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PAG LIN 1 1 Section 1. DEPARTMENT OF JUSTICE. There is appropriated 1 2 from the general fund of the state to the department of 1 3 justice for the fiscal year beginning July 1, 1997, and ending 1 4 June 30, 1998, 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 ................................................. $ 6,995,561 1 11 .............................................. FTEs 177.50 1 12 2. Prosecuting attorney training program for salaries, 1 13 support, maintenance, miscellaneous purposes, and for not more 1 14 than the following full-time equivalent positions: 1 15 ................................................. $ 269,392 1 16 .............................................. FTEs 6.00 1 17 a. In addition to the funds appropriated in this 1 18 subsection for the fiscal year beginning July 1, 1997, and 1 19 ending June 30, 1998, the attorney general shall provide up to 1 20 $41,000 in state matching funds from moneys retained by the 1 21 attorney general from property forfeited pursuant to section 1 22 809.13, for the prosecuting attorney training program, the 1 23 prosecuting intern program, or both. Counties participating 1 24 in the prosecuting intern program shall match the state funds. 1 25 b. 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, and the moneys retained by the attorney 1 28 general pursuant to paragraph "a", the attorney general shall 1 29 provide up to $10,000 in state matching funds from moneys 1 30 retained by the attorney general from property forfeited 1 31 pursuant to section 809.13, for the office of the prosecuting 1 32 attorneys training coordinator to use for continuation of the 1 33 domestic violence response enhancement program established in 1 34 accordance with 1992 Iowa Acts, chapter 1240, section 1, 1 35 subsection 2, paragraph "b". 2 1 c. The prosecuting attorneys training program shall use a 2 2 portion of the funds appropriated in this subsection for 2 3 educating and training prosecuting attorneys, as defined in 2 4 section 13A.1, in alternative dispute resolution techniques. 2 5 3. In addition to the funds appropriated in subsection 1, 2 6 there is appropriated from the general fund of the state to 2 7 the department of justice for the fiscal year beginning July 2 8 1, 1997, and ending June 30, 1998, an amount not exceeding 2 9 $200,000 to be used for the enforcement of the Iowa 2 10 competition law. The expenditure of the funds appropriated in 2 11 this subsection is contingent upon receipt by the general fund 2 12 of the state of an amount at least equal to either the 2 13 expenditures from damages awarded to the state or a political 2 14 subdivision of the state by a civil judgment under chapter 2 15 553, if the judgment authorizes the use of the award for 2 16 enforcement purposes or costs or attorneys fees awarded the 2 17 state in state or federal antitrust actions. However, if the 2 18 funds received as a result of these judgments are in excess of 2 19 $200,000, the excess funds shall not be appropriated to the 2 20 department of justice pursuant to this subsection. 2 21 4. In addition to the funds appropriated in subsection 1, 2 22 there is appropriated from the general fund of the state to 2 23 the department of justice for the fiscal year beginning July 2 24 1, 1997, and ending June 30, 1998, an amount not exceeding 2 25 $150,000 to be used for public education relating to consumer 2 26 fraud and for enforcement of section 714.16, and an amount not 2 27 exceeding $75,000 for investigation, prosecution, and consumer 2 28 education relating to consumer and criminal fraud against 2 29 older Iowans. The expenditure of the funds appropriated in 2 30 this subsection is contingent upon receipt by the general fund 2 31 of the state of an amount at least equal to the expenditures 2 32 from damages awarded to the state or a political subdivision 2 33 of the state by a civil consumer fraud judgment or settlement, 2 34 if the judgment or settlement authorizes the use of the award 2 35 for public education on consumer fraud. However, if the funds 3 1 received as a result of these judgments and settlements are in 3 2 excess of $225,000, the excess funds shall not be appropriated 3 3 to the department of justice pursuant to this subsection. 3 4 5. For victim assistance grants: 3 5 ................................................. $ 1,759,806 3 6 a. The funds appropriated in this subsection shall be used 3 7 to provide grants to care providers providing services to 3 8 crime victims of domestic abuse or to crime victims of rape 3 9 and sexual assault. 3 10 b. Notwithstanding section 8.33 or 8.39, any balance 3 11 remaining from the appropriation in this subsection shall not 3 12 revert to the general fund of the state but shall be available 3 13 for expenditure during the subsequent fiscal year for the same 3 14 purpose, and shall not be transferred to any other program. 3 15 6. For the GASA prosecuting attorney program and for not 3 16 more than the following full-time equivalent positions: 3 17 .................................................. $ 121,259 3 18 ............................................... FTEs 2.00 3 19 7. The balance of the victim compensation fund established 3 20 under section 912.14 may be used to provide salary and support 3 21 of not more than 13.00 FTEs and to provide maintenance for the 3 22 victim compensation functions of the department of justice. 3 23 8. The department of justice shall submit monthly 3 24 financial statements to the legislative fiscal bureau and the 3 25 department of management containing all appropriated accounts 3 26 in the same manner as provided in the monthly financial status 3 27 reports and personal services usage reports of the department 3 28 of revenue and finance. The monthly financial statements 3 29 shall include comparisons of the moneys and percentage spent 3 30 of budgeted to actual revenues and expenditures on a 3 31 cumulative basis for full-time equivalent positions and 3 32 available moneys. 3 33 9. a. The department of justice, in submitting budget 3 34 estimates for the fiscal year commencing July 1, 1998, 3 35 pursuant to section 8.23, shall include a report of funding 4 1 from sources other than amounts appropriated directly from the 4 2 general fund of the state to the department of justice or to 4 3 the office of consumer advocate. These funding sources shall 4 4 include, but are not limited to, reimbursements from other 4 5 state agencies, commissions, boards, or similar entities, and 4 6 reimbursements from special funds or internal accounts within 4 7 the department of justice. The department of justice shall 4 8 report actual reimbursements for the fiscal year commencing 4 9 July 1, 1996, and actual and expected reimbursements for the 4 10 fiscal year commencing July 1, 1997. 4 11 b. The department of justice shall include the report 4 12 required under paragraph "a", as well as information regarding 4 13 any revisions occurring as a result of reimbursements actually 4 14 received or expected at a later date, in a report to the co- 4 15 chairpersons and ranking members of the joint appropriations 4 16 subcommittee on the justice system and the legislative fiscal 4 17 bureau. The department of justice shall submit the report on 4 18 or before January 15, 1998. 4 19 10. For legal services for persons in poverty grants as 4 20 provided in section 13.34: 4 21 .................................................. $ 475,000 4 22 As a condition for accepting a grant funded pursuant to 4 23 this subsection, an organization receiving a grant shall 4 24 submit a report to the general assembly by January 1, 1998, 4 25 concerning the use of any grants received during the previous 4 26 fiscal year and efforts made by the organization to find 4 27 alternative sources of revenue to replace any reductions in 4 28 federal funding for the organization. 4 29 It is the intent of the general assembly that no moneys 4 30 shall be appropriated for this purpose for fiscal years 4 31 beginning on or after July 1, 1998. 4 32 Sec. 2. DEPARTMENT OF JUSTICE – ENVIRONMENTAL CRIMES 4 33 INVESTIGATION AND PROSECUTION – FUNDING. There is 4 34 appropriated from the environmental crime fund of the 4 35 department of justice, consisting of court-ordered fines and 5 1 penalties awarded to the department arising out of the 5 2 prosecution of environmental crimes, to the department of 5 3 justice for the fiscal year beginning July 1, 1997, and ending 5 4 June 30, 1998, an amount not exceeding $20,000 to be used by 5 5 the department, at the discretion of the attorney general, for 5 6 the investigation and prosecution of environmental crimes, 5 7 including the reimbursement of expenses incurred by county, 5 8 municipal, and other local governmental agencies cooperating 5 9 with the department in the investigation and prosecution of 5 10 environmental crimes. 