Text: HF02551 Text: HF02553 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. DEPARTMENT OF JUSTICE. There is appropriated 1 2 from the general fund of the state to the department of 1 3 justice for the fiscal year beginning July 1, 2000, and ending 1 4 June 30, 2001, 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 .................................................. $ 8,524,304 1 11 ............................................... FTEs 194.50 1 12 2. For the prosecuting attorney training program for 1 13 salaries, support, maintenance, miscellaneous purposes, and 1 14 for not more than the following full-time equivalent 1 15 positions: 1 16 .................................................. $ 322,856 1 17 ............................................... FTEs 6.00 1 18 3. In addition to the funds appropriated in subsection 1, 1 19 there is appropriated from the general fund of the state to 1 20 the department of justice for the fiscal year beginning July 1 21 1, 2000, and ending June 30, 2001, an amount not exceeding 1 22 $200,000 to be used for the enforcement of the Iowa 1 23 competition law. The funds appropriated in this subsection 1 24 are contingent upon receipt by the general fund of the state 1 25 of an amount at least equal to the expenditure amount from 1 26 either damages awarded to the state or a political subdivision 1 27 of the state by a civil judgment under chapter 553, if the 1 28 judgment authorizes the use of the award for enforcement 1 29 purposes or costs or attorneys fees awarded the state in state 1 30 or federal antitrust actions. However, if the amounts 1 31 received as a result of these judgments are in excess of 1 32 $200,000, the excess amounts shall not be appropriated to the 1 33 department of justice pursuant to this subsection. 1 34 4. In addition to the funds appropriated in subsection 1, 1 35 there is appropriated from the general fund of the state to 2 1 the department of justice for the fiscal year beginning July 2 2 1, 2000, and ending June 30, 2001, an amount not exceeding 2 3 $150,000 to be used for public education relating to consumer 2 4 fraud and for enforcement of section 714.16, and an amount not 2 5 exceeding $75,000 for investigation, prosecution, and consumer 2 6 education relating to consumer and criminal fraud against 2 7 older Iowans. The funds appropriated in this subsection are 2 8 contingent upon receipt by the general fund of the state of an 2 9 amount at least equal to the expenditure amount from damages 2 10 awarded to the state or a political subdivision of the state 2 11 by a civil consumer fraud judgment or settlement, if the 2 12 judgment or settlement authorizes the use of the award for 2 13 public education on consumer fraud. However, if the funds 2 14 received as a result of these judgments and settlements are in 2 15 excess of $225,000, the excess funds shall not be appropriated 2 16 to the department of justice pursuant to this subsection. 2 17 5. For victim assistance grants: 2 18 .................................................. $ 1,935,806 2 19 a. The funds appropriated in this subsection shall be used 2 20 to provide grants to care providers providing services to 2 21 crime victims of domestic abuse or to crime victims of rape 2 22 and sexual assault. 2 23 b. Notwithstanding sections 8.33 and 8.39, moneys 2 24 appropriated in this subsection that remain unencumbered or 2 25 unobligated at the close of the fiscal year shall not revert 2 26 but shall remain available for expenditure during the 2 27 subsequent fiscal year for the same purpose, and shall not be 2 28 transferred to any other program. 2 29 6. For the GASA prosecuting attorney program and for not 2 30 more than the following full-time equivalent positions: 2 31 .................................................. $ 133,102 2 32 ............................................... FTEs 2.00 2 33 7. The balance of the victim compensation fund established 2 34 in section 915.94 may be used to provide salary and support of 2 35 not more than 20.00 FTEs and to provide maintenance for the 3 1 victim compensation functions of the department of justice. 3 2 8. The department of justice shall submit monthly 3 3 financial statements to the legislative fiscal bureau and the 3 4 department of management containing all appropriated accounts 3 5 in the same manner as provided in the monthly financial status 3 6 reports and personal services usage reports of the department 3 7 of revenue and finance. The monthly financial statements 3 8 shall include comparisons of the moneys and percentage spent 3 9 of budgeted to actual revenues and expenditures on a 3 10 cumulative basis for full-time equivalent positions and 3 11 available moneys. 3 12 9. a. The department of justice, in submitting budget 3 13 estimates for the fiscal year commencing July 1, 2001, 3 14 pursuant to section 8.23, shall include a report of funding 3 15 from sources other than amounts appropriated directly from the 3 16 general fund of the state to the department of justice or to 3 17 the office of consumer advocate. These funding sources shall 3 18 include, but are not limited to, reimbursements from other 3 19 state agencies, commissions, boards, or similar entities, and 3 20 reimbursements from special funds or internal accounts within 3 21 the department of justice. The department of justice shall 3 22 report actual reimbursements for the fiscal year commencing 3 23 July 1, 1999, and actual and expected reimbursements for the 3 24 fiscal year commencing July 1, 2000. 3 25 b. The department of justice shall include the report 3 26 required under paragraph "a", as well as information regarding 3 27 any revisions occurring as a result of reimbursements actually 3 28 received or expected at a later date, in a report to the co- 3 29 chairpersons and ranking members of the joint appropriations 3 30 subcommittee on the justice system and the legislative fiscal 3 31 bureau. The department of justice shall submit the report on 3 32 or before January 15, 2001. 3 33 10. For legal services for persons in poverty grants as 3 34 provided in section 13.34: 3 35 .................................................. $ 700,000 4 1 As a condition for accepting a grant funded pursuant to 4 2 this subsection, an organization receiving a grant shall 4 3 submit a report to the general assembly by January 1, 2001, 4 4 concerning the use of any grants received during the previous 4 5 fiscal year and efforts made by the organization to find 4 6 alternative sources of revenue to replace any reductions in 4 7 federal funding for the organization. 4 8 Sec. 2. DEPARTMENT OF JUSTICE – ENVIRONMENTAL CRIMES 4 9 INVESTIGATION AND PROSECUTION – FUNDING. There is 4 10 appropriated from the environmental crime fund of the 4 11 department of justice, consisting of court-ordered fines and 4 12 penalties awarded to the department arising out of the 4 13 prosecution of environmental crimes, to the department of 4 14 justice for the fiscal year beginning July 1, 2000, and ending 4 15 June 30, 2001, an amount not exceeding $20,000 to be used by 4 16 the department, at the discretion of the attorney general, for 4 17 the investigation and prosecution of environmental crimes, 4 18 including the reimbursement of expenses incurred by county, 4 19 municipal, and other local governmental agencies cooperating 4 20 with the department in the investigation and prosecution of 4 21 environmental crimes. 