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PAG LIN
1 1 HOUSE FILE 2539
1 2
1 3 AN ACT
1 4 RELATING TO AND MAKING APPROPRIATIONS TO THE JUSTICE SYSTEM
1 5 AND PROVIDING EFFECTIVE DATES.
1 6
1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 8
1 9 Section 1. DEPARTMENT OF JUSTICE. There is appropriated
1 10 from the general fund of the state to the department of
1 11 justice for the fiscal year beginning July 1, 1998, and ending
1 12 June 30, 1999, the following amounts, or so much thereof as is
1 13 necessary, to be used for the purposes designated:
1 14 1. For the general office of attorney general for
1 15 salaries, support, maintenance, miscellaneous purposes
1 16 including odometer fraud enforcement, and for not more than
1 17 the following full-time equivalent positions:
1 18 .................................................. $ 7,524,661
1 19 ............................................... FTEs 186.50
1 20 Of the full-time equivalent positions (FTEs) appropriated
1 21 for in this subsection, 4.00 FTEs represent the transition of
1 22 personnel services contractors to full-time equivalent
1 23 position status. The merit system provisions of chapter 19A,
1 24 collective bargaining agreement provisions of chapter 20, and
1 25 the state and union collective bargaining agreements, as these
1 26 relate to the filling of positions, shall not govern movement
1 27 of these 4.00 FTEs into the full-time equivalent position
1 28 status during the period beginning July 1, 1998, and ending
1 29 August 31, 1998.
1 30 2. For the prosecuting attorney training program for
1 31 salaries, support, maintenance, miscellaneous purposes, and
1 32 for not more than the following full-time equivalent
1 33 positions:
1 34 .................................................. $ 285,895
1 35 ............................................... FTEs 6.00
2 1 3. In addition to the funds appropriated in subsection 1,
2 2 there is appropriated from the general fund of the state to
2 3 the department of justice for the fiscal year beginning July
2 4 1, 1998, and ending June 30, 1999, an amount not exceeding
2 5 $200,000 to be used for the enforcement of the Iowa
2 6 competition law. The funds appropriated in this subsection
2 7 are contingent upon receipt by the general fund of the state
2 8 of an amount at least equal to the expenditure amount from
2 9 either damages awarded to the state or a political subdivision
2 10 of the state by a civil judgment under chapter 553, if the
2 11 judgment authorizes the use of the award for enforcement
2 12 purposes or costs or attorneys fees awarded the state in state
2 13 or federal antitrust actions. However, if the amounts
2 14 received as a result of these judgments are in excess of
2 15 $200,000, the excess amounts shall not be appropriated to the
2 16 department of justice pursuant to this subsection.
2 17 4. In addition to the funds appropriated in subsection 1,
2 18 there is appropriated from the general fund of the state to
2 19 the department of justice for the fiscal year beginning July
2 20 1, 1998, and ending June 30, 1999, an amount not exceeding
2 21 $150,000 to be used for public education relating to consumer
2 22 fraud and for enforcement of section 714.16, and an amount not
2 23 exceeding $75,000 for investigation, prosecution, and consumer
2 24 education relating to consumer and criminal fraud against
2 25 older Iowans. The funds appropriated in this subsection are
2 26 contingent upon receipt by the general fund of the state of an
2 27 amount at least equal to the expenditure amount from damages
2 28 awarded to the state or a political subdivision of the state
2 29 by a civil consumer fraud judgment or settlement, if the
2 30 judgment or settlement authorizes the use of the award for
2 31 public education on consumer fraud. However, if the funds
2 32 received as a result of these judgments and settlements are in
2 33 excess of $225,000, the excess funds shall not be appropriated
2 34 to the department of justice pursuant to this subsection.
2 35 5. For victim assistance grants:
3 1 .................................................. $ 1,759,806
3 2 a. The funds appropriated in this subsection shall be used
3 3 to provide grants to care providers providing services to
3 4 crime victims of domestic abuse or to crime victims of rape
3 5 and sexual assault.
3 6 b. Notwithstanding section 8.33 or 8.39, any balance
3 7 remaining from the appropriation in this subsection at the
3 8 close of the fiscal year shall not revert to the general fund
3 9 of the state but shall be available for expenditure during the
3 10 subsequent fiscal year for the same purpose, and shall not be
3 11 transferred to any other program.
3 12 6. For the GASA prosecuting attorney program and for not
3 13 more than the following full-time equivalent positions:
3 14 .................................................. $ 128,302
3 15 ............................................... FTEs 2.00
3 16 7. The balance of the victim compensation fund established
3 17 in section 912.14 may be used to provide salary and support of
3 18 not more than 17.00 FTEs and to provide maintenance for the
3 19 victim compensation functions of the department of justice.
3 20 Of the full-time equivalent positions (FTEs) appropriated for
3 21 in this subsection, 1.75 FTEs represent the transition of
3 22 personnel services contractors to full-time equivalent
3 23 position status. The merit system provisions of chapter 19A,
3 24 collective bargaining agreement provisions of chapter 20, and
3 25 the state and union collective bargaining agreements, as these
3 26 relate to the filling of positions, shall not govern movement
3 27 of these 1.75 FTEs into the full-time equivalent position
3 28 status during the period beginning July 1, 1998, and ending
3 29 August 31, 1998.
3 30 8. The department of justice shall submit monthly
3 31 financial statements to the legislative fiscal bureau and the
3 32 department of management containing all appropriated accounts
3 33 in the same manner as provided in the monthly financial status
3 34 reports and personal services usage reports of the department
3 35 of revenue and finance. The monthly financial statements
4 1 shall include comparisons of the moneys and percentage spent
4 2 of budgeted to actual revenues and expenditures on a
4 3 cumulative basis for full-time equivalent positions and
4 4 available moneys.
4 5 9. a. The department of justice, in submitting budget
4 6 estimates for the fiscal year commencing July 1, 1999,
4 7 pursuant to section 8.23, shall include a report of funding
4 8 from sources other than amounts appropriated directly from the
4 9 general fund of the state to the department of justice or to
4 10 the office of consumer advocate. These funding sources shall
4 11 include, but are not limited to, reimbursements from other
4 12 state agencies, commissions, boards, or similar entities, and
4 13 reimbursements from special funds or internal accounts within
4 14 the department of justice. The department of justice shall
4 15 report actual reimbursements for the fiscal year commencing
4 16 July 1, 1997, and actual and expected reimbursements for the
4 17 fiscal year commencing July 1, 1998.
4 18 b. The department of justice shall include the report
4 19 required under paragraph "a", as well as information regarding
4 20 any revisions occurring as a result of reimbursements actually
4 21 received or expected at a later date, in a report to the co-
4 22 chairpersons and ranking members of the joint appropriations
4 23 subcommittee on the justice system and the legislative fiscal
4 24 bureau. The department of justice shall submit the report on
4 25 or before January 15, 1999.
4 26 10. For legal services for persons in poverty grants as
4 27 provided in section 13.34:
4 28 .................................................. $ 600,000
4 29 As a condition for accepting a grant funded pursuant to
4 30 this subsection, an organization receiving a grant shall
4 31 submit a report to the general assembly by January 1, 1999,
4 32 concerning the use of any grants received during the previous
4 33 fiscal year and efforts made by the organization to find
4 34 alternative sources of revenue to replace any reductions in
4 35 federal funding for the organization.
5 1 Sec. 2. DEPARTMENT OF JUSTICE – ENVIRONMENTAL CRIMES
5 2 INVESTIGATION AND PROSECUTION – FUNDING. There is
5 3 appropriated from the environmental crime fund of the
5 4 department of justice, consisting of court-ordered fines and
5 5 penalties awarded to the department arising out of the
5 6 prosecution of environmental crimes, to the department of
5 7 justice for the fiscal year beginning July 1, 1998, and ending
5 8 June 30, 1999, an amount not exceeding $20,000 to be used by
5 9 the department, at the discretion of the attorney general, for
5 10 the investigation and prosecution of environmental crimes,
5 11 including the reimbursement of expenses incurred by county,
5 12 municipal, and other local governmental agencies cooperating
5 13 with the department in the investigation and prosecution of
5 14 environmental crimes.
5 15 The funds appropriated in this section are contingent upon
5 16 receipt by the environmental crime fund of the department of
5 17 justice of an amount at least equal to the appropriations made
5 18 in this section and received from contributions, court-ordered
5 19 restitution as part of judgments in criminal cases, and
5 20 consent decrees entered into as part of civil or regulatory
5 21 enforcement actions. However, if the funds received during
5 22 the fiscal year are in excess of $20,000, the excess funds
5 23 shall be deposited in the general fund of the state.