5 11 The expenditure of the funds appropriated in this section 5 12 is contingent upon receipt by the environmental crime fund of 5 13 the department of justice of an amount at least equal to the 5 14 appropriations made in this section and received from 5 15 contributions, court-ordered restitution as part of judgments 5 16 in criminal cases, and consent decrees entered into as part of 5 17 civil or regulatory enforcement actions. However, if the 5 18 funds received during the fiscal year are in excess of 5 19 $20,000, the excess funds shall be deposited in the general 5 20 fund of the state. 5 21 Notwithstanding section 8.33, moneys appropriated in this 5 22 section which remain unexpended or unobligated at the close of 5 23 the fiscal year shall not revert to the general fund of the 5 24 state but shall remain available for expenditure for the 5 25 designated purpose in the succeeding fiscal year. 5 26 Sec. 3. OFFICE OF CONSUMER ADVOCATE. There is 5 27 appropriated from the general fund of the state to the office 5 28 of consumer advocate of the department of justice for the 5 29 fiscal year beginning July 1, 1997, and ending June 30, 1998, 5 30 the following amount, or so much thereof as is necessary, to 5 31 be used for the purposes designated: 5 32 For salaries, support, maintenance, miscellaneous purposes, 5 33 and for not more than the following full-time equivalent 5 34 positions: 5 35 .................................................. $ 2,372,826 6 1 ............................................... FTEs 32.00 6 2 Sec. 4. DEPARTMENT OF CORRECTIONS – FACILITIES. There is 6 3 appropriated from the general fund of the state to the 6 4 department of corrections for the fiscal year beginning July 6 5 1, 1997, and ending June 30, 1998, the following amounts, or 6 6 so much thereof as is necessary, to be used for the purposes 6 7 designated: 6 8 1. For the operation of adult correctional institutions, 6 9 to be allocated as follows: 6 10 a. For the operation of the Fort Madison correctional 6 11 facility, including salaries, support, maintenance, employment 6 12 of correctional officers, miscellaneous purposes, and for not 6 13 more than the following full-time equivalent positions: 6 14 .................................................. $ 27,618,153 6 15 ............................................... FTEs 507.97 6 16 b. For the operation of the Anamosa correctional facility, 6 17 including salaries, support, maintenance, employment of 6 18 correctional officers and a part-time chaplain to provide 6 19 religious counseling to inmates of a minority race, 6 20 miscellaneous purposes, and for not more than the following 6 21 full-time equivalent positions: 6 22 .................................................. $ 20,888,037 6 23 ............................................... FTEs 384.75 6 24 Moneys are provided within this appropriation for two full- 6 25 time substance abuse counselors for the Luster Heights 6 26 facility, for the purpose of certification of a substance 6 27 abuse program at that facility. 6 28 c. For the operation of the Oakdale correctional facility, 6 29 including salaries, support, maintenance, employment of 6 30 correctional officers, miscellaneous purposes, and for not 6 31 more than the following full-time equivalent positions: 6 32 .................................................. $ 17,284,751 6 33 ............................................... FTEs 334.30 6 34 d. For the operation of the Newton correctional facility, 6 35 including salaries, support, maintenance, employment of 7 1 correctional officers, miscellaneous purposes, and for not 7 2 more than the following full-time equivalent positions: 7 3 .................................................. $ 19,251,272 7 4 ............................................... FTEs 375.75 7 5 e. For the operation of the Mt. Pleasant correctional 7 6 facility, including salaries, support, maintenance, employment 7 7 of correctional officers and a full-time chaplain to provide 7 8 religious counseling at the Oakdale and Mt. Pleasant 7 9 correctional facilities, miscellaneous purposes, and for not 7 10 more than the following full-time equivalent positions: 7 11 .................................................. $ 14,911,431 7 12 ............................................... FTEs 289.32 7 13 f. For the operation of the Rockwell City correctional 7 14 facility, including salaries, support, maintenance, employment 7 15 of correctional officers, miscellaneous purposes, and for not 7 16 more than the following full-time equivalent positions: 7 17 .................................................. $ 5,950,292 7 18 ............................................... FTEs 115.00 7 19 g. For the operation of the Clarinda correctional 7 20 facility, including salaries, support, maintenance, employment 7 21 of correctional officers, miscellaneous purposes, and for not 7 22 more than the following full-time equivalent positions: 7 23 .................................................. $ 15,441,395 7 24 ............................................... FTEs 263.00 7 25 Moneys received by the department of corrections as 7 26 reimbursement for services provided to the Clarinda youth 7 27 corporation are appropriated to the department and shall be 7 28 used for the purpose of operating the Clarinda correctional 7 29 facility. 7 30 h. For the operation of the Mitchellville 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 .................................................. $ 7,138,684 7 35 ............................................... FTEs 146.00 8 1 i. For the operation of the Fort Dodge correctional 8 2 facility, including salaries, support, maintenance, employment 8 3 of correctional officers, miscellaneous purposes, and for not 8 4 more than the following full-time equivalent positions: 8 5 .................................................. $ 9,540,122 8 6 ............................................... FTEs 149.00 8 7 2. a. If the inmate tort claim fund for inmate claims of 8 8 less than $100 is exhausted during the fiscal year, sufficient 8 9 funds shall be transferred from the institutional budgets to 8 10 pay approved tort claims for the balance of the fiscal year. 8 11 The warden or superintendent of each institution or 8 12 correctional facility shall designate an employee to receive, 8 13 investigate, and recommend whether to pay any properly filed 8 14 inmate tort claim for less than the above amount. The 8 15 designee's recommendation shall be approved or denied by the 8 16 warden or superintendent and forwarded to the department of 8 17 corrections for final approval and payment. The amounts 8 18 appropriated to this fund pursuant to 1987 Iowa Acts, chapter 8 19 234, section 304, subsection 2, are not subject to reversion 8 20 under section 8.33. 8 21 b. Tort claims denied at the institution shall be 8 22 forwarded to the state appeal board for their consideration as 8 23 if originally filed with that body. This procedure shall be 8 24 used in lieu of chapter 669 for inmate tort claims of less 8 25 than $100. 8 26 3. The department of corrections is authorized to 8 27 construct a 200-bed living unit at the Mitchellville 8 28 correctional facility utilizing federal grant moneys received 8 29 by the department for this purpose. 8 30 Sec. 5. DEPARTMENT OF CORRECTIONS – ADMINISTRATION. 8 31 There is appropriated from the general fund of the state to 8 32 the department of corrections for the fiscal year beginning 8 33 July 1, 1997, and ending June 30, 1998, the following amounts, 8 34 or so much thereof as is necessary, to be used for the 8 35 purposes designated: 9 1 1. For general administration, including salaries, 9 2 support, maintenance, employment of an education director and 9 3 clerk to administer a centralized education program for the 9 4 correctional system, miscellaneous purposes, and for not more 9 5 than the following full-time equivalent positions: 9 6 .................................................. $ 2,024,844 9 7 ............................................... FTEs 37.18 9 8 The department shall monitor the use of the classification 9 9 model by the judicial district departments of correctional 9 10 services and has the authority to override a district 9 11 department's decision regarding classification of community- 9 12 based clients. The department shall notify a district 9 13 department of the reasons for the override. 9 14 It is the intent of the general assembly that as a 9 15 condition of receiving the appropriation provided in this 9 16 subsection, the department of corrections shall not enter into 9 17 a new contract, unless the contract is a renewal of an 9 18 existing contract, for the expenditure of moneys in excess of 9 19 $100,000 during the fiscal year beginning July 1, 1997, for 9 20 the privatization of services performed by the department 9 21 using state employees as of July 1, 1997, or for the 9 22 privatization of new services by the department, without prior 9 23 consultation with any applicable state employee organization 9 24 affected by the proposed new contract and prior notification 9 25 of the co-chairpersons and ranking members of the joint 9 26 appropriations subcommittee on the justice system. 