4 22 The funds appropriated in this section are contingent upon 4 23 receipt by the environmental crime fund of the department of 4 24 justice of an amount at least equal to the appropriations made 4 25 in this section and received from contributions, court-ordered 4 26 restitution as part of judgments in criminal cases, and 4 27 consent decrees entered into as part of civil or regulatory 4 28 enforcement actions. However, if the funds received during 4 29 the fiscal year are in excess of $20,000, the excess funds 4 30 shall be deposited in the general fund of the state. 4 31 Notwithstanding section 8.33, moneys appropriated in this 4 32 section that remain unexpended or unobligated at the close of 4 33 the fiscal year shall not revert to the environmental crime 4 34 fund but shall remain available for expenditure for the 4 35 purpose designated until the close of the succeeding fiscal 5 1 year. 5 2 Sec. 3. OFFICE OF CONSUMER ADVOCATE. There is 5 3 appropriated from the general fund of the state to the office 5 4 of consumer advocate of the department of justice for the 5 5 fiscal year beginning July 1, 2000, and ending June 30, 2001, 5 6 the following amount, or so much thereof as is necessary, to 5 7 be used for the purposes designated: 5 8 For salaries, support, maintenance, miscellaneous purposes, 5 9 and for not more than the following full-time equivalent 5 10 positions: 5 11 .................................................. $ 2,652,903 5 12 ............................................... FTEs 32.00 5 13 Sec. 4. DEPARTMENT OF CORRECTIONS – FACILITIES. There is 5 14 appropriated from the general fund of the state to the 5 15 department of corrections for the fiscal year beginning July 5 16 1, 2000, and ending June 30, 2001, the following amounts, or 5 17 so much thereof as is necessary, to be used for the purposes 5 18 designated: 5 19 1. For the operation of adult correctional institutions, 5 20 reimbursement of counties for certain confinement costs, and 5 21 federal prison reimbursement, to be allocated as follows: 5 22 a. For the operation of the Fort Madison correctional 5 23 facility, including salaries, support, maintenance, employment 5 24 of correctional officers, miscellaneous purposes, and for not 5 25 more than the following full-time equivalent positions: 5 26 .................................................. $ 30,153,729 5 27 ............................................... FTEs 533.50 5 28 b. For the operation of the Anamosa correctional facility, 5 29 including salaries, support, maintenance, employment of 5 30 correctional officers and a part-time chaplain to provide 5 31 religious counseling to inmates of a minority race, 5 32 miscellaneous purposes, and for not more than the following 5 33 full-time equivalent positions: 5 34 .................................................. $ 23,601,997 5 35 ............................................... FTEs 399.00 6 1 Moneys are provided within this appropriation for two full- 6 2 time substance abuse counselors for the Luster Heights 6 3 facility, for the purpose of certification of a substance 6 4 abuse program at that facility. 6 5 c. For the operation of the Oakdale correctional facility, 6 6 including salaries, support, maintenance, employment of 6 7 correctional officers, miscellaneous purposes, and for not 6 8 more than the following full-time equivalent positions: 6 9 .................................................. $ 21,300,914 6 10 ............................................... FTEs 338.80 6 11 d. For the operation of the Newton correctional facility, 6 12 including salaries, support, maintenance, employment of 6 13 correctional officers, miscellaneous purposes, and for not 6 14 more than the following full-time equivalent positions: 6 15 .................................................. $ 22,775,087 6 16 ............................................... FTEs 392.25 6 17 e. For the operation of the Mt. Pleasant correctional 6 18 facility, including salaries, support, maintenance, employment 6 19 of correctional officers and a full-time chaplain to provide 6 20 religious counseling at the Oakdale and Mt. Pleasant 6 21 correctional facilities, miscellaneous purposes, and for not 6 22 more than the following full-time equivalent positions: 6 23 .................................................. $ 21,490,369 6 24 ............................................... FTEs 342.59 6 25 f. For the operation of the Rockwell City correctional 6 26 facility, including salaries, support, maintenance, employment 6 27 of correctional officers, miscellaneous purposes, and for not 6 28 more than the following full-time equivalent positions: 6 29 .................................................. $ 7,117,981 6 30 ............................................... FTEs 121.00 6 31 g. For the operation of the Clarinda correctional 6 32 facility, including salaries, support, maintenance, employment 6 33 of correctional officers, miscellaneous purposes, and for not 6 34 more than the following full-time equivalent positions: 6 35 .................................................. $ 17,814,313 7 1 ............................................... FTEs 292.75 7 2 Moneys received by the department of corrections as 7 3 reimbursement for services provided to the Clarinda youth 7 4 corporation are appropriated to the department and shall be 7 5 used for the purpose of operating the Clarinda correctional 7 6 facility. 7 7 h. For the operation of the Mitchellville correctional 7 8 facility, including salaries, support, maintenance, employment 7 9 of correctional officers, miscellaneous purposes, and for not 7 10 more than the following full-time equivalent positions: 7 11 .................................................. $ 11,960,757 7 12 ............................................... FTEs 237.50 7 13 i. For the operation of the Fort Dodge 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 .................................................. $ 24,961,904 7 18 ............................................... FTEs 414.00 7 19 j. For reimbursement of counties for temporary confinement 7 20 of work release and parole violators, as provided in sections 7 21 901.7, 904.908, and 906.17 and for offenders confined pursuant 7 22 to section 904.513: 7 23 ................................................. $ 524,038 7 24 k. For federal prison reimbursement, reimbursements for 7 25 out-of-state placements, and miscellaneous contracts: 7 26 ................................................. $ 341,334 7 27 The department of corrections shall use funds appropriated 7 28 in this subsection to continue to contract for the services of 7 29 a Muslim imam. 7 30 2. a. If the inmate tort claim fund for inmate claims of 7 31 less than $100 is exhausted during the fiscal year, sufficient 7 32 funds shall be transferred from the institutional budgets to 7 33 pay approved tort claims for the balance of the fiscal year. 7 34 The warden or superintendent of each institution or 7 35 correctional facility shall designate an employee to receive, 8 1 investigate, and recommend whether to pay any properly filed 8 2 inmate tort claim for less than the above amount. The 8 3 designee's recommendation shall be approved or denied by the 8 4 warden or superintendent and forwarded to the department of 8 5 corrections for final approval and payment. The amounts 8 6 appropriated to this fund pursuant to 1987 Iowa Acts, chapter 8 7 234, section 304, subsection 2, are not subject to reversion 8 8 under section 8.33. 