges, district court judges, district associate judges,
 14 28 judicial magistrates and staff, state court administrator,
 14 29 clerk of the supreme court, district court administrators,
 14 30 clerks of the district court, trial court supervisors, trial
 14 31 court technicians II, financial supervisors I and II, juvenile
 14 32 court officers, board of law examiners and board of examiners
 14 33 of shorthand reporters and judicial qualifications commission,
 14 34 receipt and disbursement of child support payments,
 14 35 reimbursement of the auditor of state for expenses incurred in
 15  1 completing audits of the offices of the clerks of the district
 15  2 court during the fiscal year beginning July 1, 1995, and
 15  3 maintenance, equipment, and miscellaneous purposes:  
 15  4 .................................................. $ 87,244,771
 15  5    a.  The judicial department, except for purposes of
 15  6 internal processing, shall use the current state budget
 15  7 system, the state payroll system, and the Iowa finance and
 15  8 accounting system in administration of programs and payments
 15  9 for services, and shall not duplicate the state payroll,
 15 10 accounting, and budgeting systems.
 15 11    b.  The judicial department shall submit monthly financial
 15 12 statements to the legislative fiscal bureau and the department
 15 13 of management containing all appropriated accounts in the same
 15 14 manner as provided in the monthly financial status reports and
 15 15 personal services usage reports of the department of revenue
 15 16 and finance.  The monthly financial statements shall include a
 15 17 comparison of the dollars and percentage spent of budgeted
 15 18 versus actual revenues and expenditures on a cumulative basis
 15 19 for full-time equivalent positions and dollars.
 15 20    c.  It is the intent of the general assembly that counties
 15 21 installing new telephone systems shall provide those systems
 15 22 to all judicial department offices within the county at no
 15 23 cost.
 15 24    d.  Of the funds appropriated in this subsection, not more
 15 25 than $1,897,728 may be transferred into the revolving fund
 15 26 established pursuant to section 602.1302, subsection 3, to be
 15 27 used for the payment of jury and witness fees and mileage.
 15 28    e.  Of the funds appropriated in this subsection, the
 15 29 judicial department shall use not more than $968,716 for an
 15 30 additional 7 district court judges and an additional 7 court
 15 31 reporters.  Of the additional district court judges and court
 15 32 reporters, 1 additional district court judge and 1 court
 15 33 reporter shall be assigned to each of the first, fourth,
 15 34 sixth, seventh, and eighth judicial districts, and 2
 15 35 additional district court judges and 2 court reporters shall
 16  1 be assigned to the fifth judicial district.
 16  2    f.  Of the funds appropriated in this subsection, the
 16  3 judicial department shall use not more than $507,184 for an
 16  4 additional 4 district associate judges and 4 additional court
 16  5 reporters, with 3 of the additional district associate judges
 16  6 and 3 additional court reporters to be assigned to the fifth
 16  7 judicial district and 1 additional district associate judge
 16  8 and 1 additional court reporter to be assigned to the second
 16  9 judicial district.
 16 10    g.  Of the funds appropriated in this subsection, the
 16 11 judicial department shall use the following amounts for the
 16 12 purposes indicated:
 16 13    (1)  For an additional 1 FTE for the expansion of the
 16 14 court-appointed special advocate program, $43,336.
 16 15    (2)  For increasing the amount to juvenile restitution,
 16 16 $23,999.
 16 17    (3)  For an additional 4 juvenile court officers, $133,635.
 16 18    h.  It is the intent of the general assembly that the
 16 19 judicial department reduce the amounts expended for travel,
 16 20 office supplies, and printing by 5 percent from the amounts
 16 21 expended for these purposes during the 1994-1995 fiscal year.
 16 22    i.  Of the funds appropriated in this subsection, the
 16 23 judicial department shall use not more than $1,290,000 for
 16 24 increasing the existing capacity of the Iowa court information
 16 25 system by extending the system into 15 additional counties and
 16 26 for the development of a computer software program to allow
 16 27 state agencies to gain access to data in the Iowa court
 16 28 information system.  However, the funds shall not be used to
 16 29 expand the applications of the system for purposes other than
 16 30 those for which the system is currently used, and the judicial
 16 31 department shall focus efforts in utilizing the funds referred
 16 32 to in this paragraph upon the collection of delinquent fines,
 16 33 penalties, court costs, fees, surcharges, or similar amounts.
