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Senate File 533

Partial Bill History

Bill Text

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  1  1                                          SENATE FILE 533
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO AND MAKING APPROPRIATIONS TO THE JUSTICE SYSTEM AND
  1  5    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, 1997, and ending
  1 12 June 30, 1998, 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 ................................................. $  6,995,561
  1 19 .............................................. FTEs     177.50
  1 20    2.  Prosecuting attorney training program for salaries,
  1 21 support, maintenance, miscellaneous purposes, and for not more
  1 22 than the following full-time equivalent positions:  
  1 23 ................................................. $    269,392
  1 24 .............................................. FTEs       6.00
  1 25    a.  In addition to the funds appropriated in this
  1 26 subsection for the fiscal year beginning July 1, 1997, and
  1 27 ending June 30, 1998, the attorney general shall provide up to
  1 28 $41,000 in state matching funds from moneys retained by the
  1 29 attorney general from property forfeited pursuant to section
  1 30 809A.17, for the prosecuting attorney training program, the
  1 31 prosecuting intern program, or both.  Counties participating
  1 32 in the prosecuting intern program shall match the state funds.
  1 33    b.  In addition to the funds appropriated in this
  1 34 subsection for the fiscal year beginning July 1, 1997, and
  1 35 ending June 30, 1998, and the moneys retained by the attorney
  2  1 general pursuant to paragraph "a", the attorney general shall
  2  2 provide up to $10,000 in state matching funds from moneys
  2  3 retained by the attorney general from property forfeited
  2  4 pursuant to section 809A.17, for the office of the prosecuting
  2  5 attorneys training coordinator to use for continuation of the
  2  6 domestic violence response enhancement program established in
  2  7 accordance with 1992 Iowa Acts, chapter 1240, section 1,
  2  8 subsection 2, paragraph "b".
  2  9    c.  The prosecuting attorneys training program shall use a
  2 10 portion of the funds appropriated in this subsection for
  2 11 educating and training prosecuting attorneys, as defined in
  2 12 section 13A.1, in alternative dispute resolution techniques.
  2 13    3.  In addition to the funds appropriated in subsection 1,
  2 14 there is appropriated from the general fund of the state to
  2 15 the department of justice for the fiscal year beginning July
  2 16 1, 1997, and ending June 30, 1998, an amount not exceeding
  2 17 $200,000 to be used for the enforcement of the Iowa
  2 18 competition law.  The expenditure of the funds appropriated in
  2 19 this subsection is contingent upon receipt by the general fund
  2 20 of the state of an amount at least equal to either the
  2 21 expenditures from damages awarded to the state or a political
  2 22 subdivision of the state by a civil judgment under chapter
  2 23 553, if the judgment authorizes the use of the award for
  2 24 enforcement purposes or costs or attorneys fees awarded the
  2 25 state in state or federal antitrust actions.  However, if the
  2 26 funds received as a result of these judgments are in excess of
  2 27 $200,000, the excess funds shall not be appropriated to the
  2 28 department of justice pursuant to this subsection.
  2 29    4.  In addition to the funds appropriated in subsection 1,
  2 30 there is appropriated from the general fund of the state to
  2 31 the department of justice for the fiscal year beginning July
  2 32 1, 1997, and ending June 30, 1998, an amount not exceeding
  2 33 $150,000 to be used for public education relating to consumer
  2 34 fraud and for enforcement of section 714.16, and an amount not
  2 35 exceeding $75,000 for investigation, prosecution, and consumer
  3  1 education relating to consumer and criminal fraud against
  3  2 older Iowans.  The expenditure of the funds appropriated in
  3  3 this subsection is contingent upon receipt by the general fund
  3  4 of the state of an amount at least equal to the expenditures
  3  5 from damages awarded to the state or a political subdivision
  3  6 of the state by a civil consumer fraud judgment or settlement,
  3  7 if the judgment or settlement authorizes the use of the award
  3  8 for public education on consumer fraud.  However, if the funds
  3  9 received as a result of these judgments and settlements are in
  3 10 excess of $225,000, the excess funds shall not be appropriated
  3 11 to the department of justice pursuant to this subsection.
  3 12    5.  For victim assistance grants:  
  3 13 ................................................. $  1,759,806
  3 14    a.  The funds appropriated in this subsection shall be used
  3 15 to provide grants to care providers providing services to
  3 16 crime victims of domestic abuse or to crime victims of rape
  3 17 and sexual assault.
  3 18    b.  Notwithstanding section 8.33 or 8.39, any balance
  3 19 remaining from the appropriation in this subsection shall not
  3 20 revert to the general fund of the state but shall be available
  3 21 for expenditure during the subsequent fiscal year for the same
  3 22 purpose, and shall not be transferred to any other program.
  3 23    6.  For the GASA prosecuting attorney program and for not
  3 24 more than the following full-time equivalent positions:  
  3 25 .................................................. $    121,259
  3 26 ............................................... FTEs       2.00
  3 27    7.  The balance of the victim compensation fund established
  3 28 under section 912.14 may be used to provide salary and support
  3 29 of not more than 13.00 FTEs and to provide maintenance for the
  3 30 victim compensation functions of the department of justice.
  3 31    8.  The department of justice shall submit monthly
  3 32 financial statements to the legislative fiscal bureau and the
  3 33 department of management containing all appropriated accounts
  3 34 in the same manner as provided in the monthly financial status
  3 35 reports and personal services usage reports of the department
  4  1 of revenue and finance.  The monthly financial statements
  4  2 shall include comparisons of the moneys and percentage spent
  4  3 of budgeted to actual revenues and expenditures on a
  4  4 cumulative basis for full-time equivalent positions and
  4  5 available moneys.
  4  6    9.  a.  The department of justice, in submitting budget
  4  7 estimates for the fiscal year commencing July 1, 1998,
  4  8 pursuant to section 8.23, shall include a report of funding
  4  9 from sources other than amounts appropriated directly from the
  4 10 general fund of the state to the department of justice or to
  4 11 the office of consumer advocate.  These funding sources shall
  4 12 include, but are not limited to, reimbursements from other
  4 13 state agencies, commissions, boards, or similar entities, and
  4 14 reimbursements from special funds or internal accounts within
  4 15 the department of justice.  The department of justice shall
  4 16 report actual reimbursements for the fiscal year commencing
  4 17 July 1, 1996, and actual and expected reimbursements for the
  4 18 fiscal year commencing July 1, 1997.
  4 19    b.  The department of justice shall include the report
  4 20 required under paragraph "a", as well as information regarding
  4 21 any revisions occurring as a result of reimbursements actually
  4 22 received or expected at a later date, in a report to the co-
  4 23 chairpersons and ranking members of the joint appropriations
  4 24 subcommittee on the justice system and the legislative fiscal
  4 25 bureau.  The department of justice shall submit the report on
  4 26 or before January 15, 1998.
  4 27    10.  For legal services for persons in poverty grants as
  4 28 provided in section 13.34:  
  4 29 .................................................. $    500,000
  4 30    As a condition for accepting a grant funded pursuant to
  4 31 this subsection, an organization receiving a grant shall
  4 32 submit a report to the general assembly by January 1, 1998,
  4 33 concerning the use of any grants received during the previous
  4 34 fiscal year and efforts made by the organization to find
  4 35 alternative sources of revenue to replace any reductions in
  5  1 federal funding for the organization.
  5  2    In addition to moneys appropriated in this subsection, the
  5  3 executive council is authorized, in its discretion, to
  5  4 disburse from the civil reparations trust fund created in
  5  5 section 668A.1 an additional amount, not to exceed $450,000,
  5  6 to the department of justice for use as legal services for
  5  7 persons in poverty grants as provided in section 13.34.