8 9 b. Tort claims denied at the institution shall be 8 10 forwarded to the state appeal board for their consideration as 8 11 if originally filed with that body. This procedure shall be 8 12 used in lieu of chapter 669 for inmate tort claims of less 8 13 than $100. 8 14 3. It is the intent of the general assembly that the 8 15 department of corrections shall timely fill correctional 8 16 positions authorized for correctional facilities pursuant to 8 17 this section. 8 18 Sec. 5. DEPARTMENT OF CORRECTIONS – ADMINISTRATION. 8 19 There is appropriated from the general fund of the state to 8 20 the department of corrections for the fiscal year beginning 8 21 July 1, 2000, and ending June 30, 2001, the following amounts, 8 22 or so much thereof as is necessary, to be used for the 8 23 purposes designated: 8 24 1. For general administration, including salaries, 8 25 support, maintenance, employment of an education director and 8 26 clerk to administer a centralized education program for the 8 27 correctional system, miscellaneous purposes, and for not more 8 28 than the following full-time equivalent positions: 8 29 .................................................. $ 2,405,009 8 30 ............................................... FTEs 37.18 8 31 a. The department shall monitor the use of the 8 32 classification model by the judicial district departments of 8 33 correctional services and has the authority to override a 8 34 district department's decision regarding classification of 8 35 community-based clients. The department shall notify a 9 1 district department of the reasons for the override. 9 2 b. It is the intent of the general assembly that as a 9 3 condition of receiving the appropriation provided in this 9 4 subsection, the department of corrections shall not, except as 9 5 otherwise provided in paragraph "c", enter into a new 9 6 contract, unless the contract is a renewal of an existing 9 7 contract, for the expenditure of moneys in excess of $100,000 9 8 during the fiscal year beginning July 1, 2000, for the 9 9 privatization of services performed by the department using 9 10 state employees as of July 1, 2000, or for the privatization 9 11 of new services by the department, without prior consultation 9 12 with any applicable state employee organization affected by 9 13 the proposed new contract and prior notification of the co- 9 14 chairpersons and ranking members of the joint appropriations 9 15 subcommittee on the justice system. 9 16 c. The department of corrections shall not enter into a 9 17 new contract, or renew an existing contract, for the 9 18 expenditure of moneys for the privatization of medical 9 19 services through medical contract employees at the Fort 9 20 Madison correctional facility. However, in order to 9 21 facilitate the phaseout of using medical contract employees 9 22 for medical services at the Fort Madison correctional 9 23 facility, the department may continue to use medical contract 9 24 employees at the facility for a period of time not to exceed 9 25 the three months immediately following July 1, 2000. 9 26 d. The department of general services shall, 9 27 notwithstanding any provisions of law or rule to the contrary, 9 28 permit the department of corrections the opportunity to 9 29 acquire, at no cost, computers that would otherwise be 9 30 disposed of by the department of general services. The 9 31 department of corrections shall use computers acquired under 9 32 this paragraph to provide educational training and programs 9 33 for inmates. 9 34 e. It is the intent of the general assembly that each 9 35 lease negotiated by the department of corrections with a 10 1 private corporation for the purpose of providing private 10 2 industry employment of inmates in a correctional institution 10 3 shall prohibit the private corporation from utilizing inmate 10 4 labor for partisan political purposes for any person seeking 10 5 election to public office in this state and that a violation 10 6 of this requirement shall result in a termination of the lease 10 7 agreement. 10 8 f. It is the intent of the general assembly that as a 10 9 condition of receiving the appropriation provided in this 10 10 subsection, the department of corrections shall not enter into 10 11 a lease or contractual agreement pursuant to section 904.809 10 12 with a private corporation for the use of building space for 10 13 the purpose of providing inmate employment without providing 10 14 that the terms of the lease or contract establish safeguards 10 15 to restrict, to the greatest extent feasible, access by 10 16 inmates working for the private corporation to personal 10 17 identifying information of citizens. 10 18 g. It is the intent of the general assembly that as a 10 19 condition of receiving the appropriation provided in this 10 20 subsection, the department of corrections shall not enter into 10 21 any new agreement with a private for-profit agency or 10 22 corporation for the purpose of transferring inmates under the 10 23 custody of the department to a jail or correctional facility 10 24 or institution in this state which is established, maintained, 10 25 or operated by a private for-profit agency or corporation 10 26 without prior approval by the general assembly. 10 27 2. For salaries, support, maintenance, miscellaneous 10 28 purposes, and for not more than the following full-time 10 29 equivalent positions at the correctional training center at 10 30 Mt. Pleasant: 10 31 .................................................. $ 486,247 10 32 ............................................... FTEs 8.07 10 33 3. For annual payment relating to the financial 10 34 arrangement for the construction of expansion in prison 10 35 capacity as provided in 1990 Iowa Acts, chapter 1257, section 11 1 24: 11 2 .................................................. $ 796,940 11 3 4. For educational programs for inmates at state penal 11 4 institutions: 11 5 .................................................. $ 3,294,775 11 6 It is the intent of the general assembly that moneys 11 7 appropriated in this subsection shall be used solely for the 11 8 purpose indicated and that the moneys shall not be transferred 11 9 for any other purpose. In addition, it is the intent of the 11 10 general assembly that the department shall consult with the 11 11 community colleges in the areas in which the institutions are 11 12 located to utilize moneys appropriated in this subsection to 11 13 fund the high school completion, high school equivalency 11 14 diploma, adult literacy, and adult basic education programs in 11 15 a manner so as to maintain these programs at the institutions. 