Text: HSB00700 Text: HSB00702 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. DEPARTMENT OF JUSTICE. There is appropriated 1 2 from the general fund of the state to the department of 1 3 justice for the fiscal year beginning July 1, 1998, and ending 1 4 June 30, 1999, the following amounts, or so much thereof as is 1 5 necessary, to be used for the purposes designated: 1 6 1. For the general office of attorney general for 1 7 salaries, support, maintenance, miscellaneous purposes 1 8 including odometer fraud enforcement, and for not more than 1 9 the following full-time equivalent positions: 1 10 .................................................. $ 7,524,661 1 11 ............................................... FTEs 182.50 1 12 2. For the prosecuting attorney training program for 1 13 salaries, support, maintenance, miscellaneous purposes, and 1 14 for not more than the following full-time equivalent 1 15 positions: 1 16 .................................................. $ 285,895 1 17 ............................................... FTEs 6.00 1 18 3. In addition to the funds appropriated in subsection 1, 1 19 there is appropriated from the general fund of the state to 1 20 the department of justice for the fiscal year beginning July 1 21 1, 1998, and ending June 30, 1999, an amount not exceeding 1 22 $200,000 to be used for the enforcement of the Iowa 1 23 competition law. The funds appropriated in this subsection 1 24 are contingent upon receipt by the general fund of the state 1 25 of an amount at least equal to the expenditure amount from 1 26 either damages awarded to the state or a political subdivision 1 27 of the state by a civil judgment under chapter 553, if the 1 28 judgment authorizes the use of the award for enforcement 1 29 purposes or costs or attorneys fees awarded the state in state 1 30 or federal antitrust actions. However, if the amounts 1 31 received as a result of these judgments are in excess of 1 32 $200,000, the excess amounts shall not be appropriated to the 1 33 department of justice pursuant to this subsection. 1 34 4. In addition to the funds appropriated in subsection 1, 1 35 there is appropriated from the general fund of the state to 2 1 the department of justice for the fiscal year beginning July 2 2 1, 1998, and ending June 30, 1999, an amount not exceeding 2 3 $150,000 to be used for public education relating to consumer 2 4 fraud and for enforcement of section 714.16, and an amount not 2 5 exceeding $75,000 for investigation, prosecution, and consumer 2 6 education relating to consumer and criminal fraud against 2 7 older Iowans. The funds appropriated in this subsection are 2 8 contingent upon receipt by the general fund of the state of an 2 9 amount at least equal to the expenditure amount from damages 2 10 awarded to the state or a political subdivision of the state 2 11 by a civil consumer fraud judgment or settlement, if the 2 12 judgment or settlement authorizes the use of the award for 2 13 public education on consumer fraud. However, if the funds 2 14 received as a result of these judgments and settlements are in 2 15 excess of $225,000, the excess funds shall not be appropriated 2 16 to the department of justice pursuant to this subsection. 2 17 5. For victim assistance grants: 2 18 .................................................. $ 1,759,806 2 19 a. The funds appropriated in this subsection shall be used 2 20 to provide grants to care providers providing services to 2 21 crime victims of domestic abuse or to crime victims of rape 2 22 and sexual assault. 2 23 b. Notwithstanding section 8.33 or 8.39, any balance 2 24 remaining from the appropriation in this subsection at the 2 25 close of the fiscal year shall not revert to the general fund 2 26 of the state but shall be available for expenditure during the 2 27 subsequent fiscal year for the same purpose, and shall not be 2 28 transferred to any other program. 2 29 6. For the GASA prosecuting attorney program and for not 2 30 more than the following full-time equivalent positions: 2 31 .................................................. $ 128,302 2 32 ............................................... FTEs 2.00 2 33 7. The balance of the victim compensation fund established 2 34 in section 912.14 may be used to provide salary and support of 2 35 not more than 16.00 FTEs and to provide maintenance for the 3 1 victim compensation functions of the department of justice. 3 2 8. The department of justice shall submit monthly 3 3 financial statements to the legislative fiscal bureau and the 3 4 department of management containing all appropriated accounts 3 5 in the same manner as provided in the monthly financial status 3 6 reports and personal services usage reports of the department 3 7 of revenue and finance. The monthly financial statements 3 8 shall include comparisons of the moneys and percentage spent 3 9 of budgeted to actual revenues and expenditures on a 3 10 cumulative basis for full-time equivalent positions and 3 11 available moneys. 3 12 9. a. The department of justice, in submitting budget 3 13 estimates for the fiscal year commencing July 1, 1999, 3 14 pursuant to section 8.23, shall include a report of funding 3 15 from sources other than amounts appropriated directly from the 3 16 general fund of the state to the department of justice or to 3 17 the office of consumer advocate. These funding sources shall 3 18 include, but are not limited to, reimbursements from other 3 19 state agencies, commissions, boards, or similar entities, and 3 20 reimbursements from special funds or internal accounts within 3 21 the department of justice. The department of justice shall 3 22 report actual reimbursements for the fiscal year commencing 3 23 July 1, 1997, and actual and expected reimbursements for the 3 24 fiscal year commencing July 1, 1998. 3 25 b. The department of justice shall include the report 3 26 required under paragraph "a", as well as information regarding 3 27 any revisions occurring as a result of reimbursements actually 3 28 received or expected at a later date, in a report to the co- 3 29 chairpersons and ranking members of the joint appropriations 3 30 subcommittee on the justice system and the legislative fiscal 3 31 bureau. The department of justice shall submit the report on 3 32 or before January 15, 1999. 3 33 10. For legal services for persons in poverty grants as 3 34 provided in section 13.34: 3 35 .................................................. $ 600,000 4 1 As a condition for accepting a grant funded pursuant to 4 2 this subsection, an organization receiving a grant shall 4 3 submit a report to the general assembly by January 1, 1999, 4 4 concerning the use of any grants received during the previous 4 5 fiscal year and efforts made by the organization to find 4 6 alternative sources of revenue to replace any reductions in 4 7 federal funding for the organization. 4 8 Sec. 2. DEPARTMENT OF JUSTICE – ENVIRONMENTAL CRIMES 4 9 INVESTIGATION AND PROSECUTION – FUNDING. There is 4 10 appropriated from the environmental crime fund of the 4 11 department of justice, consisting of court-ordered fines and 4 12 penalties awarded to the department arising out of the 4 13 prosecution of environmental crimes, to the department of 4 14 justice for the fiscal year beginning July 1, 1998, and ending 4 15 June 30, 1999, an amount not exceeding $20,000 to be used by 4 16 the department, at the discretion of the attorney general, for 4 17 the investigation and prosecution of environmental crimes, 4 18 including the reimbursement of expenses incurred by county, 4 19 municipal, and other local governmental agencies cooperating 4 20 with the department in the investigation and prosecution of 4 21 environmental crimes. 4 22 The funds appropriated in this section are contingent upon 4 23 receipt by the environmental crime fund of the department of 4 24 justice of an amount at least equal to the appropriations made 4 25 in this section and received from contributions, court-ordered 4 26 restitution as part of judgments in criminal cases, and 4 27 consent decrees entered into as part of civil or regulatory 4 28 enforcement actions. However, if the funds received during 4 29 the fiscal year are in excess of $20,000, the excess funds 4 30 shall be deposited in the general fund of the state. 