  5  8    Sec. 2.  DEPARTMENT OF JUSTICE – ENVIRONMENTAL CRIMES
  5  9 INVESTIGATION AND PROSECUTION – FUNDING.  There is
  5 10 appropriated from the environmental crime fund of the
  5 11 department of justice, consisting of court-ordered fines and
  5 12 penalties awarded to the department arising out of the
  5 13 prosecution of environmental crimes, to the department of
  5 14 justice for the fiscal year beginning July 1, 1997, and ending
  5 15 June 30, 1998, an amount not exceeding $20,000 to be used by
  5 16 the department, at the discretion of the attorney general, for
  5 17 the investigation and prosecution of environmental crimes,
  5 18 including the reimbursement of expenses incurred by county,
  5 19 municipal, and other local governmental agencies cooperating
  5 20 with the department in the investigation and prosecution of
  5 21 environmental crimes.
  5 22    The expenditure of the funds appropriated in this section
  5 23 is contingent upon receipt by the environmental crime fund of
  5 24 the department of justice of an amount at least equal to the
  5 25 appropriations made in this section and received from
  5 26 contributions, court-ordered restitution as part of judgments
  5 27 in criminal cases, and consent decrees entered into as part of
  5 28 civil or regulatory enforcement actions.  However, if the
  5 29 funds received during the fiscal year are in excess of
  5 30 $20,000, the excess funds shall be deposited in the general
  5 31 fund of the state.
  5 32    Notwithstanding section 8.33, moneys appropriated in this
  5 33 section which remain unexpended or unobligated at the close of
  5 34 the fiscal year shall not revert to the general fund of the
  5 35 state but shall remain available for expenditure for the
  6  1 designated purpose in the succeeding fiscal year.
  6  2    Sec. 3.  OFFICE OF CONSUMER ADVOCATE.  There is
  6  3 appropriated from the general fund of the state to the office
  6  4 of consumer advocate of the department of justice for the
  6  5 fiscal year beginning July 1, 1997, and ending June 30, 1998,
  6  6 the following amount, or so much thereof as is necessary, to
  6  7 be used for the purposes designated:
  6  8    For salaries, support, maintenance, miscellaneous purposes,
  6  9 and for not more than the following full-time equivalent
  6 10 positions:  
  6 11 .................................................. $  2,372,826
  6 12 ............................................... FTEs      32.00
  6 13    Sec. 4.  DEPARTMENT OF CORRECTIONS – FACILITIES.  There is
  6 14 appropriated from the general fund of the state to the
  6 15 department of corrections for the fiscal year beginning July
  6 16 1, 1997, and ending June 30, 1998, the following amounts, or
  6 17 so much thereof as is necessary, to be used for the purposes
  6 18 designated:
  6 19    1.  For the operation of adult correctional institutions,
  6 20 to be allocated as follows:
  6 21    a.  For the operation of the Fort Madison correctional
  6 22 facility, including salaries, support, maintenance, employment
  6 23 of correctional officers, miscellaneous purposes, and for not
  6 24 more than the following full-time equivalent positions:  
  6 25 .................................................. $ 27,618,153
  6 26 ............................................... FTEs     507.97
  6 27    b.  For the operation of the Anamosa correctional facility,
  6 28 including salaries, support, maintenance, employment of
  6 29 correctional officers and a part-time chaplain to provide
  6 30 religious counseling to inmates of a minority race,
  6 31 miscellaneous purposes, and for not more than the following
  6 32 full-time equivalent positions:  
  6 33 .................................................. $ 20,888,037
  6 34 ............................................... FTEs     384.75
  6 35    Moneys are provided within this appropriation for two full-
  7  1 time substance abuse counselors for the Luster Heights
  7  2 facility, for the purpose of certification of a substance
  7  3 abuse program at that facility.
  7  4    c.  For the operation of the Oakdale correctional facility,
  7  5 including salaries, support, maintenance, employment of
  7  6 correctional officers, miscellaneous purposes, and for not
  7  7 more than the following full-time equivalent positions:  
  7  8 .................................................. $ 17,284,751
  7  9 ............................................... FTEs     334.30
  7 10    d.  For the operation of the Newton correctional facility,
  7 11 including salaries, support, maintenance, employment of
  7 12 correctional officers, miscellaneous purposes, and for not
  7 13 more than the following full-time equivalent positions:  
  7 14 .................................................. $ 19,251,272
  7 15 ............................................... FTEs     375.75
  7 16    e.  For the operation of the Mt. Pleasant correctional
  7 17 facility, including salaries, support, maintenance, employment
  7 18 of correctional officers and a full-time chaplain to provide
  7 19 religious counseling at the Oakdale and Mt. Pleasant
  7 20 correctional facilities, miscellaneous purposes, and for not
  7 21 more than the following full-time equivalent positions:  
  7 22 .................................................. $ 14,911,431
  7 23 ............................................... FTEs     289.32
  7 24    f.  For the operation of the Rockwell City correctional
  7 25 facility, including salaries, support, maintenance, employment
  7 26 of correctional officers, miscellaneous purposes, and for not
  7 27 more than the following full-time equivalent positions:  
  7 28 .................................................. $  5,950,292
  7 29 ............................................... FTEs     115.00
  7 30    g.  For the operation of the Clarinda correctional
  7 31 facility, including salaries, support, maintenance, employment
  7 32 of correctional officers, miscellaneous purposes, and for not
  7 33 more than the following full-time equivalent positions:  
  7 34 .................................................. $ 15,441,395
  7 35 ............................................... FTEs     263.00
  8  1    Moneys received by the department of corrections as
  8  2 reimbursement for services provided to the Clarinda youth
  8  3 corporation are appropriated to the department and shall be
  8  4 used for the purpose of operating the Clarinda correctional
  8  5 facility.
  8  6    h.  For the operation of the Mitchellville correctional
  8  7 facility, including salaries, support, maintenance, employment
  8  8 of correctional officers, miscellaneous purposes, and for not
  8  9 more than the following full-time equivalent positions:  
  8 10 .................................................. $  7,138,684
  8 11 ............................................... FTEs     146.00
  8 12    i.  For the operation of the Fort Dodge correctional
  8 13 facility, including salaries, support, maintenance, employment
  8 14 of correctional officers, miscellaneous purposes, and for not
  8 15 more than the following full-time equivalent positions:  
  8 16 .................................................. $  9,540,122
  8 17 ............................................... FTEs     149.00
  8 18    2.  a.  If the inmate tort claim fund for inmate claims of
  8 19 less than $100 is exhausted during the fiscal year, sufficient
  8 20 funds shall be transferred from the institutional budgets to
  8 21 pay approved tort claims for the balance of the fiscal year.
  8 22 The warden or superintendent of each institution or
  8 23 correctional facility shall designate an employee to receive,
  8 24 investigate, and recommend whether to pay any properly filed
  8 25 inmate tort claim for less than the above amount.  The
  8 26 designee's recommendation shall be approved or denied by the
  8 27 warden or superintendent and forwarded to the department of
  8 28 corrections for final approval and payment.  The amounts
  8 29 appropriated to this fund pursuant to 1987 Iowa Acts, chapter
  8 30 234, section 304, subsection 2, are not subject to reversion
  8 31 under section 8.33.
  8 32    b.  Tort claims denied at the institution shall be
  8 33 forwarded to the state appeal board for their consideration as
  8 34 if originally filed with that body.  This procedure shall be
  8 35 used in lieu of chapter 669 for inmate tort claims of less
  9  1 than $100.
  9  2    3.  The department of corrections is authorized to
  9  3 construct a 200-bed living unit at the Mitchellville
  9  4 correctional facility utilizing federal grant moneys received
  9  5 by the department for this purpose.
  9  6    Sec. 5.  DEPARTMENT OF CORRECTIONS – ADMINISTRATION.
  9  7 There is appropriated from the general fund of the state to
  9  8 the department of corrections for the fiscal year beginning
  9  9 July 1, 1997, and ending June 30, 1998, the following amounts,
  9 10 or so much thereof as is necessary, to be used for the
  9 11 purposes designated:
  9 12    1.  For general administration, including salaries,
  9 13 support, maintenance, employment of an education director and
  9 14 clerk to administer a centralized education program for the
  9 15 correctional system, miscellaneous purposes, and for not more
  9 16 than the following full-time equivalent positions:  
  9 17 .................................................. $  2,024,844
  9 18 ............................................... FTEs      37.18
  9 19    The department shall monitor the use of the classification
  9 20 model by the judicial district departments of correctional
  9 21 services and has the authority to override a district
  9 22 department's decision regarding classification of community-
  9 23 based clients.  The department shall notify a district
  9 24 department of the reasons for the override.