 16 34 The judicial department shall investigate the most efficient
 16 35 way to complete the expansion of the department's entire
 17  1 communication and information management system, and include
 17  2 this information in a report to be submitted to the co-
 17  3 chairpersons and ranking members of the joint appropriations
 17  4 subcommittee on the justice system and the legislative fiscal
 17  5 bureau, on or before January 15, 1996.
 17  6    j.  It is the intent of the general assembly that the
 17  7 offices of the clerks of the district court operate in all
 17  8 ninety-nine counties and be accessible to the public as much
 17  9 as is reasonably possible in order to address the relative
 17 10 needs of the citizens of each county.
 17 11    k.  The judicial department shall report to the co-
 17 12 chairpersons and ranking members of the joint appropriations
 17 13 subcommittee on the justice system by February 1, 1996,
 17 14 concerning an evaluation of the needs of the court system,
 17 15 particularly resources necessary to meet the increasing
 17 16 demands on the courts.  The report shall also identify
 17 17 legislative changes which would reduce or alleviate the
 17 18 workload of the courts.
 17 19    l.  The judicial department shall use a portion of the
 17 20 funds appropriated in this subsection for educating and
 17 21 training the appropriate court personnel in alternative
 17 22 dispute resolution techniques.
 17 23    2.  For the juvenile victim restitution program:  
 17 24 .................................................. $    131,397
 17 25    Sec. 8.  IOWA COURT INFORMATION SYSTEM.  There is
 17 26 appropriated from the general fund of the state to the
 17 27 judicial department for the fiscal year beginning July 1,
 17 28 1995, and ending June 30, 1996, the following amount, or so
 17 29 much thereof as is necessary, to be used for the purpose
 17 30 designated:
 17 31    For the Iowa court information system:  
 17 32 .................................................. $    857,500
 17 33    1.  In addition to the requirements for transfers under
 17 34 section 8.39, the judicial department shall not change the
 17 35 appropriations from the amounts appropriated in this section,
 18  1 unless notice of the revisions is given prior to their
 18  2 effective date to the legislative fiscal bureau.  The notice
 18  3 shall include information on the department's rationale for
 18  4 making the changes and details concerning the work load and
 18  5 performance measures upon which the changes are based.
 18  6    2.  a.  The judicial department shall provide a report
 18  7 semiannually to the co-chairpersons and ranking members of the
 18  8 joint appropriations subcommittee on the justice system and
 18  9 the legislative fiscal bureau specifying the amounts of fines,
 18 10 surcharges, and court costs collected using the Iowa court
 18 11 information system.  The report shall demonstrate and specify
 18 12 how the Iowa court information system is used to improve the
 18 13 collection process.  The report shall also compare fines,
 18 14 surcharges, and court costs collected in selected counties
 18 15 which are using an automated system versus the amounts
 18 16 collected in at least three counties which are not using an
 18 17 automated system.
 18 18    b.  A report required by this section shall be made by
 18 19 January 15, 1996, for the counties added to the Iowa court
 18 20 information system during the 1994-1995 fiscal year, and by
 18 21 January 15, 1997, for the 15 additional counties added to the
 18 22 system by this Act, indicating whether the counties have
 18 23 reduced uncollected court fines and fees by 50 percent as a
 18 24 result of being added to the system.
 18 25    Sec. 9.  ENHANCED COURT COLLECTIONS FUND &endash; DISTRIBUTION.
 18 26 Of the moneys collected and deposited in the enhanced court
 18 27 collections fund created in section 602.1304, as enacted by
 18 28 this Act, the first $359,000 deposited in the fund in the
 18 29 fiscal year beginning July 1, 1995, for use by the Iowa court
 18 30 information system shall be expended for the purchase of jury
 18 31 management software.  Any additional moneys deposited in the
 18 32 enhanced court collections fund in the fiscal year beginning
 18 33 July 1, 1995, shall not be used for appellate software.