5 24 Notwithstanding section 8.33, moneys appropriated in this
5 25 section which remain unexpended or unobligated at the close of
5 26 the fiscal year shall not revert to the environmental crime
5 27 fund but shall remain available for expenditure for the
5 28 designated purpose in the succeeding fiscal year.
5 29 Sec. 3. OFFICE OF CONSUMER ADVOCATE. There is
5 30 appropriated from the general fund of the state to the office
5 31 of consumer advocate of the department of justice for the
5 32 fiscal year beginning July 1, 1998, and ending June 30, 1999,
5 33 the following amount, or so much thereof as is necessary, to
5 34 be used for the purposes designated:
5 35 For salaries, support, maintenance, miscellaneous purposes,
6 1 and for not more than the following full-time equivalent
6 2 positions:
6 3 .................................................. $ 2,525,978
6 4 ............................................... FTEs 32.00
6 5 Sec. 4. DEPARTMENT OF CORRECTIONS – FACILITIES. There is
6 6 appropriated from the general fund of the state to the
6 7 department of corrections for the fiscal year beginning July
6 8 1, 1998, and ending June 30, 1999, the following amounts, or
6 9 so much thereof as is necessary, to be used for the purposes
6 10 designated:
6 11 1. For the operation of adult correctional institutions,
6 12 to be allocated as follows:
6 13 a. For the operation of the Fort Madison correctional
6 14 facility, including salaries, support, maintenance, employment
6 15 of correctional officers, miscellaneous purposes, and for not
6 16 more than the following full-time equivalent positions:
6 17 .................................................. $ 28,009,043
6 18 ............................................... FTEs 502.00
6 19 b. For the operation of the Anamosa correctional facility,
6 20 including salaries, support, maintenance, employment of
6 21 correctional officers and a part-time chaplain to provide
6 22 religious counseling to inmates of a minority race,
6 23 miscellaneous purposes, and for not more than the following
6 24 full-time equivalent positions:
6 25 .................................................. $ 22,525,866
6 26 ............................................... FTEs 394.25
6 27 Moneys are provided within this appropriation for two full-
6 28 time substance abuse counselors for the Luster Heights
6 29 facility, for the purpose of certification of a substance
6 30 abuse program at that facility.
6 31 Of the full-time equivalent positions (FTEs) appropriated
6 32 for in this paragraph, 1.50 FTEs represent the transition of
6 33 personnel services contractors to full-time equivalent
6 34 position status. The merit system provisions of chapter 19A,
6 35 collective bargaining agreement provisions of chapter 20, and
7 1 the state and union collective bargaining agreements, as these
7 2 relate to the filling of positions, shall not govern movement
7 3 of these 1.50 FTEs into the full-time equivalent position
7 4 status during the period beginning July 1, 1998, and ending
7 5 August 31, 1998.
7 6 c. For the operation of the Oakdale correctional facility,
7 7 including salaries, support, maintenance, employment of
7 8 correctional officers, miscellaneous purposes, and for not
7 9 more than the following full-time equivalent positions:
7 10 .................................................. $ 18,654,062
7 11 ............................................... FTEs 338.80
7 12 Of the full-time equivalent positions (FTEs) appropriated
7 13 for in this paragraph, 1.50 FTEs represent the transition of
7 14 personnel services contractors to full-time equivalent
7 15 position status. The merit system provisions of chapter 19A,
7 16 collective bargaining agreement provisions of chapter 20, and
7 17 the state and union collective bargaining agreements, as these
7 18 relate to the filling of positions, shall not govern movement
7 19 of these 1.50 FTEs into the full-time equivalent position
7 20 status during the period beginning July 1, 1998, and ending
7 21 August 31, 1998.
7 22 d. For the operation of the Newton correctional facility,
7 23 including salaries, support, maintenance, employment of
7 24 correctional officers, miscellaneous purposes, and for not
7 25 more than the following full-time equivalent positions:
7 26 .................................................. $ 20,599,916
7 27 ............................................... FTEs 380.58
7 28 Of the full-time equivalent positions (FTEs) appropriated
7 29 for in this paragraph, 4.83 FTEs represent the transition of
7 30 personnel services contractors to full-time equivalent
7 31 position status. The merit system provisions of chapter 19A,
7 32 collective bargaining agreement provisions of chapter 20, and
7 33 the state and union collective bargaining agreements, as these
7 34 relate to the filling of positions, shall not govern movement
7 35 of these 4.83 FTEs into the full-time equivalent position
8 1 status during the period beginning July 1, 1998, and ending
8 2 August 31, 1998.
8 3 e. For the operation of the Mt. Pleasant correctional
8 4 facility, including salaries, support, maintenance, employment
8 5 of correctional officers and a full-time chaplain to provide
8 6 religious counseling at the Oakdale and Mt. Pleasant
8 7 correctional facilities, miscellaneous purposes, and for not
8 8 more than the following full-time equivalent positions:
8 9 .................................................. $ 18,098,880
8 10 ............................................... FTEs 344.99
8 11 Of the full-time equivalent positions (FTEs) appropriated
8 12 for in this paragraph, 1.67 FTEs represent the transition of
8 13 personnel services contractors to full-time equivalent
8 14 position status. The merit system provisions of chapter 19A,
8 15 collective bargaining agreement provisions of chapter 20, and
8 16 the state and union collective bargaining agreements, as these
8 17 relate to the filling of positions, shall not govern movement
8 18 of these 1.67 FTEs into the full-time equivalent position
8 19 status during the period beginning July 1, 1998, and ending
8 20 August 31, 1998.
8 21 f. For the operation of the Rockwell City correctional
8 22 facility, including salaries, support, maintenance, employment
8 23 of correctional officers, miscellaneous purposes, and for not
8 24 more than the following full-time equivalent positions:
8 25 .................................................. $ 6,268,795
8 26 ............................................... FTEs 117.00
8 27 g. For the operation of the Clarinda correctional
8 28 facility, including salaries, support, maintenance, employment
8 29 of correctional officers, miscellaneous purposes, and for not
8 30 more than the following full-time equivalent positions:
8 31 .................................................. $ 16,545,960
8 32 ............................................... FTEs 286.90
8 33 Of the full-time equivalent positions (FTEs) appropriated
8 34 for in this paragraph, 17.90 FTEs represent the transition of
8 35 personnel services contractors to full-time equivalent
9 1 position status. The merit system provisions of chapter 19A,
9 2 collective bargaining agreement provisions of chapter 20, and
9 3 the state and union collective bargaining agreements, as these
9 4 relate to the filling of positions, shall not govern movement
9 5 of these 17.90 FTEs into the full-time equivalent position
9 6 status during the period beginning July 1, 1998, and ending
9 7 August 31, 1998.
9 8 Moneys received by the department of corrections as
9 9 reimbursement for services provided to the Clarinda youth
9 10 corporation are appropriated to the department and shall be
9 11 used for the purpose of operating the Clarinda correctional
9 12 facility.
9 13 h. For the operation of the Mitchellville correctional
9 14 facility, including salaries, support, maintenance, employment
9 15 of correctional officers, miscellaneous purposes, and for not
9 16 more than the following full-time equivalent positions:
9 17 .................................................. $ 7,712,391
9 18 ............................................... FTEs 151.25
9 19 Of the full-time equivalent positions (FTEs) appropriated
9 20 for in this paragraph, 1.25 FTEs represent the transition of
9 21 personnel services contractors to full-time equivalent
9 22 position status. The merit system provisions of chapter 19A,
9 23 collective bargaining agreement provisions of chapter 20, and
9 24 the state and union collective bargaining agreements, as these
9 25 relate to the filling of positions, shall not govern movement
9 26 of these 1.25 FTEs into the full-time equivalent position
9 27 status during the period beginning July 1, 1998, and ending
9 28 August 31, 1998.
9 29 i. For the operation of the Fort Dodge correctional
9 30 facility, including salaries, support, maintenance, employment
9 31 of correctional officers, miscellaneous purposes, and for not
9 32 more than the following full-time equivalent positions:
9 33 .................................................. $ 14,920,795
9 34 ............................................... FTEs 287.00
9 35 2. a. If the inmate tort claim fund for inmate claims of
10 1 less than $100 is exhausted during the fiscal year, sufficient
10 2 funds shall be transferred from the institutional budgets to
10 3 pay approved tort claims for the balance of the fiscal year.
10 4 The warden or superintendent of each institution or
10 5 correctional facility shall designate an employee to receive,
10 6 investigate, and recommend whether to pay any properly filed
10 7 inmate tort claim for less than the above amount. The
10 8 designee's recommendation shall be approved or denied by the
10 9 warden or superintendent and forwarded to the department of
10 10 corrections for final approval and payment. The amounts
10 11 appropriated to this fund pursuant to 1987 Iowa Acts, chapter
10 12 234, section 304, subsection 2, are not subject to reversion
10 13 under section 8.33.