4 31 Notwithstanding section 8.33, moneys appropriated in this 4 32 section which remain unexpended or unobligated at the close of 4 33 the fiscal year shall not revert to the environmental crime 4 34 fund but shall remain available for expenditure for the 4 35 designated purpose in the succeeding fiscal year. 5 1 Sec. 3. OFFICE OF CONSUMER ADVOCATE. There is 5 2 appropriated from the general fund of the state to the office 5 3 of consumer advocate of the department of justice for the 5 4 fiscal year beginning July 1, 1998, and ending June 30, 1999, 5 5 the following amount, or so much thereof as is necessary, to 5 6 be used for the purposes designated: 5 7 For salaries, support, maintenance, miscellaneous purposes, 5 8 and for not more than the following full-time equivalent 5 9 positions: 5 10 .................................................. $ 2,539,420 5 11 ............................................... FTEs 32.00 5 12 Sec. 4. DEPARTMENT OF CORRECTIONS – FACILITIES. There is 5 13 appropriated from the general fund of the state to the 5 14 department of corrections for the fiscal year beginning July 5 15 1, 1998, and ending June 30, 1999, the following amounts, or 5 16 so much thereof as is necessary, to be used for the purposes 5 17 designated: 5 18 1. For the operation of adult correctional institutions, 5 19 to be allocated as follows: 5 20 a. For the operation of the Fort Madison correctional 5 21 facility, including salaries, support, maintenance, employment 5 22 of correctional officers, miscellaneous purposes, and for not 5 23 more than the following full-time equivalent positions: 5 24 .................................................. $ 28,061,390 5 25 ............................................... FTEs 502.00 5 26 b. For the operation of the Anamosa correctional facility, 5 27 including salaries, support, maintenance, employment of 5 28 correctional officers and a part-time chaplain to provide 5 29 religious counseling to inmates of a minority race, 5 30 miscellaneous purposes, and for not more than the following 5 31 full-time equivalent positions: 5 32 .................................................. $ 22,525,866 5 33 ............................................... FTEs 392.75 5 34 Moneys are provided within this appropriation for two full- 5 35 time substance abuse counselors for the Luster Heights 6 1 facility, for the purpose of certification of a substance 6 2 abuse program at that facility. 6 3 c. For the operation of the Oakdale correctional facility, 6 4 including salaries, support, maintenance, employment of 6 5 correctional officers, miscellaneous purposes, and for not 6 6 more than the following full-time equivalent positions: 6 7 .................................................. $ 18,687,899 6 8 ............................................... FTEs 337.30 6 9 d. For the operation of the Newton correctional facility, 6 10 including salaries, support, maintenance, employment of 6 11 correctional officers, miscellaneous purposes, and for not 6 12 more than the following full-time equivalent positions: 6 13 .................................................. $ 20,712,946 6 14 ............................................... FTEs 375.75 6 15 e. For the operation of the Mt. Pleasant correctional 6 16 facility, including salaries, support, maintenance, employment 6 17 of correctional officers and a full-time chaplain to provide 6 18 religious counseling at the Oakdale and Mt. Pleasant 6 19 correctional facilities, miscellaneous purposes, and for not 6 20 more than the following full-time equivalent positions: 6 21 .................................................. $ 18,203,436 6 22 ............................................... FTEs 343.32 6 23 f. For the operation of the Rockwell City correctional 6 24 facility, including salaries, support, maintenance, employment 6 25 of correctional officers, miscellaneous purposes, and for not 6 26 more than the following full-time equivalent positions: 6 27 .................................................. $ 6,268,795 6 28 ............................................... FTEs 117.00 6 29 g. For the operation of the Clarinda correctional 6 30 facility, including salaries, support, maintenance, employment 6 31 of correctional officers, miscellaneous purposes, and for not 6 32 more than the following full-time equivalent positions: 6 33 .................................................. $ 16,545,960 6 34 ............................................... FTEs 269.00 6 35 Moneys received by the department of corrections as 7 1 reimbursement for services provided to the Clarinda youth 7 2 corporation are appropriated to the department and shall be 7 3 used for the purpose of operating the Clarinda correctional 7 4 facility. 7 5 h. For the operation of the Mitchellville correctional 7 6 facility, including salaries, support, maintenance, employment 7 7 of correctional officers, miscellaneous purposes, and for not 7 8 more than the following full-time equivalent positions: 7 9 .................................................. $ 7,712,391 7 10 ............................................... FTEs 150.00 7 11 i. For the operation of the Fort Dodge correctional 7 12 facility, including salaries, support, maintenance, employment 7 13 of correctional officers, miscellaneous purposes, and for not 7 14 more than the following full-time equivalent positions: 7 15 .................................................. $ 15,309,603 7 16 ............................................... FTEs 287.00 7 17 2. a. If the inmate tort claim fund for inmate claims of 7 18 less than $100 is exhausted during the fiscal year, sufficient 7 19 funds shall be transferred from the institutional budgets to 7 20 pay approved tort claims for the balance of the fiscal year. 7 21 The warden or superintendent of each institution or 7 22 correctional facility shall designate an employee to receive, 7 23 investigate, and recommend whether to pay any properly filed 7 24 inmate tort claim for less than the above amount. The 7 25 designee's recommendation shall be approved or denied by the 7 26 warden or superintendent and forwarded to the department of 7 27 corrections for final approval and payment. The amounts 7 28 appropriated to this fund pursuant to 1987 Iowa Acts, chapter 7 29 234, section 304, subsection 2, are not subject to reversion 7 30 under section 8.33. 7 31 b. Tort claims denied at the institution shall be 7 32 forwarded to the state appeal board for their consideration as 7 33 if originally filed with that body. This procedure shall be 7 34 used in lieu of chapter 669 for inmate tort claims of less 7 35 than $100. 8 1 3. It is the intent of the general assembly that the 8 2 department of corrections shall timely fill correctional 8 3 officer positions authorized for correctional facilities 8 4 pursuant to this section even if revenues recouped from inmate 8 5 earnings by a correctional facility are insufficient to fully 8 6 provide for the budgeted operational expenses of the facility. 8 7 Sec. 5. DEPARTMENT OF CORRECTIONS – ADMINISTRATION. 8 8 There is appropriated from the general fund of the state to 8 9 the department of corrections for the fiscal year beginning 8 10 July 1, 1998, and ending June 30, 1999, the following amounts, 8 11 or so much thereof as is necessary, to be used for the 8 12 purposes designated: 8 13 1. For general administration, including salaries, 8 14 support, maintenance, employment of an education director and 8 15 clerk to administer a centralized education program for the 8 16 correctional system, miscellaneous purposes, and for not more 8 17 than the following full-time equivalent positions: 8 18 .................................................. $ 2,196,213 8 19 ............................................... FTEs 37.18 8 20 The department shall monitor the use of the classification 8 21 model by the judicial district departments of correctional 8 22 services and has the authority to override a district 8 23 department's decision regarding classification of community- 8 24 based clients. The department shall notify a district 8 25 department of the reasons for the override. 8 26 It is the intent of the general assembly that as a 8 27 condition of receiving the appropriation provided in this 8 28 subsection, the department of corrections shall not enter into 8 29 a new contract, unless the contract is a renewal of an 8 30 existing contract, for the expenditure of moneys in excess of 8 31 $100,000 during the fiscal year beginning July 1, 1998, for 8 32 the privatization of services performed by the department 8 33 using state employees as of July 1, 1998, or for the 8 34 privatization of new services by the department, without prior 8 35 consultation with any applicable state employee organization 9 1 affected by the proposed new contract and prior notification 9 2 of the co-chairpersons and ranking members of the joint 9 3 appropriations subcommittee on the justice system. 9 4 The department of general services shall, notwithstanding 9 5 any provisions of law or rule to the contrary, permit the 9 6 department of corrections the opportunity to acquire, at no 9 7 cost, computers that would otherwise be disposed of by the 9 8 department of general services. The department of corrections 9 9 shall use computers acquired under this paragraph to provide 9 10 educational training and programs for inmates. 