 18 34    Sec. 10.  JUDICIAL RETIREMENT FUND.  There is appropriated
 18 35 from the general fund of the state to the judicial retirement
 19  1 fund for the fiscal year beginning July 1, 1995, and ending
 19  2 June 30, 1996, the following amount, or so much thereof as is
 19  3 necessary, to be used for the purpose designated:
 19  4    For the state's contribution to the judicial retirement
 19  5 fund established in section 602.9104, in the amount of 23.7
 19  6 percent of the basic salaries of the judges covered under
 19  7 chapter 602, article 9:  
 19  8 .................................................. $  3,150,915
 19  9    Sec. 11.  INDIGENT DEFENSE COSTS.  The supreme court shall
 19 10 submit a written report for the preceding fiscal year no later
 19 11 than January 1 of each year indicating the amounts collected
 19 12 pursuant to section 815.9A, relating to recovery of indigent
 19 13 defense costs.  The report shall include the total amount
 19 14 collected by all courts, as well as the amounts collected by
 19 15 each judicial district.  The supreme court shall also submit a
 19 16 written report quarterly indicating the number of criminal and
 19 17 juvenile filings which occur in each judicial district for
 19 18 purposes of estimating indigent defense costs.  A copy of each
 19 19 report shall be provided to the public defender, the
 19 20 department of management, and the legislative fiscal bureau.
 19 21 The judicial department shall continue to assist in the
 19 22 development of an automated data system for use in the sharing
 19 23 of information utilizing the generic program interface for
 19 24 legislative and executive branch uses.
 19 25    Sec. 12.  AUTOMATED DATA SYSTEM.  The department of
 19 26 corrections, judicial district departments of correctional
 19 27 services, board of parole, and the judicial department shall
 19 28 continue to develop an automated data system for use in the
 19 29 sharing of information between the department of corrections,
 19 30 judicial district departments of correctional services, board
 19 31 of parole, and the judicial department.  The information to be
 19 32 shared shall concern any individual who may, as the result of
 19 33 an arrest or infraction of any law, be subject to the
 19 34 jurisdiction of the department of corrections, judicial
 19 35 district departments of correctional services, or board of
 20  1 parole.  The department of corrections, in consultation and
 20  2 cooperation with the judicial district departments of
 20  3 correctional services, the board of parole, and the judicial
 20  4 department, shall provide a report concerning the development
 20  5 of the automated data system to the co-chairpersons and
 20  6 ranking members of the joint appropriations subcommittee on
 20  7 the justice system and the legislative fiscal bureau, on or
 20  8 before January 15, 1996.
 20  9    Sec. 13.  CORRECTIONAL INSTITUTIONS &endash; VOCATIONAL TRAINING.
 20 10 The state prison industries board and the department of
 20 11 corrections shall continue the implementation of a plan to
 20 12 enhance vocational training opportunities within the
 20 13 correctional institutions listed in section 904.102, as
 20 14 provided in 1993 Iowa Acts, chapter 171, section 12.  The plan
 20 15 shall provide for increased vocational training opportunities
 20 16 within the correctional institutions, including the
 20 17 possibility of approving community college credit for inmates
 20 18 working in prison industries.  The department of corrections
 20 19 shall provide a report concerning the implementation of the
 20 20 plan to the co-chairpersons and ranking members of the joint
 20 21 appropriations subcommittee on the justice system and the
 20 22 legislative fiscal bureau, on or before January 15, 1996.
 20 23    Sec. 14.  APPROPRIATIONS TO THE DEPARTMENT OF CORRECTIONS
 20 24 &endash; MONEYS ENCUMBERED &endash; PRIORITIES.
 20 25    1.  Notwithstanding any other provision of law to the
 20 26 contrary, moneys appropriated to the department of corrections
 20 27 pursuant to 1994 Iowa Acts, chapter 1196, sections 4, 5, and
 20 28 6, shall be considered encumbered pursuant to section 8.33,
 20 29 and shall not revert to the general fund of the state at the
 20 30 end of the fiscal year commencing July 1, 1994.  As used in
 20 31 this section, unless the context otherwise requires,
 20 32 "encumbered funds" means the moneys appropriated to the
 20 33 department of corrections pursuant to 1994 Iowa Acts, chapter
 20 34 1196, sections 4, 5, and 6, which would otherwise revert to
 20 35 the general fund of the state after the end of the fiscal year
 21  1 in which the moneys were appropriated, but for the prohibition
 21  2 contained in this section.
