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PAG LIN 1 1 DIVISION I 1 2 LOCAL CORRECTIONS INFRASTRUCTURE GRANT PROGRAM 1 3 Section 1. NEW SECTION. 905A.1 DEFINITIONS. 1 4 For the purposes of this chapter, unless the context 1 5 otherwise requires: 1 6 1. "Division" means the division of criminal and juvenile 1 7 justice planning of the department of human rights. 1 8 2. "Government" means a community-based correctional 1 9 program as defined in section 905.1, or a city or county which 1 10 expends funds for incarceration or supervision of individuals 1 11 charged with or convicted of a felony, an aggravated 1 12 misdemeanor, or a serious misdemeanor. 1 13 3. "Judicial election district" means a judicial election 1 14 district described in section 602.6109. 1 15 Sec. 2. NEW SECTION. 905A.2 LOCAL CORRECTIONS 1 16 INFRASTRUCTURE GRANT PROGRAM. 1 17 1. A local corrections infrastructure grant program is 1 18 created in the division. The division shall adopt 1 19 administrative rules pursuant to chapter 17A as necessary to 1 20 administer the program in accordance with this chapter. The 1 21 rules shall include but are not limited to provisions for 1 22 auditing of grant expenditures. 1 23 2. The division shall develop a request for proposals for 1 24 the grant program and assist judicial election districts in 1 25 developing proposals in response to the request. The division 1 26 shall not accept more than one proposal from a judicial 1 27 election district for each of the grant groupings. For the 1 28 fiscal year beginning July 1, 1997, grants shall be awarded in 1 29 accordance with this chapter in the following two groupings: 1 30 a. Twenty-five million dollars to one or more governments 1 31 or groups of governments in judicial election districts, 1 32 divided proportionately according to the judicial election 1 33 districts' relative proportion of the state's general 1 34 population. 1 35 b. Nine million dollars to one or more governments or 2 1 groups of governments representing judicial election 2 2 districts, awarded according to criteria developed by the task 2 3 force based upon the relative amount of criminal activity in 2 4 the judicial election district, the innovative nature of the 2 5 proposal submitted by the government or group of governments, 2 6 and the statewide need for the project proposed to be 2 7 developed. 2 8 3. A proposal for a grant under this chapter is subject to 2 9 all of the following conditions: 2 10 a. A judicial election district may combine with one or 2 11 more other judicial election districts in developing a 2 12 proposal or may propose a joint project in separate proposals. 2 13 b. A proposal shall be for one or more infrastructure 2 14 projects or combination of projects relating to one or more of 2 15 the following purposes: 2 16 (1) A county jail. 2 17 (2) A regional or multicounty jail. 2 18 (3) A county juvenile detention or shelter care home. 2 19 (4) A regional or multicounty juvenile detention or 2 20 shelter care home. 2 21 (5) A community-based correctional program facility. 2 22 c. Grant moneys under this chapter shall not be used for 2 23 purposes other than infrastructure. 2 24 d. The division may accept or reject a proposal in whole 2 25 or in part. 2 26 e. A proposal must address the need for the proposed 2 27 project, degree of urgency for the project, location of the 2 28 project, provisions for the governments within the judicial 2 29 election district to access the project, and the performance 2 30 measures to be used to evaluate the project. 2 31 f. The submission date for proposals under subsection 2, 2 32 paragraph "a" shall be on or before February 17, 1997, and the 2 33 submission date for proposals under subsection 2, paragraph 2 34 "b" shall be on or before April 18, 1997. However, for good 2 35 cause shown, the division may extend the submission date for 3 1 proposals under subsection 2, paragraph "a". It is the intent 3 2 of the general assembly that the grant award process be 3 3 complete by June 30, 1997, and awards made in the fiscal year 3 4 beginning July 1, 1997. However, the division may delay final 3 5 approval of a grant proposal which is approved in part while 3 6 full approval of the proposal is pending. 3 7 4. The office of the attorney general and the university 3 8 of northern Iowa's criminology program shall work with the 3 9 division in implementing a public planning process to assist 3 10 the governments in judicial election districts in developing a 3 11 proposal, developing technical assistance materials for the 3 12 grant program, developing the request for proposals, 3 13 developing proposal scoring tools, and producing model 3 14 performance measures and other evaluation processes for grant 3 15 program projects. The public planning process shall include 3 16 but is not limited to public meetings in each of the judicial 3 17 election districts. 