  9 25    It is the intent of the general assembly that as a
  9 26 condition of receiving the appropriation provided in this
  9 27 subsection, the department of corrections shall not enter into
  9 28 a new contract, unless the contract is a renewal of an
  9 29 existing contract, for the expenditure of moneys in excess of
  9 30 $100,000 during the fiscal year beginning July 1, 1997, for
  9 31 the privatization of services performed by the department
  9 32 using state employees as of July 1, 1997, or for the
  9 33 privatization of new services by the department, without prior
  9 34 consultation with any applicable state employee organization
  9 35 affected by the proposed new contract and prior notification
 10  1 of the co-chairpersons and ranking members of the joint
 10  2 appropriations subcommittee on the justice system.
 10  3    The department of general services shall, notwithstanding
 10  4 any provisions of law or rule to the contrary, permit the
 10  5 department of corrections the opportunity to acquire, at no
 10  6 cost, computers that would otherwise be disposed of by the
 10  7 department of general services.  The department of corrections
 10  8 shall use computers acquired under this paragraph to provide
 10  9 educational training and programs for inmates.
 10 10    2.  For reimbursement of counties for temporary confinement
 10 11 of work release and parole violators, as provided in sections
 10 12 901.7, 904.908, and 906.17 and for offenders confined pursuant
 10 13 to section 904.513:  
 10 14 .................................................. $    524,038
 10 15    3.  For federal prison reimbursement, reimbursements for
 10 16 out-of-state placements, and miscellaneous contracts:  
 10 17 .................................................. $    341,334
 10 18    The department of corrections shall use funds appropriated
 10 19 in this subsection to continue to contract for the services of
 10 20 a Muslim imam.
 10 21    4.  For salaries, support, maintenance, miscellaneous
 10 22 purposes, and for not more than the following full-time
 10 23 equivalent positions at the correctional training center at
 10 24 Mt. Pleasant:  
 10 25 .................................................. $    463,128
 10 26 ............................................... FTEs       8.16
 10 27    5.  For annual payment relating to the financial
 10 28 arrangement for the construction of expansion in prison
 10 29 capacity as provided in 1989 Iowa Acts, chapter 316, section
 10 30 7, subsection 6:  
 10 31 .................................................. $    625,860
 10 32    6.  For annual payment relating to the financial
 10 33 arrangement for the construction of expansion in prison
 10 34 capacity as provided in 1990 Iowa Acts, chapter 1257, section
 10 35 24:  
 11  1 .................................................. $  3,186,275
 11  2    7.  For educational programs for inmates at state penal
 11  3 institutions:  
 11  4 .................................................. $  2,950,600
 11  5    It is the intent of the general assembly that moneys
 11  6 appropriated in this subsection shall be used solely for the
 11  7 purpose indicated and that the moneys shall not be transferred
 11  8 for any other purpose.  In addition, it is the intent of the
 11  9 general assembly that the department shall consult with the
 11 10 community colleges in the areas in which the institutions are
 11 11 located to utilize moneys appropriated in this subsection to
 11 12 fund the high school completion, high school equivalency
 11 13 diploma, adult literacy, and adult basic education programs in
 11 14 a manner so as to maintain these programs at the institutions.
 11 15    Notwithstanding section 8.33, moneys appropriated in this
 11 16 subsection which remain unobligated or unexpended at the close
 11 17 of the fiscal year shall not revert to the general fund of the
 11 18 state but shall remain available only for the purposes
 11 19 designated in this subsection in the succeeding fiscal year.
 11 20    8.  The department of corrections shall submit a report to
 11 21 the general assembly on January 1, 1998, concerning progress
 11 22 made in implementing the requirements of section 904.701,
 11 23 concerning hard labor by inmates.
 11 24    9.  The department of corrections shall study and consider
 11 25 the adoption of new guidelines concerning the transportation
 11 26 of inmates.  The study may consider the use of the federal
 11 27 marshal transportation services.  The department shall submit
 11 28 a report to the general assembly by January 15, 1998,
 11 29 concerning the results of the study, including information
 11 30 concerning the costs associated with the recommendations.
 11 31    10.  The department of corrections shall study and consider
 11 32 the implementation of a computer database to provide inmate
 11 33 case management and offender profiling to better identify,
 11 34 track, and assist inmates of the correctional institutions.
 11 35    11.  It is the intent of the general assembly that the
 12  1 department of corrections connect all of its correctional
 12  2 facilities to the Iowa communications network (ICN).
 12  3    12.  It is the intent of the general assembly that the
 12  4 department of corrections shall continue to operate the
 12  5 correctional farms under the control of the department at the
 12  6 same or greater level of participation and involvement as
 12  7 existed as of January 1, 1997, and shall further attempt to
 12  8 provide meaningful job opportunities at the farms for inmates.
 12  9    13.  The department of corrections, to the extent
 12 10 permissible by law, shall implement, as soon as possible but
 12 11 in no event later than July 1, 1997, a program to limit the
 12 12 availability of television to inmates in correctional
 12 13 facilities under the control of the department to channels
 12 14 representing networks or stations for which under normal
 12 15 circumstances a fee is not required.
 12 16    Sec. 6.  JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL
 12 17 SERVICES.
 12 18    1.  There is appropriated from the general fund of the
 12 19 state to the department of corrections for the fiscal year
 12 20 beginning July 1, 1997, and ending June 30, 1998, the
 12 21 following amounts, or so much thereof as is necessary, to be
 12 22 allocated as follows:
 12 23    a.  For the first judicial district department of
 12 24 correctional services, including the treatment and supervision
 12 25 of probation and parole violators who have been released from
 12 26 the department of corrections violator program, the following
 12 27 amount, or so much thereof as is necessary:  
 12 28 .................................................. $  7,157,999
 12 29    (1)  The district department shall continue the intensive
 12 30 supervision program established within the district in 1988
 12 31 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph
 12 32 "a", and the sex offender treatment program established within
 12 33 the district in 1989 Iowa Acts, chapter 316, section 8,
 12 34 subsection 1, paragraph "a".
 12 35    (2)  The district department, in cooperation with the chief
 13  1 judge of the judicial district, shall continue the
 13  2 implementation of a plan to divert low-risk offenders to the
 13  3 least restrictive sanction available.
 13  4    b.  For the second 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 .................................................. $  5,729,149
 13 10    (1)  The district department shall continue the sex
 13 11 offender treatment program established within the district in
 13 12 1988 Iowa Acts, chapter 1271, section 6, subsection 1,
 13 13 paragraph "b".
 13 14    (2)  The district department, in cooperation with the chief
 13 15 judge of the judicial district, shall continue the
 13 16 implementation of a plan to divert low-risk offenders to the
 13 17 least restrictive sanction available.
 13 18    c.  For the third judicial district department of
 13 19 correctional services, including the treatment and supervision
 13 20 of probation and parole violators who have been released from
 13 21 the department of corrections violator program, the following
 13 22 amount, or so much thereof as is necessary:  
 13 23 .................................................. $  3,465,497
 13 24    (1)  The district department shall continue the sex
 13 25 offender treatment program established within the district in
 13 26 1988 Iowa Acts, chapter 1271, section 6, subsection 1,
 13 27 paragraph "c", and the intensive supervision program
 13 28 established within the district in 1990 Iowa Acts, chapter
 13 29 1268, section 6, subsection 3, paragraph "d".
 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    d.  For the fourth 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 .................................................. $  2,664,415
 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 "d".
 14  9    (2)  The district department, in cooperation with the chief
 14 10 judge of the judicial district, shall continue the
 14 11 implementation of a plan to divert low-risk offenders to the
 14 12 least restrictive sanction available.
 14 13    e.  For the fifth judicial district department of
 14 14 correctional services, including the treatment and supervision
 14 15 of probation and parole violators who have been released from
 14 16 the department of corrections violator program, the following
 14 17 amount, or so much thereof as is necessary:  
 14 18 .................................................. $  9,339,723
 14 19    (1)  The district department shall continue the intensive
 14 20 supervision program established within the district in 1988
 14 21 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph
 14 22 "e", and shall continue to provide for the rental of
 14 23 electronic monitoring equipment.