9 11 It is the intent of the general assembly that each lease 9 12 negotiated by the department of corrections with a private 9 13 corporation for the purpose of providing private industry 9 14 employment of inmates in a correctional institution shall 9 15 prohibit the private corporation from utilizing inmate labor 9 16 for partisan political purposes for any person seeking 9 17 election to public office in this state and that a violation 9 18 of this requirement shall result in a termination of the lease 9 19 agreement. 9 20 2. For reimbursement of counties for temporary confinement 9 21 of work release and parole violators, as provided in sections 9 22 901.7, 904.908, and 906.17 and for offenders confined pursuant 9 23 to section 904.513: 9 24 .................................................. $ 524,038 9 25 3. For federal prison reimbursement, reimbursements for 9 26 out-of-state placements, and miscellaneous contracts: 9 27 .................................................. $ 341,334 9 28 The department of corrections shall use funds appropriated 9 29 in this subsection to continue to contract for the services of 9 30 a Muslim imam. 9 31 4. For salaries, support, maintenance, miscellaneous 9 32 purposes, and for not more than the following full-time 9 33 equivalent positions at the correctional training center at 9 34 Mt. Pleasant: 9 35 .................................................. $ 471,689 10 1 ............................................... FTEs 8.16 10 2 5. For hormonal treatment for sex offenders: 10 3 .................................................. $ 500,000 10 4 6. For annual payment relating to the financial 10 5 arrangement for the construction of expansion in prison 10 6 capacity as provided in 1990 Iowa Acts, chapter 1257, section 10 7 24: 10 8 .................................................. $ 3,185,265 10 9 7. For educational programs for inmates at state penal 10 10 institutions: 10 11 .................................................. $ 2,950,600 10 12 It is the intent of the general assembly that moneys 10 13 appropriated in this subsection shall be used solely for the 10 14 purpose indicated and that the moneys shall not be transferred 10 15 for any other purpose. In addition, it is the intent of the 10 16 general assembly that the department shall consult with the 10 17 community colleges in the areas in which the institutions are 10 18 located to utilize moneys appropriated in this subsection to 10 19 fund the high school completion, high school equivalency 10 20 diploma, adult literacy, and adult basic education programs in 10 21 a manner so as to maintain these programs at the institutions. 10 22 To maximize the funding for educational programs, the 10 23 department shall establish guidelines and procedures to 10 24 prioritize the availability of educational and vocational 10 25 training for inmates based upon the goal of facilitating an 10 26 inmate's successful release from the correctional institution. 10 27 Notwithstanding section 8.33, moneys appropriated in this 10 28 subsection which remain unobligated or unexpended at the close 10 29 of the fiscal year shall not revert to the general fund of the 10 30 state but shall remain available to be used only for the 10 31 purposes designated in this subsection in the succeeding 10 32 fiscal year. 10 33 8. The department of corrections shall submit a report to 10 34 the general assembly on January 1, 1999, concerning progress 10 35 made in implementing the requirements of section 904.701, 11 1 concerning hard labor by inmates. 11 2 9. The department of corrections shall study and consider 11 3 the implementation of a computer database to provide inmate 11 4 case management and offender profiling to better identify, 11 5 track, and assist inmates of the correctional institutions. 11 6 10. It is the intent of the general assembly that the 11 7 department of corrections connect all of its correctional 11 8 facilities to the Iowa communications network (ICN). 11 9 11. Except as otherwise provided in subsection 12, it is 11 10 the intent of the general assembly that the department of 11 11 corrections shall continue to operate the correctional farms 11 12 under the control of the department at the same or greater 11 13 level of participation and involvement as existed as of 11 14 January 1, 1998, and shall further attempt to provide 11 15 meaningful job opportunities at the farms for inmates. 11 16 12. It is the intent of the general assembly that the 11 17 department of corrections cease all cattle operations on land 11 18 at the Glenwood state hospital-school by July 1, 1998, and 11 19 that the department of corrections shall be prohibited from 11 20 entering into any lease or other contractual agreement with 11 21 any person concerning the use of the land specifically used 11 22 for cattle operations once cattle operations on that land have 11 23 ceased pursuant to this subsection. 11 24 13. It is the intent of the general assembly that each 11 25 correctional facility under the control of the department of 11 26 corrections with at least one hundred acres of agricultural 11 27 land shall establish an agribusiness advisory council to 11 28 provide technical advice and assistance to the correctional 11 29 facility concerning agricultural-related work activities for 11 30 inmates at the correctional facility if such activities occur 11 31 at the facility. The agribusiness advisory council shall 11 32 consist of three persons involved in agriculture who reside in 11 33 the county in which the correctional facility is located and 11 34 who shall be selected by the county agricultural extension 11 35 council of the county agricultural extension district in that 12 1 county. Each agribusiness advisory council may submit a 12 2 report concerning the activities of the council, to include 12 3 any proposals or recommendations of the council, to the 12 4 department of corrections and the department of corrections 12 5 shall compile any reports received during the previous 12 6 calendar year and submit a report based on any reports 12 7 received to the general assembly by January 8, 1999. 12 8 14. The department of corrections shall submit a report to 12 9 the general assembly by January 1, 1999, concerning moneys 12 10 deposited in, and expended from, each inmate telephone rebate 12 11 fund established by a correctional institution pursuant to 12 12 section 904.508A, during the fiscal year beginning July 1, 12 13 1997. In addition, each correctional institution that has 12 14 established an inmate telephone rebate fund shall submit a 12 15 report to the legislative fiscal bureau on a quarterly basis, 12 16 commencing July 1, 1998, concerning the moneys deposited in 12 17 the fund and expended from the fund during the previous 12 18 calendar quarter. 12 19 15. The department of corrections shall submit a report to 12 20 the general assembly by January 1, 1999, concerning moneys 12 21 recouped from inmate earnings for the reimbursement of 12 22 operational expenses of the applicable facility during the 12 23 fiscal year beginning July 1, 1997, for each correctional 12 24 institution and judicial district department of correctional 12 25 services. In addition, each correctional institution and 12 26 judicial district department of correctional services shall 12 27 submit a report to the legislative fiscal bureau on a monthly 12 28 basis, commencing July 1, 1998, concerning moneys recouped 12 29 from inmate earnings for the reimbursement of operational 12 30 expenses for each correctional institution and district 12 31 department during the previous calendar month. 12 32 Sec. 6. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 12 33 SERVICES. 12 34 1. There is appropriated from the general fund of the 12 35 state to the department of corrections for the fiscal year 13 1 beginning July 1, 1998, and ending June 30, 1999, the 13 2 following amounts, or so much thereof as is necessary, to be 13 3 allocated as follows: 13 4 a. For the first judicial district department of 13 5 correctional services, including the treatment and supervision 13 6 of probation and parole violators who have been released from 13 7 the department of corrections violator program, the following 13 8 amount, or so much thereof as is necessary: 13 9 .................................................. $ 7,576,323 13 10 (1) The district department shall continue the intensive 13 11 supervision program established within the district in 1988 13 12 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 13 13 "a", and the sex offender treatment program established within 13 14 the district in 1989 Iowa Acts, chapter 316, section 8, 13 15 subsection 1, paragraph "a". 