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PAG LIN 1 1 Section 1. DEPARTMENT OF JUSTICE. There is appropriated 1 2 from the general fund of the state to the department of 1 3 justice for the fiscal year beginning July 1, 1996, and ending 1 4 June 30, 1997, 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, and miscellaneous purposes, 1 8 including odometer fraud enforcement: 1 9 .................................................. $ 5,643,460 1 10 The general office of attorney general shall maintain 1 11 within the office a farm services unit and a juvenile unit 1 12 within the funds appropriated in this subsection. 1 13 2. Prosecuting attorney training program for salaries, 1 14 support, maintenance, and miscellaneous purposes: 1 15 .................................................. $ 257,043 1 16 a. In addition to the funds appropriated in this 1 17 subsection for the fiscal year beginning July 1, 1996, and 1 18 ending June 30, 1997, the attorney general shall provide up to 1 19 $41,000 in state matching funds from moneys retained by the 1 20 attorney general from property forfeited pursuant to section 1 21 809.13, for the prosecuting attorney training program, the 1 22 prosecuting intern program, or both. Counties participating 1 23 in the prosecuting intern program shall match the state funds. 1 24 b. In addition to the funds appropriated in this 1 25 subsection for the fiscal year beginning July 1, 1996, and 1 26 ending June 30, 1997, and the moneys retained by the attorney 1 27 general pursuant to paragraph "a", the attorney general shall 1 28 provide up to $10,000 in state matching funds from moneys 1 29 retained by the attorney general from property forfeited 1 30 pursuant to section 809.13, for the office of the prosecuting 1 31 attorneys training coordinator to use for continuation of the 1 32 domestic violence response enhancement program established in 1 33 accordance with 1992 Iowa Acts, chapter 1240, section 1, 1 34 subsection 2, paragraph "b". 1 35 c. The prosecuting attorneys training program shall use a 2 1 portion of the funds appropriated in this subsection for 2 2 educating and training prosecuting attorneys, as defined in 2 3 section 13A.1, in alternative dispute resolution techniques. 2 4 3. In addition to the funds appropriated in subsection 1, 2 5 there is appropriated from the general fund of the state to 2 6 the department of justice for the fiscal year beginning July 2 7 1, 1996, and ending June 30, 1997, an amount not exceeding 2 8 $200,000 to be used for the enforcement of the Iowa 2 9 competition law. The expenditure of the funds appropriated in 2 10 this subsection is contingent upon receipt by the general fund 2 11 of the state of an amount at least equal to either the 2 12 expenditures from damages awarded to the state or a political 2 13 subdivision of the state by a civil judgment under chapter 2 14 553, if the judgment authorizes the use of the award for 2 15 enforcement purposes or costs or attorneys fees awarded the 2 16 state in state or federal antitrust actions. However, if the 2 17 funds received as a result of these judgments are in excess of 2 18 $200,000, the excess funds shall not be appropriated to the 2 19 department of justice pursuant to this subsection. 2 20 4. In addition to the funds appropriated in subsection 1, 2 21 there is appropriated from the general fund of the state to 2 22 the department of justice for the fiscal year beginning July 2 23 1, 1996, and ending June 30, 1997, an amount not exceeding 2 24 $125,000 to be used for public education relating to consumer 2 25 fraud and for enforcement of section 714.16, and an amount not 2 26 exceeding $75,000 for investigation, prosecution, and consumer 2 27 education relating to consumer and criminal fraud against 2 28 older Iowans. The expenditure of the funds appropriated in 2 29 this subsection is contingent upon receipt by the general fund 2 30 of the state of an amount at least equal to the expenditures 2 31 from damages awarded to the state or a political subdivision 2 32 of the state by a civil consumer fraud judgment or settlement, 2 33 if the judgment or settlement authorizes the use of the award 2 34 for public education on consumer fraud. However, if the funds 2 35 received as a result of these judgments and settlements are in 3 1 excess of $200,000, the excess funds shall not be appropriated 3 2 to the department of justice pursuant to this subsection. 3 3 5. For victim assistance grants: 3 4 .................................................. $ 1,359,806 3 5 a. The funds appropriated in this subsection shall be used 3 6 to provide grants to care providers providing services to 3 7 crime victims of domestic abuse or to crime victims of rape 3 8 and sexual assault. 3 9 b. Notwithstanding section 8.33 or 8.39, any balance 3 10 remaining from the appropriation in this subsection shall not 3 11 revert to the general fund of the state but shall be available 3 12 for expenditure during the subsequent fiscal year for the same 3 13 purpose, and shall not be transferred to any other program. 3 14 6. For the GASA prosecuting attorney program: 3 15 .................................................. $ 108,999 3 16 7. If there is enacted by the Seventy-sixth General 3 17 Assembly, 1996 Session, an Act establishing new civil 3 18 penalties of which one-half of the funds would be deposited in 3 19 the victim compensation fund established in section 912.14, 3 20 there shall be added to the attorney general's office from 3 21 these funds an additional full-time equivalent position for an 3 22 attorney to train and assist in prosecuting pornography cases. 3 23 8. 