3 18 Sec. 3. NEW SECTION. 905A.3 TASK FORCE. 3 19 1. The division shall establish and convene a local 3 20 corrections infrastructure grant program task force to assist 3 21 the division in scoring and evaluating grant proposals and 3 22 other assistance deemed necessary by the division. 3 23 2. The membership of the task force shall include but is 3 24 not limited to representatives of the following: 3 25 a. County sheriffs. 3 26 b. Police chiefs. 3 27 c. Office of the attorney general. 3 28 d. District judges. 3 29 e. Juvenile court judges. 3 30 f. Probation officers. 3 31 g. Juvenile court officers. 3 32 h. County supervisors. 3 33 i. League of Iowa cities. 3 34 j. Criminal and juvenile justice planning advisory 3 35 council. 4 1 k. Juvenile services providers. 4 2 l. Community-based correctional programs. 4 3 m. County attorneys. 4 4 n. Other members deemed necessary by the division or task 4 5 force. 4 6 3. Members of the task force are eligible for 4 7 reimbursement of actual and necessary expenses incurred in the 4 8 performance of their official duties. The task force shall 4 9 elect a chairperson and other officers deemed necessary by the 4 10 task force. 4 11 Sec. 4. NEW SECTION. 905A.4 PAYMENT OF GRANTS. 4 12 A grant awarded under section 905A.2 shall be paid from the 4 13 proceeds of bonds issued under section 16.177 or other moneys 4 14 available to the division. A project approved by the division 4 15 for a grant under this chapter is deemed to be approved by the 4 16 general assembly for purposes of issuing bonds under section 4 17 16.177. The department of corrections shall pledge amounts in 4 18 the Iowa prison infrastructure fund established under section 4 19 602.8108A as security for the payment of principal of, 4 20 premium, if any, and interest on the bonds, as directed by the 4 21 division. 4 22 Sec. 5. GRANT PROGRAM IMPLEMENTATION. There is 4 23 appropriated from the general fund of the state to the 4 24 department of human rights, division of criminal and juvenile 4 25 justice planning, for the fiscal year beginning July 1, 1996, 4 26 and ending June 30, 1997, the following amount, or so much 4 27 thereof as is necessary, to be used for the purposes 4 28 designated: 4 29 For technical assistance and staffing associated with the 4 30 development of the local corrections infrastructure grant 4 31 program enacted by this Act, including salaries, support, 4 32 maintenance, miscellaneous purposes, and for not more than the 4 33 following full-time equivalent positions: 4 34 .................................................. $ 200,000 4 35 ............................................... FTEs 2.00 5 1 Sec. 6. JUVENILE CRIME PREVENTION. There is appropriated 5 2 from the general fund of the state to the department of 5 3 economic development for the fiscal year beginning July 1, 5 4 1996, and ending June 30, 1997, the following amount, or so 5 5 much thereof as is necessary, to be used for the purposes 5 6 designated: 5 7 For continuing the juvenile crime prevention summer youth 5 8 employment program through the job training partnership Act 5 9 service delivery areas: 5 10 .................................................. $ 800,000 5 11 Sec. 7. EFFECTIVE DATE. This division of this Act, being 5 12 deemed of immediate importance, takes effect upon enactment. 5 13 DIVISION II 5 14 CIVIL PENALTIES, FINES, SURCHARGES, AND WITHHOLDING 5 15 Sec. 8. NEW SECTION. 321.218A CIVIL PENALTY &endash; 5 16 DISPOSITION &endash; REINSTATEMENT. 5 17 When the department revokes a person's motor vehicle 5 18 license or nonresident operating privilege under this chapter 5 19 upon receipt of a record of conviction of the person, the 5 20 department shall assess the person a civil penalty of two 5 21 hundred dollars. The money collected by the department under 5 22 this section shall be transmitted to the treasurer of state 5 23 who shall deposit one-half of the money in the victim 5 24 compensation fund established in section 912.14. Of the 5 25 remaining moneys collected during any fiscal year, the 5 26 treasurer shall transmit the first three hundred thousand 5 27 dollars to the office of the prosecuting attorneys training 5 28 coordinator as established in chapter 13A, and shall deposit 5 29 any additional moneys collected during that fiscal year in the 5 30 general fund of the state. A temporary restricted license 5 31 shall not be issued or a motor vehicle license or nonresident 5 32 operating privilege reinstated until the civil penalty has 5 33 been paid. 5 34 Sec. 9. NEW SECTION. 321A.32A CIVIL PENALTY &endash; 5 35 DISPOSITION &endash; REINSTATEMENT. 