10 14 b. Tort claims denied at the institution shall be
10 15 forwarded to the state appeal board for their consideration as
10 16 if originally filed with that body. This procedure shall be
10 17 used in lieu of chapter 669 for inmate tort claims of less
10 18 than $100.
10 19 3. It is the intent of the general assembly that the
10 20 department of corrections shall timely fill correctional
10 21 positions authorized for correctional facilities pursuant to
10 22 this section.
10 23 Sec. 5. DEPARTMENT OF CORRECTIONS – ADMINISTRATION.
10 24 There is appropriated from the general fund of the state to
10 25 the department of corrections for the fiscal year beginning
10 26 July 1, 1998, and ending June 30, 1999, the following amounts,
10 27 or so much thereof as is necessary, to be used for the
10 28 purposes designated:
10 29 1. For general administration, including salaries,
10 30 support, maintenance, employment of an education director and
10 31 clerk to administer a centralized education program for the
10 32 correctional system, miscellaneous purposes, and for not more
10 33 than the following full-time equivalent positions:
10 34 .................................................. $ 2,132,722
10 35 ............................................... FTEs 37.18
11 1 The department shall monitor the use of the classification
11 2 model by the judicial district departments of correctional
11 3 services and has the authority to override a district
11 4 department's decision regarding classification of community-
11 5 based clients. The department shall notify a district
11 6 department of the reasons for the override.
11 7 It is the intent of the general assembly that as a
11 8 condition of receiving the appropriation provided in this
11 9 subsection, the department of corrections shall not enter into
11 10 a new contract, unless the contract is a renewal of an
11 11 existing contract, for the expenditure of moneys in excess of
11 12 $100,000 during the fiscal year beginning July 1, 1998, for
11 13 the privatization of services performed by the department
11 14 using state employees as of July 1, 1998, or for the
11 15 privatization of new services by the department, without prior
11 16 consultation with any applicable state employee organization
11 17 affected by the proposed new contract and prior notification
11 18 of the co-chairpersons and ranking members of the joint
11 19 appropriations subcommittee on the justice system.
11 20 It is the intent of the general assembly that as a
11 21 condition of receiving the appropriation provided in this
11 22 subsection, the department of corrections shall not enter into
11 23 a lease or contractual agreement pursuant to section 904.809
11 24 with a private corporation for the use of building space for
11 25 the purpose of providing inmate employment without notifying,
11 26 at least twenty-one calendar days prior to the execution of
11 27 the lease or contractual agreement, the chairpersons and
11 28 ranking members of the general assembly's joint appropriations
11 29 subcommittee on the justice system of the name of the person
11 30 entering into the lease or contract, and the terms of the
11 31 lease or contract.
11 32 The department of general services shall, notwithstanding
11 33 any provisions of law or rule to the contrary, permit the
11 34 department of corrections the opportunity to acquire, at no
11 35 cost, computers that would otherwise be disposed of by the
12 1 department of general services. The department of corrections
12 2 shall use computers acquired under this paragraph to provide
12 3 educational training and programs for inmates.
12 4 It is the intent of the general assembly that each lease
12 5 negotiated by the department of corrections with a private
12 6 corporation for the purpose of providing private industry
12 7 employment of inmates in a correctional institution shall
12 8 prohibit the private corporation from utilizing inmate labor
12 9 for partisan political purposes for any person seeking
12 10 election to public office in this state and that a violation
12 11 of this requirement shall result in a termination of the lease
12 12 agreement.
12 13 It is the intent of the general assembly that as a
12 14 condition of receiving the appropriation provided in this
12 15 subsection, the department of corrections shall not enter into
12 16 a lease or contractual agreement pursuant to section 904.809
12 17 with a private corporation for the use of building space for
12 18 the purpose of providing inmate employment without providing
12 19 that the terms of the lease or contract establish safeguards
12 20 to restrict, to the greatest extent feasible, access by
12 21 inmates working for the private corporation to personal
12 22 identifying information of citizens.
12 23 It is the intent of the general assembly that as a
12 24 condition of receiving the appropriation provided in this
12 25 subsection, the department of corrections shall not enter into
12 26 any agreement with a private for-profit agency or corporation
12 27 for the purpose of transferring inmates under the custody of
12 28 the department to a jail or correctional facility or
12 29 institution in this state which is established, maintained, or
12 30 operated by a private for-profit agency or corporation without
12 31 prior approval by the general assembly.
12 32 2. For reimbursement of counties for temporary confinement
12 33 of work release and parole violators, as provided in sections
12 34 901.7, 904.908, and 906.17 and for offenders confined pursuant
12 35 to section 904.513:
13 1 .................................................. $ 524,038
13 2 3. For federal prison reimbursement, reimbursements for
13 3 out-of-state placements, and miscellaneous contracts:
13 4 .................................................. $ 341,334
13 5 The department of corrections shall use funds appropriated
13 6 in this subsection to continue to contract for the services of
13 7 a Muslim imam.
13 8 4. For salaries, support, maintenance, miscellaneous
13 9 purposes, and for not more than the following full-time
13 10 equivalent positions at the correctional training center at
13 11 Mt. Pleasant:
13 12 .................................................. $ 471,689
13 13 ............................................... FTEs 8.16
13 14 5. For hormonal treatment for sex offenders:
13 15 .................................................. $ 500,000
13 16 6. For annual payment relating to the financial
13 17 arrangement for the construction of expansion in prison
13 18 capacity as provided in 1990 Iowa Acts, chapter 1257, section
13 19 24:
13 20 .................................................. $ 3,185,265
13 21 7. For educational programs for inmates at state penal
13 22 institutions:
13 23 .................................................. $ 2,950,600
13 24 It is the intent of the general assembly that moneys
13 25 appropriated in this subsection shall be used solely for the
13 26 purpose indicated and that the moneys shall not be transferred
13 27 for any other purpose. In addition, it is the intent of the
13 28 general assembly that the department shall consult with the
13 29 community colleges in the areas in which the institutions are
13 30 located to utilize moneys appropriated in this subsection to
13 31 fund the high school completion, high school equivalency
13 32 diploma, adult literacy, and adult basic education programs in
13 33 a manner so as to maintain these programs at the institutions.
13 34 To maximize the funding for educational programs, the
13 35 department shall establish guidelines and procedures to
14 1 prioritize the availability of educational and vocational
14 2 training for inmates based upon the goal of facilitating an
14 3 inmate's successful release from the correctional institution.
14 4 Notwithstanding section 8.33, moneys appropriated in this
14 5 subsection which remain unobligated or unexpended at the close
14 6 of the fiscal year shall not revert to the general fund of the
14 7 state but shall remain available to be used only for the
14 8 purposes designated in this subsection in the succeeding
14 9 fiscal year.
14 10 8. For educational programs for inmates at the
14 11 Mitchellville correctional facility:
14 12 .................................................. $ 12,000
14 13 It is the intent of the general assembly that moneys
14 14 appropriated in this subsection shall be in addition to any
14 15 moneys that would be allocated to the Mitchellville
14 16 correctional facility for educational programs pursuant to the
14 17 formula established by the department of corrections for
14 18 distribution of moneys appropriated in subsection 7.
14 19 9. The department of corrections shall submit a report to
14 20 the general assembly on January 1, 1999, concerning progress
14 21 made in implementing the requirements of section 904.701,
14 22 concerning hard labor by inmates.
14 23 10. The department of corrections shall study and consider
14 24 the implementation of a computer database to provide inmate
14 25 case management and offender profiling to better identify,
14 26 track, and assist inmates of the correctional institutions.
14 27 11. It is the intent of the general assembly that the
14 28 department of corrections connect all of its correctional
14 29 facilities to the Iowa communications network (ICN).
14 30 12. Except as otherwise provided in subsection 13, it is
14 31 the intent of the general assembly that the department of
14 32 corrections shall continue to operate the correctional farms
14 33 under the control of the department at the same or greater
14 34 level of participation and involvement as existed as of
14 35 January 1, 1998, and shall further attempt to provide
15 1 meaningful job opportunities at the farms for inmates.
15 2 13. It is the intent of the general assembly that the
15 3 department of corrections cease all cattle operations on land
15 4 at the Glenwood state hospital-school by July 1, 1998, and
15 5 that the department of corrections shall be prohibited from
15 6 entering into any lease or other contractual agreement with
15 7 any person concerning the use of the land specifically used
15 8 for cattle operations once cattle operations on that land have
15 9 ceased pursuant to this subsection.