 14 24    (2)  The district department, in cooperation with the chief
 14 25 judge of the judicial district, shall continue the
 14 26 implementation of a plan to divert low-risk offenders to the
 14 27 least restrictive sanction available.
 14 28    f.  For the sixth judicial district department of
 14 29 correctional services, including the treatment and supervision
 14 30 of probation and parole violators who have been released from
 14 31 the department of corrections violator program, the following
 14 32 amount, or so much thereof as is necessary:  
 14 33 .................................................. $  7,271,360
 14 34    (1)  The district department shall continue the intensive
 14 35 supervision program established within the district in 1988
 15  1 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph
 15  2 "f", and the sex offender treatment program established within
 15  3 the district in 1989 Iowa Acts, chapter 316, section 8,
 15  4 subsection 1, paragraph "f".
 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    (3)  The district department shall continue the
 15 10 implementation of a plan providing for the expanded use of
 15 11 intermediate criminal sanctions, as provided in 1993 Iowa
 15 12 Acts, chapter 171, section 6, subsection 1, paragraph "f",
 15 13 subparagraph (3).
 15 14    g.  For the seventh judicial district department of
 15 15 correctional services, including the treatment and supervision
 15 16 of probation and parole violators who have been released from
 15 17 the department of corrections violator program, the following
 15 18 amount, or so much thereof as is necessary:  
 15 19 .................................................. $  4,599,542
 15 20    (1)  The district department shall continue the intensive
 15 21 supervision program established within the district in 1988
 15 22 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph
 15 23 "g", and shall continue the sex offender treatment program
 15 24 established within the district in 1989 Iowa Acts, chapter
 15 25 316, section 8, subsection 1, paragraph "g".
 15 26    (2)  The district department shall continue the job
 15 27 development program established within the district in 1990
 15 28 Iowa Acts, chapter 1268, section 6, subsection 7, paragraph
 15 29 "e".
 15 30    (3)  The district department, in cooperation with the chief
 15 31 judge of the judicial district, shall continue the
 15 32 implementation of a plan to divert low-risk offenders to the
 15 33 least restrictive sanction available.
 15 34    h.  For the eighth judicial district department of
 15 35 correctional services, including the treatment and supervision
 16  1 of probation and parole violators who have been released from
 16  2 the department of corrections violator program, the following
 16  3 amount, or so much thereof as is necessary:  
 16  4 .................................................. $  4,286,894
 16  5    (1)  The district department shall continue the intensive
 16  6 supervision program established within the district in 1988
 16  7 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph
 16  8 "h", and shall continue the sex offender treatment program
 16  9 established within the district in 1989 Iowa Acts, chapter
 16 10 316, section 8, subsection 1, paragraph "h".
 16 11    (2)  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    i.  For the department of corrections for the assistance
 16 16 and support of each judicial district department of
 16 17 correctional services, the following amount, or so much
 16 18 thereof as is necessary:  
 16 19 .................................................. $     83,576
 16 20    2.  The department of corrections shall continue to
 16 21 contract with a judicial district department of correctional
 16 22 services to provide for the rental of electronic monitoring
 16 23 equipment which shall be available statewide.
 16 24    3.  Each judicial district department of correctional
 16 25 services and the department of corrections shall continue the
 16 26 treatment alternatives to street crime programs established in
 16 27 1989 Iowa Acts, chapter 225, section 9.
 16 28    4.  The governor's alliance on substance abuse shall
 16 29 consider federal grants made to the department of corrections
 16 30 for the benefit of each of the eight judicial district
 16 31 departments of correctional services as local government
 16 32 grants, as defined pursuant to federal regulations.
 16 33    5.  Each judicial district department of correctional
 16 34 services shall provide a report concerning the treatment and
 16 35 supervision of probation and parole violators who have been
 17  1 released from the department of corrections violator program,
 17  2 to the co-chairpersons and ranking members of the joint
 17  3 appropriations subcommittee on the justice system and the
 17  4 legislative fiscal bureau, on or before January 15, 1998.
 17  5    6.  In addition to the requirements of section 8.39, the
 17  6 department of corrections shall not make an intradepartmental
 17  7 transfer of moneys appropriated to the department, unless
 17  8 notice of the intradepartmental transfer is given prior to its
 17  9 effective date to the legislative fiscal bureau.  The notice
 17 10 shall include information on the department's rationale for
 17 11 making the transfer and details concerning the work load and
 17 12 performance measures upon which the transfers are based.
 17 13    Sec. 7.  CORRECTIONAL INSTITUTIONS – VOCATIONAL TRAINING.
 17 14 The state prison industries board and the department of
 17 15 corrections shall continue the implementation of a plan to
 17 16 enhance vocational training opportunities within the
 17 17 correctional institutions listed in section 904.102, as
 17 18 provided in 1993 Iowa Acts, chapter 171, section 12.  The plan
 17 19 shall provide for increased vocational training opportunities
 17 20 within the correctional institutions, including the
 17 21 possibility of approving community college credit for inmates
 17 22 working in prison industries.  The department of corrections
 17 23 shall provide a report concerning the implementation of the
 17 24 plan to the co-chairpersons and ranking members of the joint
 17 25 appropriations subcommittee on the justice system and the
 17 26 legislative fiscal bureau, on or before January 15, 1998.
 17 27    It is the intent of the general assembly that each
 17 28 correctional facility make all reasonable efforts to maintain
 17 29 vocational education programs for inmates and to identify
 17 30 available funding sources to continue these programs.  The
 17 31 department of corrections shall submit a report to the general
 17 32 assembly by January 1, 1998, concerning the efforts made by
 17 33 each correctional facility in maintaining vocational education
 17 34 programs for inmates.
 17 35    Sec. 8.  APPROPRIATIONS TO THE DEPARTMENT OF CORRECTIONS –
 18  1 MONEYS ENCUMBERED – PRIORITIES.
 18  2    1.  Notwithstanding any other provision of law to the
 18  3 contrary, moneys appropriated to the department of corrections
 18  4 pursuant to 1996 Iowa Acts, chapter 1216, sections 6, 7, and
 18  5 8, shall be considered encumbered pursuant to section 8.33,
 18  6 and shall not revert to the general fund of the state
 18  7 following the close of the fiscal year commencing July 1,
 18  8 1996.  As used in this section, unless the context otherwise
 18  9 requires, "encumbered funds" means the moneys appropriated to
 18 10 the department of corrections pursuant to 1996 Iowa Acts,
 18 11 chapter 1216, sections 6, 7, and 8, which would otherwise
 18 12 revert to the general fund of the state following the close of
 18 13 the fiscal year in which the moneys were appropriated, but for
 18 14 the prohibition contained in this section.
 18 15    2.  The department of corrections shall use encumbered
 18 16 funds in the fiscal year commencing July 1, 1997, to fund up
 18 17 to an additional 50 FTEs for the employment of correctional
 18 18 officers in the correctional institutions specified in section
 18 19 904.102, and to purchase surveillance cameras and other
 18 20 necessary surveillance or safety equipment for use in
 18 21 correctional institutions.  The full-time equivalent positions
 18 22 authorized in this section for the employment of correctional
 18 23 officers and the funding provided for the purchase of
 18 24 equipment are in addition to any full-time equivalent
 18 25 positions authorized or equipment funded in section 4 of this
 18 26 Act, providing appropriations for department of corrections
 18 27 facilities.  The department of corrections shall use its
 18 28 discretion in distributing the additional correctional
 18 29 officers and equipment throughout the correctional facilities.
 18 30 The department of corrections shall file a report with the
 18 31 department of management concerning correctional officer
 18 32 positions filled and critically needed safety equipment
 18 33 purchased from encumbered funds provided under this section.
 18 34 If the department is able to fund an additional 50 FTEs for
 18 35 the employment of correctional officers pursuant to this
 19  1 section and to purchase all critically needed safety
 19  2 equipment, any remaining funds shall be unencumbered and shall
 19  3 revert to the general fund of the state at the close of the
 19  4 fiscal year commencing July 1, 1997.