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 9. a. The department of justice, in submitting budget 3 28 estimates pursuant to section 8.23, shall include a report of 3 29 funding from sources other than amounts appropriated directly 3 30 from the general fund of the state to the department of 3 31 justice or to the office of consumer advocate. These funding 3 32 sources shall include, but are not limited to, reimbursements 3 33 from other state agencies, commissions, boards, or similar 3 34 entities, and reimbursements from special funds or internal 3 35 accounts within the department of justice. The department of 4 1 justice shall report actual reimbursements for the fiscal year 4 2 commencing July 1, 1995, and actual and expected 4 3 reimbursements for the fiscal year commencing July 1, 1996. 4 4 b. The department of justice shall include the report 4 5 required under paragraph "a", as well as information regarding 4 6 any revisions occurring as a result of reimbursements actually 4 7 received or expected at a later date, in a report to the co- 4 8 chairpersons and ranking members of the joint appropriations 4 9 subcommittee on the justice system and the legislative fiscal 4 10 bureau. The department of justice shall submit the report on 4 11 or before January 15, 1997. 4 12 Sec. 2. OFFICE OF CONSUMER ADVOCATE. There is 4 13 appropriated from the general fund of the state to the office 4 14 of consumer advocate of the department of justice for the 4 15 fiscal year beginning July 1, 1996, and ending June 30, 1997, 4 16 the following amount, or so much thereof as is necessary, to 4 17 be used for the purposes designated: 4 18 For salaries, support, maintenance, and miscellaneous 4 19 purposes: 4 20 .................................................. $ 2,337,189 4 21 Sec. 3. BOARD OF PAROLE. There is appropriated from the 4 22 general fund of the state to the board of parole for the 4 23 fiscal year beginning July 1, 1996, and ending June 30, 1997, 4 24 the following amount, or so much thereof as is necessary, to 4 25 be used for the purposes designated: 4 26 For salaries, support, maintenance, including maintenance 4 27 of an automated docket and the board's automated risk 4 28 assessment model: 4 29 .................................................. $ 827,749 4 30 Sec. 4. DEPARTMENT OF CORRECTIONS – FACILITIES. There is 4 31 appropriated from the general fund of the state to the 4 32 department of corrections for the fiscal year beginning July 4 33 1, 1996, and ending June 30, 1997, the following amounts, or 4 34 so much thereof as is necessary, to be used for the purposes 4 35 designated: 5 1 For the operation of adult correctional institutions, to be 5 2 allocated as follows: 5 3 1. For the operation of the Fort Madison correctional 5 4 facility, including salaries, support, maintenance, and 5 5 miscellaneous purposes: 5 6 .................................................. $ 26,819,188 5 7 2. For the operation of the Anamosa correctional facility, 5 8 including salaries, support, maintenance, and miscellaneous 5 9 purposes: 5 10 .................................................. $ 19,955,506 5 11 3. For the operation of the Oakdale correctional facility, 5 12 including salaries, support, maintenance, and miscellaneous 5 13 purposes: 5 14 .................................................. $ 16,360,631 5 15 4. For the operation of the Newton correctional facility, 5 16 including salaries, support, maintenance, and miscellaneous 5 17 purposes: 5 18 .................................................. $ 10,233,775 5 19 5. For the operation of the Mt. Pleasant correctional 5 20 facility, including salaries, support, maintenance, and 5 21 miscellaneous purposes: 5 22 .................................................. $ 14,684,042 5 23 6. For the operation of the Rockwell City correctional 5 24 facility, including salaries, support, maintenance, and 5 25 miscellaneous purposes: 5 26 .................................................. $ 5,656,219 5 27 7. For the operation of the Clarinda correctional 5 28 facility, including salaries, support, maintenance, and 5 29 miscellaneous purposes: 5 30 .................................................. $ 14,467,836 5 31 Moneys received by the department of corrections as 5 32 reimbursement for services provided to the Clarinda youth 5 33 corporation are appropriated to the department and shall be 5 34 used for the purpose of operating the Clarinda correctional 5 35 facility. 6 1 8. For the operation of the Mitchellville correctional 6 2 facility, including salaries, support, maintenance, and 6 3 miscellaneous purposes: 6 4 .................................................. $ 6,477,098 6 5 Sec. 5. DEPARTMENT OF CORRECTIONS – ADMINISTRATION. 6 6 There is appropriated from the general fund of the state to 6 7 the department of corrections for the fiscal year beginning 6 8 July 1, 1996, and ending June 30, 1997, the following amounts, 6 9 or so much thereof as is necessary, to be used for the 6 10 purposes designated: 6 11 1. For general administration, including salaries, 6 12 support, maintenance, and miscellaneous purposes: 6 13 .................................................. $ 2,372,985 6 14 The department shall monitor the use of the classification 6 15 model by the judicial district departments of correctional 6 16 services and has the authority to override a district 6 17 department's decision regarding classification of community- 6 18 based clients. The department shall notify a district 6 19 department of the reasons for the override. 