6 1 When the department revokes a person's motor vehicle 6 2 license or nonresident operating privilege under this chapter 6 3 upon receipt of a record of conviction of the person, the 6 4 department shall assess the person a civil penalty of two 6 5 hundred dollars. The money collected by the department under 6 6 this section shall be transmitted to the treasurer of state 6 7 who shall deposit one-half of the money in the victim 6 8 compensation fund established in section 912.14 and one-half 6 9 of the money shall be deposited in the general fund of the 6 10 state. A temporary restricted license shall not be issued or 6 11 a motor vehicle license or nonresident operating privilege 6 12 reinstated until the civil penalty has been paid. 6 13 Sec. 10. Section 331.302, subsection 2, Code 1995, is 6 14 amended to read as follows: 6 15 2. A county shall not provide a penalty in excess of a one 6 16 hundred dollar fine or in excess of thirty days imprisonment 6 17 for the violation of an ordinance. The criminal penalty 6 18 surcharge required by section 911.2 and the jail, courthouse 6 19 security, and detention facility surcharge required by section 6 20 911A.2 shall be added to a county fine andisare not a part 6 21 of the county's penalty. 6 22 Sec. 11. Section 364.3, subsection 2, Code 1995, is 6 23 amended to read as follows: 6 24 2. A city shall not provide a penalty in excess of a one 6 25 hundred dollar fine or in excess of thirty days imprisonment 6 26 for the violation of an ordinance. An amount equal to ten 6 27 percent of all fines collected by cities shall be deposited in 6 28 the account established in section 602.8108. However, one 6 29 hundred percent of all fines collected by a city pursuant to 6 30 section 321.236, subsection 1, shall be retained by the city. 6 31 The criminal penalty surcharge required by section 911.2 and 6 32 the jail, courthouse security, and detention facility 6 33 surcharge required by section 911A.2 shall be added to a city 6 34 fine andisare not a part of the city's penalty. 6 35 Sec. 12. Section 602.8107, subsection 2, paragraph b, Code 7 1 Supplement 1995, is amended to read as follows: 7 2 b. Fines or penalties andcriminal penaltysurcharges. 7 3 Sec. 13. Section 602.8107, subsection 4, unnumbered 7 4 paragraph 2, Code Supplement 1995, is amended to read as 7 5 follows: 7 6 This subsection does not apply to amounts collected for 7 7 victim restitution, the victim compensation fund, criminal 7 8 penalty surcharge, jail, courthouse security, and detention 7 9 facility surcharge, or amounts collected as a result of 7 10 procedures initiated under subsection 5 or under section 7 11 421.17, subsection 25. 7 12 Sec. 14. Section 805.8, subsection 1, Code Supplement 7 13 1995, is amended to read as follows: 7 14 1. APPLICATION. Except as otherwise indicated, violations 7 15 of sections of the Code specified in this section are 7 16 scheduled violations, and the scheduled fine for each of those 7 17 violations is as provided in this section, whether the 7 18 violation is of state law or of a county or city ordinance. 7 19 The criminal penalty surcharge required by section 911.2 and 7 20 the jail, courthouse security, and detention facility 7 21 surcharge required by section 911A.2 shall be added to the 7 22 scheduled fine. 7 23 Sec. 15. Section 805.8, subsection 11, unnumbered 7 24 paragraph 1, Code Supplement 1995, is amended to read as 7 25 follows: 7 26 For violations of section 142B.6 or 453A.2, subsection 2, 7 27 the scheduled fine is twenty-five dollars, and is a civil 7 28 penalty, and the criminal penalty surcharge under section 7 29 911.2 and the jail, courthouse security, and detention 7 30 facility surcharge under section 911A.2 shall not be added to 7 31 the penalty, and the court costs pursuant to section 805.9, 7 32 subsection 6, shall not be imposed. If the civil penalty 7 33 assessed for a violation of section 142B.6 is not paid in a 7 34 timely manner, a citation shall be issued for the violation in 7 35 the manner provided in section 804.1. However, a person under 8 1 age eighteen shall not be detained in a secure facility for 8 2 failure to pay the civil penalty. The complainant shall not 8 3 be charged a filing fee. 8 4 Sec. 16. Section 902.9, unnumbered paragraph 2, Code 1995, 8 5 is amended to read as follows: 8 6 The criminal penalty surcharge required by section 911.2 8 7 and the jail, courthouse security, and detention facility 8 8 surcharge required by section 911A.2 shall be added to a fine 8 9 imposed on a class "C" or class "D" felon, as provided bythat8 10sectionthose sections, andisare not a part of or subject to 8 11 the maximums set in this section. 8 12 Sec. 17. Section 903.1, subsection 4, Code 1995, is 8 13 amended to read as follows: 8 14 4. The criminal penalty surcharge required by section 8 15 911.2 and the jail, courthouse security, and detention 8 16 facility surcharge required by section 911A.2 shall be added 8 17 to a fine imposed on a misdemeanant, andisare not a part of 8 18 or subject to the maximums set in this section. 