 21  3    2.  The department of corrections shall use encumbered
 21  4 funds in the fiscal year commencing July 1, 1995, to fund up
 21  5 to an additional 50 FTEs for the employment of correctional
 21  6 officers in the correctional institutions specified in section
 21  7 904.102, and to purchase surveillance cameras and other
 21  8 necessary surveillance equipment for use in correctional
 21  9 institutions.  The FTEs provided in this section for the
 21 10 employment of correctional officers and the funding provided
 21 11 for the purchase of equipment are in addition to any FTEs or
 21 12 equipment funded in section 4 of this Act.  The department of
 21 13 corrections shall use its discretion in distributing the
 21 14 additional correctional officers and equipment throughout the
 21 15 correctional facilities.  The department of corrections shall
 21 16 file a report with the department of management concerning
 21 17 correctional officer positions filled and critically needed
 21 18 safety equipment purchased from encumbered funds provided
 21 19 under this section.  If the department is able to fund an
 21 20 additional 50 FTEs for the employment of correctional officers
 21 21 pursuant to this section and to purchase all critically needed
 21 22 safety equipment, any remaining funds shall be unencumbered
 21 23 and shall revert to the general fund of the state at the end
 21 24 of the fiscal year commencing July 1, 1995.
 21 25    Sec. 15.  STATE AGENCY PURCHASES FROM PRISON INDUSTRIES.
 21 26    1.  As used in this section, unless the context otherwise
 21 27 requires, "state agency" means the government of the state of
 21 28 Iowa, including but not limited to all executive departments,
 21 29 agencies, boards, bureaus, and commissions, the judicial
 21 30 department, the general assembly and all legislative agencies,
 21 31 institutions within the purview of the state board of regents,
 21 32 and any corporation whose primary function is to act as an
 21 33 instrumentality of the state.
 21 34    2.  State agencies are hereby encouraged to purchase
 21 35 products from Iowa state industries, as defined in section
 22  1 904.802, when purchases are required and the products are
 22  2 available from Iowa state industries.
 22  3    Sec. 16.  STATE PUBLIC DEFENDER.  There is appropriated
 22  4 from the general fund of the state to the office of the state
 22  5 public defender of the department of inspections and appeals
 22  6 for the fiscal year beginning July 1, 1995, and ending June
 22  7 30, 1996, the following amounts, or so much thereof as is
 22  8 necessary, for the purposes designated, and for not more than
 22  9 the following full-time equivalent positions:
 22 10    1.  For salaries, support, maintenance, and miscellaneous
 22 11 purposes:  
 22 12 .................................................. $  9,020,095
 22 13 ............................................... FTEs     160.30
 22 14    2.  For indigent court-appointed attorney fees for adults
 22 15 and juveniles, notwithstanding section 232.141 and chapter
 22 16 815:  
 22 17 .................................................. $ 11,751,800
 22 18    The department of inspections and appeals shall design a
 22 19 uniform statewide fee claim form for juvenile court cases for
 22 20 all attorneys to utilize in submitting fee claims to the
 22 21 counties for payment so as to enable the department to compile
 22 22 statewide cost and statistical information.  The department
 22 23 may adopt emergency rules to implement this process.
 22 24    Sec. 17.  EMERGENCY RULES.  If specifically authorized by a
 22 25 provision of this Act, the department of inspections and
 22 26 appeals may adopt administrative rules under section 17A.4,
 22 27 subsection 2, and section 17A.5, subsection 2, paragraph "b",
 22 28 to implement the provisions and the rules shall become
 22 29 effective immediately upon filing, unless a later effective
 22 30 date is specified in the rules.  Any rules adopted in
 22 31 accordance with the provisions of this section shall also be
 22 32 published as notice of intended action as provided in section
 22 33 17A.4.