11 16 To maximize the funding for educational programs, the 11 17 department shall establish guidelines and procedures to 11 18 prioritize the availability of educational and vocational 11 19 training for inmates based upon the goal of facilitating an 11 20 inmate's successful release from the correctional institution. 11 21 Notwithstanding section 8.33, moneys appropriated in this 11 22 subsection that remain unobligated or unexpended at the close 11 23 of the fiscal year shall not revert but shall remain available 11 24 for expenditure only for the purposes designated in this 11 25 subsection until the close of the succeeding fiscal year. 11 26 5. For the development of the departmental-wide Iowa 11 27 corrections offender network (ICON) data system: 11 28 .................................................. $ 600,000 11 29 6. The department of corrections shall submit a report to 11 30 the general assembly on January 1, 2001, concerning progress 11 31 made in implementing the requirements of section 904.701, 11 32 concerning hard labor by inmates. 11 33 7. It is the intent of the general assembly that the 11 34 department of corrections shall continue to operate the 11 35 correctional farms under the control of the department at the 12 1 same or greater level of participation and involvement as 12 2 existed as of January 1, 2000, shall not enter into any rental 12 3 agreement or contract concerning any farmland under the 12 4 control of the department that is not subject to a rental 12 5 agreement or contract as of January 1, 2000, without prior 12 6 legislative approval, and shall further attempt to provide job 12 7 opportunities at the farms for inmates. The department shall 12 8 attempt to provide job opportunities at the farms for inmates 12 9 by encouraging labor-intensive farming or gardening where 12 10 appropriate, using inmates to grow produce and meat for 12 11 institutional consumption, researching the possibility of 12 12 instituting food canning and cook-and-chill operations, and 12 13 exploring opportunities for organic farming and gardening, 12 14 livestock ventures, horticulture, and specialized crops. 12 15 8. The department of corrections shall submit a report to 12 16 the general assembly by January 1, 2001, concerning moneys 12 17 recouped from inmate earnings for the reimbursement of 12 18 operational expenses of the applicable facility during the 12 19 fiscal year beginning July 1, 1999, for each correctional 12 20 institution and judicial district department of correctional 12 21 services. In addition, each correctional institution and 12 22 judicial district department of correctional services shall 12 23 continue to submit a report to each member of the joint 12 24 appropriations subcommittee on the justice system and the 12 25 legislative fiscal bureau on a monthly basis concerning moneys 12 26 recouped from inmate earnings for the reimbursement of 12 27 operational expenses for each correctional institution and 12 28 district department during the previous calendar month. 12 29 9. The department of corrections shall submit a report to 12 30 the general assembly by January 1, 2001, concerning the use of 12 31 inmate labor on capital improvement projects. 12 32 Sec. 6. DEPARTMENT OF CORRECTIONS – EDUCATIONAL PROGRAMS. 12 33 Notwithstanding any provision of section 904.508A to the 12 34 contrary, of the moneys received for inmate telephone rebates 12 35 and deposited in an inmate telephone rebate fund for each 13 1 institution during the fiscal year beginning July 1, 2000, and 13 2 ending June 30, 2001, $300,000 is appropriated to the 13 3 department of corrections and shall be expended by the 13 4 department for educational programs, including vocational 13 5 education programs, for inmates at state penal institutions. 13 6 Sec. 7. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 13 7 SERVICES. 13 8 1. There is appropriated from the general fund of the 13 9 state to the department of corrections for the fiscal year 13 10 beginning July 1, 2000, and ending June 30, 2001, the 13 11 following amounts, or so much thereof as is necessary, to be 13 12 allocated as follows: 13 13 a. For the first judicial district department of 13 14 correctional services, including the treatment and supervision 13 15 of probation and parole violators who have been released from 13 16 the department of corrections violator program, the following 13 17 amount, or so much thereof as is necessary: 13 18 ................................................. $ 8,793,845 13 19 b. For the second judicial district department of 13 20 correctional services, including the treatment and supervision 13 21 of probation and parole violators who have been released from 13 22 the department of corrections violator program, the following 13 23 amount, or so much thereof as is necessary: 13 24 ................................................. $ 7,024,872 13 25 c. For the third judicial district department of 13 26 correctional services, including the treatment and supervision 13 27 of probation and parole violators who have been released from 13 28 the department of corrections violator program, the following 13 29 amount, or so much thereof as is necessary: 13 30 ................................................. $ 4,261,670 13 31 d. For the fourth judicial district department of 13 32 correctional services, including the treatment and supervision 13 33 of probation and parole violators who have been released from 13 34 the department of corrections violator program, the following 13 35 amount, or so much thereof as is necessary: 14 1 ................................................. $ 3,130,030 14 2 e. For the fifth judicial district department of 14 3 correctional services, including the treatment and supervision 14 4 of probation and parole violators who have been released from 14 5 the department of corrections violator program, the following 14 6 amount, or so much thereof as is necessary: 14 7 ................................................. $ 11,708,518 14 8 f. For the sixth judicial district department of 14 9 correctional services, including the treatment and supervision 14 10 of probation and parole violators who have been released from 14 11 the department of corrections violator program, the following 14 12 amount, or so much thereof as is necessary: 14 13 ................................................. $ 8,875,900 14 14 g. For the seventh judicial district department of 14 15 correctional services, including the treatment and supervision 14 16 of probation and parole violators who have been released from 14 17 the department of corrections violator program, the following 14 18 amount, or so much thereof as is necessary: 14 19 ................................................. $ 5,171,401 14 20 h. For the eighth judicial district department of 14 21 correctional services, including the treatment and supervision 14 22 of probation and parole violators who have been released from 14 23 the department of corrections violator program, the following 14 24 amount, or so much thereof as is necessary: 14 25 ................................................. $ 5,062,560 14 26 i. For the department of corrections for the assistance 14 27 and support of each judicial district department of 14 28 correctional services, the following amount, or so much 14 29 thereof as is necessary: 14 30 ................................................. $ 83,576 14 31 2. Each judicial district department of correctional 14 32 services shall continue programs and plans established within 14 33 that district to provide for intensive supervision, sex 14 34 offender treatment, diversion of low-risk offenders to the 14 35 least restrictive sanction available, job development, and 15 1 expanded use of intermediate criminal sanctions. 