15 10 14. It is the intent of the general assembly that each
15 11 correctional facility under the control of the department of
15 12 corrections with at least one hundred acres of agricultural
15 13 land shall establish an agribusiness advisory council to
15 14 provide technical advice and assistance to the correctional
15 15 facility concerning agricultural-related work activities for
15 16 inmates at the correctional facility if such activities occur
15 17 at the facility. The agribusiness advisory council shall
15 18 consist of three persons involved in agriculture who reside in
15 19 the county in which the correctional facility is located and
15 20 who shall be selected by the county agricultural extension
15 21 council of the county agricultural extension district in that
15 22 county. Each agribusiness advisory council may submit a
15 23 report concerning the activities of the council, to include
15 24 any proposals or recommendations of the council, to the
15 25 department of corrections and the department of corrections
15 26 shall compile any reports received during the previous
15 27 calendar year and submit a report based on any reports
15 28 received to the general assembly by January 8, 1999.
15 29 15. The department of corrections shall submit a report to
15 30 the general assembly by January 1, 1999, concerning moneys
15 31 deposited in, and expended from, each inmate telephone rebate
15 32 fund established by a correctional institution pursuant to
15 33 section 904.508A, during the fiscal year beginning July 1,
15 34 1997. In addition, each correctional institution that has
15 35 established an inmate telephone rebate fund shall submit a
16 1 report to the legislative fiscal bureau on a quarterly basis,
16 2 commencing July 1, 1998, concerning the moneys deposited in
16 3 the fund and expended from the fund during the previous
16 4 calendar quarter.
16 5 16. The department of corrections shall submit a report to
16 6 the general assembly by January 1, 1999, concerning moneys
16 7 recouped from inmate earnings for the reimbursement of
16 8 operational expenses of the applicable facility during the
16 9 fiscal year beginning July 1, 1997, for each correctional
16 10 institution and judicial district department of correctional
16 11 services. In addition, each correctional institution and
16 12 judicial district department of correctional services shall
16 13 submit a report to each member of the joint appropriations
16 14 subcommittee on the justice system and the legislative fiscal
16 15 bureau on a monthly basis, commencing July 1, 1998, concerning
16 16 moneys recouped from inmate earnings for the reimbursement of
16 17 operational expenses for each correctional institution and
16 18 district department during the previous calendar month.
16 19 Sec. 6. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL
16 20 SERVICES.
16 21 1. There is appropriated from the general fund of the
16 22 state to the department of corrections for the fiscal year
16 23 beginning July 1, 1998, and ending June 30, 1999, the
16 24 following amounts, or so much thereof as is necessary, to be
16 25 allocated as follows:
16 26 a. For the first judicial district department of
16 27 correctional services, including the treatment and supervision
16 28 of probation and parole violators who have been released from
16 29 the department of corrections violator program, the following
16 30 amount, or so much thereof as is necessary:
16 31 .................................................. $ 7,576,323
16 32 (1) The district department shall continue the intensive
16 33 supervision program established within the district in 1988
16 34 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph
16 35 "a", and the sex offender treatment program established within
17 1 the district in 1989 Iowa Acts, chapter 316, section 8,
17 2 subsection 1, paragraph "a".
17 3 (2) The district department, in cooperation with the chief
17 4 judge of the judicial district, shall continue the
17 5 implementation of a plan to divert low-risk offenders to the
17 6 least restrictive sanction available.
17 7 b. For the second judicial district department of
17 8 correctional services, including the treatment and supervision
17 9 of probation and parole violators who have been released from
17 10 the department of corrections violator program, the following
17 11 amount, or so much thereof as is necessary:
17 12 .................................................. $ 6,021,136
17 13 (1) The district department shall continue the sex
17 14 offender treatment program established within the district in
17 15 1988 Iowa Acts, chapter 1271, section 6, subsection 1,
17 16 paragraph "b".
17 17 (2) The district department, in cooperation with the chief
17 18 judge of the judicial district, shall continue the
17 19 implementation of a plan to divert low-risk offenders to the
17 20 least restrictive sanction available.
17 21 c. For the third judicial district department of
17 22 correctional services, including the treatment and supervision
17 23 of probation and parole violators who have been released from
17 24 the department of corrections violator program, the following
17 25 amount, or so much thereof as is necessary:
17 26 .................................................. $ 3,659,888
17 27 (1) The district department shall continue the sex
17 28 offender treatment program established within the district in
17 29 1988 Iowa Acts, chapter 1271, section 6, subsection 1,
17 30 paragraph "c", and the intensive supervision program
17 31 established within the district in 1990 Iowa Acts, chapter
17 32 1268, section 6, subsection 3, paragraph "d".
17 33 (2) The district department, in cooperation with the chief
17 34 judge of the judicial district, shall continue the
17 35 implementation of a plan to divert low-risk offenders to the
18 1 least restrictive sanction available.
18 2 d. For the fourth judicial district department of
18 3 correctional services, including the treatment and supervision
18 4 of probation and parole violators who have been released from
18 5 the department of corrections violator program, the following
18 6 amount, or so much thereof as is necessary:
18 7 .................................................. $ 2,756,478
18 8 (1) The district department shall continue the sex
18 9 offender treatment program established within the district in
18 10 1988 Iowa Acts, chapter 1271, section 6, subsection 1,
18 11 paragraph "d".
18 12 (2) The district department, in cooperation with the chief
18 13 judge of the judicial district, shall continue the
18 14 implementation of a plan to divert low-risk offenders to the
18 15 least restrictive sanction available.
18 16 e. For the fifth judicial district department of
18 17 correctional services, including the treatment and supervision
18 18 of probation and parole violators who have been released from
18 19 the department of corrections violator program, the following
18 20 amount, or so much thereof as is necessary:
18 21 .................................................. $ 10,723,496
18 22 (1) The district department shall continue the intensive
18 23 supervision program established within the district in 1988
18 24 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph
18 25 "e", and shall continue to provide for the rental of
18 26 electronic monitoring equipment.
18 27 (2) The district department, in cooperation with the chief
18 28 judge of the judicial district, shall continue the
18 29 implementation of a plan to divert low-risk offenders to the
18 30 least restrictive sanction available.
18 31 f. For the sixth judicial district department of
18 32 correctional services, including the treatment and supervision
18 33 of probation and parole violators who have been released from
18 34 the department of corrections violator program, the following
18 35 amount, or so much thereof as is necessary:
19 1 .................................................. $ 7,784,320
19 2 (1) The district department shall continue the intensive
19 3 supervision program established within the district in 1988
19 4 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph
19 5 "f", and the sex offender treatment program established within
19 6 the district in 1989 Iowa Acts, chapter 316, section 8,
19 7 subsection 1, paragraph "f".
19 8 (2) The district department, in cooperation with the chief
19 9 judge of the judicial district, shall continue the
19 10 implementation of a plan to divert low-risk offenders to the
19 11 least restrictive sanction available.
19 12 (3) The district department shall continue the
19 13 implementation of a plan providing for the expanded use of
19 14 intermediate criminal sanctions, as provided in 1993 Iowa
19 15 Acts, chapter 171, section 6, subsection 1, paragraph "f",
19 16 subparagraph (3).
19 17 g. For the seventh judicial district department of
19 18 correctional services, including the treatment and supervision
19 19 of probation and parole violators who have been released from
19 20 the department of corrections violator program, the following
19 21 amount, or so much thereof as is necessary:
19 22 .................................................. $ 4,777,764
19 23 (1) The district department shall continue the intensive
19 24 supervision program established within the district in 1988
19 25 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph
19 26 "g", and shall continue the sex offender treatment program
19 27 established within the district in 1989 Iowa Acts, chapter
19 28 316, section 8, subsection 1, paragraph "g".
19 29 (2) The district department shall continue the job
19 30 development program established within the district in 1990
19 31 Iowa Acts, chapter 1268, section 6, subsection 7, paragraph
19 32 "e".
19 33 (3) The district department, in cooperation with the chief
19 34 judge of the judicial district, shall continue the
19 35 implementation of a plan to divert low-risk offenders to the
20 1 least restrictive sanction available.
20 2 h. For the eighth judicial district department of
20 3 correctional services, including the treatment and supervision
20 4 of probation and parole violators who have been released from
20 5 the department of corrections violator program, the following
20 6 amount, or so much thereof as is necessary:
20 7 .................................................. $ 4,485,253
20 8 (1) The district department shall continue the intensive
20 9 supervision program established within the district in 1988
20 10 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph
20 11 "h", and shall continue the sex offender treatment program
20 12 established within the district in 1989 Iowa Acts, chapter
20 13 316, section 8, subsection 1, paragraph "h".
20 14 (2) The district department, in cooperation with the chief
20 15 judge of the judicial district, shall continue the
20 16 implementation of a plan to divert low-risk offenders to the
20 17 least restrictive sanction available.