13 16 (2) The district department, in cooperation with the chief 13 17 judge of the judicial district, shall continue the 13 18 implementation of a plan to divert low-risk offenders to the 13 19 least restrictive sanction available. 13 20 b. For the second judicial district department of 13 21 correctional services, including the treatment and supervision 13 22 of probation and parole violators who have been released from 13 23 the department of corrections violator program, the following 13 24 amount, or so much thereof as is necessary: 13 25 .................................................. $ 6,021,136 13 26 (1) The district department shall continue the sex 13 27 offender treatment program established within the district in 13 28 1988 Iowa Acts, chapter 1271, section 6, subsection 1, 13 29 paragraph "b". 13 30 (2) The district department, in cooperation with the chief 13 31 judge of the judicial district, shall continue the 13 32 implementation of a plan to divert low-risk offenders to the 13 33 least restrictive sanction available. 13 34 c. For the third judicial district department of 13 35 correctional services, including the treatment and supervision 14 1 of probation and parole violators who have been released from 14 2 the department of corrections violator program, the following 14 3 amount, or so much thereof as is necessary: 14 4 .................................................. $ 3,659,888 14 5 (1) The district department shall continue the sex 14 6 offender treatment program established within the district in 14 7 1988 Iowa Acts, chapter 1271, section 6, subsection 1, 14 8 paragraph "c", and the intensive supervision program 14 9 established within the district in 1990 Iowa Acts, chapter 14 10 1268, section 6, subsection 3, paragraph "d". 14 11 (2) The district department, in cooperation with the chief 14 12 judge of the judicial district, shall continue the 14 13 implementation of a plan to divert low-risk offenders to the 14 14 least restrictive sanction available. 14 15 d. For the fourth judicial district department of 14 16 correctional services, including the treatment and supervision 14 17 of probation and parole violators who have been released from 14 18 the department of corrections violator program, the following 14 19 amount, or so much thereof as is necessary: 14 20 .................................................. $ 2,788,959 14 21 (1) The district department shall continue the sex 14 22 offender treatment program established within the district in 14 23 1988 Iowa Acts, chapter 1271, section 6, subsection 1, 14 24 paragraph "d". 14 25 (2) The district department, in cooperation with the chief 14 26 judge of the judicial district, shall continue the 14 27 implementation of a plan to divert low-risk offenders to the 14 28 least restrictive sanction available. 14 29 e. For the fifth judicial district department of 14 30 correctional services, including the treatment and supervision 14 31 of probation and parole violators who have been released from 14 32 the department of corrections violator program, the following 14 33 amount, or so much thereof as is necessary: 14 34 .................................................. $ 10,756,056 14 35 (1) The district department shall continue the intensive 15 1 supervision program established within the district in 1988 15 2 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 15 3 "e", and shall continue to provide for the rental of 15 4 electronic monitoring equipment. 15 5 (2) The district department, in cooperation with the chief 15 6 judge of the judicial district, shall continue the 15 7 implementation of a plan to divert low-risk offenders to the 15 8 least restrictive sanction available. 15 9 f. For the sixth judicial district department of 15 10 correctional services, including the treatment and supervision 15 11 of probation and parole violators who have been released from 15 12 the department of corrections violator program, the following 15 13 amount, or so much thereof as is necessary: 15 14 .................................................. $ 7,784,320 15 15 (1) The district department shall continue the intensive 15 16 supervision program established within the district in 1988 15 17 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 15 18 "f", and the sex offender treatment program established within 15 19 the district in 1989 Iowa Acts, chapter 316, section 8, 15 20 subsection 1, paragraph "f". 15 21 (2) The district department, in cooperation with the chief 15 22 judge of the judicial district, shall continue the 15 23 implementation of a plan to divert low-risk offenders to the 15 24 least restrictive sanction available. 15 25 (3) The district department shall continue the 15 26 implementation of a plan providing for the expanded use of 15 27 intermediate criminal sanctions, as provided in 1993 Iowa 15 28 Acts, chapter 171, section 6, subsection 1, paragraph "f", 15 29 subparagraph (3). 15 30 g. For the seventh judicial district department of 15 31 correctional services, including the treatment and supervision 15 32 of probation and parole violators who have been released from 15 33 the department of corrections violator program, the following 15 34 amount, or so much thereof as is necessary: 15 35 .................................................. $ 4,799,057 16 1 (1) The district department shall continue the intensive 16 2 supervision program established within the district in 1988 16 3 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 16 4 "g", and shall continue the sex offender treatment program 16 5 established within the district in 1989 Iowa Acts, chapter 16 6 316, section 8, subsection 1, paragraph "g". 16 7 (2) The district department shall continue the job 16 8 development program established within the district in 1990 16 9 Iowa Acts, chapter 1268, section 6, subsection 7, paragraph 16 10 "e". 16 11 (3) The district department, in cooperation with the chief 16 12 judge of the judicial district, shall continue the 16 13 implementation of a plan to divert low-risk offenders to the 16 14 least restrictive sanction available. 16 15 h. For the eighth judicial district department of 16 16 correctional services, including the treatment and supervision 16 17 of probation and parole violators who have been released from 16 18 the department of corrections violator program, the following 16 19 amount, or so much thereof as is necessary: 16 20 .................................................. $ 4,485,253 16 21 (1) The district department shall continue the intensive 16 22 supervision program established within the district in 1988 16 23 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 16 24 "h", and shall continue the sex offender treatment program 16 25 established within the district in 1989 Iowa Acts, chapter 16 26 316, section 8, subsection 1, paragraph "h". 16 27 (2) The district department, in cooperation with the chief 16 28 judge of the judicial district, shall continue the 16 29 implementation of a plan to divert low-risk offenders to the 16 30 least restrictive sanction available. 16 31 i. For the department of corrections for the assistance 16 32 and support of each judicial district department of 16 33 correctional services, the following amount, or so much 16 34 thereof as is necessary: 16 35 .................................................. $ 83,576 17 1 2. The department of corrections shall continue to 17 2 contract with a judicial district department of correctional 17 3 services to provide for the rental of electronic monitoring 17 4 equipment which shall be available statewide. 17 5 3. Each judicial district department of correctional 17 6 services and the department of corrections shall continue the 17 7 treatment alternatives to street crime programs established in 17 8 1989 Iowa Acts, chapter 225, section 9. 17 9 4. The governor's alliance on substance abuse shall 17 10 consider federal grants made to the department of corrections 17 11 for the benefit of each of the eight judicial district 17 12 departments of correctional services as local government 17 13 grants, as defined pursuant to federal regulations. 17 14 5. Each judicial district department of correctional 17 15 services shall provide a report concerning the treatment and 17 16 supervision of probation and parole violators who have been 17 17 released from the department of corrections violator program, 17 18 to the co-chairpersons and ranking members of the joint 17 19 appropriations subcommittee on the justice system and the 17 20 legislative fiscal bureau, on or before January 15, 1999. 