15 2 3. The department of corrections shall continue to 15 3 contract with a judicial district department of correctional 15 4 services to provide for the rental of electronic monitoring 15 5 equipment which shall be available statewide. 15 6 4. Each judicial district department of correctional 15 7 services and the department of corrections shall continue the 15 8 treatment alternatives to street crime programs established in 15 9 1989 Iowa Acts, chapter 225, section 9. 15 10 5. The governor's alliance on substance abuse shall 15 11 consider federal grants made to the department of corrections 15 12 for the benefit of each of the eight judicial district 15 13 departments of correctional services as local government 15 14 grants, as defined pursuant to federal regulations. 15 15 6. Each judicial district department of correctional 15 16 services shall provide a report concerning the treatment and 15 17 supervision of probation and parole violators who have been 15 18 released from the department of corrections violator program, 15 19 to the co-chairpersons and ranking members of the joint 15 20 appropriations subcommittee on the justice system and the 15 21 legislative fiscal bureau, on or before January 15, 2001. 15 22 7. In addition to the requirements of section 8.39, the 15 23 department of corrections shall not make an intradepartmental 15 24 transfer of moneys appropriated to the department, unless 15 25 notice of the intradepartmental transfer is given prior to its 15 26 effective date to the legislative fiscal bureau. The notice 15 27 shall include information on the department's rationale for 15 28 making the transfer and details concerning the work load and 15 29 performance measures upon which the transfers are based. 15 30 8. Each judicial district department of correctional 15 31 services shall submit a report to the general assembly by 15 32 January 8, 2001, concerning what action, if any, the district 15 33 department has taken in order to implement, or not implement, 15 34 an intermediate criminal sanctions program as provided by 15 35 section 901B.1. If the district department has implemented 16 1 such a program, the report shall include information as to the 16 2 effectiveness of the program. 16 3 Sec. 8. CORRECTIONAL INSTITUTIONS – VOCATIONAL TRAINING. 16 4 1. The state prison industries board and the department of 16 5 corrections shall continue the implementation of a plan to 16 6 enhance vocational training opportunities within the 16 7 correctional institutions listed in section 904.102, as 16 8 provided in 1993 Iowa Acts, chapter 171, section 12. The plan 16 9 shall provide for increased vocational training opportunities 16 10 within the correctional institutions, including the 16 11 possibility of approving community college credit for inmates 16 12 working in prison industries. The department of corrections 16 13 shall provide a report concerning the implementation of the 16 14 plan to the co-chairpersons and ranking members of the joint 16 15 appropriations subcommittee on the justice system and the 16 16 legislative fiscal bureau, on or before January 15, 2001. 16 17 2. It is the intent of the general assembly that each 16 18 correctional facility make all reasonable efforts to maintain 16 19 vocational education programs for inmates and to identify 16 20 available funding sources to continue these programs. The 16 21 department of corrections shall submit a report to the general 16 22 assembly by January 1, 2001, concerning the efforts made by 16 23 each correctional facility in maintaining vocational education 16 24 programs for inmates. 16 25 Sec. 9. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 16 26 1. As used in this section, unless the context otherwise 16 27 requires, "state agency" means the government of the state of 16 28 Iowa, including but not limited to all executive departments, 16 29 agencies, boards, bureaus, and commissions, the judicial 16 30 branch, the general assembly and all legislative agencies, 16 31 institutions within the purview of the state board of regents, 16 32 and any corporation whose primary function is to act as an 16 33 instrumentality of the state. 16 34 2. State agencies are hereby encouraged to purchase 16 35 products from Iowa state industries, as defined in section 17 1 904.802, when purchases are required and the products are 17 2 available from Iowa state industries. 17 3 3. State agencies shall submit to the legislative fiscal 17 4 bureau by January 15, 2001, a report of the dollar value of 17 5 products and services purchased from Iowa state industries by 17 6 the state agency during the fiscal year beginning July 1, 17 7 1999, and ending June 30, 2000. 17 8 Sec. 10. STATE PUBLIC DEFENDER. There is appropriated 17 9 from the general fund of the state to the office of the state 17 10 public defender of the department of inspections and appeals 17 11 for the fiscal year beginning July 1, 2000, and ending June 17 12 30, 2001, the following amounts, or so much thereof as is 17 13 necessary, for the purposes designated: 17 14 ................................................ $ 35,103,664 17 15 The funds appropriated and full-time equivalent positions 17 16 authorized in this section are allocated as follows: 17 17 1. For salaries, support, maintenance, and miscellaneous 17 18 purposes, and for not more than the following full-time 17 19 equivalent positions: 17 20 ................................................ $ 13,899,288 17 21 ............................................. FTEs 201.00 17 22 2. For the fees of court-appointed attorneys for indigent 17 23 adults and juveniles, in accordance with section 232.141 and 17 24 chapter 815: 17 25 ................................................ $ 21,204,376 17 26 Sec. 11. IOWA CORRECTIONS OFFENDER NETWORK DATA SYSTEM. 17 27 The department of corrections shall submit a report to the co- 17 28 chairpersons and ranking members of the joint appropriations 17 29 subcommittee on the justice system and the legislative fiscal 17 30 bureau, on or before January 15, 2001, concerning the 17 31 development and implementation of the Iowa corrections 17 32 offender network (ICON) data system. The report shall include 17 33 a description of the system and functions, a plan for 17 34 implementation of the system, including a timeline, resource 17 35 and staffing requirements for the system, and a current status 18 1 and progress report concerning the implementation of the 18 2 system. In addition, the report shall specifically address 18 3 the ability of the system to receive and transmit data between 18 4 prisons, community-based corrections district departments, the 18 5 judicial branch, board of parole, the criminal and juvenile 18 6 justice planning division of the department of human rights, 18 7 the department of public safety, and other applicable 18 8 governmental agencies. The report should include a detailed 18 9 discussion of the cooperation with other state agencies and 18 10 the judicial branch in the development and implementation of 18 11 the system. 