20 18 i. For the department of corrections for the assistance
20 19 and support of each judicial district department of
20 20 correctional services, the following amount, or so much
20 21 thereof as is necessary:
20 22 .................................................. $ 83,576
20 23 2. The department of corrections shall continue to
20 24 contract with a judicial district department of correctional
20 25 services to provide for the rental of electronic monitoring
20 26 equipment which shall be available statewide.
20 27 3. Each judicial district department of correctional
20 28 services and the department of corrections shall continue the
20 29 treatment alternatives to street crime programs established in
20 30 1989 Iowa Acts, chapter 225, section 9.
20 31 4. The governor's alliance on substance abuse shall
20 32 consider federal grants made to the department of corrections
20 33 for the benefit of each of the eight judicial district
20 34 departments of correctional services as local government
20 35 grants, as defined pursuant to federal regulations.
21 1 5. Each judicial district department of correctional
21 2 services shall provide a report concerning the treatment and
21 3 supervision of probation and parole violators who have been
21 4 released from the department of corrections violator program,
21 5 to the co-chairpersons and ranking members of the joint
21 6 appropriations subcommittee on the justice system and the
21 7 legislative fiscal bureau, on or before January 15, 1999.
21 8 6. In addition to the requirements of section 8.39, the
21 9 department of corrections shall not make an intradepartmental
21 10 transfer of moneys appropriated to the department, unless
21 11 notice of the intradepartmental transfer is given prior to its
21 12 effective date to the legislative fiscal bureau. The notice
21 13 shall include information on the department's rationale for
21 14 making the transfer and details concerning the work load and
21 15 performance measures upon which the transfers are based.
21 16 7. Each judicial district department of correctional
21 17 services shall submit a report to the general assembly by
21 18 January 8, 1999, concerning what action, if any, the district
21 19 department has taken in order to implement, or not implement,
21 20 an intermediate criminal sanctions program as provided by
21 21 section 901B.1. If the district department has implemented
21 22 such a program, the report shall include information as to the
21 23 effectiveness of the program.
21 24 Sec. 7. CORRECTIONAL INSTITUTIONS – VOCATIONAL TRAINING.
21 25 1. The state prison industries board and the department of
21 26 corrections shall continue the implementation of a plan to
21 27 enhance vocational training opportunities within the
21 28 correctional institutions listed in section 904.102, as
21 29 provided in 1993 Iowa Acts, chapter 171, section 12. The plan
21 30 shall provide for increased vocational training opportunities
21 31 within the correctional institutions, including the
21 32 possibility of approving community college credit for inmates
21 33 working in prison industries. The department of corrections
21 34 shall provide a report concerning the implementation of the
21 35 plan to the co-chairpersons and ranking members of the joint
22 1 appropriations subcommittee on the justice system and the
22 2 legislative fiscal bureau, on or before January 15, 1999.
22 3 2. It is the intent of the general assembly that each
22 4 correctional facility make all reasonable efforts to maintain
22 5 vocational education programs for inmates and to identify
22 6 available funding sources to continue these programs. The
22 7 department of corrections shall submit a report to the general
22 8 assembly by January 1, 1999, concerning the efforts made by
22 9 each correctional facility in maintaining vocational education
22 10 programs for inmates.
22 11 Sec. 8. APPROPRIATIONS TO THE DEPARTMENT OF CORRECTIONS –
22 12 MONEYS ENCUMBERED – PRIORITIES.
22 13 1. Notwithstanding any other provision of law to the
22 14 contrary, moneys appropriated to the department of corrections
22 15 pursuant to 1997 Iowa Acts, chapter 205, sections 4, 5, and 6,
22 16 shall be considered encumbered pursuant to section 8.33, and
22 17 shall not revert to the general fund of the state following
22 18 the close of the fiscal year commencing July 1, 1997. As used
22 19 in this section, unless the context otherwise requires,
22 20 "encumbered funds" means the moneys appropriated to the
22 21 department of corrections pursuant to 1997 Iowa Acts, chapter
22 22 205, sections 4, 5, and 6, which would otherwise revert to the
22 23 general fund of the state following the close of the fiscal
22 24 year in which the moneys were appropriated, but for the
22 25 prohibition contained in this section.
22 26 2. The department of corrections shall use encumbered
22 27 funds in the fiscal year commencing July 1, 1998, to fund up
22 28 to an additional 50.00 FTEs for the employment of correctional
22 29 officers in the correctional institutions specified in section
22 30 904.102, and to purchase surveillance cameras and other
22 31 necessary surveillance or safety equipment for use in
22 32 correctional institutions. The full-time equivalent positions
22 33 authorized in this section for the employment of correctional
22 34 officers and the funding provided for the purchase of
22 35 equipment are in addition to any full-time equivalent
23 1 positions authorized or equipment funded in section 4 of this
23 2 Act, providing appropriations for department of corrections
23 3 facilities. The department of corrections shall use its
23 4 discretion in distributing the additional correctional
23 5 officers and equipment throughout the correctional facilities.
23 6 The department of corrections shall file a report with the
23 7 department of management concerning correctional officer
23 8 positions filled and critically needed safety equipment
23 9 purchased from encumbered funds provided under this section.
23 10 If the department is able to fund an additional 50.00 FTEs for
23 11 the employment of correctional officers pursuant to this
23 12 section and to purchase all critically needed safety
23 13 equipment, any remaining funds shall be unencumbered and shall
23 14 revert to the general fund of the state at the close of the
23 15 fiscal year commencing July 1, 1998.
23 16 Sec. 9. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES.
23 17 1. As used in this section, unless the context otherwise
23 18 requires, "state agency" means the government of the state of
23 19 Iowa, including but not limited to all executive departments,
23 20 agencies, boards, bureaus, and commissions, the judicial
23 21 department, the general assembly and all legislative agencies,
23 22 institutions within the purview of the state board of regents,
23 23 and any corporation whose primary function is to act as an
23 24 instrumentality of the state.
23 25 2. State agencies are hereby encouraged to purchase
23 26 products from Iowa state industries, as defined in section
23 27 904.802, when purchases are required and the products are
23 28 available from Iowa state industries.
23 29 3. State agencies shall submit to the legislative fiscal
23 30 bureau by January 15, 1999, a report of the dollar value of
23 31 products and services purchased from Iowa state industries by
23 32 the state agency during the fiscal year beginning July 1,
23 33 1997, and ending June 30, 1998.
23 34 Sec. 10. STATE PUBLIC DEFENDER. There is appropriated
23 35 from the general fund of the state to the office of the state
24 1 public defender of the department of inspections and appeals
24 2 for the fiscal year beginning July 1, 1998, and ending June
24 3 30, 1999, the following amount, or so much thereof as is
24 4 necessary, for the purposes designated:
24 5 .................................................. $ 33,673,008
24 6 The funds appropriated and full-time equivalent positions
24 7 authorized in this section are allocated as follows:
24 8 1. For salaries, support, maintenance, and miscellaneous
24 9 purposes, and for not more than the following full-time
24 10 equivalent positions:
24 11 .................................................. $ 12,760,719
24 12 .............................................. FTEs 199.00
24 13 2. For the fees of court-appointed attorneys for indigent
24 14 adults and juveniles, in accordance with section 232.141 and
24 15 chapter 815:
24 16 ................................................. $ 20,912,289
24 17 Sec. 11. JUDICIAL DEPARTMENT. There is appropriated from
24 18 the general fund of the state to the judicial department for
24 19 the fiscal year beginning July 1, 1998, and ending June 30,
24 20 1999, the following amounts, or so much thereof as is
24 21 necessary, to be used for the purposes designated:
24 22 1. For salaries of supreme court justices, appellate court
24 23 judges, district court judges, district associate judges,
24 24 judicial magistrates and staff, state court administrator,
24 25 clerk of the supreme court, district court administrators,
24 26 clerks of the district court, juvenile court officers, board
24 27 of law examiners and board of examiners of shorthand reporters
24 28 and judicial qualifications commission, receipt and
24 29 disbursement of child support payments, reimbursement of the
24 30 auditor of state for expenses incurred in completing audits of
24 31 the offices of the clerks of the district court during the
24 32 fiscal year beginning July 1, 1998, and maintenance,
24 33 equipment, and miscellaneous purposes:
24 34 .................................................. $101,068,908
24 35 a. The judicial department, except for purposes of
25 1 internal processing, shall use the current state budget
25 2 system, the state payroll system, and the Iowa finance and
25 3 accounting system in administration of programs and payments
25 4 for services, and shall not duplicate the state payroll,
25 5 accounting, and budgeting systems.
25 6 b. The judicial department shall submit monthly financial
25 7 statements to the legislative fiscal bureau and the department
25 8 of management containing all appropriated accounts in the same
25 9 manner as provided in the monthly financial status reports and
25 10 personal services usage reports of the department of revenue
25 11 and finance. The monthly financial statements shall include a
25 12 comparison of the dollars and percentage spent of budgeted
25 13 versus actual revenues and expenditures on a cumulative basis
25 14 for full-time equivalent positions and dollars.