 19  5    Sec. 9.  STATE AGENCY PURCHASES FROM PRISON INDUSTRIES.
 19  6    1.  As used in this section, unless the context otherwise
 19  7 requires, "state agency" means the government of the state of
 19  8 Iowa, including but not limited to all executive departments,
 19  9 agencies, boards, bureaus, and commissions, the judicial
 19 10 department, the general assembly and all legislative agencies,
 19 11 institutions within the purview of the state board of regents,
 19 12 and any corporation whose primary function is to act as an
 19 13 instrumentality of the state.
 19 14    2.  State agencies are hereby encouraged to purchase
 19 15 products from Iowa state industries, as defined in section
 19 16 904.802, when purchases are required and the products are
 19 17 available from Iowa state industries.
 19 18    3.  State agencies shall submit to the legislative fiscal
 19 19 bureau by January 15, 1998, a report of the dollar value of
 19 20 products and services purchased from Iowa state industries by
 19 21 the state agency during the fiscal year beginning July 1,
 19 22 1996, and ending June 30, 1997.
 19 23    Sec. 10.  STATE PUBLIC DEFENDER.  There is appropriated
 19 24 from the general fund of the state to the office of the state
 19 25 public defender of the department of inspections and appeals
 19 26 for the fiscal year beginning July 1, 1997, and ending June
 19 27 30, 1998, the following amount, or so much thereof as is
 19 28 necessary, for the purposes designated:  
 19 29 .................................................. $ 33,087,035
 19 30    The funds appropriated and full-time equivalent positions
 19 31 authorized in this section are allocated as follows:
 19 32    1.  For salaries, support, maintenance, and miscellaneous
 19 33 purposes, and for not more than the following full-time
 19 34 equivalent positions:  
 19 35 .................................................. $ 12,300,519
 20  1 ............................................... FTEs     199.00
 20  2    2.  For the fees of court-appointed attorneys for indigent
 20  3 adults and juveniles, notwithstanding section 232.141 and
 20  4 chapter 815:  
 20  5 .................................................. $ 20,786,516
 20  6    Sec. 11.  JUDICIAL DEPARTMENT.  There is appropriated from
 20  7 the general fund of the state to the judicial department for
 20  8 the fiscal year beginning July 1, 1997, and ending June 30,
 20  9 1998, the following amounts, or so much thereof as is
 20 10 necessary, to be used for the purposes designated:
 20 11    1.  For salaries of supreme court justices, appellate court
 20 12 judges, district court judges, district associate judges,
 20 13 judicial magistrates and staff, state court administrator,
 20 14 clerk of the supreme court, district court administrators,
 20 15 clerks of the district court, juvenile court officers, board
 20 16 of law examiners and board of examiners of shorthand reporters
 20 17 and judicial qualifications commission, receipt and
 20 18 disbursement of child support payments, reimbursement of the
 20 19 auditor of state for expenses incurred in completing audits of
 20 20 the offices of the clerks of the district court during the
 20 21 fiscal year beginning July 1, 1997, and maintenance,
 20 22 equipment, and miscellaneous purposes:  
 20 23 .................................................. $ 95,267,213
 20 24    a.  The judicial department, except for purposes of
 20 25 internal processing, shall use the current state budget
 20 26 system, the state payroll system, and the Iowa finance and
 20 27 accounting system in administration of programs and payments
 20 28 for services, and shall not duplicate the state payroll,
 20 29 accounting, and budgeting systems.
 20 30    b.  The judicial department shall submit monthly financial
 20 31 statements to the legislative fiscal bureau and the department
 20 32 of management containing all appropriated accounts in the same
 20 33 manner as provided in the monthly financial status reports and
 20 34 personal services usage reports of the department of revenue
 20 35 and finance.  The monthly financial statements shall include a
 21  1 comparison of the dollars and percentage spent of budgeted
 21  2 versus actual revenues and expenditures on a cumulative basis
 21  3 for full-time equivalent positions and dollars.
 21  4    c.  Of the funds appropriated in this subsection, not more
 21  5 than $1,897,728 may be transferred into the revolving fund
 21  6 established pursuant to section 602.1302, subsection 3, to be
 21  7 used for the payment of jury and witness fees and mileage.
 21  8    d.  The judicial department shall focus efforts upon the
 21  9 collection of delinquent fines, penalties, court costs, fees,
 21 10 surcharges, or similar amounts.
 21 11    e.  It is the intent of the general assembly that the
 21 12 offices of the clerks of the district court operate in all
 21 13 ninety-nine counties and be accessible to the public as much
 21 14 as is reasonably possible in order to address the relative
 21 15 needs of the citizens of each county.
 21 16    f.  In addition to the requirements for transfers under
 21 17 section 8.39, the judicial department shall not change the
 21 18 appropriations from the amounts appropriated to the department
 21 19 in this Act, unless notice of the revisions is given prior to
 21 20 their effective date to the legislative fiscal bureau.  The
 21 21 notice shall include information on the department's rationale
 21 22 for making the changes and details concerning the work load
 21 23 and performance measures upon which the changes are based.
 21 24    g.  The judicial department shall provide a report
 21 25 semiannually to the co-chairpersons and ranking members of the
 21 26 joint appropriations subcommittee on the justice system and to
 21 27 the legislative fiscal bureau specifying the amounts of fines,
 21 28 surcharges, and court costs collected using the Iowa court
 21 29 information system.  The report shall demonstrate and specify
 21 30 how the Iowa court information system is used to improve the
 21 31 collection process.
 21 32    The report required by this lettered paragraph shall be
 21 33 made by January 15, 1998, for the additional counties added to
 21 34 the system by 1996 Iowa Acts, chapter 1216, indicating whether
 21 35 the counties have reduced uncollected court fines and fees by
 22  1 50 percent as a result of being added to the system.
 22  2    h.  The judicial department shall provide a report to the
 22  3 general assembly by January 1, 1998, concerning the amounts
 22  4 received and expended from the enhanced court collections fund
 22  5 created in section 602.1304 and the court technology and
 22  6 modernization fund created in section 602.8108, subsection 4,
 22  7 during the fiscal year beginning July 1, 1996, and ending June
 22  8 30, 1997, and the plans for expenditures from each fund during
 22  9 the fiscal year beginning July 1, 1997, and ending June 30,
 22 10 1998.
 22 11    2.  For the juvenile victim restitution program:  
 22 12 .................................................. $    155,396
 22 13    Sec. 12.  COURT TECHNOLOGY AND MODERNIZATION FUND –
 22 14 DISTRIBUTION.  Of the moneys collected and deposited in the
 22 15 court technology and modernization fund established in section
 22 16 602.8108 in the fiscal year beginning July 1, 1997, $58,333
 22 17 shall be expended for the implementation of the criminal
 22 18 justice improvement network (CJIN) and up to $45,000 shall be
 22 19 expended for the data warehousing project.
 22 20    Sec. 13.  ENHANCED COURT COLLECTIONS FUND – DISTRIBUTION.
 22 21 Of the moneys collected and deposited in the enhanced court
 22 22 collections fund created in section 602.1304, the first
 22 23 $50,000 deposited in the fund in the fiscal year beginning
 22 24 July 1, 1997, shall be expended by the judicial department to
 22 25 provide federal matching funds for the Iowa supreme court
 22 26 improvement project for child in need of assistance cases.