9 27 It is the intent of the general assembly that the 9 28 department of general services shall, notwithstanding any 9 29 provisions of law or rule to the contrary, permit the 9 30 department of corrections the opportunity to acquire, at no 9 31 cost, computers that would otherwise be disposed of by the 9 32 department of general services. The department of corrections 9 33 shall use computers acquired under this paragraph to provide 9 34 educational training and programs for inmates. 9 35 2. For reimbursement of counties for temporary confinement 10 1 of work release and parole violators, as provided in sections 10 2 901.7, 904.908, and 906.17 and for offenders confined pursuant 10 3 to section 904.513: 10 4 .................................................. $ 524,038 10 5 3. For federal prison reimbursement, reimbursements for 10 6 out-of-state placements, and miscellaneous contracts: 10 7 .................................................. $ 341,334 10 8 The department of corrections shall use funds appropriated 10 9 in this subsection to continue to contract for the services of 10 10 a Muslim imam. 10 11 4. For salaries, support, maintenance, miscellaneous 10 12 purposes, and for not more than the following full-time 10 13 equivalent positions at the correctional training center at 10 14 Mt. Pleasant: 10 15 .................................................. $ 463,128 10 16 ............................................... FTEs 8.16 10 17 5. For annual payment relating to the financial 10 18 arrangement for the construction of expansion in prison 10 19 capacity as provided in 1989 Iowa Acts, chapter 316, section 10 20 7, subsection 6: 10 21 .................................................. $ 625,860 10 22 6. For annual payment relating to the financial 10 23 arrangement for the construction of expansion in prison 10 24 capacity as provided in 1990 Iowa Acts, chapter 1257, section 10 25 24: 10 26 .................................................. $ 3,186,275 10 27 7. For educational programs for inmates at state penal 10 28 institutions: 10 29 .................................................. $ 2,950,600 10 30 It is the intent of the general assembly that moneys 10 31 appropriated in this subsection shall be used solely for the 10 32 purpose indicated and that the moneys shall not be transferred 10 33 for any other purpose. In addition, it is the intent of the 10 34 general assembly that the department shall consult with the 10 35 community colleges in the areas in which the institutions are 11 1 located to utilize moneys appropriated in this subsection to 11 2 fund the high school completion, high school equivalency 11 3 diploma, adult literacy, and adult basic education programs in 11 4 a manner so as to maintain these programs at the institutions. 11 5 Notwithstanding section 8.33, moneys appropriated in this 11 6 subsection which remain unobligated or unexpended at the close 11 7 of the fiscal year shall not revert to the general fund of the 11 8 state but shall remain available only for the purposes 11 9 designated in this subsection in the succeeding fiscal year. 11 10 8. The department of corrections shall submit a report to 11 11 the general assembly on January 1, 1998, concerning progress 11 12 made in implementing the requirements of section 904.701, 11 13 concerning hard labor by inmates. 11 14 9. The department of corrections shall study and consider 11 15 the adoption of new guidelines concerning the transportation 11 16 of inmates. The study may consider the use of the federal 11 17 marshal transportation services. The department shall submit 11 18 a report to the general assembly by January 15, 1998, 11 19 concerning the results of the study, including information 11 20 concerning the costs associated with the recommendations. 11 21 10. The department of corrections shall study and consider 11 22 the implementation of a computer database to provide inmate 11 23 case management and offender profiling to better identify, 11 24 track, and assist inmates of the correctional institutions. 11 25 11. It is the intent of the general assembly that the 11 26 department of corrections connect all of its correctional 11 27 facilities to the Iowa communications network (ICN). 11 28 12. It is the intent of the general assembly that the 11 29 department of corrections shall continue to operate the 11 30 correctional farms at Fort Madison as minimum security living 11 31 units and shall further attempt to provide meaningful job 11 32 opportunities for inmates at the living units. 11 33 Sec. 6. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 11 34 SERVICES. 11 35 1. There is appropriated from the general fund of the 12 1 state to the department of corrections for the fiscal year 12 2 beginning July 1, 1997, and ending June 30, 1998, the 12 3 following amounts, or so much thereof as is necessary, to be 12 4 allocated as follows: 12 5 a. For the first judicial district department of 12 6 correctional services, including the treatment and supervision 12 7 of probation and parole violators who have been released from 12 8 the department of corrections violator program, the following 12 9 amount, or so much thereof as is necessary: 12 10 .................................................. $ 7,157,999 12 11 (1) The district department shall continue the intensive 12 12 supervision program established within the district in 1988 12 13 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 12 14 "a", and the sex offender treatment program established within 12 15 the district in 1989 Iowa Acts, chapter 316, section 8, 12 16 subsection 1, paragraph "a". 12 17 (2) The district department, in cooperation with the chief 12 18 judge of the judicial district, shall continue the 12 19 implementation of a plan to divert low-risk offenders to the 12 20 least restrictive sanction available. 12 21 b. For the second judicial district department of 12 22 correctional services, including the treatment and supervision 12 23 of probation and parole violators who have been released from 12 24 the department of corrections violator program, the following 12 25 amount, or so much thereof as is necessary: 12 26 .................................................. $ 5,729,149 12 27 (1) The district department shall continue the sex 12 28 offender treatment program established within the district in 12 29 1988 Iowa Acts, chapter 1271, section 6, subsection 1, 12 30 paragraph "b". 12 31 (2) The district department, in cooperation with the chief 12 32 judge of the judicial district, shall continue the 12 33 implementation of a plan to divert low-risk offenders to the 12 34 least restrictive sanction available. 12 35 c. For the third judicial district department of 13 1 correctional services, including the treatment and supervision 13 2 of probation and parole violators who have been released from 13 3 the department of corrections violator program, the following 13 4 amount, or so much thereof as is necessary: 13 5 .................................................. $ 3,465,497 13 6 (1) The district department shall continue the sex 13 7 offender treatment program established within the district in 13 8 1988 Iowa Acts, chapter 1271, section 6, subsection 1, 13 9 paragraph "c", and the intensive supervision program 13 10 established within the district in 1990 Iowa Acts, chapter 13 11 1268, section 6, subsection 3, paragraph "d". 13 12 (2) The district department, in cooperation with the chief 13 13 judge of the judicial district, shall continue the 13 14 implementation of a plan to divert low-risk offenders to the 13 15 least restrictive sanction available. 13 16 d. For the fourth judicial district department of 13 17 correctional services, including the treatment and supervision 13 18 of probation and parole violators who have been released from 13 19 the department of corrections violator program, the following 13 20 amount, or so much thereof as is necessary: 13 21 .................................................. $ 2,664,415 13 22 (1) The district department shall continue the sex 13 23 offender treatment program established within the district in 13 24 1988 Iowa Acts, chapter 1271, section 6, subsection 1, 13 25 paragraph "d". 13 26 (2) The district department, in cooperation with the chief 13 27 judge of the judicial district, shall continue the 13 28 implementation of a plan to divert low-risk offenders to the 13 29 least restrictive sanction available. 13 30 e. For the fifth judicial district department of 13 31 correctional services, including the treatment and supervision 13 32 of probation and parole violators who have been released from 13 33 the department of corrections violator program, the following 13 34 amount, or so much thereof as is necessary: 13 35 .................................................. $ 9,339,723 14 1 (1) The district department shall continue the intensive 14 2 supervision program established within the district in 1988 14 3 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 14 4 "e", and shall continue to provide for the rental of 14 5 electronic monitoring equipment. 