 22 34    Sec. 18.  IOWA LAW ENFORCEMENT ACADEMY.  There is
 22 35 appropriated from the general fund of the state to the Iowa
 23  1 law enforcement academy for the fiscal year beginning July 1,
 23  2 1995, and ending June 30, 1996, the following amounts, or so
 23  3 much thereof as is necessary, to be used for the purposes
 23  4 designated:
 23  5    1.  For salaries, support, maintenance, miscellaneous
 23  6 purposes, including jailer training and technical assistance,
 23  7 and for not more than the following full-time equivalent
 23  8 positions:  
 23  9 .................................................. $  1,000,154
 23 10 ............................................... FTEs      24.00
 23 11    2.  For salaries, support, maintenance, and miscellaneous
 23 12 purposes to provide statewide coordination of the drug abuse
 23 13 resistance education (D.A.R.E.) program:  
 23 14 .................................................. $     14,300
 23 15    Sec. 19.  DEPARTMENT OF PUBLIC DEFENSE.  There is
 23 16 appropriated from the general fund of the state to the
 23 17 department of public defense for the fiscal year beginning
 23 18 July 1, 1995, and ending June 30, 1996, the following amounts,
 23 19 or so much thereof as is necessary, to be used for the
 23 20 purposes designated:
 23 21    1.  MILITARY DIVISION
 23 22    For salaries, support, maintenance, miscellaneous purposes,
 23 23 and for not more than the following full-time equivalent
 23 24 positions:  
 23 25 .................................................. $  3,852,724
 23 26 ............................................... FTEs     212.26
 23 27    If there is a surplus in the general fund of the state for
 23 28 the fiscal year ending June 30, 1996, within 60 days after the
 23 29 closing of the fiscal year, the military division may incur up
 23 30 to an additional $500,000 in expenditures from the surplus
 23 31 prior to transfer of the surplus pursuant to section 8.57.
 23 32    2.  EMERGENCY MANAGEMENT DIVISION
 23 33    For salaries, support, maintenance, miscellaneous purposes,
 23 34 and for not more than the following full-time equivalent
 23 35 positions:  
 24  1 .................................................. $    486,498
 24  2 ............................................... FTEs      15.05
 24  3    Sec. 20.  DEPARTMENT OF PUBLIC SAFETY.  There is
 24  4 appropriated from the general fund of the state to the
 24  5 department of public safety for the fiscal year beginning July
 24  6 1, 1995, and ending June 30, 1996, the following amounts, or
 24  7 so much thereof as is necessary, to be used for the purposes
 24  8 designated:
 24  9    1.  For the department's administrative functions,
 24 10 including the medical examiner's office and the criminal
 24 11 justice information system, and for not more than the
 24 12 following full-time equivalent positions:  
 24 13 .................................................. $  2,179,251
 24 14 ............................................... FTEs      40.00
 24 15    2.  For the division of criminal investigation and bureau
 24 16 of identification including the state's contribution to the
 24 17 peace officers' retirement, accident, and disability system
 24 18 provided in chapter 97A in the amount of 18 percent of the
 24 19 salaries for which the funds are appropriated, to meet federal
 24 20 fund matching requirements, and for not more than the
 24 21 following full-time equivalent positions:  
 24 22 .................................................. $  8,330,089
 24 23 ............................................... FTEs     166.00
 24 24    3.  For the division of narcotics enforcement:
 24 25    a.  The state's contribution to the peace officers'
 24 26 retirement, accident, and disability system provided in
 24 27 chapter 97A in the amount of 18 percent of the salaries for
 24 28 which the funds are appropriated, to meet federal fund
 24 29 matching requirements, and for not more than the following
 24 30 full-time equivalent positions:  
 24 31 .................................................. $  2,401,001
 24 32 ............................................... FTEs      38.00
 24 33    b.  Undercover purchases:  
 24 34 .................................................. $    139,202
 24 35    4.  For the state fire marshal's office, including the
 25  1 state's contribution to the peace officers' retirement,
 25  2 accident, and disability system provided in chapter 97A in the
 25  3 amount of 18 percent of the salaries for which the funds are
 25  4 appropriated, and for not more than the following full-time
 25  5 equivalent positions:  
 25  6 .................................................. $  1,424,236
 25  7 ............................................... FTEs      31.00
 25  8    5.  For the capitol security division, and for not more