 22 27    Sec. 14.  JUDICIAL RETIREMENT FUND.  There is appropriated
 22 28 from the general fund of the state to the judicial retirement
 22 29 fund for the fiscal year beginning July 1, 1997, and ending
 22 30 June 30, 1998, the following amount, or so much thereof as is
 22 31 necessary, to be used for the purpose designated:
 22 32    For the state's contribution to the judicial retirement
 22 33 fund established in section 602.9104, in the amount of 23.7
 22 34 percent of the basic salaries of the judges covered under
 22 35 chapter 602, article 9:  
 23  1 .................................................. $  3,806,457
 23  2    Sec. 15.  INDIGENT DEFENSE COSTS.  The supreme court shall
 23  3 submit a written report for the preceding fiscal year no later
 23  4 than January 1, 1998, indicating the amounts collected
 23  5 pursuant to section 815.9A, relating to recovery of indigent
 23  6 defense costs.  The report shall include the total amount
 23  7 collected by all courts, as well as the amounts collected by
 23  8 each judicial district.  The supreme court shall also submit a
 23  9 written report quarterly indicating the number of criminal and
 23 10 juvenile filings which occur in each judicial district for
 23 11 purposes of estimating indigent defense costs.  A copy of each
 23 12 report shall be provided to the public defender, the
 23 13 department of management, and the legislative fiscal bureau.
 23 14 The judicial department shall continue to assist in the
 23 15 development of an automated data system for use in the sharing
 23 16 of information utilizing the generic program interface for
 23 17 legislative and executive branch uses.
 23 18    Sec. 16.  AUTOMATED DATA SYSTEM.  The department of
 23 19 corrections, judicial district departments of correctional
 23 20 services, board of parole, and the judicial department shall
 23 21 continue to develop an automated data system for use in the
 23 22 sharing of information between the department of corrections,
 23 23 judicial district departments of correctional services, board
 23 24 of parole, and the judicial department.  The information to be
 23 25 shared shall concern any individual who may, as the result of
 23 26 an arrest or infraction of any law, be subject to the
 23 27 jurisdiction of the department of corrections, judicial
 23 28 district departments of correctional services, or board of
 23 29 parole.  The department of corrections, in consultation and
 23 30 cooperation with the judicial district departments of
 23 31 correctional services, the board of parole, and the judicial
 23 32 department, shall provide a report concerning the development
 23 33 of the automated data system to the co-chairpersons and
 23 34 ranking members of the joint appropriations subcommittee on
 23 35 the justice system and the legislative fiscal bureau, on or
 24  1 before January 15, 1998.
 24  2    Sec. 17.  IOWA LAW ENFORCEMENT ACADEMY.  There is
 24  3 appropriated from the general fund of the state to the Iowa
 24  4 law enforcement academy for the fiscal year beginning July 1,
 24  5 1997, and ending June 30, 1998, the following amounts, or so
 24  6 much thereof as is necessary, to be used for the purposes
 24  7 designated:
 24  8    1.  For salaries, support, maintenance, miscellaneous
 24  9 purposes, including jailer training and technical assistance,
 24 10 and for not more than the following full-time equivalent
 24 11 positions:  
 24 12 .................................................. $  1,145,287
 24 13 ............................................... FTEs      27.55
 24 14    2.  For salaries, support, maintenance, and miscellaneous
 24 15 purposes to provide statewide coordination of the drug abuse
 24 16 resistance education (D.A.R.E.) program:  
 24 17 .................................................. $     30,000
 24 18    3.  The Iowa law enforcement academy may annually select at
 24 19 least five automobiles of the department of public safety,
 24 20 division of highway safety, uniformed force, and radio
 24 21 communications, prior to turning over the automobiles to the
 24 22 state vehicle dispatcher to be disposed of by public auction
 24 23 and the Iowa law enforcement academy may exchange any
 24 24 automobile owned by the academy for each automobile selected
 24 25 if the selected automobile is used in training law enforcement
 24 26 officers at the academy.  However, any automobile exchanged by
 24 27 the academy shall be substituted for the selected vehicle of
 24 28 the department of public safety and sold by public auction
 24 29 with the receipts being deposited in the depreciation fund to
 24 30 the credit of the department of public safety, division of
 24 31 highway safety, uniformed force, and radio communications.
 24 32    Sec. 18.  BOARD OF PAROLE.  There is appropriated from the
 24 33 general fund of the state to the board of parole for the
 24 34 fiscal year beginning July 1, 1997, and ending June 30, 1998,
 24 35 the following amount, or so much thereof as is necessary, to
 25  1 be used for the purposes designated:
 25  2    For salaries, support, maintenance, including maintenance
 25  3 of an automated docket and the board's automated risk
 25  4 assessment model, employment of two statistical research
 25  5 analysts to assist with the application of the risk assessment
 25  6 model in the parole decision-making process, miscellaneous
 25  7 purposes, and for not more than the following full-time
 25  8 equivalent positions:  
 25  9 .................................................. $    924,802
 25 10 ............................................... FTEs      18.00
 25 11    A portion of the funds appropriated in this section shall
 25 12 be used to start a pilot program for probation violations in
 25 13 the sixth judicial district department of correctional
 25 14 services.  Data shall be maintained to evaluate the pilot
 25 15 program.
 25 16    Sec. 19.  DEPARTMENT OF PUBLIC DEFENSE.  There is
 25 17 appropriated from the general fund of the state to the
 25 18 department of public defense for the fiscal year beginning
 25 19 July 1, 1997, and ending June 30, 1998, the following amounts,
 25 20 or so much thereof as is necessary, to be used for the
 25 21 purposes designated:
 25 22    1.  MILITARY DIVISION
 25 23    For salaries, support, maintenance, miscellaneous purposes,
 25 24 and for not more than the following full-time equivalent
 25 25 positions:  
 25 26 .................................................. $  4,253,196
 25 27 ............................................... FTEs     227.26
 25 28    If there is a surplus in the general fund of the state for
 25 29 the fiscal year ending June 30, 1998, within 60 days after the
 25 30 close of the fiscal year, the military division may incur up
 25 31 to an additional $500,000 in expenditures from the surplus
 25 32 prior to transfer of the surplus pursuant to section 8.57.
 25 33    2.  EMERGENCY MANAGEMENT DIVISION
 25 34    For salaries, support, maintenance, miscellaneous purposes,
 25 35 and for not more than the following full-time equivalent
 26  1 positions:  
 26  2 .................................................. $    590,971
 26  3 ............................................... FTEs      15.25
 26  4    Sec. 20.  DEPARTMENT OF PUBLIC SAFETY.  There is
 26  5 appropriated from the general fund of the state to the
 26  6 department of public safety for the fiscal year beginning July
 26  7 1, 1997, and ending June 30, 1998, the following amounts, or
 26  8 so much thereof as is necessary, to be used for the purposes
 26  9 designated:
 26 10    1.  For the department's administrative functions,
 26 11 including the criminal justice information system, and for not
 26 12 more than the following full-time equivalent positions:  
 26 13 .................................................. $  2,272,374
 26 14 ............................................... FTEs      38.80
 26 15    2.  For the division of criminal investigation and bureau
 26 16 of identification including the state's contribution to the
 26 17 peace officers' retirement, accident, and disability system
 26 18 provided in chapter 97A in the amount of 17 percent of the
 26 19 salaries for which the funds are appropriated, to meet federal
 26 20 fund matching requirements, and for not more than the
 26 21 following full-time equivalent positions:  
 26 22 .................................................. $  9,975,859
 26 23 ............................................... FTEs     198.00
 26 24    Riverboat enforcement costs shall be billed in accordance
 26 25 with section 99F.10, subsection 4.  The costs shall be not
 26 26 more than the department's estimated expenditures, including
 26 27 salary adjustment, for riverboat enforcement for the fiscal
 26 28 year.
 26 29    The department of public safety, with the approval of the
 26 30 department of management, may employ no more than two special
 26 31 agents and four gaming enforcement officers for each
 26 32 additional riverboat regulated after March 31, 1997, and one
 26 33 special agent for each racing facility which becomes
 26 34 operational during the fiscal year which begins July 1, 1997.
 26 35 One additional gaming enforcement officer, up to a total of
 27  1 four per boat, may be employed for each riverboat that has
 27  2 extended operations to 24 hours and has not previously
 27  3 operated with a 24-hour schedule.  Positions authorized in
 27  4 this paragraph are in addition to the full-time equivalent
 27  5 positions authorized in this subsection.