17 21 6. In addition to the requirements of section 8.39, the 17 22 department of corrections shall not make an intradepartmental 17 23 transfer of moneys appropriated to the department, unless 17 24 notice of the intradepartmental transfer is given prior to its 17 25 effective date to the legislative fiscal bureau. The notice 17 26 shall include information on the department's rationale for 17 27 making the transfer and details concerning the work load and 17 28 performance measures upon which the transfers are based. 17 29 7. Each judicial district department of correctional 17 30 services shall submit a report to the general assembly by 17 31 January 8, 1999, concerning what action, if any, the district 17 32 department has taken in order to implement, or not implement, 17 33 an intermediate criminal sanctions program as provided by 17 34 section 901B.1. If the district department has implemented 17 35 such a program, the report shall include information as to the 18 1 effectiveness of the program. 18 2 Sec. 7. CORRECTIONAL INSTITUTIONS – VOCATIONAL TRAINING. 18 3 1. The state prison industries board and the department of 18 4 corrections shall continue the implementation of a plan to 18 5 enhance vocational training opportunities within the 18 6 correctional institutions listed in section 904.102, as 18 7 provided in 1993 Iowa Acts, chapter 171, section 12. The plan 18 8 shall provide for increased vocational training opportunities 18 9 within the correctional institutions, including the 18 10 possibility of approving community college credit for inmates 18 11 working in prison industries. The department of corrections 18 12 shall provide a report concerning the implementation of the 18 13 plan to the co-chairpersons and ranking members of the joint 18 14 appropriations subcommittee on the justice system and the 18 15 legislative fiscal bureau, on or before January 15, 1999. 18 16 2. It is the intent of the general assembly that each 18 17 correctional facility make all reasonable efforts to maintain 18 18 vocational education programs for inmates and to identify 18 19 available funding sources to continue these programs. The 18 20 department of corrections shall submit a report to the general 18 21 assembly by January 1, 1999, concerning the efforts made by 18 22 each correctional facility in maintaining vocational education 18 23 programs for inmates. 18 24 Sec. 8. APPROPRIATIONS TO THE DEPARTMENT OF CORRECTIONS – 18 25 MONEYS ENCUMBERED – PRIORITIES. 18 26 1. Notwithstanding any other provision of law to the 18 27 contrary, moneys appropriated to the department of corrections 18 28 pursuant to 1997 Iowa Acts, chapter 205, sections 4, 5, and 6, 18 29 shall be considered encumbered pursuant to section 8.33, and 18 30 shall not revert to the general fund of the state following 18 31 the close of the fiscal year commencing July 1, 1997. As used 18 32 in this section, unless the context otherwise requires, 18 33 "encumbered funds" means the moneys appropriated to the 18 34 department of corrections pursuant to 1997 Iowa Acts, chapter 18 35 205, sections 4, 5, and 6, which would otherwise revert to the 19 1 general fund of the state following the close of the fiscal 19 2 year in which the moneys were appropriated, but for the 19 3 prohibition contained in this section. 19 4 2. The department of corrections shall use encumbered 19 5 funds in the fiscal year commencing July 1, 1998, to fund up 19 6 to an additional 50.00 FTEs for the employment of correctional 19 7 officers in the correctional institutions specified in section 19 8 904.102, and to purchase surveillance cameras and other 19 9 necessary surveillance or safety equipment for use in 19 10 correctional institutions. The full-time equivalent positions 19 11 authorized in this section for the employment of correctional 19 12 officers and the funding provided for the purchase of 19 13 equipment are in addition to any full-time equivalent 19 14 positions authorized or equipment funded in section 4 of this 19 15 Act, providing appropriations for department of corrections 19 16 facilities. The department of corrections shall use its 19 17 discretion in distributing the additional correctional 19 18 officers and equipment throughout the correctional facilities. 19 19 The department of corrections shall file a report with the 19 20 department of management concerning correctional officer 19 21 positions filled and critically needed safety equipment 19 22 purchased from encumbered funds provided under this section. 19 23 If the department is able to fund an additional 50.00 FTEs for 19 24 the employment of correctional officers pursuant to this 19 25 section and to purchase all critically needed safety 19 26 equipment, any remaining funds shall be unencumbered and shall 19 27 revert to the general fund of the state at the close of the 19 28 fiscal year commencing July 1, 1998. 19 29 Sec. 9. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 19 30 1. As used in this section, unless the context otherwise 19 31 requires, "state agency" means the government of the state of 19 32 Iowa, including but not limited to all executive departments, 19 33 agencies, boards, bureaus, and commissions, the judicial 19 34 department, the general assembly and all legislative agencies, 19 35 institutions within the purview of the state board of regents, 20 1 and any corporation whose primary function is to act as an 20 2 instrumentality of the state. 20 3 2. State agencies are hereby encouraged to purchase 20 4 products from Iowa state industries, as defined in section 20 5 904.802, when purchases are required and the products are 20 6 available from Iowa state industries. 20 7 3. State agencies shall submit to the legislative fiscal 20 8 bureau by January 15, 1999, a report of the dollar value of 20 9 products and services purchased from Iowa state industries by 20 10 the state agency during the fiscal year beginning July 1, 20 11 1997, and ending June 30, 1998. 20 12 Sec. 10. STATE PUBLIC DEFENDER. There is appropriated 20 13 from the general fund of the state to the office of the state 20 14 public defender of the department of inspections and appeals 20 15 for the fiscal year beginning July 1, 1998, and ending June 20 16 30, 1999, the following amount, or so much thereof as is 20 17 necessary, for the purposes designated: 20 18 .................................................. $ 33,680,785 20 19 The funds appropriated and full-time equivalent positions 20 20 authorized in this section are allocated as follows: 20 21 1. For salaries, support, maintenance, and miscellaneous 20 22 purposes, and for not more than the following full-time 20 23 equivalent positions: 20 24 .................................................. $ 12,768,496 20 25 ............................................... FTEs 199.00 20 26 2. For the fees of court-appointed attorneys for indigent 20 27 adults and juveniles, in accordance with section 232.141 and 20 28 chapter 815: 20 29 .................................................. $ 20,912,289 20 30 Sec. 11. JUDICIAL DEPARTMENT. There is appropriated from 20 31 the general fund of the state to the judicial department for 20 32 the fiscal year beginning July 1, 1998, and ending June 30, 20 33 1999, the following amounts, or so much thereof as is 20 34 necessary, to be used for the purposes designated: 20 35 1. For salaries of supreme court justices, appellate court 21 1 judges, district court judges, district associate judges, 21 2 judicial magistrates and staff, state court administrator, 21 3 clerk of the supreme court, district court administrators, 21 4 clerks of the district court, juvenile court officers, board 21 5 of law examiners and board of examiners of shorthand reporters 21 6 and judicial qualifications commission, receipt and 21 7 disbursement of child support payments, reimbursement of the 21 8 auditor of state for expenses incurred in completing audits of 21 9 the offices of the clerks of the district court during the 21 10 fiscal year beginning July 1, 1998, and maintenance, 21 11 equipment, and miscellaneous purposes: 21 12 .................................................. $101,068,908 21 13 a. The judicial department, except for purposes of 21 14 internal processing, shall use the current state budget 21 15 system, the state payroll system, and the Iowa finance and 21 16 accounting system in administration of programs and payments 21 17 for services, and shall not duplicate the state payroll, 21 18 accounting, and budgeting systems. 21 19 b. The judicial department shall submit monthly financial 21 20 statements to the legislative fiscal bureau and the department 21 21 of management containing all appropriated accounts in the same 21 22 manner as provided in the monthly financial status reports and 21 23 personal services usage reports of the department of revenue 21 24 and finance. The monthly financial statements shall include a 21 25 comparison of the dollars and percentage spent of budgeted 21 26 versus actual revenues and expenditures on a cumulative basis 21 27 for full-time equivalent positions and dollars. 