18 12 Sec. 12. IOWA LAW ENFORCEMENT ACADEMY. There is 18 13 appropriated from the general fund of the state to the Iowa 18 14 law enforcement academy for the fiscal year beginning July 1, 18 15 2000, and ending June 30, 2001, the following amount, or so 18 16 much thereof as is necessary, to be used for the purposes 18 17 designated: 18 18 1. For salaries, support, maintenance, miscellaneous 18 19 purposes, including jailer training and technical assistance, 18 20 and for not more than the following full-time equivalent 18 21 positions: 18 22 ................................................. $ 1,365,029 18 23 .............................................. FTEs 31.05 18 24 It is the intent of the general assembly that the Iowa law 18 25 enforcement academy may provide training of state and local 18 26 law enforcement personnel concerning the recognition of and 18 27 response to persons with Alzheimer's disease. 18 28 2. The Iowa law enforcement academy may select at least 18 29 five automobiles of the department of public safety, division 18 30 of the Iowa state patrol, prior to turning over the 18 31 automobiles to the state fleet administrator to be disposed of 18 32 by public auction and the Iowa law enforcement academy may 18 33 exchange any automobile owned by the academy for each 18 34 automobile selected if the selected automobile is used in 18 35 training law enforcement officers at the academy. However, 19 1 any automobile exchanged by the academy shall be substituted 19 2 for the selected vehicle of the department of public safety 19 3 and sold by public auction with the receipts being deposited 19 4 in the depreciation fund to the credit of the department of 19 5 public safety, division of the Iowa state patrol. 19 6 Sec. 13. BOARD OF PAROLE. There is appropriated from the 19 7 general fund of the state to the board of parole for the 19 8 fiscal year beginning July 1, 2000, and ending June 30, 2001, 19 9 the following amount, or so much thereof as is necessary, to 19 10 be used for the purposes designated: 19 11 For salaries, support, maintenance, including maintenance 19 12 of an automated docket and the board's automated risk 19 13 assessment model, employment of two statistical research 19 14 analysts to assist with the application of the risk assessment 19 15 model in the parole decision-making process, miscellaneous 19 16 purposes, and for not more than the following full-time 19 17 equivalent positions: 19 18 ................................................. $ 1,042,404 19 19 .............................................. FTEs 18.00 19 20 A portion of the funds appropriated in this section shall 19 21 be used to continue a pilot program for probation violations 19 22 in the sixth judicial district department of correctional 19 23 services. Data shall be maintained to evaluate the pilot 19 24 program. 19 25 Sec. 14. DEPARTMENT OF PUBLIC DEFENSE. There is 19 26 appropriated from the general fund of the state to the 19 27 department of public defense for the fiscal year beginning 19 28 July 1, 2000, and ending June 30, 2001, the following amounts, 19 29 or so much thereof as is necessary, to be used for the 19 30 purposes designated: 19 31 1. MILITARY DIVISION 19 32 For salaries, support, maintenance, miscellaneous purposes, 19 33 and for not more than the following full-time equivalent 19 34 positions: 19 35 ................................................ $ 4,992,231 20 1 .............................................. FTEs 254.76 20 2 If there is a surplus in the general fund of the state for 20 3 the fiscal year ending June 30, 2001, within 60 days after the 20 4 close of the fiscal year, the military division may incur up 20 5 to an additional $500,000 in expenditures from the surplus 20 6 prior to transfer of the surplus pursuant to section 8.57. 20 7 2. EMERGENCY MANAGEMENT DIVISION 20 8 For salaries, support, maintenance, miscellaneous purposes, 20 9 and for not more than the following full-time equivalent 20 10 positions: 20 11 ................................................. $ 1,032,186 20 12 .............................................. FTEs 25.25 20 13 Sec. 15. DEPARTMENT OF PUBLIC SAFETY. There is 20 14 appropriated from the general fund of the state to the 20 15 department of public safety for the fiscal year beginning July 20 16 1, 2000, and ending June 30, 2001, the following amounts, or 20 17 so much thereof as is necessary, to be used for the purposes 20 18 designated: 20 19 1. For the department's administrative functions, 20 20 including the criminal justice information system, and for not 20 21 more than the following full-time equivalent positions: 20 22 ................................................. $ 2,553,129 20 23 .............................................. FTEs 38.80 20 24 2. For the division of criminal investigation and bureau 20 25 of identification including the state's contribution to the 20 26 peace officers' retirement, accident, and disability system 20 27 provided in chapter 97A in the amount of 17 percent of the 20 28 salaries for which the funds are appropriated, to meet federal 20 29 fund matching requirements, and for not more than the 20 30 following full-time equivalent positions: 20 31 ................................................. $ 12,470,844 20 32 .............................................. FTEs 233.50 20 33 Riverboat enforcement costs shall be billed in accordance 20 34 with section 99F.10, subsection 4. The costs shall be not 20 35 more than the department's estimated expenditures, including 21 1 salary adjustment, for riverboat enforcement for the fiscal 21 2 year. 21 3 The department of public safety, with the approval of the 21 4 department of management, may employ no more than two special 21 5 agents and four gaming enforcement officers for each 21 6 additional riverboat regulated after July 1, 2000, and one 21 7 special agent for each racing facility which becomes 21 8 operational during the fiscal year which begins July 1, 2000. 21 9 One additional gaming enforcement officer, up to a total of 21 10 four per boat, may be employed for each riverboat that has 21 11 extended operations to 24 hours and has not previously 21 12 operated with a 24-hour schedule. Positions authorized in 21 13 this paragraph are in addition to the full-time equivalent 21 14 positions authorized in this subsection. 