8 19 Sec. 18. NEW SECTION. 907.14 PAYMENT IN LIEU OF FINE. 8 20 When the court has deferred judgment the court may order 8 21 the defendant to pay an amount in lieu of a fine in a case 8 22 where a minimum fine would otherwise be ordered. Payments in 8 23 lieu of fines shall be ordered, enforced, and administered as 8 24 fines under chapter 909. 8 25 Sec. 19. Section 909.3, Code 1995, is amended by adding 8 26 the following new subsection: 8 27 NEW SUBSECTION. 3. If the court orders a fine to be paid 8 28 as provided by subsection 2, the court shall require the 8 29 defendant to execute a mandatory wage assignment that would 8 30 ensure payment of the fine within twelve months of the date 8 31 the wage assignment becomes effective. The wage assignment 8 32 shall be enforced if the defendant fails to make payment as 8 33 provided in subsection 2. 8 34 A mandatory wage assignment executed pursuant to this 8 35 section is not subject to the limitation on garnishment 9 1 provided in sections 537.5105 and 642.21, and is not subject 9 2 to the limitation on assignment of benefits under chapter 96 9 3 as provided in section 96.15. However, a wage assignment 9 4 executed under this subsection shall be enforced only after an 9 5 order for income withholding pursuant to chapter 252D or a 9 6 court-ordered wage assignment for purposes of support is 9 7 entered and enforced. A wage assignment executed under this 9 8 subsection shall be limited as specified in 15 U.S.C. } 9 9 1673(b). 9 10 Sec. 20. Section 909.8, Code 1995, is amended to read as 9 11 follows: 9 12 909.8 PAYMENT AND COLLECTION PROVISIONS APPLY TOCRIMINAL9 13PENALTY SURCHARGESURCHARGES. 9 14 The provisions of this chapter governing the payment and 9 15 collection of a fine, except section 909.3A, also apply to the 9 16 payment and collection of a criminal penalty surcharge imposed 9 17 pursuant to chapter 911 and the jail, courthouse security, and 9 18 detention facility surcharge imposed pursuant to section 9 19 911A.2. 9 20 Sec. 21. Section 909.10, subsection 1, Code 1995, is 9 21 amended to read as follows: 9 22 1. As used in this section, unless the context otherwise 9 23 requires, "delinquent amounts" means a fine, court-imposed 9 24 court costs in a criminal proceeding,orcriminal surcharge 9 25 imposed pursuant to section 911.2, or jail, courthouse 9 26 security, and detention facility surcharge imposed pursuant to 9 27 section 911A.2, which remains unpaid after two years from the 9 28 date that the fine, court costs, or surcharge was imposed, and 9 29 which is not collected by the county attorney pursuant to 9 30 section 602.8107. However, if the fine may be paid in 9 31 installments pursuant to section 909.3, the fine is not a 9 32 delinquent amount unless the installment remains unpaid after 9 33 two years from the date the installment was due. 9 34 Sec. 22. NEW SECTION. 911A.1 JAIL, COURTHOUSE SECURITY, 9 35 AND DETENTION FACILITY SURCHARGE ESTABLISHED. 10 1 A jail, courthouse security, and detention facility 10 2 surcharge shall be levied against certain law violators as 10 3 provided in section 911A.2. The surcharge shall be used as 10 4 provided in section 911A.3. 10 5 Sec. 23. NEW SECTION. 911A.2 SURCHARGE. 10 6 When a court imposes a fine or forfeiture for a violation 10 7 of a state law, or of a city or county ordinance except an 10 8 ordinance regulating the parking of motor vehicles, the court 10 9 shall assess an additional penalty in the form of a surcharge 10 10 equal to ten dollars. In the event of multiple offenses, the 10 11 surcharge shall be based upon the total number of offenses. 10 12 When a fine or forfeiture is suspended in whole or in part, 10 13 the surcharge shall not be reduced. 10 14 The surcharge is subject to the provisions of chapter 909 10 15 governing the payment and collection of fines, as provided in 10 16 section 909.8. 10 17 Sec. 24. NEW SECTION. 911A.3 DISPOSITION OF SURCHARGE. 10 18 1. When a court assesses a surcharge under section 911A.2, 10 19 notwithstanding any other provision of the Code to the 10 20 contrary, proceeds from the surcharge shall be appropriated 10 21 and transferred to the treasurer of the county in which the 10 22 citation was issued to be deposited in the county general fund 10 23 and used only for courthouse security and the improvement, 10 24 expansion, operation, or construction of a jail or juvenile 10 25 detention facility. 10 26 2. At any time and for the purposes specified in 10 27 subsection 1, a county may transfer proceeds received and 10 28 deposited pursuant to this section to a contiguous county or a 10 29 county that has a relationship with the transferring county 10 30 concerning the use of a jail or juvenile detention facility in 10 31 the recipient county. 