21 28 c. Of the funds appropriated in this subsection, not more 21 29 than $1,897,728 may be transferred into the revolving fund 21 30 established pursuant to section 602.1302, subsection 3, to be 21 31 used for the payment of jury and witness fees and mileage. 21 32 d. The judicial department shall focus efforts upon the 21 33 collection of delinquent fines, penalties, court costs, fees, 21 34 surcharges, or similar amounts. 21 35 e. It is the intent of the general assembly that the 22 1 offices of the clerks of the district court operate in all 22 2 ninety-nine counties and be accessible to the public as much 22 3 as is reasonably possible in order to address the relative 22 4 needs of the citizens of each county. 22 5 f. In addition to the requirements for transfers under 22 6 section 8.39, the judicial department shall not change the 22 7 appropriations from the amounts appropriated to the department 22 8 in this Act, unless notice of the revisions is given prior to 22 9 their effective date to the legislative fiscal bureau. The 22 10 notice shall include information on the department's rationale 22 11 for making the changes and details concerning the work load 22 12 and performance measures upon which the changes are based. 22 13 g. The judicial department shall provide a report 22 14 semiannually to the co-chairpersons and ranking members of the 22 15 joint appropriations subcommittee on the justice system and to 22 16 the legislative fiscal bureau specifying the amounts of fines, 22 17 surcharges, and court costs collected using the Iowa court 22 18 information system. The report shall demonstrate and specify 22 19 how the Iowa court information system is used to improve the 22 20 collection process. 22 21 h. The judicial department shall provide a report to the 22 22 general assembly by January 1, 1999, concerning the amounts 22 23 received and expended from the enhanced court collections fund 22 24 created in section 602.1304 and the court technology and 22 25 modernization fund created in section 602.8108, subsection 4, 22 26 during the fiscal year beginning July 1, 1997, and ending June 22 27 30, 1998, and the plans for expenditures from each fund during 22 28 the fiscal year beginning July 1, 1998, and ending June 30, 22 29 1999. 22 30 2. For the juvenile victim restitution program: 22 31 .................................................. $ 183,471 22 32 Sec. 12. ENHANCED COURT COLLECTIONS FUND. Notwithstanding 22 33 section 602.1304, subsection 2, for the fiscal year beginning 22 34 July 1, 1998, and ending June 30, 1999, the maximum deposit 22 35 amount for the enhanced court collections fund shall be 23 1 $6,000,000. For succeeding fiscal years, the maximum deposit 23 2 amount shall be determined in accordance with section 23 3 602.1304, subsection 2, and the maximum deposit amount shall 23 4 not be increased due to the increase made in this section. 23 5 Sec. 13. JUDICIAL RETIREMENT FUND. There is appropriated 23 6 from the general fund of the state to the judicial retirement 23 7 fund for the fiscal year beginning July 1, 1998, and ending 23 8 June 30, 1999, the following amount, or so much thereof as is 23 9 necessary, to be used for the purpose designated: 23 10 For the state's contribution to the judicial retirement 23 11 fund established in section 602.9104, in the amount of 23.7 23 12 percent of the basic salaries of the judges covered under 23 13 chapter 602, article 9: 23 14 .................................................. $ 3,944,059 23 15 Sec. 14. INDIGENT DEFENSE COSTS. The supreme court shall 23 16 submit a written report for the preceding fiscal year no later 23 17 than January 1, 1999, indicating the amounts collected 23 18 pursuant to section 815.9A, relating to recovery of indigent 23 19 defense costs. The report shall include the total amount 23 20 collected by all courts, as well as the amounts collected by 23 21 each judicial district. The supreme court shall also submit a 23 22 written report quarterly indicating the number of criminal and 23 23 juvenile filings which occur in each judicial district for 23 24 purposes of estimating indigent defense costs. A copy of each 23 25 report shall be provided to the public defender, the 23 26 department of management, and the legislative fiscal bureau. 23 27 The judicial department shall continue to assist in the 23 28 development of an automated data system for use in the sharing 23 29 of information utilizing the generic program interface for 23 30 legislative and executive branch uses. 23 31 Sec. 15. AUTOMATED DATA SYSTEM. The department of 23 32 corrections, judicial district departments of correctional 23 33 services, board of parole, and the judicial department shall 23 34 continue to develop an automated data system for use in the 23 35 sharing of information between the department of corrections, 24 1 judicial district departments of correctional services, board 24 2 of parole, and the judicial department. The information to be 24 3 shared shall concern any individual who may, as the result of 24 4 an arrest or infraction of any law, be subject to the 24 5 jurisdiction of the department of corrections, judicial 24 6 district departments of correctional services, or board of 24 7 parole. The department of corrections, in consultation and 24 8 cooperation with the judicial district departments of 24 9 correctional services, the board of parole, and the judicial 24 10 department, shall provide a report concerning the development 24 11 of the automated data system to the co-chairpersons and 24 12 ranking members of the joint appropriations subcommittee on 24 13 the justice system and the legislative fiscal bureau, on or 24 14 before January 15, 1999. 24 15 Sec. 16. IOWA LAW ENFORCEMENT ACADEMY. There is 24 16 appropriated from the general fund of the state to the Iowa 24 17 law enforcement academy for the fiscal year beginning July 1, 24 18 1998, and ending June 30, 1999, the following amounts, or so 24 19 much thereof as is necessary, to be used for the purposes 24 20 designated: 24 21 1. For salaries, support, maintenance, miscellaneous 24 22 purposes, including jailer training and technical assistance, 24 23 and for not more than the following full-time equivalent 24 24 positions: 24 25 .................................................. $ 1,199,978 24 26 ............................................... FTEs 27.05 24 27 It is the intent of the general assembly that the Iowa law 24 28 enforcement academy may provide training of state and local 24 29 law enforcement personnel concerning the recognition of and 24 30 response to persons with Alzheimer's disease. 24 31 If Senate File 530 is enacted into law by the Seventy- 24 32 seventh General Assembly, 1998 Session, then the full-time 24 33 equivalent positions authorized in this subsection shall be 24 34 increased by 1.50 FTEs. 24 35 2. For salaries, support, maintenance, and miscellaneous 25 1 purposes to provide statewide coordination of the drug abuse 25 2 resistance education (D.A.R.E.) program: 25 3 .................................................. $ 30,000 25 4 3. The Iowa law enforcement academy may annually select at 25 5 least five automobiles of the department of public safety, 25 6 division of the Iowa state patrol, prior to turning over the 25 7 automobiles to the state vehicle dispatcher to be disposed of 25 8 by public auction and the Iowa law enforcement academy may 25 9 exchange any automobile owned by the academy for each 25 10 automobile selected if the selected automobile is used in 25 11 training law enforcement officers at the academy. However, 25 12 any automobile exchanged by the academy shall be substituted 25 13 for the selected vehicle of the department of public safety 25 14 and sold by public auction with the receipts being deposited 25 15 in the depreciation fund to the credit of the department of 25 16 public safety, division of the Iowa state patrol. 25 17 Sec. 17. BOARD OF PAROLE. There is appropriated from the 25 18 general fund of the state to the board of parole for the 25 19 fiscal year beginning July 1, 1998, and ending June 30, 1999, 25 20 the following amount, or so much thereof as is necessary, to 25 21 be used for the purposes designated: 25 22 For salaries, support, maintenance, including maintenance 25 23 of an automated docket and the board's automated risk 25 24 assessment model, employment of two statistical research 25 25 analysts to assist with the application of the risk assessment 25 26 model in the parole decision-making process, miscellaneous 25 27 purposes, and for not more than the following full-time 25 28 equivalent positions: 25 29 .................................................. $ 986,022 25 30 ............................................... FTEs 18.00 25 31 A portion of the funds appropriated in this section shall 25 32 be used to continue a pilot program for probation violations 25 33 in the sixth judicial district department of correctional 25 34 services. Data shall be maintained to evaluate the pilot 25 35 program. 