6 20 2. For reimbursement of counties for temporary confinement 6 21 of work release and parole violators, as provided in sections 6 22 901.7, 904.908, and 906.17 and for offenders confined pursuant 6 23 to section 904.513: 6 24 .................................................. $ 237,038 6 25 3. For federal prison reimbursement, reimbursements for 6 26 out-of-state placements, and miscellaneous contracts: 6 27 .................................................. $ 341,334 6 28 The department of corrections shall use funds appropriated 6 29 by this subsection to continue to contract for the services of 6 30 a Muslim imam. 6 31 4. For salaries, support, maintenance, and miscellaneous 6 32 purposes at the correctional training center at Mt. Pleasant: 6 33 .................................................. $ 458,074 6 34 5. For annual payment relating to the financial 6 35 arrangement for the construction of expansion in prison 7 1 capacity as provided in 1989 Iowa Acts, chapter 316, section 7 2 7, subsection 6: 7 3 .................................................. $ 625,860 7 4 6. For annual payment relating to the financial 7 5 arrangement for the construction of expansion in prison 7 6 capacity as provided in 1990 Iowa Acts, chapter 1257, section 7 7 24: 7 8 .................................................. $ 3,179,500 7 9 7. For educational programs for inmates at state penal 7 10 institutions: 7 11 .................................................. $ 2,250,600 7 12 Sec. 6. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 7 13 SERVICES. 7 14 1. There is appropriated from the general fund of the 7 15 state to the department of corrections for the fiscal year 7 16 beginning July 1, 1996, and ending June 30, 1997, the 7 17 following amounts, or so much thereof as is necessary, to be 7 18 allocated as follows: 7 19 a. For the first judicial district department of 7 20 correctional services, including the treatment and supervision 7 21 of probation and parole violators who have been released from 7 22 the department of corrections violator program, the following 7 23 amount, or so much thereof as is necessary: 7 24 .................................................. $ 6,862,223 7 25 (1) The district department shall continue the intensive 7 26 supervision program established within the district in 1988 7 27 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 7 28 "a", and the sex offender treatment program established within 7 29 the district in 1989 Iowa Acts, chapter 316, section 8, 7 30 subsection 1, paragraph "a". 7 31 (2) The district department, in cooperation with the chief 7 32 judge of the judicial district, shall continue the 7 33 implementation of a plan to divert low-risk offenders to the 7 34 least restrictive sanction available. 7 35 b. For the second judicial district department of 8 1 correctional services, including the treatment and supervision 8 2 of probation and parole violators who have been released from 8 3 the department of corrections violator program, the following 8 4 amount, or so much thereof as is necessary: 8 5 .................................................. $ 5,584,879 8 6 (1) The district department shall continue the sex 8 7 offender treatment program established within the district in 8 8 1988 Iowa Acts, chapter 1271, section 6, subsection 1, 8 9 paragraph "b". 8 10 (2) The district department, in cooperation with the chief 8 11 judge of the judicial district, shall continue the 8 12 implementation of a plan to divert low-risk offenders to the 8 13 least restrictive sanction available. 8 14 c. For the third judicial district department of 8 15 correctional services, including the treatment and supervision 8 16 of probation and parole violators who have been released from 8 17 the department of corrections violator program, the following 8 18 amount, or so much thereof as is necessary: 8 19 .................................................. $ 3,384,385 8 20 (1) The district department shall continue the sex 8 21 offender treatment program established within the district in 8 22 1988 Iowa Acts, chapter 1271, section 6, subsection 1, 8 23 paragraph "c", and the intensive supervision program 8 24 established within the district in 1990 Iowa Acts, chapter 8 25 1268, section 6, subsection 3, paragraph "d". 8 26 (2) The district department, in cooperation with the chief 8 27 judge of the judicial district, shall continue the 8 28 implementation of a plan to divert low-risk offenders to the 8 29 least restrictive sanction available. 8 30 d. For the fourth judicial district department of 8 31 correctional services, including the treatment and supervision 8 32 of probation and parole violators who have been released from 8 33 the department of corrections violator program, the following 8 34 amount, or so much thereof as is necessary: 8 35 .................................................. $ 2,482,217 9 1 (1) The district department shall continue the sex 9 2 offender treatment program established within the district in 9 3 1988 Iowa Acts, chapter 1271, section 6, subsection 1, 9 4 paragraph "d". 9 5 (2) The district department, in cooperation with the chief 9 6 judge of the judicial district, shall continue the 9 7 implementation of a plan to divert low-risk offenders to the 9 8 least restrictive sanction available. 9 9 e. For the fifth judicial district department of 9 10 correctional services, including the treatment and supervision 9 11 of probation and parole violators who have been released from 9 12 the department of corrections violator program, the following 9 13 amount, or so much thereof as is necessary: 9 14 .................................................. $ 8,979,296 9 15 (1) The district department shall continue the intensive 9 16 supervision program established within the district in 1988 9 17 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 9 18 "e", and shall continue to provide for the rental of 9 19 electronic monitoring equipment. 