10 32 EXPLANATION 10 33 Division I of this bill relates to corrections and crime 10 34 prevention by creating a local corrections infrastructure 10 35 grant program and making an appropriation to the department of 11 1 human rights, division of criminal and juvenile justice 11 2 planning for costs to develop the program and an appropriation 11 3 to the department of economic development for a juvenile crime 11 4 prevention summer youth employment program. 11 5 New section 905A.1 provides definitions. New section 11 6 905A.2 directs the division to adopt rules to create the 11 7 infrastructure grant program and to issue a request for 11 8 proposals from the 14 judicial election districts in the 11 9 state. The grants are to be available in two groupings: a 11 10 grouping dividing $25 million based upon the proportion a 11 11 judicial election district bears to the state general 11 12 population, and a grouping for $9 million in grants based upon 11 13 other criteria including crime, innovation, and statewide 11 14 need. A proposal may incorporate more than one project. Each 11 15 judicial election district is limited to one proposal for each 11 16 grouping. The proposals are limited to infrastructure 11 17 projects for county or regional jails, county or regional 11 18 juvenile detention or shelter care homes, and community-based 11 19 correctional program facilities. The bill provides proposal 11 20 submission deadlines but allows the division to extend the 11 21 deadlines for good cause. The office of the attorney general 11 22 and the university of northern Iowa's criminology program are 11 23 to work with the division in developing evaluation procedures 11 24 and other components of the grant program. 11 25 Under new section 905A.3, a task force is to be created by 11 26 the division and is required to assist the division in scoring 11 27 and evaluating proposals. The membership is to include 11 28 various representatives of law enforcement, the judicial 11 29 system, local governments, and corrections services, and 11 30 others deemed necessary by the division or the task force. 11 31 New section 905A.4 provides that the funding for the grants 11 32 is provided from prison infrastructure revenue bonds issued by 11 33 the Iowa finance authority under section 16.177. Upon 11 34 direction by the division, the department of corrections is 11 35 directed to pledge amounts in the Iowa prison infrastructure 12 1 fund to pay the bonds. 12 2 This division of the bill includes a $200,000 appropriation 12 3 to the division and a $800,000 appropriation to the department 12 4 of economic development for the fiscal year beginning July 1, 12 5 1996. Division I of the bill takes effect upon enactment. 12 6 Division II of the bill imposes a $200 civil penalty when 12 7 motor vehicle licenses are revoked for violations of chapter 12 8 321 or 321A (financial responsibility). Proceeds from the 12 9 civil penalty are to be split equally between the crime victim 12 10 compensation fund and the state general fund except that, for 12 11 each fiscal year, the first $300,000 of the amount designated 12 12 for the state general fund shall be remitted to the 12 13 prosecuting attorneys training coordinator. 12 14 Division II of the bill also provides that a payment in 12 15 lieu of a fine may be assessed against a person who receives a 12 16 deferred judgment in a case where a minimum fine would 12 17 otherwise be ordered. 12 18 Division II of the bill also establishes a mandatory wage 12 19 assignment for payment of fines in installments or on a fixed 12 20 date that remain unpaid. The garnishment limits of the state 12 21 do not apply but the wage assignment will be subject to first 12 22 priority enforcement of support orders. 12 23 Division II of the bill also provides for the assessment of 12 24 a $10 surcharge on criminal fines and forfeitures imposed for 12 25 the violation of state law or city or county ordinance. The 12 26 $10 surcharge would be transferred to the county in which the 12 27 citation was issued for use in providing courthouse security 12 28 and financing the improvement, expansion, operation, or 12 29 construction of county jail and juvenile detention facilities. 12 30 The bill provides that the surcharge proceeds shall be 12 31 deposited in the county general fund. The bill also provides 12 32 that the county may transfer, at any time, the funds to a 12 33 contiguous county or a county in which it has a relationship 12 34 concerning the use of its jail or juvenile detention facility 12 35 for the purposes authorized by this bill. The surcharge is 13 1 not considered part of a county penalty for purposes of the 13 2 maximum amount authorized counties for penalties. 13 3 LSB 4245XC 76 13 4 jp/cf/24
Text: SSB02127 Text: SSB02129 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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