14 6 (2) The district department, in cooperation with the chief 14 7 judge of the judicial district, shall continue the 14 8 implementation of a plan to divert low-risk offenders to the 14 9 least restrictive sanction available. 14 10 f. For the sixth judicial district department of 14 11 correctional services, including the treatment and supervision 14 12 of probation and parole violators who have been released from 14 13 the department of corrections violator program, the following 14 14 amount, or so much thereof as is necessary: 14 15 .................................................. $ 7,271,360 14 16 (1) The district department shall continue the intensive 14 17 supervision program established within the district in 1988 14 18 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 14 19 "f", and the sex offender treatment program established within 14 20 the district in 1989 Iowa Acts, chapter 316, section 8, 14 21 subsection 1, paragraph "f". 14 22 (2) The district department, in cooperation with the chief 14 23 judge of the judicial district, shall continue the 14 24 implementation of a plan to divert low-risk offenders to the 14 25 least restrictive sanction available. 14 26 (3) The district department shall continue the 14 27 implementation of a plan providing for the expanded use of 14 28 intermediate criminal sanctions, as provided in 1993 Iowa 14 29 Acts, chapter 171, section 6, subsection 1, paragraph "f", 14 30 subparagraph (3). 14 31 g. For the seventh judicial district department of 14 32 correctional services, including the treatment and supervision 14 33 of probation and parole violators who have been released from 14 34 the department of corrections violator program, the following 14 35 amount, or so much thereof as is necessary: 15 1 .................................................. $ 4,599,542 15 2 (1) The district department shall continue the intensive 15 3 supervision program established within the district in 1988 15 4 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 15 5 "g", and shall continue the sex offender treatment program 15 6 established within the district in 1989 Iowa Acts, chapter 15 7 316, section 8, subsection 1, paragraph "g". 15 8 (2) The district department shall continue the job 15 9 development program established within the district in 1990 15 10 Iowa Acts, chapter 1268, section 6, subsection 7, paragraph 15 11 "e". 15 12 (3) The district department, in cooperation with the chief 15 13 judge of the judicial district, shall continue the 15 14 implementation of a plan to divert low-risk offenders to the 15 15 least restrictive sanction available. 15 16 h. For the eighth judicial district department of 15 17 correctional services, including the treatment and supervision 15 18 of probation and parole violators who have been released from 15 19 the department of corrections violator program, the following 15 20 amount, or so much thereof as is necessary: 15 21 .................................................. $ 4,286,894 15 22 (1) The district department shall continue the intensive 15 23 supervision program established within the district in 1988 15 24 Iowa Acts, chapter 1271, section 6, subsection 1, paragraph 15 25 "h", and shall continue the sex offender treatment program 15 26 established within the district in 1989 Iowa Acts, chapter 15 27 316, section 8, subsection 1, paragraph "h". 15 28 (2) The district department, in cooperation with the chief 15 29 judge of the judicial district, shall continue the 15 30 implementation of a plan to divert low-risk offenders to the 15 31 least restrictive sanction available. 15 32 i. For the department of corrections for the assistance 15 33 and support of each judicial district department of 15 34 correctional services, the following amount, or so much 15 35 thereof as is necessary: 16 1 .................................................. $ 83,576 16 2 2. The department of corrections shall continue to 16 3 contract with a judicial district department of correctional 16 4 services to provide for the rental of electronic monitoring 16 5 equipment which shall be available statewide. 16 6 3. Each judicial district department of correctional 16 7 services and the department of corrections shall continue the 16 8 treatment alternatives to street crime programs established in 16 9 1989 Iowa Acts, chapter 225, section 9. 16 10 4. The governor's alliance on substance abuse shall 16 11 consider federal grants made to the department of corrections 16 12 for the benefit of each of the eight judicial district 16 13 departments of correctional services as local government 16 14 grants, as defined pursuant to federal regulations. 16 15 5. Each judicial district department of correctional 16 16 services shall provide a report concerning the treatment and 16 17 supervision of probation and parole violators who have been 16 18 released from the department of corrections violator program, 16 19 to the co-chairpersons and ranking members of the joint 16 20 appropriations subcommittee on the justice system and the 16 21 legislative fiscal bureau, on or before January 15, 1998. 16 22 6. It is the intent of the general assembly that each 16 23 judicial district department of correctional services shall 16 24 operate the community-based correctional facilities in a 16 25 manner which provides for a residential population of at least 16 26 110 percent of the design capacity of the facility. 16 27 7. In addition to the requirements of section 8.39, the 16 28 department of corrections shall not make an intradepartmental 16 29 transfer of moneys appropriated to the department, unless 16 30 notice of the intradepartmental transfer is given prior to its 16 31 effective date to the legislative fiscal bureau. The notice 16 32 shall include information on the department's rationale for 16 33 making the transfer and details concerning the work load and 16 34 performance measures upon which the transfers are based. 16 35 Sec. 7. CORRECTIONAL INSTITUTIONS – VOCATIONAL TRAINING. 17 1 The state prison industries board and the department of 17 2 corrections shall continue the implementation of a plan to 17 3 enhance vocational training opportunities within the 17 4 correctional institutions listed in section 904.102, as 17 5 provided in 1993 Iowa Acts, chapter 171, section 12. The plan 17 6 shall provide for increased vocational training opportunities 17 7 within the correctional institutions, including the 17 8 possibility of approving community college credit for inmates 17 9 working in prison industries. The department of corrections 17 10 shall provide a report concerning the implementation of the 17 11 plan to the co-chairpersons and ranking members of the joint 17 12 appropriations subcommittee on the justice system and the 17 13 legislative fiscal bureau, on or before January 15, 1998. 17 14 It is the intent of the general assembly that each 17 15 correctional facility make all reasonable efforts to maintain 17 16 vocational education programs for inmates and to identify 17 17 available funding sources to continue these programs. The 17 18 department of corrections shall submit a report to the general 17 19 assembly by January 1, 1998, concerning the efforts made by 17 20 each correctional facility in maintaining vocational education 17 21 programs for inmates. 17 22 Sec. 8. APPROPRIATIONS TO THE DEPARTMENT OF CORRECTIONS – 17 23 MONEYS ENCUMBERED – PRIORITIES. 17 24 1. Notwithstanding any other provision of law to the 17 25 contrary, moneys appropriated to the department of corrections 17 26 pursuant to 1996 Iowa Acts, chapter 1216, sections 6, 7, and 17 27 8, shall be considered encumbered pursuant to section 8.33, 17 28 and shall not revert to the general fund of the state 17 29 following the close of the fiscal year commencing July 1, 17 30 1996. As used in this section, unless the context otherwise 17 31 requires, "encumbered funds" means the moneys appropriated to 17 32 the department of corrections pursuant to 1996 Iowa Acts, 17 33 chapter 1216, sections 6, 7, and 8, which would otherwise 17 34 revert to the general fund of the state following the close of 17 35 the fiscal year in which the moneys were appropriated, but for 18 1 the prohibition contained in this section. 18 2 2. The department of corrections shall use encumbered 18 3 funds in the fiscal year commencing July 1, 1997, to fund up 18 4 to an additional 50 FTEs for the employment of correctional 18 5 officers in the correctional institutions specified in section 18 6 904.102, and to purchase surveillance cameras and other 18 7 necessary surveillance or safety equipment for use in 18 8 correctional institutions. The full-time equivalent positions 18 9 authorized in this section for the employment of correctional 18 10 officers and the funding provided for the purchase of 18 11 equipment are in addition to any full-time equivalent 18 12 positions authorized or equipment funded in section 4 of this 18 13 Act, providing appropriations for department of corrections 18 14 facilities. The department of corrections shall use its 18 15 discretion in distributing the additional correctional 18 16 officers and equipment throughout the correctional facilities. 