 25  9 than the following full-time equivalent positions:  
 25 10 .................................................. $  1,164,441
 25 11 ............................................... FTEs      27.00
 25 12    Sec. 21.  GOVERNOR'S SUBSTANCE ABUSE PREVENTION
 25 13 COORDINATOR.  There is appropriated from the general fund of
 25 14 the state to the office of the governor's substance abuse pre-
 25 15 vention coordinator for the fiscal year beginning July 1,
 25 16 1995, and ending June 30, 1996, the following amount, or so
 25 17 much thereof as is necessary, to be used for the purposes
 25 18 designated:
 25 19    For salaries, support, maintenance, miscellaneous purposes,
 25 20 and for not more than the following full-time equivalent
 25 21 positions:  
 25 22 .................................................. $    328,786
 25 23 ............................................... FTEs      10.00
 25 24    Sec. 22.  Section 99F.10, subsection 4, Code 1995, is
 25 25 amended to read as follows:
 25 26    4.  In determining the license fees and state admission
 25 27 fees to be charged as provided under section 99F.4 and this
 25 28 section, the commission shall use the amount appropriated to
 25 29 the commission plus the full cost of auditing the division of
 25 30 criminal investigation's excursion gambling boat activities as
 25 31 the basis for determining the amount of revenue to be raised
 25 32 from the license fees and admission fees.  The division's
 25 33 costs shall include but are not limited to salary and
 25 34 associated costs incurred by personnel assigned to excursion
 25 35 boat gambling who enforce laws, and rules adopted by the
 26  1 commission.
 26  2    Sec. 23.  Section 602.1302, subsection 1, Code 1995, is
 26  3 amended to read as follows:
 26  4    1.  Except as otherwise provided by section sections
 26  5 602.1303 and 602.1304 or other applicable law, the expenses of
 26  6 operating and maintaining the department shall be paid out of
 26  7 the general fund of the state from funds appropriated by the
 26  8 general assembly for the department.  State funding shall be
 26  9 phased in as provided in section 602.11101.
 26 10    Sec. 24.  Section 602.1304, Code 1995, is amended to read
 26 11 as follows:
 26 12    602.1304  REVENUES &endash; ENHANCED COURT COLLECTIONS FUND.
 26 13    1.  Except as provided in article 8 and subsection 2 of
 26 14 this section, all fees and other revenues collected by
 26 15 judicial officers and court employees shall be paid into the
 26 16 general fund of the state.
 26 17    2.  a.  The enhanced court collections fund is created in
 26 18 the state treasury under the authority of the supreme court.
 26 19 The fund shall be separate from the general fund of the state
 26 20 and the balance in the fund shall not be considered part of
 26 21 the balance of the general fund of the state.  Notwithstanding
 26 22 section 8.33, moneys in the fund shall not revert to the
 26 23 general fund, unless and to the extent the total amount of
 26 24 moneys deposited into the fund in a fiscal year would exceed
 26 25 the maximum annual deposit amount established for the
 26 26 collections fund by the general assembly.  The initial maximum
 26 27 annual deposit amount for a fiscal year is four million
 26 28 dollars.  Notwithstanding section 12C.7, subsection 2,
 26 29 interest or earnings on moneys in the collections fund shall
 26 30 remain in the collections fund and any interest and earnings
 26 31 shall be in addition to the maximum annual deposit amount.
 26 32    b.  For each fiscal year, the state revenue estimating
 26 33 conference estimate of the total amount of fees and other
 26 34 revenues collected by judicial officers and court employees
 26 35 for that fiscal year shall be equally and proportionately
 27  1 divided into a quarterly amount.  The state revenue estimating
 27  2 conference estimate used shall be the first estimate made
 27  3 following the adjournment of the regular session of the
 27  4 general assembly adjusted as provided in section 8.54,
 27  5 subsection 1.  In each quarter of a fiscal year, after
 27  6 revenues collected by judicial officers and court employees
 27  7 equal to that quarterly amount are deposited into the general
 27  8 fund of the state and after the required amount is deposited
 27  9 during the quarter into the Iowa prison infrastructure fund
 27 10 pursuant to section 602.8108A, the director of revenue and
 27 11 finance shall deposit the remaining revenues for that quarter
 27 12 into the enhanced court collections fund in lieu of the
 27 13 general fund.  However, after total deposits into the
 27 14 collections fund for the fiscal year are equal to the maximum
 27 15 deposit amount established for the collections fund, remaining
 27 16 revenues for that fiscal year shall be deposited into the
 27 17 general fund.