25 15 c. Of the funds appropriated in this subsection, not more
25 16 than $1,897,728 may be transferred into the revolving fund
25 17 established pursuant to section 602.1302, subsection 3, to be
25 18 used for the payment of jury and witness fees and mileage.
25 19 d. The judicial department shall focus efforts upon the
25 20 collection of delinquent fines, penalties, court costs, fees,
25 21 surcharges, or similar amounts.
25 22 e. It is the intent of the general assembly that the
25 23 offices of the clerks of the district court operate in all
25 24 ninety-nine counties and be accessible to the public as much
25 25 as is reasonably possible in order to address the relative
25 26 needs of the citizens of each county.
25 27 f. In addition to the requirements for transfers under
25 28 section 8.39, the judicial department shall not change the
25 29 appropriations from the amounts appropriated to the department
25 30 in this Act, unless notice of the revisions is given prior to
25 31 their effective date to the legislative fiscal bureau. The
25 32 notice shall include information on the department's rationale
25 33 for making the changes and details concerning the work load
25 34 and performance measures upon which the changes are based.
25 35 g. The judicial department shall provide a report
26 1 semiannually to the co-chairpersons and ranking members of the
26 2 joint appropriations subcommittee on the justice system and to
26 3 the legislative fiscal bureau specifying the amounts of fines,
26 4 surcharges, and court costs collected using the Iowa court
26 5 information system. The report shall demonstrate and specify
26 6 how the Iowa court information system is used to improve the
26 7 collection process.
26 8 h. The judicial department shall provide a report to the
26 9 general assembly by January 1, 1999, concerning the amounts
26 10 received and expended from the enhanced court collections fund
26 11 created in section 602.1304 and the court technology and
26 12 modernization fund created in section 602.8108, subsection 4,
26 13 during the fiscal year beginning July 1, 1997, and ending June
26 14 30, 1998, and the plans for expenditures from each fund during
26 15 the fiscal year beginning July 1, 1998, and ending June 30,
26 16 1999.
26 17 2. For the juvenile victim restitution program:
26 18 .................................................. $ 183,471
26 19 Sec. 12. ENHANCED COURT COLLECTIONS FUND. Notwithstanding
26 20 section 602.1304, subsection 2, for the fiscal year beginning
26 21 July 1, 1998, and ending June 30, 1999, the maximum deposit
26 22 amount for the enhanced court collections fund shall be
26 23 $6,000,000. For succeeding fiscal years, the maximum deposit
26 24 amount shall be determined in accordance with section
26 25 602.1304, subsection 2, and the maximum deposit amount shall
26 26 not be increased due to the increase made in this section.
26 27 Sec. 13. JUDICIAL RETIREMENT FUND. There is appropriated
26 28 from the general fund of the state to the judicial retirement
26 29 fund for the fiscal year beginning July 1, 1998, and ending
26 30 June 30, 1999, the following amount, or so much thereof as is
26 31 necessary, to be used for the purpose designated:
26 32 For the state's contribution to the judicial retirement
26 33 fund established in section 602.9104, in the amount of 23.7
26 34 percent of the basic salaries of the judges covered under
26 35 chapter 602, article 9:
27 1 .................................................. $ 3,944,059
27 2 Sec. 14. INDIGENT DEFENSE COSTS. The supreme court shall
27 3 submit a written report for the preceding fiscal year no later
27 4 than January 1, 1999, indicating the amounts collected
27 5 pursuant to section 815.9A, relating to recovery of indigent
27 6 defense costs. The report shall include the total amount
27 7 collected by all courts, as well as the amounts collected by
27 8 each judicial district. The supreme court shall also submit a
27 9 written report quarterly indicating the number of criminal and
27 10 juvenile filings which occur in each judicial district for
27 11 purposes of estimating indigent defense costs. A copy of each
27 12 report shall be provided to the public defender, the
27 13 department of management, and the legislative fiscal bureau.
27 14 The judicial department shall continue to assist in the
27 15 development of an automated data system for use in the sharing
27 16 of information utilizing the generic program interface for
27 17 legislative and executive branch uses.
27 18 Sec. 15. AUTOMATED DATA SYSTEM. The department of
27 19 corrections, judicial district departments of correctional
27 20 services, board of parole, and the judicial department shall
27 21 continue to develop an automated data system for use in the
27 22 sharing of information between the department of corrections,
27 23 judicial district departments of correctional services, board
27 24 of parole, and the judicial department. The information to be
27 25 shared shall concern any individual who may, as the result of
27 26 an arrest or infraction of any law, be subject to the
27 27 jurisdiction of the department of corrections, judicial
27 28 district departments of correctional services, or board of
27 29 parole. The department of corrections, in consultation and
27 30 cooperation with the judicial district departments of
27 31 correctional services, the board of parole, and the judicial
27 32 department, shall provide a report concerning the development
27 33 of the automated data system to the co-chairpersons and
27 34 ranking members of the joint appropriations subcommittee on
27 35 the justice system and the legislative fiscal bureau, on or
28 1 before January 15, 1999.
28 2 Sec. 16. IOWA LAW ENFORCEMENT ACADEMY. There is
28 3 appropriated from the general fund of the state to the Iowa
28 4 law enforcement academy for the fiscal year beginning July 1,
28 5 1998, and ending June 30, 1999, the following amounts, or so
28 6 much thereof as is necessary, to be used for the purposes
28 7 designated:
28 8 1. For salaries, support, maintenance, miscellaneous
28 9 purposes, including jailer training and technical assistance,
28 10 and for not more than the following full-time equivalent
28 11 positions:
28 12 .................................................. $ 1,191,922
28 13 ............................................... FTEs 27.05
28 14 It is the intent of the general assembly that the Iowa law
28 15 enforcement academy may provide training of state and local
28 16 law enforcement personnel concerning the recognition of and
28 17 response to persons with Alzheimer's disease.
28 18 If Senate File 530 is enacted into law by the Seventy-
28 19 seventh General Assembly, 1998 Session, then the full-time
28 20 equivalent positions authorized in this subsection shall be
28 21 increased by 1.50 FTEs.
28 22 2. For salaries, support, maintenance, and miscellaneous
28 23 purposes to provide statewide coordination of the drug abuse
28 24 resistance education (D.A.R.E.) program:
28 25 ................................................. $ 80,000
28 26 3. The Iowa law enforcement academy may annually select at
28 27 least five automobiles of the department of public safety,
28 28 division of the Iowa state patrol, prior to turning over the
28 29 automobiles to the state vehicle dispatcher to be disposed of
28 30 by public auction and the Iowa law enforcement academy may
28 31 exchange any automobile owned by the academy for each
28 32 automobile selected if the selected automobile is used in
28 33 training law enforcement officers at the academy. However,
28 34 any automobile exchanged by the academy shall be substituted
28 35 for the selected vehicle of the department of public safety
29 1 and sold by public auction with the receipts being deposited
29 2 in the depreciation fund to the credit of the department of
29 3 public safety, division of the Iowa state patrol.
29 4 Sec. 17. BOARD OF PAROLE. There is appropriated from the
29 5 general fund of the state to the board of parole for the
29 6 fiscal year beginning July 1, 1998, and ending June 30, 1999,
29 7 the following amount, or so much thereof as is necessary, to
29 8 be used for the purposes designated:
29 9 For salaries, support, maintenance, including maintenance
29 10 of an automated docket and the board's automated risk
29 11 assessment model, employment of two statistical research
29 12 analysts to assist with the application of the risk assessment
29 13 model in the parole decision-making process, miscellaneous
29 14 purposes, and for not more than the following full-time
29 15 equivalent positions:
29 16 .................................................. $ 978,551
29 17 ............................................... FTEs 18.00
29 18 A portion of the funds appropriated in this section shall
29 19 be used to continue a pilot program for probation violations
29 20 in the sixth judicial district department of correctional
29 21 services. Data shall be maintained to evaluate the pilot
29 22 program.
29 23 Sec. 18. DEPARTMENT OF PUBLIC DEFENSE. There is
29 24 appropriated from the general fund of the state to the
29 25 department of public defense for the fiscal year beginning
29 26 July 1, 1998, and ending June 30, 1999, the following amounts,
29 27 or so much thereof as is necessary, to be used for the
29 28 purposes designated:
29 29 1. MILITARY DIVISION
29 30 For salaries, support, maintenance, miscellaneous purposes,
29 31 and for not more than the following full-time equivalent
29 32 positions:
29 33 .................................................. $ 4,446,396
29 34 ............................................... FTEs 231.76
29 35 Of the full-time equivalent positions (FTEs) appropriated
30 1 for in this subsection, 4.50 FTEs represent the transition of
30 2 personnel services contractors to full-time equivalent
30 3 position status. The merit system provisions of chapter 19A,
30 4 collective bargaining agreement provisions of chapter 20, and
30 5 the state and union collective bargaining agreements, as these
30 6 relate to the filling of positions, shall not govern movement
30 7 of these 4.50 FTEs into the full-time equivalent position
30 8 status during the period beginning July 1, 1998, and ending
30 9 August 31, 1998.