18 17 The department of corrections shall file a report with the 18 18 department of management concerning correctional officer 18 19 positions filled and critically needed safety equipment 18 20 purchased from encumbered funds provided under this section. 18 21 If the department is able to fund an additional 50 FTEs for 18 22 the employment of correctional officers pursuant to this 18 23 section and to purchase all critically needed safety 18 24 equipment, any remaining funds shall be unencumbered and shall 18 25 revert to the general fund of the state at the close of the 18 26 fiscal year commencing July 1, 1997. 18 27 Sec. 9. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 18 28 1. As used in this section, unless the context otherwise 18 29 requires, "state agency" means the government of the state of 18 30 Iowa, including but not limited to all executive departments, 18 31 agencies, boards, bureaus, and commissions, the judicial 18 32 department, the general assembly and all legislative agencies, 18 33 institutions within the purview of the state board of regents, 18 34 and any corporation whose primary function is to act as an 18 35 instrumentality of the state. 19 1 2. State agencies are hereby encouraged to purchase 19 2 products from Iowa state industries, as defined in section 19 3 904.802, when purchases are required and the products are 19 4 available from Iowa state industries. 19 5 3. State agencies shall submit to the legislative fiscal 19 6 bureau by January 15, 1998, a report of the dollar value of 19 7 products and services purchased from Iowa state industries by 19 8 the state agency during the fiscal year beginning July 1, 19 9 1996, and ending June 30, 1997. 19 10 Sec. 10. STATE PUBLIC DEFENDER. There is appropriated 19 11 from the general fund of the state to the office of the state 19 12 public defender of the department of inspections and appeals 19 13 for the fiscal year beginning July 1, 1997, and ending June 19 14 30, 1998, the following amount, or so much thereof as is 19 15 necessary, for the purposes designated: 19 16 .................................................. $ 33,087,035 19 17 The funds appropriated and full-time equivalent positions 19 18 authorized in this section are allocated as follows: 19 19 1. For salaries, support, maintenance, and miscellaneous 19 20 purposes, and for not more than the following full-time 19 21 equivalent positions: 19 22 .................................................. $ 12,300,519 19 23 ............................................... FTEs 199.00 19 24 2. For the fees of court-appointed attorneys for indigent 19 25 adults and juveniles, notwithstanding section 232.141 and 19 26 chapter 815: 19 27 .................................................. $ 20,786,516 19 28 Sec. 11. JUDICIAL DEPARTMENT. There is appropriated from 19 29 the general fund of the state to the judicial department for 19 30 the fiscal year beginning July 1, 1997, and ending June 30, 19 31 1998, the following amounts, or so much thereof as is 19 32 necessary, to be used for the purposes designated: 19 33 1. For salaries of supreme court justices, appellate court 19 34 judges, district court judges, district associate judges, 19 35 judicial magistrates and staff, state court administrator, 20 1 clerk of the supreme court, district court administrators, 20 2 clerks of the district court, juvenile court officers, board 20 3 of law examiners and board of examiners of shorthand reporters 20 4 and judicial qualifications commission, receipt and 20 5 disbursement of child support payments, reimbursement of the 20 6 auditor of state for expenses incurred in completing audits of 20 7 the offices of the clerks of the district court during the 20 8 fiscal year beginning July 1, 1997, and maintenance, 20 9 equipment, and miscellaneous purposes: 20 10 .................................................. $ 95,267,213 20 11 a. The judicial department, except for purposes of 20 12 internal processing, shall use the current state budget 20 13 system, the state payroll system, and the Iowa finance and 20 14 accounting system in administration of programs and payments 20 15 for services, and shall not duplicate the state payroll, 20 16 accounting, and budgeting systems. 20 17 b. The judicial department shall submit monthly financial 20 18 statements to the legislative fiscal bureau and the department 20 19 of management containing all appropriated accounts in the same 20 20 manner as provided in the monthly financial status reports and 20 21 personal services usage reports of the department of revenue 20 22 and finance. The monthly financial statements shall include a 20 23 comparison of the dollars and percentage spent of budgeted 20 24 versus actual revenues and expenditures on a cumulative basis 20 25 for full-time equivalent positions and dollars. 20 26 c. It is the intent of the general assembly that counties 20 27 installing new telephone systems shall provide those systems 20 28 to all judicial department offices within the county at no 20 29 cost. 20 30 d. Of the funds appropriated in this subsection, not more 20 31 than $1,897,728 may be transferred into the revolving fund 20 32 established pursuant to section 602.1302, subsection 3, to be 20 33 used for the payment of jury and witness fees and mileage. 20 34 e. The judicial department shall focus efforts upon the 20 35 collection of delinquent fines, penalties, court costs, fees, 21 1 surcharges, or similar amounts. 21 2 f. It is the intent of the general assembly that the 21 3 offices of the clerks of the district court operate in all 21 4 ninety-nine counties and be accessible to the public as much 21 5 as is reasonably possible in order to address the relative 21 6 needs of the citizens of each county. 21 7 g. In addition to the requirements for transfers under 21 8 section 8.39, the judicial department shall not change the 21 9 appropriations from the amounts appropriated to the department 21 10 in this Act, unless notice of the revisions is given prior to 21 11 their effective date to the legislative fiscal bureau. The 21 12 notice shall include information on the department's rationale 21 13 for making the changes and details concerning the work load 21 14 and performance measures upon which the changes are based. 21 15 h. The judicial department shall provide a report 21 16 semiannually to the co-chairpersons and ranking members of the 21 17 joint appropriations subcommittee on the justice system and to 21 18 the legislative fiscal bureau specifying the amounts of fines, 21 19 surcharges, and court costs collected using the Iowa court 21 20 information system. The report shall demonstrate and specify 21 21 how the Iowa court information system is used to improve the 21 22 collection process. 21 23 The report required by this lettered paragraph shall be 21 24 made by January 15, 1998, for the additional counties added to 21 25 the system by 1996 Iowa Acts, chapter 1216, indicating whether 21 26 the counties have reduced uncollected court fines and fees by 21 27 50 percent as a result of being added to the system. 21 28 i. The judicial department shall provide a report to the 21 29 general assembly by January 1, 1998, concerning the amounts 21 30 received and expended from the enhanced court collections fund 21 31 created in section 602.1304 and the court technology and 21 32 modernization fund created in section 602.8108, subsection 4, 21 33 during the fiscal year beginning July 1, 1996, and ending June 21 34 30, 1997, and the plans for expenditures from each fund during 21 35 the fiscal year beginning July 1, 1997, and ending June 30, 22 1 1998. 22 2 2. For the juvenile victim restitution program: 22 3 .................................................. $ 155,396 22 4 Sec. 12. COURT TECHNOLOGY AND MODERNIZATION FUND – 22 5 DISTRIBUTION. Of the moneys collected and deposited in the 22 6 court technology and modernization fund established in section 22 7 602.8108 in the fiscal year beginning July 1, 1997, $58,333 22 8 shall be expended for the implementation of the criminal 22 9 justice improvement network (CJIN) and up to $45,000 shall be 22 10 expended for the data warehousing project. 22 11 Sec. 13. ENHANCED COURT COLLECTIONS FUND – DISTRIBUTION. 22 12 Of the moneys collected and deposited in the enhanced court 22 13 collections fund created in section 602.1304, the first 22 14 $50,000 deposited in the fund in the fiscal year beginning 22 15 July 1, 1997, shall be expended by the judicial department to 22 16 provide federal matching funds for the Iowa supreme court 22 17 improvement project for child in need of assistance cases. 