26 1 Sec. 18. DEPARTMENT OF PUBLIC DEFENSE. There is 26 2 appropriated from the general fund of the state to the 26 3 department of public defense for the fiscal year beginning 26 4 July 1, 1998, and ending June 30, 1999, the following amounts, 26 5 or so much thereof as is necessary, to be used for the 26 6 purposes designated: 26 7 1. MILITARY DIVISION 26 8 For salaries, support, maintenance, miscellaneous purposes, 26 9 and for not more than the following full-time equivalent 26 10 positions: 26 11 .................................................. $ 4,446,396 26 12 ............................................... FTEs 227.26 26 13 If there is a surplus in the general fund of the state for 26 14 the fiscal year ending June 30, 1999, within 60 days after the 26 15 close of the fiscal year, the military division may incur up 26 16 to an additional $500,000 in expenditures from the surplus 26 17 prior to transfer of the surplus pursuant to section 8.57. 26 18 2. EMERGENCY MANAGEMENT DIVISION 26 19 For salaries, support, maintenance, miscellaneous purposes, 26 20 and for not more than the following full-time equivalent 26 21 positions: 26 22 .................................................. $ 609,678 26 23 ............................................... FTEs 15.25 26 24 If Senate File 530 is enacted into law by the Seventy- 26 25 seventh General Assembly, 1998 Session, then the full-time 26 26 equivalent positions authorized in this subsection shall be 26 27 increased by 2.00 FTEs. 26 28 In the event that the state and local assistance program 26 29 under the federal emergency management agency requires 26 30 additional matching state funds for participation by the 26 31 state, the department of management shall transfer to the 26 32 department of public defense, emergency management division, 26 33 in accordance with section 8.39, sufficient funds to meet the 26 34 additional matching funds requirement. 26 35 Sec. 19. DEPARTMENT OF PUBLIC SAFETY. There is 27 1 appropriated from the general fund of the state to the 27 2 department of public safety for the fiscal year beginning July 27 3 1, 1998, and ending June 30, 1999, the following amounts, or 27 4 so much thereof as is necessary, to be used for the purposes 27 5 designated: 27 6 1. For the department's administrative functions, 27 7 including the criminal justice information system, and for not 27 8 more than the following full-time equivalent positions: 27 9 .................................................. $ 2,391,481 27 10 ............................................... FTEs 38.80 27 11 2. For the division of criminal investigation and bureau 27 12 of identification including the state's contribution to the 27 13 peace officers' retirement, accident, and disability system 27 14 provided in chapter 97A in the amount of 17 percent of the 27 15 salaries for which the funds are appropriated, to meet federal 27 16 fund matching requirements, and for not more than the 27 17 following full-time equivalent positions: 27 18 .................................................. $ 11,584,991 27 19 ............................................... FTEs 219.00 27 20 Riverboat enforcement costs shall be billed in accordance 27 21 with section 99F.10, subsection 4. The costs shall be not 27 22 more than the department's estimated expenditures, including 27 23 salary adjustment, for riverboat enforcement for the fiscal 27 24 year. 27 25 The department of public safety, with the approval of the 27 26 department of management, may employ no more than two special 27 27 agents and four gaming enforcement officers for each 27 28 additional riverboat regulated after July 1, 1998, and one 27 29 special agent for each racing facility which becomes 27 30 operational during the fiscal year which begins July 1, 1998. 27 31 One additional gaming enforcement officer, up to a total of 27 32 four per boat, may be employed for each riverboat that has 27 33 extended operations to 24 hours and has not previously 27 34 operated with a 24-hour schedule. Positions authorized in 27 35 this paragraph are in addition to the full-time equivalent 28 1 positions authorized in this subsection. 28 2 3. a. For the division of narcotics enforcement, 28 3 including the state's contribution to the peace officers' 28 4 retirement, accident, and disability system provided in 28 5 chapter 97A in the amount of 17 percent of the salaries for 28 6 which the funds are appropriated, to meet federal fund 28 7 matching requirements, and for not more than the following 28 8 full-time equivalent positions: 28 9 .................................................. $ 2,794,336 28 10 ............................................... FTEs 46.00 28 11 b. For the division of narcotics enforcement for 28 12 undercover purchases: 28 13 .................................................. $ 139,202 28 14 4. For the state fire marshal's office, including the 28 15 state's contribution to the peace officers' retirement, 28 16 accident, and disability system provided in chapter 97A in the 28 17 amount of 17 percent of the salaries for which the funds are 28 18 appropriated, and for not more than the following full-time 28 19 equivalent positions: 28 20 .................................................. $ 1,571,422 28 21 ............................................... FTEs 31.80 28 22 5. For the capitol security division, including the 28 23 state's contribution to the peace officers' retirement, 28 24 accident, and disability system provided in chapter 97A in the 28 25 amount of 17 percent of the salaries for which the funds are 28 26 appropriated and for not more than the following full-time 28 27 equivalent positions: 28 28 .................................................. $ 1,297,452 28 29 ............................................... FTEs 27.00 28 30 6. For costs associated with the maintenance of the 28 31 automated fingerprint information system (AFIS): 28 32 .................................................. $ 244,930 28 33 7. An employee of the department of public safety who 28 34 retires after July 1, 1998, but prior to June 30, 1999, is 28 35 eligible for payment of life or health insurance premiums as 29 1 provided for in the collective bargaining agreement covering 29 2 the public safety bargaining unit at the time of retirement if 29 3 that employee previously served in a position which would have 29 4 been covered by the agreement. The employee shall be given 29 5 credit for the service in that prior position as though it 29 6 were covered by that agreement. The provisions of this 29 7 subsection shall not operate to reduce any retirement benefits 29 8 an employee may have earned under other collective bargaining 29 9 agreements or retirement programs. 29 10 8. For costs associated with the training and equipment 29 11 needs of volunteer fire fighters: 29 12 .................................................. $ 709,405 29 13 Notwithstanding section 8.33, moneys appropriated in this 29 14 subsection which remain unobligated or unexpended at the close 29 15 of the fiscal year shall not revert to the general fund of the 29 16 state but shall remain available only for the purpose 29 17 designated in this subsection in the succeeding fiscal year. 29 18 9. For the state medical examiner and for not more than 29 19 the following full-time equivalent positions: 29 20 .................................................. $ 357,036 29 21 ............................................... FTEs 4.00 29 22 Any fees collected by the department of public safety for 29 23 autopsies performed by the office of the state medical 29 24 examiner shall be deposited in the general fund of the state. 