30 10 If there is a surplus in the general fund of the state for
30 11 the fiscal year ending June 30, 1999, within 60 days after the
30 12 close of the fiscal year, the military division may incur up
30 13 to an additional $500,000 in expenditures from the surplus
30 14 prior to transfer of the surplus pursuant to section 8.57.
30 15 2. EMERGENCY MANAGEMENT DIVISION
30 16 For salaries, support, maintenance, miscellaneous purposes,
30 17 and for not more than the following full-time equivalent
30 18 positions:
30 19 .................................................. $ 609,678
30 20 ............................................... FTEs 25.25
30 21 Of the full-time equivalent positions (FTEs) appropriated
30 22 for in this subsection, 10.00 FTEs represent the transition of
30 23 personnel services contractors to full-time equivalent
30 24 position status. The merit system provisions of chapter 19A,
30 25 collective bargaining agreement provisions of chapter 20, and
30 26 the state and union collective bargaining agreements, as these
30 27 relate to the filling of positions, shall not govern movement
30 28 of these 10.00 FTEs into the full-time equivalent position
30 29 status during the period beginning July 1, 1998, and ending
30 30 August 31, 1998.
30 31 If Senate File 530 is enacted into law by the Seventy-
30 32 seventh General Assembly, 1998 Session, then the full-time
30 33 equivalent positions authorized in this subsection shall be
30 34 increased by 2.00 FTEs.
30 35 In the event that the state and local assistance program
31 1 under the federal emergency management agency requires
31 2 additional matching state funds for participation by the
31 3 state, the department of management shall transfer to the
31 4 department of public defense, emergency management division,
31 5 in accordance with section 8.39, sufficient funds to meet the
31 6 additional matching funds requirement.
31 7 Sec. 19. DEPARTMENT OF PUBLIC SAFETY. There is
31 8 appropriated from the general fund of the state to the
31 9 department of public safety for the fiscal year beginning July
31 10 1, 1998, and ending June 30, 1999, the following amounts, or
31 11 so much thereof as is necessary, to be used for the purposes
31 12 designated:
31 13 1. For the department's administrative functions,
31 14 including the criminal justice information system, and for not
31 15 more than the following full-time equivalent positions:
31 16 .................................................. $ 2,391,481
31 17 ............................................... FTEs 38.80
31 18 2. For the division of criminal investigation and bureau
31 19 of identification including the state's contribution to the
31 20 peace officers' retirement, accident, and disability system
31 21 provided in chapter 97A in the amount of 17 percent of the
31 22 salaries for which the funds are appropriated, to meet federal
31 23 fund matching requirements, and for not more than the
31 24 following full-time equivalent positions:
31 25 .................................................. $ 11,519,456
31 26 ............................................... FTEs 219.00
31 27 Riverboat enforcement costs shall be billed in accordance
31 28 with section 99F.10, subsection 4. The costs shall be not
31 29 more than the department's estimated expenditures, including
31 30 salary adjustment, for riverboat enforcement for the fiscal
31 31 year.
31 32 The department of public safety, with the approval of the
31 33 department of management, may employ no more than two special
31 34 agents and four gaming enforcement officers for each
31 35 additional riverboat regulated after July 1, 1998, and one
32 1 special agent for each racing facility which becomes
32 2 operational during the fiscal year which begins July 1, 1998.
32 3 One additional gaming enforcement officer, up to a total of
32 4 four per boat, may be employed for each riverboat that has
32 5 extended operations to 24 hours and has not previously
32 6 operated with a 24-hour schedule. Positions authorized in
32 7 this paragraph are in addition to the full-time equivalent
32 8 positions authorized in this subsection.
32 9 3. a. For the division of narcotics enforcement,
32 10 including the state's contribution to the peace officers'
32 11 retirement, accident, and disability system provided in
32 12 chapter 97A in the amount of 17 percent of the salaries for
32 13 which the funds are appropriated, to meet federal fund
32 14 matching requirements, and for not more than the following
32 15 full-time equivalent positions:
32 16 .................................................. $ 2,790,316
32 17 ............................................... FTEs 46.00
32 18 b. For the division of narcotics enforcement for
32 19 undercover purchases:
32 20 .................................................. $ 139,202
32 21 4. For the state fire marshal's office, including the
32 22 state's contribution to the peace officers' retirement,
32 23 accident, and disability system provided in chapter 97A in the
32 24 amount of 17 percent of the salaries for which the funds are
32 25 appropriated, and for not more than the following full-time
32 26 equivalent positions:
32 27 .................................................. $ 1,569,459
32 28 ............................................... FTEs 31.80
32 29 5. For the capitol security division, including the
32 30 state's contribution to the peace officers' retirement,
32 31 accident, and disability system provided in chapter 97A in the
32 32 amount of 17 percent of the salaries for which the funds are
32 33 appropriated and for not more than the following full-time
32 34 equivalent positions:
32 35 .................................................. $ 1,297,452
33 1 ............................................... FTEs 27.00
33 2 6. For costs associated with the maintenance of the
33 3 automated fingerprint information system (AFIS):
33 4 .................................................. $ 244,930
33 5 7. An employee of the department of public safety who
33 6 retires after July 1, 1998, but prior to June 30, 1999, is
33 7 eligible for payment of life or health insurance premiums as
33 8 provided for in the collective bargaining agreement covering
33 9 the public safety bargaining unit at the time of retirement if
33 10 that employee previously served in a position which would have
33 11 been covered by the agreement. The employee shall be given
33 12 credit for the service in that prior position as though it
33 13 were covered by that agreement. The provisions of this
33 14 subsection shall not operate to reduce any retirement benefits
33 15 an employee may have earned under other collective bargaining
33 16 agreements or retirement programs.
33 17 8. For costs associated with the training and equipment
33 18 needs of volunteer fire fighters and for not more than the
33 19 following full-time equivalent positions:
33 20 .................................................. $ 709,405
33 21 ............................................... FTEs 0.50
33 22 Of the full-time equivalent positions (FTEs) appropriated
33 23 for in this subsection, .50 FTEs represent the transition of
33 24 personnel services contractors to full-time equivalent
33 25 position status. The merit system provisions of chapter 19A,
33 26 collective bargaining agreement provisions of chapter 20, and
33 27 the state and union collective bargaining agreements, as these
33 28 relate to the filling of positions, shall not govern movement
33 29 of these .50 FTEs into the full-time equivalent position
33 30 status during the period beginning July 1, 1998, and ending
33 31 August 31, 1998.
33 32 Notwithstanding section 8.33, moneys appropriated in this
33 33 subsection which remain unobligated or unexpended at the close
33 34 of the fiscal year shall not revert to the general fund of the
33 35 state but shall remain available only for the purpose
34 1 designated in this subsection in the succeeding fiscal year.
34 2 9. For the state medical examiner and for not more than
34 3 the following full-time equivalent positions:
34 4 .................................................. $ 354,703
34 5 ............................................... FTEs 4.00
34 6 Any fees collected by the department of public safety for
34 7 autopsies performed by the office of the state medical
34 8 examiner shall be deposited in the general fund of the state.
34 9 Sec. 20. HIGHWAY SAFETY PATROL FUND. There is
34 10 appropriated from the highway safety patrol fund created in
34 11 section 80.41 to the division of the Iowa state patrol of the
34 12 department of public safety, for the fiscal year beginning
34 13 July 1, 1998, and ending June 30, 1999, the following amounts,
34 14 or so much thereof as is necessary, to be used for the
34 15 purposes designated:
34 16 1. For salaries, support, maintenance, workers'
34 17 compensation costs, and miscellaneous purposes, including the
34 18 state's contribution to the peace officers' retirement,
34 19 accident, and disability system provided in chapter 97A in the
34 20 amount of 17 percent of the salaries for which the funds are
34 21 appropriated, and for not more than the following full-time
34 22 equivalent positions:
34 23 .................................................. $ 36,207,514
34 24 ............................................... FTEs 574.25
34 25 Of the full-time equivalent positions (FTEs) appropriated
34 26 for in this subsection, 6.25 FTEs represent the transition of
34 27 personnel services contractors to full-time equivalent
34 28 position status. The merit system provisions of chapter 19A,
34 29 collective bargaining agreement provisions of chapter 20, and
34 30 the state and union collective bargaining agreements, as these
34 31 relate to the filling of positions, shall not govern movement
34 32 of these 6.25 FTEs into the full-time equivalent position
34 33 status during the period beginning July 1, 1998, and ending
34 34 August 31, 1998.