22 18 Sec. 14. JUDICIAL RETIREMENT FUND. There is appropriated 22 19 from the general fund of the state to the judicial retirement 22 20 fund for the fiscal year beginning July 1, 1997, and ending 22 21 June 30, 1998, the following amount, or so much thereof as is 22 22 necessary, to be used for the purpose designated: 22 23 For the state's contribution to the judicial retirement 22 24 fund established in section 602.9104, in the amount of 23.7 22 25 percent of the basic salaries of the judges covered under 22 26 chapter 602, article 9: 22 27 .................................................. $ 3,806,457 22 28 Sec. 15. INDIGENT DEFENSE COSTS. The supreme court shall 22 29 submit a written report for the preceding fiscal year no later 22 30 than January 1, 1998, indicating the amounts collected 22 31 pursuant to section 815.9A, relating to recovery of indigent 22 32 defense costs. The report shall include the total amount 22 33 collected by all courts, as well as the amounts collected by 22 34 each judicial district. The supreme court shall also submit a 22 35 written report quarterly indicating the number of criminal and 23 1 juvenile filings which occur in each judicial district for 23 2 purposes of estimating indigent defense costs. A copy of each 23 3 report shall be provided to the public defender, the 23 4 department of management, and the legislative fiscal bureau. 23 5 The judicial department shall continue to assist in the 23 6 development of an automated data system for use in the sharing 23 7 of information utilizing the generic program interface for 23 8 legislative and executive branch uses. 23 9 Sec. 16. AUTOMATED DATA SYSTEM. The department of 23 10 corrections, judicial district departments of correctional 23 11 services, board of parole, and the judicial department shall 23 12 continue to develop an automated data system for use in the 23 13 sharing of information between the department of corrections, 23 14 judicial district departments of correctional services, board 23 15 of parole, and the judicial department. The information to be 23 16 shared shall concern any individual who may, as the result of 23 17 an arrest or infraction of any law, be subject to the 23 18 jurisdiction of the department of corrections, judicial 23 19 district departments of correctional services, or board of 23 20 parole. The department of corrections, in consultation and 23 21 cooperation with the judicial district departments of 23 22 correctional services, the board of parole, and the judicial 23 23 department, shall provide a report concerning the development 23 24 of the automated data system to the co-chairpersons and 23 25 ranking members of the joint appropriations subcommittee on 23 26 the justice system and the legislative fiscal bureau, on or 23 27 before January 15, 1997. 23 28 Sec. 17. IOWA LAW ENFORCEMENT ACADEMY. There is 23 29 appropriated from the general fund of the state to the Iowa 23 30 law enforcement academy for the fiscal year beginning July 1, 23 31 1997, and ending June 30, 1998, the following amounts, or so 23 32 much thereof as is necessary, to be used for the purposes 23 33 designated: 23 34 1. For salaries, support, maintenance, miscellaneous 23 35 purposes, including jailer training and technical assistance, 24 1 and for not more than the following full-time equivalent 24 2 positions: 24 3 .................................................. $ 1,145,287 24 4 ............................................... FTEs 27.55 24 5 2. For salaries, support, maintenance, and miscellaneous 24 6 purposes to provide statewide coordination of the drug abuse 24 7 resistance education (D.A.R.E.) program: 24 8 .................................................. $ 30,000 24 9 3. The Iowa law enforcement academy may annually select at 24 10 least five automobiles of the department of public safety, 24 11 division of highway safety, uniformed force, and radio 24 12 communications, prior to turning over the automobiles to the 24 13 state vehicle dispatcher to be disposed of by public auction 24 14 and the Iowa law enforcement academy may exchange any 24 15 automobile owned by the academy for each automobile selected 24 16 if the selected automobile is used in training law enforcement 24 17 officers at the academy. However, any automobile exchanged by 24 18 the academy shall be substituted for the selected vehicle of 24 19 the department of public safety and sold by public auction 24 20 with the receipts being deposited in the depreciation fund to 24 21 the credit of the department of public safety, division of 24 22 highway safety, uniformed force, and radio communications. 24 23 Sec. 18. BOARD OF PAROLE. There is appropriated from the 24 24 general fund of the state to the board of parole for the 24 25 fiscal year beginning July 1, 1997, and ending June 30, 1998, 24 26 the following amount, or so much thereof as is necessary, to 24 27 be used for the purposes designated: 24 28 For salaries, support, maintenance, including maintenance 24 29 of an automated docket and the board's automated risk 24 30 assessment model, employment of two statistical research 24 31 analysts to assist with the application of the risk assessment 24 32 model in the parole decision-making process, miscellaneous 24 33 purposes, and for not more than the following full-time 24 34 equivalent positions: 24 35 .................................................. $ 924,802 25 1 ............................................... FTEs 18.00 25 2 A portion of the funds appropriated in this section shall 25 3 be used to start a pilot program for probation violations in 25 4 the sixth judicial district department of correctional 25 5 services. Data shall be maintained to evaluate the pilot 25 6 program. 25 7 Sec. 19. DEPARTMENT OF PUBLIC DEFENSE. There is 25 8 appropriated from the general fund of the state to the 25 9 department of public defense for the fiscal year beginning 25 10 July 1, 1997, and ending June 30, 1998, the following amounts, 25 11 or so much thereof as is necessary, to be used for the 25 12 purposes designated: 25 13 1. MILITARY DIVISION 25 14 For salaries, support, maintenance, miscellaneous purposes, 25 15 and for not more than the following full-time equivalent 25 16 positions: 25 17 .................................................. $ 4,253,196 25 18 ............................................... FTEs 227.26 25 19 If there is a surplus in the general fund of the state for 25 20 the fiscal year ending June 30, 1998, within 60 days after the 25 21 close of the fiscal year, the military division may incur up 25 22 to an additional $500,000 in expenditures from the surplus 25 23 prior to transfer of the surplus pursuant to section 8.57. 25 24 2. EMERGENCY MANAGEMENT DIVISION 25 25 For salaries, support, maintenance, miscellaneous purposes, 25 26 and for not more than the following full-time equivalent 25 27 positions: 25 28 .................................................. $ 590,971 25 29 ............................................... FTEs 15.25 25 30 Sec. 20. DEPARTMENT OF PUBLIC SAFETY. There is 25 31 appropriated from the general fund of the state to the 25 32 department of public safety for the fiscal year beginning July 25 33 1, 1997, and ending June 30, 1998, the following amounts, or 25 34 so much thereof as is necessary, to be used for the purposes 25 35 designated: 26 1 1. For the department's administrative functions, 26 2 including the criminal justice information system, and for not 26 3 more than the following full-time equivalent positions: 26 4 .................................................. $ 2,272,374 26 5 ............................................... FTEs 38.80 26 6 2. For the division of criminal investigation and bureau 26 7 of identification including the state's contribution to the 26 8 peace officers' retirement, accident, and disability system 26 9 provided in chapter 97A in the amount of 17 percent of the 26 10 salaries for which the funds are appropriated, to meet federal 26 11 fund matching requirements, and for not more than the 26 12 following full-time equivalent positions: 26 13 .................................................. $ 9,975,859 26 14 ............................................... FTEs 198.00 26 15 Riverboat enforcement costs shall be billed in accordance 26 16 with section 99F.10, subsection 4. The costs shall be not 26 17 more than the department's estimated expenditures, including 26 18 salary adjustment, for riverboat enforcement for the fiscal 26 19 year. 26 20 The department of public safety, with the approval of the 26 21 department of management, may employ no more than two special 26 22 agents and four gaming enforcement officers for each 26 23 additional riverboat regulated after March 31, 1997, and one 26 24 special agent for each racing facility which becomes 26 25 operational during the fiscal year which begins July 1, 1997. 26 26 One additional gaming enforcement officer, up to a total of 26 27 four per boat, may be employed for each riverboat that has 26 28 extended operations to 24 hours and has not previously 26 29 operated with a 24-hour schedule. Positions authorized in 26 30 this paragraph are in addition to the full-time equivalent 26 31 positions authorized in this subsection. 