9 20 (2) The district department, in cooperation with the chief 9 21 judge of the judicial district, shall continue the 9 22 implementation of a plan to divert low-risk offenders to the 9 23 least restrictive sanction available. 9 24 f. For the sixth judicial district department of 9 25 correctional services, including the treatment and supervision 9 26 of probation and parole violators who have been released from 9 27 the department of corrections violator program, the following 9 28 amount, or so much thereof as is necessary: 9 29 .................................................. $ 7,118,005 9 30 (1) The district department shall continue the intensive 9 31 supervision program established within the district in 1988 9 32 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 9 33 "f", and the sex offender treatment program established within 9 34 the district in 1989 Iowa Acts, chapter 316, section 8, 9 35 subsection 1, paragraph "f". 10 1 (2) The district department, in cooperation with the chief 10 2 judge of the judicial district, shall continue the 10 3 implementation of a plan to divert low-risk offenders to the 10 4 least restrictive sanction available. 10 5 (3) The district department shall continue the 10 6 implementation of a plan providing for the expanded use of 10 7 intermediate criminal sanctions, as provided in 1993 Iowa 10 8 Acts, chapter 171, section 6, subsection 1, paragraph "f", 10 9 subparagraph (3). 10 10 g. For the seventh judicial district department of 10 11 correctional services, including the treatment and supervision 10 12 of probation and parole violators who have been released from 10 13 the department of corrections violator program, the following 10 14 amount, or so much thereof as is necessary: 10 15 .................................................. $ 4,480,110 10 16 (1) The district department shall continue the intensive 10 17 supervision program established within the district in 1988 10 18 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 10 19 "g", and shall continue the sex offender treatment program 10 20 established within the district in 1989 Iowa Acts, chapter 10 21 316, section 8, subsection 1, paragraph "g". 10 22 (2) The district department shall continue the job 10 23 development program established within the district in 1990 10 24 Iowa Acts, chapter 1268, section 6, subsection 7, paragraph 10 25 "e". 10 26 (3) The district department, in cooperation with the chief 10 27 judge of the judicial district, shall continue the 10 28 implementation of a plan to divert low-risk offenders to the 10 29 least restrictive sanction available. 10 30 h. For the eighth judicial district department of 10 31 correctional services, including the treatment and supervision 10 32 of probation and parole violators who have been released from 10 33 the department of corrections violator program, the following 10 34 amount, or so much thereof as is necessary: 10 35 .................................................. $ 4,011,536 11 1 (1) The district department shall continue the intensive 11 2 supervision program established within the district in 1988 11 3 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 11 4 "h", and shall continue the sex offender treatment program 11 5 established within the district in 1989 Iowa Acts, chapter 11 6 316, section 8, subsection 1, paragraph "h". 11 7 (2) The district department, in cooperation with the chief 11 8 judge of the judicial district, shall continue the 11 9 implementation of a plan to divert low-risk offenders to the 11 10 least restrictive sanction available. 11 11 i. For the department of corrections for the assistance 11 12 and support of each judicial district department of 11 13 correctional services, the following amount, or so much 11 14 thereof as is necessary: 11 15 .................................................. $ 83,576 11 16 2. The department of corrections shall continue to 11 17 contract with a judicial district department of correctional 11 18 services to provide for the rental of electronic monitoring 11 19 equipment which shall be available statewide. 11 20 3. Each judicial district department of correctional 11 21 services and the department of corrections shall continue the 11 22 treatment alternatives to street crime programs established in 11 23 1989 Iowa Acts, chapter 225, section 9. 11 24 4. Each judicial district department of correctional 11 25 services shall provide a report concerning the treatment and 11 26 supervision of probation and parole violators who have been 11 27 released from the department of corrections violator program, 11 28 to the co-chairpersons and ranking members of the joint 11 29 appropriations subcommittee on the justice system and the 11 30 legislative fiscal bureau, on or before January 15, 1997. 11 31 5. To the extent possible each judicial district 11 32 department of correctional services shall operate the 11 33 community-based correctional facilities in a manner which 11 34 provides for a residential population of at least 110 percent 11 35 of the design capacity of the facility. 