34 35 It is the intent of the general assembly that, of the funds
35 1 appropriated in this subsection, the division shall expend the
35 2 amount necessary to provide the state match for the additional
35 3 state troopers hired through the federal community-oriented
35 4 policing services program and authorized pursuant to 1996 Iowa
35 5 Acts, chapter 1216, section 22. It is the intent of the
35 6 general assembly that once federal moneys for this program
35 7 end, the division shall present proposals to the governor and
35 8 the general assembly for continued funding of the state
35 9 troopers described in this paragraph and for consideration of
35 10 reducing the number of state troopers through attrition, by
35 11 the same number as the number of troopers added through the
35 12 federal program.
35 13 2. The division of the Iowa state patrol may expend an
35 14 amount proportional to the costs that are reimbursable from
35 15 the highway safety patrol fund created in section 80.41.
35 16 Spending for these costs may occur from any unappropriated
35 17 funds in the state treasury upon a finding by the department
35 18 of management that all of the amounts requested and approved
35 19 are reimbursable from the highway safety patrol fund. Upon
35 20 payment to the highway safety patrol fund, the division of the
35 21 Iowa state patrol shall credit the payments necessary to
35 22 reimburse the state treasury.
35 23 3. For payment to the department of personnel for expenses
35 24 incurred in administering the merit system on behalf of the
35 25 division of the Iowa state patrol:
35 26 .................................................. $ 22,098
35 27 Sec. 21. Section 89.4, Code 1997, is amended by adding the
35 28 following new subsection:
35 29 NEW SUBSECTION. 4. Jacketed direct or indirect fired
35 30 vessels built and installed in accordance with the American
35 31 Society of Mechanical Engineers Code, section VIII, division
35 32 1, appendix 19, shall not be considered boilers or power
35 33 boilers for purposes of this chapter and shall not be required
35 34 to meet the American Society of Mechanical Engineers standard
35 35 for controls and safety devices for automatically fired
36 1 boilers. However, jacketed direct or indirect fired vessels
36 2 as described in this subsection shall be subject to inspection
36 3 under section 89.3 as pressure vessels.
36 4 Sec. 22. 1997 Iowa Acts, chapter 205, section 4,
36 5 subsection 1, paragraph i, is amended to read as follows:
36 6 i. For the operation of the Fort Dodge correctional
36 7 facility, including salaries, support, maintenance, employment
36 8 of correctional officers, miscellaneous purposes, and for not
36 9 more than the following full-time equivalent positions:
36 10 .................................................. $ 9,540,122
36 11 ............................................... FTEs 149.00
36 12 Notwithstanding section 8.33, moneys appropriated in this
36 13 lettered paragraph which remain unobligated or unexpended at
36 14 the close of the fiscal year shall not revert to the general
36 15 fund of the state but shall remain available to the department
36 16 of corrections to be used for the reimbursement of operational
36 17 expenses of correctional facilities in which revenues recouped
36 18 from inmate earnings by a correctional facility are
36 19 insufficient to fully provide for the operational expenses of
36 20 the facility in the succeeding fiscal year.
36 21 Sec. 23. 1997 Iowa Acts, chapter 205, section 22, is
36 22 amended to read as follows:
36 23 SEC. 22. DEPARTMENT OF CORRECTIONS – FACILITY REMODELING
36 24 FUND. Notwithstanding sections 8.33, 8.39, and 602.8108A, the
36 25 department of corrections shall direct the treasurer of state
36 26 to transfer on June 30, 1997, $1,600,000 of the unused balance
36 27 of funds in the Iowa prison infrastructure fund created in
36 28 section 602.8108A, to a facility remodeling fund created in
36 29 the state treasury and under the control of the department of
36 30 corrections. Moneys in the facility remodeling fund shall be
36 31 used by the department solely for the purpose of remodeling a
36 32 structure in the fifth judicial district department of
36 33 correctional services for use as a residential facility.
36 34 Notwithstanding section 8.33, moneys transferred and
36 35 appropriated in this subsection which remain unobligated or
37 1 unexpended at the close of the fiscal year shall not revert to
37 2 the fund from which the moneys were transferred but shall
37 3 remain available only for the purpose designated in this
37 4 section in the succeeding fiscal year.
37 5 Sec. 24. COURT OF APPEALS – LOCATION. Notwithstanding
37 6 the provisions of section 602.5104, the court of appeals may,
37 7 commencing with the effective date of this section and ending
37 8 on June 30, 1999, meet at a location other than the seat of
37 9 state government and hold court sessions at a location other
37 10 than the courtroom of the supreme court at the statehouse.
37 11 Sec. 25. DEPARTMENT OF CORRECTIONS – PRISON
37 12 INFRASTRUCTURE FUND. Notwithstanding sections 8.33, 8.39, and
37 13 602.8108A, the department of corrections shall direct the
37 14 treasurer of state to transfer on June 30, 1998, $1,000,000 of
37 15 the unused balance of moneys in the Iowa prison infrastructure
37 16 fund created in section 602.8108A, to the department of
37 17 corrections to be used for the purposes designated:
37 18 1. For use as matching funding for federal violent
37 19 offender incarceration/truth in sentencing funds to construct
37 20 a 200-bed facility at Mitchellville:
37 21 .................................................. $ 600,000
37 22 2. For renovation of the power plant and improvements to
37 23 the water system at the Iowa correctional institution for
37 24 women:
37 25 .................................................. $ 100,000
37 26 3. For the installation of perimeter fencing at the Mt.
37 27 Pleasant correctional facility:
37 28 .................................................. $ 300,000
37 29 Sec. 26. SENTENCING STUDY – EXTENSION. The legislative
37 30 council is requested to extend through the 1998 interim the
37 31 authorization for the criminal sentencing interim study
37 32 committee established by the legislative council in 1997 so
37 33 that the interim committee can continue to review the
37 34 sentencing reform efforts in other states and consider whether
37 35 any of those reforms should be implemented in Iowa.
38 1 Sec. 27. PRIVATE INDUSTRY EMPLOYMENT OF INMATES STUDY.
38 2 The legislative council is requested to establish an interim
38 3 study committee concerning private industry employment of
38 4 inmates under the custody of the department of corrections.
38 5 The interim study shall include examination of the costs
38 6 associated with permitting private industry to lease building
38 7 space from the department of corrections for the employment of
38 8 inmates, the economic impact of private industry employment,
38 9 including the recoupment of inmate earnings, on the department
38 10 of corrections, the benefits of private industry employment
38 11 for inmates, and the effect of permitting private industry
38 12 employment of inmates on private sector industry and
38 13 employment.
38 14 Sec. 28. EFFECTIVE DATES.
38 15 1. Section 1, subsections 3 and 4, of this Act, relating
38 16 to Iowa competition law or antitrust actions and to civil
38 17 consumer fraud actions, being deemed of immediate importance,
38 18 take effect upon enactment.
38 19 2. Section 8 of this Act, relating to the encumbrance of
38 20 certain moneys appropriated to the department of corrections
38 21 for the fiscal year commencing July 1, 1997, being deemed of
38 22 immediate importance, takes effect upon enactment.
38 23 3. Section 21 of this Act, amending section 89.4, being
38 24 deemed of immediate importance, takes effect upon enactment.
38 25 4. Section 22 of this Act, concerning reversion of money
38 26 from the Fort Dodge correctional facility, being deemed of
38 27 immediate importance, takes effect upon enactment.
38 28 5. Section 23 of this Act, concerning the facility
38 29 remodeling fund, being deemed of immediate importance, takes
38 30 effect upon enactment.
38 31 6. Section 24 of this Act, concerning the Iowa court of
38 32 appeals, being deemed of immediate importance, takes effect
38 33 upon enactment.
38 34 7. Section 25 of this Act, concerning the prison
38 35 infrastructure fund, being deemed of immediate importance,
39 1 takes effect upon enactment.
39 2
39 3
39 4
39 5 RON J. CORBETT
39 6 Speaker of the House
39 7
39 8
39 9
39 10 MARY E. KRAMER
39 11 President of the Senate
39 12
39 13 I hereby certify that this bill originated in the House and
39 14 is known as House File 2539, Seventy-seventh General Assembly.
39 15
39 16
39 17
39 18 ELIZABETH ISAACSON
39 19 Chief Clerk of the House
39 20 Approved , 1998
39 21
39 22
39 23
39 24 TERRY E. BRANSTAD
39 25 Governor
Text: HF02538 Text: HF02540 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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