26 32 3. a. For the division of narcotics enforcement, 26 33 including the state's contribution to the peace officers' 26 34 retirement, accident, and disability system provided in 26 35 chapter 97A in the amount of 17 percent of the salaries for 27 1 which the funds are appropriated, to meet federal fund 27 2 matching requirements, and for not more than the following 27 3 full-time equivalent positions: 27 4 .................................................. $ 2,573,278 27 5 ............................................... FTEs 41.00 27 6 b. For the division of narcotics enforcement for 27 7 undercover purchases: 27 8 .................................................. $ 139,202 27 9 4. For the state fire marshal's office, including the 27 10 state's contribution to the peace officers' retirement, 27 11 accident, and disability system provided in chapter 97A in the 27 12 amount of 17 percent of the salaries for which the funds are 27 13 appropriated, and for not more than the following full-time 27 14 equivalent positions: 27 15 .................................................. $ 1,513,605 27 16 ............................................... FTEs 31.80 27 17 5. For the capitol security division, including the 27 18 state's contribution to the peace officers' retirement, 27 19 accident, and disability system provided in chapter 97A in the 27 20 amount of 17 percent of the salaries for which the funds are 27 21 appropriated and for not more than the following full-time 27 22 equivalent positions: 27 23 .................................................. $ 1,244,094 27 24 ............................................... FTEs 27.00 27 25 6. For costs associated with the maintenance of the 27 26 automated fingerprint information system (AFIS): 27 27 .................................................. $ 233,265 27 28 7. An employee of the department of public safety who 27 29 retires after July 1, 1997, but prior to June 30, 1998, is 27 30 eligible for payment of life or health insurance premiums as 27 31 provided for in the collective bargaining agreement covering 27 32 the public safety bargaining unit at the time of retirement if 27 33 that employee previously served in a position which would have 27 34 been covered by the agreement. The employee shall be given 27 35 credit for the service in that prior position as though it 28 1 were covered by that agreement. The provisions of this 28 2 paragraph shall not operate to reduce any retirement benefits 28 3 an employee may have earned under other collective bargaining 28 4 agreements or retirement programs. 28 5 8. For costs associated with the training of volunteer 28 6 fire fighters: 28 7 .................................................. $ 573,792 28 8 9. For costs associated with supplies and support for DNA 28 9 testing: 28 10 .................................................. $ 100,000 28 11 10. For the state medical examiner and for not more than 28 12 the following full-time equivalent positions: 28 13 .................................................. $ 341,959 28 14 ............................................... FTEs 4.00 28 15 Any fees collected by the department of public safety for 28 16 autopsies performed by the office of the state medical 28 17 examiner shall be deposited in the general fund of the state. 28 18 Sec. 21. HIGHWAY SAFETY PATROL FUND. There is 28 19 appropriated from the highway safety patrol fund created in 28 20 section 80.41 to the division of highway safety, uniformed 28 21 force, and radio communications of the department of public 28 22 safety, for the fiscal year beginning July 1, 1997, and ending 28 23 June 30, 1998, the following amounts, or so much thereof as is 28 24 necessary, to be used for the purposes designated: 28 25 1. For salaries, support, maintenance, workers' 28 26 compensation costs, and miscellaneous purposes, including the 28 27 state's contribution to the peace officers' retirement, 28 28 accident, and disability system provided in chapter 97A in the 28 29 amount of 17 percent of the salaries for which the funds are 28 30 appropriated, and for not more than the following full-time 28 31 equivalent positions: 28 32 .................................................. $ 35,099,662 28 33 ............................................... FTEs 568.00 28 34 It is the intent of the general assembly that, of the funds 28 35 appropriated in this subsection, the division shall expend the 29 1 amount necessary to provide the state match for the additional 29 2 state troopers hired through the federal community-oriented 29 3 policing services program and authorized pursuant to 1996 Iowa 29 4 Acts, chapter 1216, section 22. It is the intent of the 29 5 general assembly that once federal moneys for this program 29 6 end, the division shall present proposals to the governor and 29 7 the general assembly for continued funding of the state 29 8 troopers described in this paragraph and for consideration of 29 9 reducing the number of state troopers through attrition, by 29 10 the same number as the number of troopers added through the 29 11 federal program. 29 12 2. The division of highway safety, uniformed force, and 29 13 radio communications may expend an amount proportional to the 29 14 costs that are reimbursable from the highway safety patrol 29 15 fund created in section 80.41. Spending for these costs may 29 16 occur from any unappropriated funds in the state treasury upon 29 17 a finding by the department of management that all of the 29 18 amounts requested and approved are reimbursable from the 29 19 highway safety patrol fund. Upon payment to the highway 29 20 safety patrol fund, the division of highway safety, uniformed 29 21 force, and radio communications shall credit the payments 29 22 necessary to reimburse the state treasury. 29 23 3. For payment to the department of personnel for expenses 29 24 incurred in administering the merit system on behalf of the 29 25 division of highway safety, uniformed force, and radio 29 26 communications: 29 27 .................................................. $ 44,195 29 28 Sec. 22. DEPARTMENT OF CORRECTIONS – FACILITY REMODELING 29 29 FUND. Notwithstanding sections 8.33, 8.39, and 602.8108A, the 29 30 department of corrections shall direct the treasurer of state 29 31 to transfer on June 30, 1997, $1,600,000 of the unused balance 29 32 of funds in the Iowa prison infrastructure fund created in 29 33 section 602.8108A, to a facility remodeling fund created in 29 34 the state treasury and under the control of the department of 29 35 corrections. Moneys in the facility remodeling fund shall be 30 1 used by the department solely for the purpose of remodeling a 30 2 structure in the fifth judicial district department of 30 3 correctional services for use as a residential facility. 30 4 Sec. 23. Section 99F.10, subsection 4, Code 1997, is 30 5 amended to read as follows: 30 6 4. In determining the license fees and state admission 30 7 fees to be charged as provided under section 99F.4 and this 30 8 section, the commission shall use the amount appropriated to 30 9 the commission plus the cost of salaries for no more than two 30 10 special agents and no more than four gaming enforcement 30 11 officers for each excursion gambling boat for the division of 30 12 criminal investigation's excursion gambling boat activities as 30 13 the basis for determining the amount of revenue to be raised 30 14 from the license fees and admission fees. The division's 30 15 salary costs shall be limited tosixty-fiveone hundred 30 16 percent of the salary costs for special agents andsixty-five30 17 one hundred percent of the salary costs for gaming enforcement 30 18 for personnel assigned to excursion gambling boats who enforce 30 19 laws and rules adopted by the commission. 30 20 Sec. 24. Section 602.1304, subsection 2, paragraphs b and 30 21 c, Code 1997, are amended to read as follows: 30 22 b. For each fiscal year, a judicial collection estimate 30 23 for that fiscal year shall be equally and proportionally 30 24 divided into a quarterly amount. The judicial collection 30 25 estimate shall be calculated by using the state revenue 30 26 estimating conference estimate made by December 15 pursuant to 30 27 section 8.22A, subsection 3, of the total amount of fines, 30 28 fees, civil penalties, costs, surcharges, and other revenues 30 29 collected by judicial officers and court employees for deposit 30 30 into the general fund of the state. The revenue estimating 30 31 conference estimate shall be reduced by the maximum amounts 30 32 allocated to the Iowa prison infrastructure fund pursuant to 30 33 section 602.8108A,andthe court technology and modernization 30 34 fund pursuant to section 602.8108, and the road use tax fund 30 35 pursuant to section 602.8108, subsection 5, and the remainder 31 1 shall be the judicial collection estimate. In each quarter of 31 2 a fiscal year, after revenues collected by judicial officers 31 3 and court employees equal to that quarterly amount are 31 4 deposited into the general fund of the state and after the 31 5 required amount is deposited during the quarter into the Iowa 31 6 prison infrastructure fund pursuant to section 602.8108A and 31 7 into the court technology and modernization fund pursuant to 31 8 section 602.8108, the director of revenue and finance shall 31 9 deposit the remaining revenues for that quarter into the 31 10 enhanced court collections fund in lieu of the general fund. 31 11 However, after total deposits into the collections fund for 31 12 the fiscal year are equal to the maximum deposit amount 31 13 established for the collections fund, remaining revenues for 31 14 that fiscal year shall be deposited into the general fund. If 31 15 the revenue estimating conference agrees to a different 31 16 estimate at a later meeting which projects a lesser amount of 31 17 revenue than the initial estimate amount used to calculate the 31 18 judicial collection estimate, the director of revenue and 31 19 finance shall recalculate the judicial collection estimate 31 20 accordingly. If the revenue estimating conference agrees to a 31 21 different estimate at a later meeting which projects a greater 31 22 amount of revenue than the initial estimate amount used to 31 23 calculate the judicial collection estimate, the director of 31 24 revenue and finance shall recalculate the judicial collection 31 25 estimate accordingly but only to the extent that the greater 31 26 amount is due to an increase in the fines, fees, civil 31 27 penalties, costs, surcharges, or other revenues allowed by law 31 28 to be collected by judicial officers and court employees. 