12 1 Sec. 7. CONTINGENT APPROPRIATIONS. If there is enacted by 12 2 the Seventy-sixth General Assembly, 1996 Session, an Act 12 3 providing for changes in the governance of the judicial 12 4 district departments of correctional services, there is 12 5 appropriated from the general fund of the state to the 12 6 department of corrections for the fiscal year beginning July 12 7 1, 1996, and ending June 30, 1997, the following amounts, or 12 8 so much thereof as is necessary, to be allocated as follows: 12 9 1. For the first judicial district department of 12 10 correctional services, for a day reporting program: 12 11 .................................................. $ 100,000 12 12 2. For the second judicial district department of 12 13 correctional services, to replace funds for the batters 12 14 education program: 12 15 .................................................. $ 47,164 12 16 3. For the fourth judicial district department of 12 17 correctional services for: 12 18 a. Day reporting program: 12 19 .................................................. $ 49,718 12 20 b. Replacing funds for the youthful offender program: 12 21 .................................................. $ 19,819 12 22 4. For the fifth judicial district department of 12 23 correctional services, to replace funds for the youthful 12 24 offender program: 12 25 .................................................. $ 189,957 12 26 5. For the seventh judicial district department of 12 27 correctional services, for grant matching funds: 12 28 .................................................. $ 6,165 12 29 6. For the eighth judicial district department of 12 30 correctional services, for a community work program: 12 31 .................................................. $ 50,000 12 32 Sec. 8. JUDICIAL DEPARTMENT. There is appropriated from 12 33 the general fund of the state to the judicial department for 12 34 the fiscal year beginning July 1, 1996, and ending June 30, 12 35 1997, the following amounts, or so much thereof as is 13 1 necessary, to be used for the purposes designated: 13 2 1. For salaries of supreme court justices, appellate court 13 3 judges, district court judges, district associate judges, 13 4 judicial magistrates and staff, state court administrator, 13 5 clerk of the supreme court, district court administrators, 13 6 clerks of the district court, trial court supervisors, trial 13 7 court technicians II, financial supervisors I and II, juvenile 13 8 court officers, board of law examiners and board of examiners 13 9 of shorthand reporters and judicial qualifications commission, 13 10 receipt and disbursement of child support payments, 13 11 reimbursement of the auditor of state for expenses incurred in 13 12 completing audits of the offices of the clerks of the district 13 13 court during the fiscal year beginning July 1, 1996, and 13 14 maintenance, equipment, and miscellaneous purposes: 13 15 .................................................. $ 94,134,983 13 16 a. The judicial department, except for purposes of 13 17 internal processing, shall use the current state budget 13 18 system, the state payroll system, and the Iowa finance and 13 19 accounting system in administration of programs and payments 13 20 for services, and shall not duplicate the state payroll, 13 21 accounting, and budgeting systems. 13 22 b. The judicial department shall submit monthly financial 13 23 statements to the legislative fiscal bureau and the department 13 24 of management containing all appropriated accounts in the same 13 25 manner as provided in the monthly financial status reports and 13 26 personal services usage reports of the department of revenue 13 27 and finance. The monthly financial statements shall include a 13 28 comparison of the dollars and percentage spent of budgeted 13 29 versus actual revenues and expenditures on a cumulative basis 13 30 for full-time equivalent positions and dollars. 13 31 c. Counties installing new telephone systems shall provide 13 32 those systems to all judicial department offices within the 13 33 county at no cost. 13 34 d. Of the funds appropriated in this subsection, not more 13 35 than $1,900,000 may be transferred into the revolving fund 14 1 established pursuant to section 602.1302, subsection 3, to be 14 2 used for the payment of jury and witness fees and mileage. 14 3 e. The judicial department shall use a portion of the 14 4 funds appropriated in this subsection for educating and 14 5 training the appropriate court personnel in alternative 14 6 dispute resolution techniques. 14 7 2. For the juvenile victim restitution program: 14 8 .................................................. $ 169,662 14 9 Sec. 9. IOWA COURT INFORMATION SYSTEM. There is 14 10 appropriated from the general fund of the state to the 14 11 judicial department for the fiscal year beginning July 1, 14 12 1996, and ending June 30, 1997, the following amount, or so 14 13 much thereof as is necessary, to be used for the purpose 14 14 designated: 14 15 For the Iowa court information system: 14 16 .................................................. $ 857,500 14 17 1. In addition to the requirements for transfers under 14 18 section 8.39, the judicial department shall not change the 14 19 appropriations from the amounts appropriated in this section, 14 20 unless notice of the revisions is given prior to their 14 21 effective date to the legislative fiscal bureau. The notice 14 22 shall include information on the department's rationale for 14 23 making the changes and details concerning the work load and 14 24 performance measures upon which the changes are based. 14 25 2. a. The judicial department shall provide a report 14 26 semiannually to the co-chairpersons and ranking members of the 14 27 joint appropriations subcommittee on the justice system and 14 28 the legislative fiscal bureau specifying the amounts of fines, 14 29 surcharges, and court costs collected using the Iowa court 14 30 information system. The report shall demonstrate and specify 14 31 how the Iowa court information system is used to improve the 14 32 collection process. The report shall also compare fines, 14 33 surcharges, and court costs collected in selected counties 14 34 which are using an automated system versus the amounts 14 35 collected in at least three counties which are not using an 15 1 automated system. 