 27  6    3.  a.  For the division of narcotics enforcement,
 27  7 including the state's contribution to the peace officers'
 27  8 retirement, accident, and disability system provided in
 27  9 chapter 97A in the amount of 17 percent of the salaries for
 27 10 which the funds are appropriated, to meet federal fund
 27 11 matching requirements, and for not more than the following
 27 12 full-time equivalent positions:  
 27 13 .................................................. $  2,573,278
 27 14 ............................................... FTEs      41.00
 27 15    b.  For the division of narcotics enforcement for
 27 16 undercover purchases:  
 27 17 .................................................. $    139,202
 27 18    4.  For the state fire marshal's office, including the
 27 19 state's contribution to the peace officers' retirement,
 27 20 accident, and disability system provided in chapter 97A in the
 27 21 amount of 17 percent of the salaries for which the funds are
 27 22 appropriated, and for not more than the following full-time
 27 23 equivalent positions:  
 27 24 .................................................. $  1,513,605
 27 25 ............................................... FTEs      31.80
 27 26    5.  For the capitol security division, including the
 27 27 state's contribution to the peace officers' retirement,
 27 28 accident, and disability system provided in chapter 97A in the
 27 29 amount of 17 percent of the salaries for which the funds are
 27 30 appropriated and for not more than the following full-time
 27 31 equivalent positions:  
 27 32 .................................................. $  1,244,094
 27 33 ............................................... FTEs      27.00
 27 34    6.  For costs associated with the maintenance of the
 27 35 automated fingerprint information system (AFIS):  
 28  1 .................................................. $    233,265
 28  2    7.  An employee of the department of public safety who
 28  3 retires after July 1, 1997, but prior to June 30, 1998, is
 28  4 eligible for payment of life or health insurance premiums as
 28  5 provided for in the collective bargaining agreement covering
 28  6 the public safety bargaining unit at the time of retirement if
 28  7 that employee previously served in a position which would have
 28  8 been covered by the agreement.  The employee shall be given
 28  9 credit for the service in that prior position as though it
 28 10 were covered by that agreement.  The provisions of this
 28 11 paragraph shall not operate to reduce any retirement benefits
 28 12 an employee may have earned under other collective bargaining
 28 13 agreements or retirement programs.
 28 14    8.  For costs associated with the training and equipment
 28 15 needs of volunteer fire fighters:  
 28 16 .................................................. $    548,792
 28 17    Notwithstanding section 8.33, moneys appropriated in this
 28 18 subsection which remain unobligated or unexpended at the close
 28 19 of the fiscal year shall not revert to the general fund of the
 28 20 state but shall remain available only for the purpose
 28 21 designated in this subsection in the succeeding fiscal year.  
 28 22    9.  For costs associated with supplies and support for DNA
 28 23 testing:  
 28 24 .................................................. $    100,000
 28 25    10.  For the state medical examiner and for not more than
 28 26 the following full-time equivalent positions:  
 28 27 .................................................. $    341,959
 28 28 ............................................... FTEs       4.00
 28 29    Any fees collected by the department of public safety for
 28 30 autopsies performed by the office of the state medical
 28 31 examiner shall be deposited in the general fund of the state.
 28 32    Sec. 21.  HIGHWAY SAFETY PATROL FUND.  There is
 28 33 appropriated from the highway safety patrol fund created in
 28 34 section 80.41 to the division of highway safety, uniformed
 28 35 force, and radio communications of the department of public
 29  1 safety, for the fiscal year beginning July 1, 1997, and ending
 29  2 June 30, 1998, the following amounts, or so much thereof as is
 29  3 necessary, to be used for the purposes designated:
 29  4    1.  For salaries, support, maintenance, workers'
 29  5 compensation costs, and miscellaneous purposes, including the
 29  6 state's contribution to the peace officers' retirement,
 29  7 accident, and disability system provided in chapter 97A in the
 29  8 amount of 17 percent of the salaries for which the funds are
 29  9 appropriated, and for not more than the following full-time
 29 10 equivalent positions:  
 29 11 .................................................. $ 35,099,662
 29 12 ............................................... FTEs     568.00
 29 13    It is the intent of the general assembly that, of the funds
 29 14 appropriated in this subsection, the division shall expend the
 29 15 amount necessary to provide the state match for the additional
 29 16 state troopers hired through the federal community-oriented
 29 17 policing services program and authorized pursuant to 1996 Iowa
 29 18 Acts, chapter 1216, section 22.  It is the intent of the
 29 19 general assembly that once federal moneys for this program
 29 20 end, the division shall present proposals to the governor and
 29 21 the general assembly for continued funding of the state
 29 22 troopers described in this paragraph and for consideration of
 29 23 reducing the number of state troopers through attrition, by
 29 24 the same number as the number of troopers added through the
 29 25 federal program.
 29 26    2.  The division of highway safety, uniformed force, and
 29 27 radio communications may expend an amount proportional to the
 29 28 costs that are reimbursable from the highway safety patrol
 29 29 fund created in section 80.41.  Spending for these costs may
 29 30 occur from any unappropriated funds in the state treasury upon
 29 31 a finding by the department of management that all of the
 29 32 amounts requested and approved are reimbursable from the
 29 33 highway safety patrol fund.  Upon payment to the highway
 29 34 safety patrol fund, the division of highway safety, uniformed
 29 35 force, and radio communications shall credit the payments
 30  1 necessary to reimburse the state treasury.
 30  2    3.  For payment to the department of personnel for expenses
 30  3 incurred in administering the merit system on behalf of the
 30  4 division of highway safety, uniformed force, and radio
 30  5 communications:  
 30  6 .................................................. $     44,195
 30  7    Sec. 22.  DEPARTMENT OF CORRECTIONS – FACILITY REMODELING
 30  8 FUND.  Notwithstanding sections 8.33, 8.39, and 602.8108A, the
 30  9 department of corrections shall direct the treasurer of state
 30 10 to transfer on June 30, 1997, $1,600,000 of the unused balance
 30 11 of funds in the Iowa prison infrastructure fund created in
 30 12 section 602.8108A, to a facility remodeling fund created in
 30 13 the state treasury and under the control of the department of
 30 14 corrections.  Moneys in the facility remodeling fund shall be
 30 15 used by the department solely for the purpose of remodeling a
 30 16 structure in the fifth judicial district department of
 30 17 correctional services for use as a residential facility.
 30 18    Sec. 23.  Section 602.1304, subsection 2, paragraphs b and
 30 19 c, Code 1997, are amended to read as follows:
 30 20    b.  For each fiscal year, a judicial collection estimate
 30 21 for that fiscal year shall be equally and proportionally
 30 22 divided into a quarterly amount.  The judicial collection
 30 23 estimate shall be calculated by using the state revenue
 30 24 estimating conference estimate made by December 15 pursuant to
 30 25 section 8.22A, subsection 3, of the total amount of fines,
 30 26 fees, civil penalties, costs, surcharges, and other revenues
 30 27 collected by judicial officers and court employees for deposit
 30 28 into the general fund of the state.  The revenue estimating
 30 29 conference estimate shall be reduced by the maximum amounts
 30 30 allocated to the Iowa prison infrastructure fund pursuant to
 30 31 section 602.8108A, and the court technology and modernization
 30 32 fund pursuant to section 602.8108, and the road use tax fund
 30 33 pursuant to section 602.8108, subsection 5, and the remainder
 30 34 shall be the judicial collection estimate.  In each quarter of
 30 35 a fiscal year, after revenues collected by judicial officers
 31  1 and court employees equal to that quarterly amount are
 31  2 deposited into the general fund of the state and after the
 31  3 required amount is deposited during the quarter into the Iowa
 31  4 prison infrastructure fund pursuant to section 602.8108A and
 31  5 into the court technology and modernization fund pursuant to
 31  6 section 602.8108, the director of revenue and finance shall
 31  7 deposit the remaining revenues for that quarter into the
 31  8 enhanced court collections fund in lieu of the general fund.