21 15 3. a. For the division of narcotics enforcement, 21 16 including the state's contribution to the peace officers' 21 17 retirement, accident, and disability system provided in 21 18 chapter 97A in the amount of 17 percent of the salaries for 21 19 which the funds are appropriated, to meet federal fund 21 20 matching requirements, and for not more than the following 21 21 full-time equivalent positions: 21 22 ................................................. $ 3,972,285 21 23 .............................................. FTEs 65.00 21 24 b. For the division of narcotics enforcement for 21 25 undercover purchases: 21 26 ................................................. $ 139,202 21 27 4. a. For the state fire marshal's office, including the 21 28 state's contribution to the peace officers' retirement, 21 29 accident, and disability system provided in chapter 97A in the 21 30 amount of 17 percent of the salaries for which the funds are 21 31 appropriated, and for not more than the following full-time 21 32 equivalent positions: 21 33 ................................................. $ 1,930,061 21 34 ............................................... FTEs 35.80 21 35 b. For the state fire marshal's office, for fire 22 1 protection services as provided through the state fire service 22 2 and emergency response council as created in the department, 22 3 and for not more than the following full-time equivalent 22 4 positions: 22 5 ................................................. $ 590,591 22 6 .............................................. FTEs 12.00 22 7 5. For the capitol police division, including the state's 22 8 contribution to the peace officers' retirement, accident, and 22 9 disability system provided in chapter 97A in the amount of 17 22 10 percent of the salaries for which the funds are appropriated 22 11 and for not more than the following full-time equivalent 22 12 positions: 22 13 ................................................. $ 1,386,588 22 14 .............................................. FTEs 27.00 22 15 6. For the division of the Iowa state patrol of the 22 16 department of public safety, for salaries, support, 22 17 maintenance, workers' compensation costs, and miscellaneous 22 18 purposes, including the state's contribution to the peace 22 19 officers' retirement, accident, and disability system provided 22 20 in chapter 97A in the amount of 17 percent of the salaries for 22 21 which the funds are appropriated, and for not more than the 22 22 following full-time equivalent positions: 22 23 ................................................. $ 38,686,879 22 24 .............................................. FTEs 579.25 22 25 7. For costs associated with the maintenance of the 22 26 automated fingerprint information system (AFIS): 22 27 ................................................. $ 269,425 22 28 8. An employee of the department of public safety who 22 29 retires after July 1, 2000, but prior to June 30, 2001, is 22 30 eligible for payment of life or health insurance premiums as 22 31 provided for in the collective bargaining agreement covering 22 32 the public safety bargaining unit at the time of retirement if 22 33 that employee previously served in a position which would have 22 34 been covered by the agreement. The employee shall be given 22 35 credit for the service in that prior position as though it 23 1 were covered by that agreement. The provisions of this 23 2 subsection shall not operate to reduce any retirement benefits 23 3 an employee may have earned under other collective bargaining 23 4 agreements or retirement programs. 23 5 9. For costs associated with the training and equipment 23 6 needs of volunteer fire fighters and for not more than the 23 7 following full-time equivalent positions: 23 8 ................................................. $ 709,405 23 9 .............................................. FTEs 1.00 23 10 Notwithstanding section 8.33, moneys appropriated in this 23 11 subsection that remain unobligated or unexpended at the close 23 12 of the fiscal year shall not revert but shall remain available 23 13 for expenditure only for the purpose designated in this 23 14 subsection until the close of the succeeding fiscal year. 23 15 Sec. 16. Section 18.6, Code Supplement 1999, is amended by 23 16 adding the following new subsection: 23 17 NEW SUBSECTION. 16. The department shall not award a 23 18 contract to a bidder for a construction, reconstruction, 23 19 demolition, or repair project or improvement with an estimated 23 20 cost that exceeds twenty-five thousand dollars in which the 23 21 bid requires the use of inmate labor supplied by the 23 22 department of corrections, but not employed by private 23 23 industry pursuant to section 904.809, to perform the project 23 24 or improvement. 23 25 Sec. 17. Section 99D.14, Code 1999, is amended by adding 23 26 the following new subsection: 23 27 NEW SUBSECTION. 7. A licensee shall pay a fee in an 23 28 amount representing eighty percent of the salary costs of the 23 29 division of criminal investigation of the department of public 23 30 safety for enforcement of this chapter and an additional 23 31 amount for the division's costs to enforce this chapter which, 23 32 for all licensees, shall not exceed thirty thousand dollars. 23 33 Sec. 18. Section 99F.10, subsection 4, Code 1999, is 23 34 amended to read as follows: 23 35 4. In determining the license fees and state admission 24 1 fees to be charged as provided under section 99F.4 and this 24 2 section, the commission shall use the amount appropriated to 24 3 the commission plus the cost of salaries for no more than two 24 4 special agents and no more than four gaming enforcement 24 5 officers for each excursion gambling boat for the division of 24 6 criminal investigation's excursion gambling boat activities 24 7 and an amount for all licensees, not to exceed one hundred 24 8 twenty-five thousand dollars, representing other associated 24 9 costs of the division, as the basis for determining the amount 24 10 of revenue to be raised from the license fees and admission 24 11 fees. The division's salary costs shall be limited tosixty-24 12fiveeighty percent of the salary costs for special agents and 24 13sixty-fiveeighty percent of the salary costs for gaming 24 14 enforcement for personnel assigned to excursion gambling boats 24 15 who enforce laws and rules adopted by the commission. 24 16 Sec. 19. Section 99F.4A, Code 1999, is amended by adding 24 17 the following new subsection: 24 18 NEW SUBSECTION. 8. A licensee shall pay a fee in an 24 19 amount representing eighty percent of the salary costs of the 24 20 division of criminal investigation of the department of public 24 21 safety for enforcement of this chapter. 24 22 Sec. 20. Section 100.1, Code 1999, is amended by added by 24 23 the following new subsection: 24 24 NEW SUBSECTION. 6. To adopt rules designating a fee to be 24 25 assessed to each building, structure, or facility for which a 24 26 fire safety inspection by the state fire marshal is required 24 27 as a condition of licensure. The fee designated by rule shall 24 28 be set in an amount that is reasonably related to the costs of 24 29 conducting the applicable inspection. The fees collected by 24 30 the state fire marshal shall be deposited in the general fund 24 31 of the state. 