15 2 b. A report required by this section shall be made by 15 3 January 15, 1997, for the counties added to the Iowa court 15 4 information system during the 1995-1996 fiscal year, and by 15 5 January 15, 1998, for the 44 additional counties added to the 15 6 system by this Act, indicating whether the counties have 15 7 reduced uncollected court fines and fees by 50 percent as a 15 8 result of being added to the system. 15 9 Sec. 10. JUDICIAL RETIREMENT FUND. There is appropriated 15 10 from the general fund of the state to the judicial retirement 15 11 fund for the fiscal year beginning July 1, 1996, and ending 15 12 June 30, 1997, the following amount, or so much thereof as is 15 13 necessary, to be used for the purpose designated: 15 14 For the state's contribution to the judicial retirement 15 15 fund established in section 602.9104, in the amount of 23.7 15 16 percent of the basic salaries of the judges covered under 15 17 chapter 602, article 9: 15 18 .................................................. $ 3,726,422 15 19 Sec. 11. INDIGENT DEFENSE COSTS. The supreme court shall 15 20 submit a written report for the preceding fiscal year no later 15 21 than January 1 of each year indicating the amounts collected 15 22 pursuant to section 815.9A, relating to recovery of indigent 15 23 defense costs. The report shall include the total amount 15 24 collected by all courts, as well as the amounts collected by 15 25 each judicial district. The supreme court shall also submit a 15 26 written report quarterly indicating the number of criminal and 15 27 juvenile filings which occur in each judicial district for 15 28 purposes of estimating indigent defense costs. A copy of each 15 29 report shall be provided to the public defender, the 15 30 department of management, and the legislative fiscal bureau. 15 31 The judicial department shall continue to assist in the 15 32 development of an automated data system for use in the sharing 15 33 of information utilizing the generic program interface for 15 34 legislative and executive branch uses. 15 35 Sec. 12. AUTOMATED DATA SYSTEM. The department of 16 1 corrections, judicial district departments of correctional 16 2 services, board of parole, and the judicial department shall 16 3 continue to develop an automated data system for use in the 16 4 sharing of information between the department of corrections, 16 5 judicial district departments of correctional services, board 16 6 of parole, and the judicial department. The information to be 16 7 shared shall concern any individual who may, as the result of 16 8 an arrest or infraction of any law, be subject to the 16 9 jurisdiction of the department of corrections, judicial 16 10 district departments of correctional services, or board of 16 11 parole. The department of corrections, in consultation and 16 12 cooperation with the judicial district departments of 16 13 correctional services, the board of parole, and the judicial 16 14 department, shall provide a report concerning the development 16 15 of the automated data system to the co-chairpersons and 16 16 ranking members of the joint appropriations subcommittee on 16 17 the justice system and the legislative fiscal bureau, on or 16 18 before January 15, 1997. 16 19 Sec. 13. CORRECTIONAL INSTITUTIONS – VOCATIONAL TRAINING. 16 20 The state prison industries board and the department of 16 21 corrections shall continue the implementation of a plan to 16 22 enhance vocational training opportunities within the 16 23 correctional institutions listed in section 904.102, as 16 24 provided in 1993 Iowa Acts, chapter 171, section 12. The plan 16 25 shall provide for increased vocational training opportunities 16 26 within the correctional institutions, including the 16 27 possibility of approving community college credit for inmates 16 28 working in prison industries. The department of corrections 16 29 shall provide a report concerning the implementation of the 16 30 plan to the co-chairpersons and ranking members of the joint 16 31 appropriations subcommittee on the justice system and the 16 32 legislative fiscal bureau, on or before January 15, 1997. 16 33 Sec. 14. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 16 34 1. As used in this section, unless the context otherwise 16 35 requires, "state agency" means the government of the state of 17 1 Iowa, including but not limited to all executive departments, 17 2 agencies, boards, bureaus, and commissions, the judicial 17 3 department, the general assembly and all legislative agencies, 17 4 institutions within the purview of the state board of regents, 17 5 and any corporation whose primary function is to act as an 17 6 instrumentality of the state. 17 7 2. State agencies are hereby encouraged to purchase 17 8 products from Iowa state industries, as defined in section 17 9 904.802, when purchases are required and the products are 17 10 available from Iowa state industries. 