 31  9 However, after total deposits into the collections fund for
 31 10 the fiscal year are equal to the maximum deposit amount
 31 11 established for the collections fund, remaining revenues for
 31 12 that fiscal year shall be deposited into the general fund.  If
 31 13 the revenue estimating conference agrees to a different
 31 14 estimate at a later meeting which projects a lesser amount of
 31 15 revenue than the initial estimate amount used to calculate the
 31 16 judicial collection estimate, the director of revenue and
 31 17 finance shall recalculate the judicial collection estimate
 31 18 accordingly.  If the revenue estimating conference agrees to a
 31 19 different estimate at a later meeting which projects a greater
 31 20 amount of revenue than the initial estimate amount used to
 31 21 calculate the judicial collection estimate, the director of
 31 22 revenue and finance shall recalculate the judicial collection
 31 23 estimate accordingly but only to the extent that the greater
 31 24 amount is due to an increase in the fines, fees, civil
 31 25 penalties, costs, surcharges, or other revenues allowed by law
 31 26 to be collected by judicial officers and court employees.
 31 27    c.  Moneys in the collections fund shall be used by the
 31 28 judicial department for the Iowa court information system;
 31 29 records management equipment, services, and projects; other
 31 30 technological improvements; electronic legal research
 31 31 equipment, systems, and projects; and the study, development,
 31 32 and implementation of other technological improvements,
 31 33 innovations, and projects that would improve the
 31 34 administration of justice.  The moneys in the collection fund
 31 35 may also be used for capital improvements necessitated by the
 32  1 installation or connection with the Iowa court information
 32  2 system, the Iowa communications network, and other
 32  3 technological improvements approved by the department.
 32  4    Sec. 24.  Section 602.6201, subsection 10, Code 1997, is
 32  5 amended to read as follows:
 32  6    10.  Notwithstanding the formula for determining the number
 32  7 of judgeships in this section, the number of district judges
 32  8 shall not exceed one hundred eleven twelve during the period
 32  9 commencing July 1, 1996 1997.
 32 10    Sec. 25.  Section 905.12, unnumbered paragraph 2, Code
 32 11 1997, is amended to read as follows:
 32 12    Any balance remaining after deductions and payments shall
 32 13 be credited to the resident's personal account at the district
 32 14 department and shall be paid to the resident upon release.
 32 15 The deputy director of the department of corrections
 32 16 responsible for community-based correctional programs shall
 32 17 establish a plan to comply with the provisions of court orders
 32 18 entered pursuant to this section.
 32 19    Sec. 26.  1995 Iowa Acts, chapter 166, section 2, is
 32 20 amended to read as follows:
 32 21    SEC. 2.  DEVELOPMENT OF PLAN AND TRANSITION TO FULL WORK
 32 22 PROGRAMMING BY DEPARTMENT.  Notwithstanding section 1 of this
 32 23 Act, the department of corrections shall not be required to
 32 24 fully implement the requirements of section 904.701, until
 32 25 July 1, 1997 1998.  However, the department shall develop and
 32 26 implement a plan in consultation with state and local agencies
 32 27 and members of the private sector, which provides for the
 32 28 incremental implementation of the hard labor requirements
 32 29 contained in section 904.701, for each inmate who is
 32 30 physically and mentally able to perform hard labor and does
 32 31 not present an unreasonable security status, and who is not
 32 32 currently engaged in labor meeting the requirements.  The plan
 32 33 shall provide for implementation of hard labor work programs
 32 34 during the interval of time between the effective date of this
 32 35 Act and July 1, 1997 1998, with full implementation of the
 33  1 requirements of section 904.701 by July 1, 1997 1998, and may
 33  2 provide for the performance of work by inmates both inside and
 33  3 outside of the institutions under the control of the
 33  4 department.  The plan shall include a procedure for the
 33  5 determination of suitability of an inmate for the performance
 33  6 of hard labor and, if an inmate is found to be suitable, the
 33  7 placement of the inmate in an appropriate hard labor program.
 33  8 In selecting and developing work programs which are included
 33  9 within the plan, the department shall choose work programs
 33 10 which would require minimal additional administrative costs,
 33 11 which minimize the need for additional personnel, and which
 33 12 minimize the security risks to the general public.  The
 33 13 department shall submit a report to the general assembly on
 33 14 January 1, 1996 1998, outlining the progress made towards
 33 15 implementation of this Act.  The department shall also file a
 33 16 copy of the completed plan with the general assembly on
 33 17 January 1, 1997 1999.
 33 18    Sec. 27.  1996 Iowa Acts, chapter 1216, section 7,
 33 19 subsection 7, is amended to read as follows:
 33 20    7.  For funding of the criminal justice program at the
 33 21 university of northern Iowa:  
 33 22 .................................................. $    175,000
 33 23    Notwithstanding section 8.33, moneys appropriated in this
 33 24 subsection which remain unobligated or unexpended at the close
 33 25 of the fiscal year shall not revert to the general fund of the
 33 26 state but shall remain available only for the purpose
 33 27 designated in this subsection in the succeeding fiscal year.
 33 28    Sec. 28.  1996 Iowa Acts, chapter 1216, section 21,
 33 29 subsection 7, is amended to read as follows:
 33 30    7.  For costs associated with the training and equipment
 33 31 needs of volunteer fire fighters:  
 33 32 .................................................. $    875,000
 33 33    Notwithstanding section 8.33, moneys appropriated in this
 33 34 subsection which remain unobligated or unexpended at the close
 33 35 of the fiscal year shall not revert to the general fund of the
 34  1 state but shall remain available only for the purpose
 34  2 designated in this subsection in the succeeding fiscal year.
 34  3    Sec. 29.  LEGAL REPRESENTATION OF INDIGENTS – STUDY.  The
 34  4 legislative council is requested to establish an interim
 34  5 committee to study issues concerning the provision of legal
 34  6 representation to indigents.  The interim committee shall
 34  7 submit a report and recommendations to the general assembly by
 34  8 January 1, 1998.
 34  9    Sec. 30.  SENTENCING STUDY.  The legislative council is
 34 10 requested to establish an interim study committee to review
 34 11 current criminal penalties and sentencing practices, including
 34 12 but not limited to the effects of mandatory minimum penalties
 34 13 on sentencing practices and the effects of sentencing
 34 14 practices on inmate populations at state and adult and
 34 15 residential community-based correctional facilities.  The
 34 16 committee shall also conduct a comparative assessment of the
 34 17 relative penalties imposed for various crimes based not only
 34 18 on the threat posed by the prohibited criminal conduct, but
 34 19 also by the risk generally associated with particular criminal
 34 20 offenders.
 34 21    Sec. 31.  EFFECTIVE DATES.
 34 22    1.  Section 1, subsections 3 and 4, of this Act, relating
 34 23 to Iowa competition law or antitrust actions and to civil
 34 24 consumer fraud actions, being deemed of immediate importance,
 34 25 take effect upon enactment.
 34 26    2.  Section 5, subsection 13, relating to the availability
 34 27 of television to inmates in correctional facilities, being
 34 28 deemed of immediate importance, takes effect upon enactment.
 34 29    3.  Section 8 of this Act, relating to the encumbrance of
 34 30 certain moneys appropriated to the department of corrections
 34 31 for the fiscal year commencing July 1, 1996, being deemed of
 34 32 immediate importance, takes effect upon enactment.
 34 33    4.  Section 22 of this Act, relating to the Iowa prison
 34 34 infrastructure fund and the facility remodeling fund, being
 34 35 deemed of immediate importance, takes effect upon enactment.
 35  1    5.  Section 27 of this Act, relating to the funding of the
 35  2 criminal justice program at the university of northern Iowa,
 35  3 being deemed of immediate importance, takes effect upon
 35  4 enactment.  
 35  5 
 35  6 
 35  7                                                             
 35  8                               MARY E. KRAMER
 35  9                               President of the Senate
 35 10 
 35 11 
 35 12                                                             
 35 13                               RON J. CORBETT
 35 14                               Speaker of the House
 35 15 
 35 16    I hereby certify that this bill originated in the Senate and
 35 17 is known as Senate File 533, Seventy-seventh General Assembly.
 35 18 
 35 19 
 35 20                                                             
 35 21                               MARY PAT GUNDERSON
 35 22                               Secretary of the Senate
 35 23 Approved                , 1997
 35 24 
 35 25 
 35 26                         
 35 27 TERRY E. BRANSTAD
 35 28 Governor
     

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