24 32 Sec. 21. Section 103A.23, Code 1999, is amended to read as 24 33 follows: 24 34 103A.23 FEES. 24 35 For the purpose of obtaining revenue to defray the costs of 25 1 administering the provisions of this chapter, the commissioner 25 2 shall establish by rule a schedule of fees based upon the 25 3 costs of administration which fees shall be collected from 25 4 persons whose manufacture, installation or construction is 25 5 subject to the provisions of the state building code. For the 25 6 performance of building plan reviews by the department of 25 7 public safety, the commissioner shall establish by rule a fee, 25 8 chargeable to the owner of the building, which shall be equal 25 9 to a percentage of the estimated total valuation of the 25 10 building and which shall be in an amount reasonably related to 25 11 the cost of conducting the review. If the commissioner 25 12 establishes by rule a fee for the performance of a building 25 13 plan review by the department, the commissioner shall also 25 14 provide by rule that the failure of the department to approve 25 15 or disapprove a building plan review within sixty days of 25 16 submission of the plan shall be deemed to be an approval of 25 17 the plan. 25 18 All fees collected by the commissioner shall be deposited 25 19 in the state treasury to the credit of the general fund of the 25 20 state. 25 21 All federal grants to and federal receipts of the office of 25 22 state building code commissioner are appropriated for the 25 23 purpose set forth in the federal grants or receipts. 25 24 Sec. 22. Section 904.315, Code 1999, is amended to read as 25 25 follows: 25 26 904.315 CONTRACTS FOR IMPROVEMENTS. 25 27 The director of the department of general services shall, 25 28 in writing, let all contracts for authorized improvements 25 29 costing in excess of twenty-five thousand dollars under 25 30 chapter 18. Upon prior authorization by the director, 25 31 improvements costing five thousand dollars or less may be made 25 32 by the superintendent of any institution. 25 33Contracts areA contract is not required for improvements 25 34 at a state institution where the labor of inmates is to be 25 35 used if the contract is not for a construction, 26 1 reconstruction, demolition, or repair project or improvement 26 2 with an estimated cost in excess of twenty-five thousand 26 3 dollars. 26 4 Sec. 23. Section 904.508A, Code 1999, is amended to read 26 5 as follows: 26 6 904.508A INMATE TELEPHONE REBATE FUND. 26 7The department is authorized to establish and maintain an26 8 An inmate telephone rebate fundin each institution for the26 9deposit of moneysis created in the office of the treasurer of 26 10 state. Moneys received by the department or an institution 26 11 for inmate telephone rebates shall be deposited in the fund. 26 12All funds deposited in thisMoneys deposited in the fund shall 26 13 be used only as provided in appropriations from the fund and 26 14 shall be used for the benefit of inmates.The director shall26 15adopt rules providing for the disbursement of moneys from the26 16fund.26 17 Sec. 24. Section 905.14, subsection 1, Code 1999, is 26 18 amended to read as follows: 26 19 1. A person placed on probation or parole and subject to 26 20 supervision by a district department shall be required to pay 26 21 an enrollment fee of two hundred fifty dollars to the district 26 22 department to offset the costs of supervision.The fee shall26 23be based on the offense class of the most serious offense for26 24which the person has received probation or parole, including26 25deferred judgments or deferred sentences, and shall be as26 26follows:26 27a. For a felony, one hundred fifty dollars.26 28b. For an aggravated misdemeanor, one hundred twenty-five26 29dollars.26 30c. For a serious or simple misdemeanor, one hundred26 31dollars.26 32 Sec. 25. 1998 Iowa Acts, chapter 1101, section 15, 26 33 subsection 2, as amended by 1999 Iowa Acts, chapter 202, 26 34 section 25, is amended to read as follows: 26 35 2. a. There is appropriated from surcharge moneys 27 1 received by the E911 administrator and deposited into the 27 2 wireless E911 emergency communications fund, fortheeach 27 3 fiscal year in the fiscal period beginning July 1, 1998, and 27 4for the fiscal year beginning July 1, 1999ending June 30, 27 5 2001, an amount not to exceed two hundred thousand dollars to 27 6 be used for the implementation, support, and maintenance of 27 7 the functions of the E911 administrator. The amount 27 8 appropriated in this paragraph includes any amounts necessary 27 9 to reimburse the division of emergency management of the 27 10 department of public defense pursuant to paragraph "b". 27 11 b. Notwithstanding the distribution formula in section 27 12 34A.7A, as enacted in this Act, and prior to any such 27 13 distribution, of the initial surcharge moneys received by the 27 14 E911 administrator and deposited into the wireless E911 27 15 emergency communications fund, fortheeach fiscal year in the 27 16 fiscal period beginning July 1, 1998, andfor the fiscal year27 17beginning July 1, 1999ending June 30, 2001, an amountshall27 18be transferredis appropriated to the division of emergency 27 19 management of the department of public defense as necessary to 27 20 reimburse the division for amounts expended for the 27 21 implementation, support, and maintenance of the E911 27 22 administrator, including the E911 administrator's salary. 27 23 Sec. 26. CORRECTIONAL FARMS – STUDY. The legislative 27 24 council is requested to establish a legislative interim 27 25 committee to study issues concerning the use of correctional 27 26 farms under the control of the department of corrections. The 27 27 committee shall consider, among other issues, possible ways to 27 28 create job opportunities for inmates at the farms and the 27 29 possible sale or rental of farmland under the control of the 27 30 department. The interim committee shall submit a report and 27 31 recommendations to the general assembly for the 2001 27 32 legislative session. 27 33 Sec. 27. SEX OFFENDER REGISTRY – STUDY. The legislative 27 34 council is requested to establish a legislative interim 27 35 committee to study issues concerning the operation of the sex 28 1 offender registry program pursuant to chapter 692A. The 28 2 committee should be directed to assess the current 28 3 effectiveness of the sex offender registry program and to 28 4 consider, among other issues, the method of determining 28 5 placement on the registry, the timeliness of information 28 6 placed on the registry, and the dissemination of information 28 7 on the registry. In conducting its study, the committee 28 8 should examine the effectiveness of sex offender registry 28 9 programs in other states and should consider testimony from 28 10 interested stakeholders involved in Iowa's sex offender 28 11 registry program at both the state and local level. The 28 12 interim committee should submit a report, including its 28 13 findings and recommendations, to the general assembly for the 28 14 2001 legislative session. 28 15 Sec. 28. EFFECTIVE DATE. Section 23 of this Act, amending 28 16 section 904.508A, takes effect July 1, 2001. 28 17 HF 2552 28 18 ec/jg/25
Text: HF02551 Text: HF02553 Text: HF02500 - HF02599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
© 2000 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Tue Aug 29 13:36:01 CDT 2000
URL: /DOCS/GA/78GA/Legislation/HF/02500/HF02552/000501.html
jhf