17 11 Sec. 15. STATE PUBLIC DEFENDER. There is appropriated 17 12 from the general fund of the state to the office of the state 17 13 public defender of the department of inspections and appeals 17 14 for the fiscal year beginning July 1, 1996, and ending June 17 15 30, 1997, the following amounts, or so much thereof as is 17 16 necessary, for the purposes designated: 17 17 1. For salaries, support, maintenance, and miscellaneous 17 18 purposes: 17 19 .................................................. $ 10,681,867 17 20 2. For indigent court-appointed attorney fees for adults 17 21 and juveniles, notwithstanding section 232.141 and chapter 17 22 815: 17 23 .................................................. $ 17,475,074 17 24 Sec. 16. IOWA LAW ENFORCEMENT ACADEMY. There is 17 25 appropriated from the general fund of the state to the Iowa 17 26 law enforcement academy for the fiscal year beginning July 1, 17 27 1996, and ending June 30, 1997, the following amounts, or so 17 28 much thereof as is necessary, to be used for the purposes 17 29 designated: 17 30 1. For salaries, support, maintenance, and miscellaneous 17 31 purposes, including jailer training and technical assistance: 17 32 .................................................. $ 1,063,418 17 33 2. For salaries, support, maintenance, and miscellaneous 17 34 purposes to provide statewide coordination of the drug abuse 17 35 resistance education (D.A.R.E.) program: 18 1 .................................................. $ 30,000 18 2 3. The Iowa law enforcement academy may annually select at 18 3 least five automobiles of the department of public safety, 18 4 division of highway safety, uniformed force, and radio 18 5 communications, prior to turning over the automobiles to the 18 6 state vehicle dispatcher to be disposed of by public auction 18 7 and the Iowa law enforcement academy may exchange any 18 8 automobile owned by the academy for each automobile selected 18 9 if the selected automobile is used in training law enforcement 18 10 officers at the academy. However, any automobile exchanged by 18 11 the academy shall be substituted for the selected vehicle of 18 12 the department of public safety and sold by public auction 18 13 with the receipts being deposited in the depreciation fund to 18 14 the credit of the department of public safety, division of 18 15 highway safety, uniformed force, and radio communications. 18 16 Sec. 17. DEPARTMENT OF PUBLIC DEFENSE. There is 18 17 appropriated from the general fund of the state to the 18 18 department of public defense for the fiscal year beginning 18 19 July 1, 1996, and ending June 30, 1997, the following amounts, 18 20 or so much thereof as is necessary, to be used for the 18 21 purposes designated: 18 22 1. MILITARY DIVISION 18 23 For salaries, support, maintenance, and miscellaneous 18 24 purposes: 18 25 .................................................. $ 3,910,339 18 26 If there is a surplus in the general fund of the state for 18 27 the fiscal year ending June 30, 1997, the military division 18 28 may incur up to an additional $750,000 in expenditures from 18 29 that surplus only if the expenditures are reimbursed by the 18 30 federal government within 60 days after the closing of the 18 31 fiscal year and prior to transfer of the surplus pursuant to 18 32 section 8.57. 18 33 2. EMERGENCY MANAGEMENT DIVISION 18 34 For salaries, support, maintenance, and miscellaneous 18 35 purposes: 19 1 .................................................. $ 574,137 19 2 Sec. 18. DEPARTMENT OF PUBLIC SAFETY. There is 19 3 appropriated from the general fund of the state to the 19 4 department of public safety for the fiscal year beginning July 19 5 1, 1996, and ending June 30, 1997, the following amounts, or 19 6 so much thereof as is necessary, to be used for the purposes 19 7 designated: 19 8 1. For the department's administrative functions, 19 9 including the medical examiner's office and the criminal 19 10 justice information system: 19 11 .................................................. $ 2,201,438 19 12 2. For the division of criminal investigation and bureau 19 13 of identification and for pari-mutuel law enforcement agents, 19 14 including the state's contribution to the peace officers' 19 15 retirement, accident, and disability system provided in 19 16 chapter 97A in the amount of 18 percent of the salaries for 19 17 which the funds are appropriated, to meet federal fund 19 18 matching requirements: 19 19 .................................................. $ 9,462,619 19 20 The department of public safety, with the approval of the 19 21 department of management, may employ no more than two special 19 22 agents and four gaming enforcement officers for each 19 23 additional riverboat regulated on or after March 31, 1996. 19 24 3. For the division of narcotics enforcement which 19 25 includes: 19 26 a. The state's contribution to the peace officers' 19 27 retirement, accident, and disability system provided in 19 28 chapter 97A in the amount of 18 percent of the salaries for 19 29 which the funds are appropriated, to meet federal fund 19 30 matching requirements: 19 31 .................................................. $ 2,519,162 19 32 b. Undercover purchases: 19 33 .................................................. $ 139,202 19 34 4. For the state fire marshal's office, including the 19 35 state's contribution to the peace officers' retirement, 20 1 accident, and disability system provided in chapter 97A in the 20 2 amount of 18 percent of the salaries for which the funds are 20 3 appropriated: 20 4 .................................................. $ 1,458,161 20 5 5. For the capitol security division, including the 20 6 state's contribution to the peace officers' retirement, 20 7 accident, and disability system provided in chapter 97A in the 20 8 amount of 18 percent of the salaries for which the funds are 20 9 appropriated: 20 10 .................................................. $ 1,207,304 20 11 6. An employee of the department of public safety who 20 12 retires after the effective date of this section but prior to 20 13 June 30, 1997, is eligible for payment of life or health 20 14 insurance premiums as provided for in the collective 20 15 bargaining agreement covering the public safety bargaining 20 16 unit at the time of retirement if that employee previously 20 17 served in a position which would have been covered by the 20 18 agreement. The employee shall be given credit for the service 20 19 in that prior position as though it were covered by that 20 20 agreement. The provisions of this paragraph shall not operate 20 21 to reduce any retirement benefits an employee may have earned 20 22 under other collective bargaining agreements or retirement 20 23 programs. 