 27 18    c.  Moneys in the collections fund shall be used by the
 27 19 judicial department for the Iowa court information system.
 27 20    Sec. 25.  Section 602.8108A, subsection 1, Code 1995, is
 27 21 amended to read as follows:
 27 22    1.  The Iowa prison infrastructure fund is created and
 27 23 established as a separate and distinct fund in the state
 27 24 treasury.  Notwithstanding any other provision of this chapter
 27 25 to the contrary, the first four eight million dollars of
 27 26 moneys remitted to the treasurer of state from fines, fees,
 27 27 costs, and forfeited bail collected by the clerks of the
 27 28 district court in criminal cases, including those collected
 27 29 for both scheduled and nonscheduled violations, collected in
 27 30 each fiscal year commencing with the fiscal year beginning
 27 31 July 1, 1995, shall be deposited in the fund.  Interest and
 27 32 other income earned by the fund shall be deposited in the
 27 33 fund.  If the treasurer of state determines pursuant to 1994
 27 34 Iowa Acts, chapter 1196, that bonds can be issued pursuant to
 27 35 this section and section 16.177, then the moneys in the fund
 28  1 are appropriated to and for the purpose of paying the
 28  2 principal of, premium, if any, and interest on bonds issued by
 28  3 the Iowa finance authority under section 16.177.  Except as
 28  4 otherwise provided in subsection 2, amounts in the funds shall
 28  5 not be subject to appropriation for any purpose by the general
 28  6 assembly, but shall be used only for the purposes set forth in
 28  7 this section.  The treasurer of state shall act as custodian
 28  8 of the fund and disburse amounts contained in it as directed
 28  9 by the department of corrections including the automatic
 28 10 disbursement of funds pursuant to the terms of bond indentures
 28 11 and documents and security provisions to trustees and
 28 12 custodians.  The treasurer of state is authorized to invest
 28 13 the funds deposited in the fund subject to any limitations
 28 14 contained in any applicable bond proceedings.  Any amounts
 28 15 remaining in the fund at the end of each fiscal year shall be
 28 16 transferred to the general fund.
 28 17    Sec. 26.  1993 Iowa Acts, chapter 171, section 11,
 28 18 subsection 4, as amended by 1994 Iowa Acts, chapter 1196,
 28 19 section 23 is amended to read as follows:
 28 20    4.  The task force shall submit the plan to the governor
 28 21 and the general assembly on or before January 15, 1995 1996.
 28 22    Sec. 27.  EFFECTIVE DATES.
 28 23    1.  Section 1, subsections 3 and 4 of this Act, relating to
 28 24 Iowa competition law or antitrust actions and to civil
 28 25 consumer fraud actions, being deemed of immediate importance,
 28 26 take effect upon enactment.
 28 27    2.  Section 14 of this Act, pertaining to the encumbrance
 28 28 of certain moneys appropriated to the department of correc-
 28 29 tions in the fiscal year commencing July 1, 1994, being deemed
 28 30 of immediate importance, takes effect upon enactment.
 28 31    3.  Section 4, subsection 3, and section 25, relating to
 28 32 department of corrections facilities and the prison
 28 33 infrastructure fund, being deemed of immediate importance,
 28 34 takes effect upon enactment.  
 28 35                           EXPLANATION
 29  1    The bill makes appropriations for the 1995-1996 fiscal year
 29  2 to the departments of justice, corrections, public defense,
 29  3 and certain divisions of public safety, and judicial
 29  4 department, the Iowa law enforcement academy, board of parole,
 29  5 and other public safety activities.  
 29  6 LSB 1994SC 76
 29  7 ec/jw/5
     

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