31 29 c. Moneys in the collections fund shall be used by the 31 30 judicial department for the Iowa court information system; 31 31 records management equipment, services, and projects; other 31 32 technological improvements; electronic legal research 31 33 equipment, systems, and projects; and the study, development, 31 34 and implementation of othertechnological improvements,31 35 innovations,and projects that would improve the 32 1 administration of justice. The moneys in the collection fund 32 2 may also be used for capital improvements necessitated by the 32 3 installation or connection with the Iowa court information 32 4 system, the Iowa communications network, and other 32 5 technological improvements approved by the department. 32 6 Sec. 25. Section 602.6201, subsection 10, Code 1997, is 32 7 amended to read as follows: 32 8 10. Notwithstanding the formula for determining the number 32 9 of judgeships in this section, the number of district judges 32 10 shall not exceed one hundredeleventwelve during the period 32 11 commencing July 1,19961997. 32 12 Sec. 26. 1995 Iowa Acts, chapter 166, section 2, is 32 13 amended to read as follows: 32 14 SEC. 2. DEVELOPMENT OF PLAN AND TRANSITION TO FULL WORK 32 15 PROGRAMMING BY DEPARTMENT. Notwithstanding section 1 of this 32 16 Act, the department of corrections shall not be required to 32 17 fully implement the requirements of section 904.701, until 32 18 July 1,19971998. However, the department shall develop and 32 19 implement a plan in consultation with state and local agencies 32 20 and members of the private sector, which provides for the 32 21 incremental implementation of the hard labor requiremetns 32 22 contained in section 904.701, for each inmate who is 32 23 physically and mentally able to perform hard labor and does 32 24 not present an unreasonable security status, and who is not 32 25 currently engaged in labor meeting the requirements. The plan 32 26 shall provide for implementation of hard labor work programs 32 27 during the interval of time between the effective date of this 32 28 Act and July 1,19971998, with full implementation of the 32 29 requirements of section 904.701 by July 1,19971998, and may 32 30 provide the performance of work by inmates both inside and 32 31 outside of the institutions under the control of the 32 32 department. The plan shall include a procedure for the 32 33 determination of suitability of an inmate for the performance 32 34 of hard labor and, if an inmate if found to be suitable, the 32 35 placement of the inmate in an appropriate hard labor program. 33 1 In selecting and developing work programs which are included 33 2 within the plan, the department shall choose work programs 33 3 which are include within the plan, the department shall choose 33 4 work programs which would require minimal additional 33 5 administrative costs shall choose work programs which would 33 6 require minimal additional administrative costs, which 33 7 minimize the need for additional personnel, and which minimize 33 8 the security risks to the general public. The department 33 9 shall submit a report to the general assembly on January 1, 33 1019961998, outlining the progress made towards implementation 33 11 of this Act. The department shall also file a copy of the 33 12 completed plan with the general assembly on January 1,199733 13 1999. 33 14 Sec. 27. 1996 Iowa Acts, chapter 1216, section 7, 33 15 subsection 7, is amended to read as follows: 33 16 7. For funding of the criminal justice program at the 33 17 university of northern Iowa: 33 18 .................................................. $ 175,000 33 19 Notwithstanding section 8.33, moneys appropriated in this 33 20 subsection which remain unobligated or unexpended at the close 33 21 of the fiscal year shall not revert to the general fund of the 33 22 state but shall remain available only for the purpose 33 23 designated in this subsection in the succeeding fiscal year. 33 24 Sec. 28. LEGAL REPRESENTATION OF INDIGENTS – STUDY. The 33 25 legislative council is requested to establish an interim 33 26 committee to study issues concerning the provision of legal 33 27 representation to indigents. The interim committee shall 33 28 submit a report and recommendations to the general assembly by 33 29 January 1, 1998. 33 30 Sec. 29. SENTENCING STUDY. The legislative council is 33 31 requested to establish an interim study committee to review 33 32 current criminal penalties and sentencing practices, including 33 33 but not limited to the effects of mandatory minimum penalties 33 34 on sentencing practices and the effects of sentencing 33 35 practices on inmate populations at state and adult and 34 1 residential community-based correctional facilities. The 34 2 committee shall also conduct a comparative assessment of the 34 3 relative penalties imposed for various crimes based not only 34 4 on the threat posed by the prohibited criminal conduct, but 34 5 also by the risk generally associated with particular criminal 34 6 offenders. 34 7 Sec. 30. EFFECTIVE DATES. 34 8 1. Section 1, subsections 3 and 4, of this Act, relating 34 9 to Iowa competition law or antitrust actions and to civil 34 10 consumer fraud actions, being deemed of immediate importance, 34 11 take effect upon enactment. 34 12 2. Section 8 of this Act, relating to the encumbrance of 34 13 certain moneys appropriated to the department of corrections 34 14 for the fiscal year commencing July 1, 1996, being deemed of 34 15 immediate importance, takes effect upon enactment. 34 16 3. Section 22 of this Act, relating to the Iowa prison 34 17 infrastructure fund and the facility remodeling fund, being 34 18 deemed of immediate importance, takes effect upon enactment. 34 19 4. Section 27 of this Act, relating to the funding of the 34 20 criminal justice program at the university of northern Iowa, 34 21 being deemed of immediate importance, takes effect upon 34 22 enactment. 34 23 EXPLANATION 34 24 This bill makes appropriations for the 1997-1998 fiscal 34 25 year to the departments of justice, corrections, public 34 26 defense, and public safety, and judicial department, Iowa law 34 27 enforcement academy, office of public defender, and board of 34 28 parole. 34 29 The bill also authorizes an additional district court judge 34 30 commencing July 1, 1997. 34 31 The bill also establishes a facility remodeling fund from 34 32 unused funds in the Iowa prison infrastructure fund for the 34 33 purpose of remodeling a facility in the fifth judicial 34 34 district department of correctional services. 34 35 The bill also amends Code section 99F.10 to provide that 35 1 100 percent, and not 65 percent, of the division of criminal 35 2 investigation's salary costs for gaming enforcement of 35 3 gambling boats shall be used in determining the license fees 35 4 and state admission fees to be charged. 35 5 The bill makes changes to the Code provisions concerning 35 6 the enhanced court collections fund by providing that the 35 7 revenue estimating conference shall subtract amounts allocated 35 8 to the road use tax fund pursuant to Code section 602.8108 in 35 9 determining the judicial collection estimate. 35 10 The bill also delays the implementation of the inmate hard 35 11 labor bill adopted in 1995. The bill also provides that any 35 12 unused funds from the appropriation to the University of 35 13 Northern Iowa criminal justice program for the fiscal year 35 14 beginning July 1, 1996, shall not revert to the general fund 35 15 at the close of the fiscal year. The bill also requests the 35 16 legislative council to establish legislative interim 35 17 committees concerning the legal representation of indigents 35 18 and sentencing. 35 19 LSB 1763JA 77 35 20 ec/jw/5.2
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