20 24 7. For costs associated with the maintenance of the 20 25 automated fingerprint information system (AFIS): 20 26 .................................................. $ 222,155 20 27 8. For the division of highway safety, uniformed force, 20 28 and radio communications of the department of public safety 20 29 for salaries, support, maintenance, workers' compensation 20 30 costs, and miscellaneous purposes, including the state's 20 31 contribution to the peace officers' retirement, accident, and 20 32 disability system provided in chapter 97A in the amount of 18 20 33 percent of the salaries for which the funds are appropriated: 20 34 .................................................. $ 9,000,000 20 35 Sec. 19. There is appropriated from the highway safety 21 1 patrol fund created in section 80.41 to the division of 21 2 highway safety, uniformed force, and radio communications of 21 3 the department of public safety, for the fiscal year beginning 21 4 July 1, 1996, and ending June 30, 1997, the following amounts, 21 5 or so much thereof as is necessary, to be used for the 21 6 purposes designated: 21 7 1. For salaries, support, maintenance, workers' 21 8 compensation costs, and miscellaneous purposes, including the 21 9 state's contribution to the peace officers' retirement, 21 10 accident, and disability system provided in chapter 97A in the 21 11 amount of 18 percent of the salaries for which the funds are 21 12 appropriated: 21 13 .................................................. $ 25,396,129 21 14 2. For payment to the department of personnel for expenses 21 15 incurred in administering the merit system on behalf of the 21 16 division of highway safety, uniformed force, and radio 21 17 communications: 21 18 .................................................. $ 66,293 21 19 Sec. 20. Section 602.8108A, Code Supplement 1995, is 21 20 amended to read as follows: 21 21 602.8108A PRISON INFRASTRUCTURE FUND. 21 221.The Iowa prison infrastructure fund is created and 21 23 established as a separate and distinct fund in the state 21 24 treasury. Notwithstanding any other provision of this chapter 21 25 to the contrary, the first eight million dollars of moneys 21 26 remitted to the treasurer of state from fines, fees, costs, 21 27 and forfeited bail collected by the clerks of the district 21 28 court in criminal cases, including those collected for both 21 29 scheduled and nonscheduled violations, collected in each 21 30 fiscal year commencing with the fiscal year beginning July 1, 21 31 1995, shall be deposited in the fund. Interest and other 21 32 income earned by the fund shall be deposited in the fund. If 21 33 the treasurer of state determines pursuant to 1994 Iowa Acts, 21 34 chapter 1196, that bonds can be issued pursuant to this 21 35 section and section 16.177, then the moneys in the fund are 22 1 appropriated to and for the purpose of paying the principal 22 2 of, premium, if any, and interest on bonds issued by the Iowa 22 3 finance authority under section 16.177.Except as otherwise22 4provided in subsection 2Notwithstanding sections 8.33 and 22 5 8.39, amounts in the funds shall not revert or be transferred 22 6 to the general fund of the state, be used for any program not 22 7 designated in this section, or be subject to appropriation for 22 8 any purpose by the general assembly, but shall be used only 22 9 for the purposes set forth in this section. The treasurer of 22 10 state shall act as custodian of the fund and disburse amounts 22 11 contained in it as directed by the department of corrections 22 12 including the automatic disbursement of funds pursuant to the 22 13 terms of bond indentures and documents and security provisions 22 14 to trustees and custodians. The treasurer of state is 22 15 authorized to invest the funds deposited in the fund subject 22 16 to any limitations contained in any applicable bond 22 17 proceedings.Any amounts remaining in the fund at the end of22 18each fiscal year shall be transferred to the general fund.22 192. If the treasurer of state determines that bonds cannot22 20be issued pursuant to this section and section 16.177, the22 21treasurer of state shall deposit the moneys in the prison22 22infrastructure fund into the general fund of the state.22 23 Sec. 21. EFFECTIVE DATES. 22 24 1. Section 20 of this Act, dealing with the Iowa prison 22 25 infrastructure fund, takes effect upon enactment. 22 26 2. This section takes effect upon enactment. 22 27 EXPLANATION 22 28 The bill makes appropriations for the 1996-1997 fiscal year 22 29 to the departments of justice, corrections, public defense, 22 30 and certain divisions of public safety, and the judicial 22 31 department, the Iowa law enforcement academy, board of parole, 22 32 and other public safety activities. The bill also limits the 22 33 use of moneys in the Iowa prison infrastructure fund for 22 34 purposes of prison infrastructures. 22 35 LSB 3217XG 76 23 1 mg/cf/24.6
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