29 25 Sec. 20. HIGHWAY SAFETY PATROL FUND. There is 29 26 appropriated from the highway safety patrol fund created in 29 27 section 80.41 to the division of the Iowa state patrol of the 29 28 department of public safety, for the fiscal year beginning 29 29 July 1, 1998, and ending June 30, 1999, the following amounts, 29 30 or so much thereof as is necessary, to be used for the 29 31 purposes designated: 29 32 1. For salaries, support, maintenance, workers' 29 33 compensation costs, and miscellaneous purposes, including the 29 34 state's contribution to the peace officers' retirement, 29 35 accident, and disability system provided in chapter 97A in the 30 1 amount of 17 percent of the salaries for which the funds are 30 2 appropriated, and for not more than the following full-time 30 3 equivalent positions: 30 4 .................................................. $ 36,207,514 30 5 ............................................... FTEs 568.00 30 6 It is the intent of the general assembly that, of the funds 30 7 appropriated in this subsection, the division shall expend the 30 8 amount necessary to provide the state match for the additional 30 9 state troopers hired through the federal community-oriented 30 10 policing services program and authorized pursuant to 1996 Iowa 30 11 Acts, chapter 1216, section 22. It is the intent of the 30 12 general assembly that once federal moneys for this program 30 13 end, the division shall present proposals to the governor and 30 14 the general assembly for continued funding of the state 30 15 troopers described in this paragraph and for consideration of 30 16 reducing the number of state troopers through attrition, by 30 17 the same number as the number of troopers added through the 30 18 federal program. 30 19 2. The division of the Iowa state patrol may expend an 30 20 amount proportional to the costs that are reimbursable from 30 21 the highway safety patrol fund created in section 80.41. 30 22 Spending for these costs may occur from any unappropriated 30 23 funds in the state treasury upon a finding by the department 30 24 of management that all of the amounts requested and approved 30 25 are reimbursable from the highway safety patrol fund. Upon 30 26 payment to the highway safety patrol fund, the division of the 30 27 Iowa state patrol shall credit the payments necessary to 30 28 reimburse the state treasury. 30 29 3. For payment to the department of personnel for expenses 30 30 incurred in administering the merit system on behalf of the 30 31 division of the Iowa state patrol: 30 32 .................................................. $ 22,098 30 33 Sec. 21. Section 99F.10, subsection 4, Code 1997, is 30 34 amended to read as follows: 30 35 4. In determining the license fees and state admission 31 1 fees to be charged as provided under section 99F.4 and this 31 2 section, the commission shall use the amount appropriated to 31 3 the commission plus the cost of salaries for no more than two 31 4 special agents and no more than four gaming enforcement 31 5 officers for each excursion gambling boat for the division of 31 6 criminal investigation's excursion gambling boat activities as 31 7 the basis for determining the amount of revenue to be raised 31 8 from the license fees and admission fees. The division's 31 9 salary costs shall be limited tosixty-fiveone hundred 31 10 percent of the salary costs for special agents andsixty-five31 11 one hundred percent of the salary costs for gaming enforcement 31 12 for personnel assigned to excursion gambling boats who enforce 31 13 laws and rules adopted by the commission. 31 14 Sec. 22. 1997 Iowa Acts, chapter 205, section 4, 31 15 subsection 1, paragraph i, is amended to read as follows: 31 16 i. For the operation of the Fort Dodge correctional 31 17 facility, including salaries, support, maintenance, employment 31 18 of correctional officers, miscellaneous purposes, and for not 31 19 more than the following full-time equivalent positions: 31 20 .................................................. $ 9,540,122 31 21 ............................................... FTEs 149.00 31 22 Notwithstanding section 8.33, moneys appropriated in this 31 23 lettered paragraph which remain unobligated or unexpended at 31 24 the close of the fiscal year shall not revert to the general 31 25 fund of the state but shall remain available to the department 31 26 of corrections to be used for the reimbursement of operational 31 27 expenses of correctional facilities in which revenues recouped 31 28 from inmate earnings by a correctional facility are 31 29 insufficient to fully provide for the operational expenses of 31 30 the facility in the succeeding fiscal year. 31 31 Sec. 23. 1997 Iowa Acts, chapter 205, section 22, is 31 32 amended to read as follows: 31 33 SEC. 22. DEPARTMENT OF CORRECTIONS – FACILITY REMODELING 31 34 FUND. Notwithstanding sections 8.33, 8.39, and 602.8108A, the 31 35 department of corrections shall direct the treasurer of state 32 1 to transfer on June 30, 1997, $1,600,000 of the unused balance 32 2 of funds in the Iowa prison infrastructure fund created in 32 3 section 602.8108A, to a facility remodeling fund created in 32 4 the state treasury and under the control of the department of 32 5 corrections. Moneys in the facility remodeling fund shall be 32 6 used by the department solely for the purpose of remodeling a 32 7 structure in the fifth judicial district department of 32 8 correctional services for use as a residential facility. 32 9 Notwithstanding section 8.33, moneys transferred and 32 10 appropriated in this subsection which remain unobligated or 32 11 unexpended at the close of the fiscal year shall not revert to 32 12 the fund from which the moneys were transferred but shall 32 13 remain available only for the purpose designated in this 32 14 section in the succeeding fiscal year. 32 15 Sec. 24. COURT OF APPEALS – LOCATION. Notwithstanding 32 16 the provisions of section 602.5104, the court of appeals may, 32 17 commencing with the effective date of this section and ending 32 18 on June 30, 1999, meet at a location other than the seat of 32 19 state government and hold court sessions at a location other 32 20 than the courtroom of the supreme court at the statehouse. 32 21 Sec. 25. DEPARTMENT OF CORRECTIONS – PRISON 32 22 INFRASTRUCTURE FUND. Notwithstanding sections 8.33, 8.39, and 32 23 602.8108A, the department of corrections shall direct the 32 24 treasurer of state to transfer on June 30, 1998, $1,000,000 of 32 25 the unused balance of funds in the Iowa prison infrastructure 32 26 fund created in section 602.8108A, to the department of 32 27 corrections to be used for the purposes designated: 32 28 1. For use as matching funding for federal violent 32 29 offender incarceration/truth in sentencing funds to construct 32 30 a 200-bed facility at Mitchellville: 32 31 .................................................. $ 600,000 32 32 2. For renovation of the power plant and improvements to 32 33 the water system at the Iowa correctional institution for 32 34 women: 32 35 .................................................. $ 100,000 33 1 3. For the installation of perimeter fencing at the Mt. 33 2 Pleasant correctional facility: 33 3 .................................................. $ 300,000 33 4 Sec. 26. SENTENCING STUDY – EXTENSION. The legislative 33 5 council is requested to extend through the 1998 interim the 33 6 authorization for the criminal sentencing interim study 33 7 committee established by the legislative council in 1997 so 33 8 that the interim committee can continue to review the 33 9 sentencing reform efforts in other states and consider whether 33 10 any of those reforms should be implemented in Iowa. 33 11 Sec. 27. EFFECTIVE DATES. 33 12 1. Section 1, subsections 3 and 4, of this Act, relating 33 13 to Iowa competition law or antitrust actions and to civil 33 14 consumer fraud actions, being deemed of immediate importance, 33 15 take effect upon enactment. 33 16 2. Section 8 of this Act, relating to the encumbrance of 33 17 certain moneys appropriated to the department of corrections 33 18 for the fiscal year commencing July 1, 1997, being deemed of 33 19 immediate importance, takes effect upon enactment. 33 20 3. Section 22 of this Act, concerning reversion of money 33 21 from the Fort Dodge correctional facility, being deemed of 33 22 immediate importance, takes effect upon enactment. 33 23 4. Section 23 of this Act, concerning the facility 33 24 remodeling fund, being deemed of immediate importance, takes 33 25 effect upon enactment. 33 26 5. Section 24 of this Act, concerning the Iowa court of 33 27 appeals, being deemed of immediate importance, takes effect 33 28 upon enactment. 33 29 6. Section 25 of this Act, concerning the prison 33 30 infrastructure fund, being deemed of immediate importance, 33 31 takes effect upon enactment. 33 32 EXPLANATION 33 33 This bill makes appropriations for the 1998-1999 fiscal 33 34 year for the departments of justice, corrections, public 33 35 defense, and public safety, and judicial department, Iowa law 34 1 enforcement academy, office of public defender, and board of 34 2 parole. 34 3 Code section 99F.10 is amended to provide that 100 percent, 34 4 and not 60 percent, of the salary costs for excursion gambling 34 5 boat enforcement personnel shall be considered in determining 34 6 the fees changed to the boats. 34 7 LSB 3173JA 77 34 8 ec/jw/5.2
Text: HSB00700 Text: HSB00702 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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