Text: HSB00776 Text: HSB00778 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. DEPARTMENT OF JUSTICE. There is appropriated 1 2 from the general fund of the state to the department of 1 3 justice for the fiscal year beginning July 1, 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 ................................................. $ 29,939,361 5 27 ............................................... FTEs 531.50 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 .................................................. $ 23,573,251 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 .................................................. $ 20,499,682 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 .................................................. $ 22,702,023 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 .................................................. $ 21,383,028 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 .................................................. $ 6,916,137 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 .................................................. $ 17,807,672 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 .................................................. $ 11,954,276 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. 9 21 d. The department of general services shall, 9 22 notwithstanding any provisions of law or rule to the contrary, 9 23 permit the department of corrections the opportunity to 9 24 acquire, at no cost, computers that would otherwise be 9 25 disposed of by the department of general services. The 9 26 department of corrections shall use computers acquired under 9 27 this paragraph to provide educational training and programs 9 28 for inmates. 9 29 e. It is the intent of the general assembly that each 9 30 lease negotiated by the department of corrections with a 9 31 private corporation for the purpose of providing private 9 32 industry employment of inmates in a correctional institution 9 33 shall prohibit the private corporation from utilizing inmate 9 34 labor for partisan political purposes for any person seeking 9 35 election to public office in this state and that a violation 10 1 of this requirement shall result in a termination of the lease 10 2 agreement. 10 3 f. It is the intent of the general assembly that as a 10 4 condition of receiving the appropriation provided in this 10 5 subsection, the department of corrections shall not enter into 10 6 a lease or contractual agreement pursuant to section 904.809 10 7 with a private corporation for the use of building space for 10 8 the purpose of providing inmate employment without providing 10 9 that the terms of the lease or contract establish safeguards 10 10 to restrict, to the greatest extent feasible, access by 10 11 inmates working for the private corporation to personal 10 12 identifying information of citizens. 10 13 g. It is the intent of the general assembly that as a 10 14 condition of receiving the appropriation provided in this 10 15 subsection, the department of corrections shall not enter into 10 16 any new agreement with a private for-profit agency or 10 17 corporation for the purpose of transferring inmates under the 10 18 custody of the department to a jail or correctional facility 10 19 or institution in this state which is established, maintained, 10 20 or operated by a private for-profit agency or corporation 10 21 without prior approval by the general assembly. 10 22 2. For salaries, support, maintenance, miscellaneous 10 23 purposes, and for not more than the following full-time 10 24 equivalent positions at the correctional training center at 10 25 Mt. Pleasant: 10 26 .................................................. $ 486,247 10 27 ............................................... FTEs 8.07 10 28 3. For annual payment relating to the financial 10 29 arrangement for the construction of expansion in prison 10 30 capacity as provided in 1990 Iowa Acts, chapter 1257, section 10 31 24: 10 32 .................................................. $ 796,940 10 33 4. For educational programs for inmates at state penal 10 34 institutions: 10 35 .................................................. $ 3,294,775 11 1 It is the intent of the general assembly that moneys 11 2 appropriated in this subsection shall be used solely for the 11 3 purpose indicated and that the moneys shall not be transferred 11 4 for any other purpose. In addition, it is the intent of the 11 5 general assembly that the department shall consult with the 11 6 community colleges in the areas in which the institutions are 11 7 located to utilize moneys appropriated in this subsection to 11 8 fund the high school completion, high school equivalency 11 9 diploma, adult literacy, and adult basic education programs in 11 10 a manner so as to maintain these programs at the institutions. 11 11 To maximize the funding for educational programs, the 11 12 department shall establish guidelines and procedures to 11 13 prioritize the availability of educational and vocational 11 14 training for inmates based upon the goal of facilitating an 11 15 inmate's successful release from the correctional institution. 11 16 Notwithstanding section 8.33, moneys appropriated in this 11 17 subsection that remain unobligated or unexpended at the close 11 18 of the fiscal year shall not revert but shall remain available 11 19 for expenditure only for the purposes designated in this 11 20 subsection until the close of the succeeding fiscal year. 11 21 5. For the development of the departmental-wide Iowa 11 22 corrections offender network (ICON) data system: 11 23 .................................................. $ 600,000 11 24 6. The department of corrections shall submit a report to 11 25 the general assembly on January 1, 2001, concerning progress 11 26 made in implementing the requirements of section 904.701, 11 27 concerning hard labor by inmates. 11 28 7. It is the intent of the general assembly that the 11 29 department of corrections shall continue to operate the 11 30 correctional farms under the control of the department at the 11 31 same or greater level of participation and involvement as 11 32 existed as of January 1, 2000, shall not enter into any rental 11 33 agreement or contract concerning any farmland under the 11 34 control of the department that is not subject to a rental 11 35 agreement or contract as of January 1, 2000, without prior 12 1 legislative approval, and shall further attempt to provide job 12 2 opportunities at the farms for inmates. The department shall 12 3 attempt to provide job opportunities at the farms for inmates 12 4 by encouraging labor-intensive farming or gardening where 12 5 appropriate, using inmates to grow produce and meat for 12 6 institutional consumption, researching the possibility of 12 7 instituting food canning and cook-and-chill operations, and 12 8 exploring opportunities for organic farming and gardening, 12 9 livestock ventures, horticulture, and specialized crops. 12 10 8. The department of corrections shall submit a report to 12 11 the general assembly by January 1, 2001, concerning moneys 12 12 recouped from inmate earnings for the reimbursement of 12 13 operational expenses of the applicable facility during the 12 14 fiscal year beginning July 1, 1999, for each correctional 12 15 institution and judicial district department of correctional 12 16 services. In addition, each correctional institution and 12 17 judicial district department of correctional services shall 12 18 continue to submit a report to each member of the joint 12 19 appropriations subcommittee on the justice system and the 12 20 legislative fiscal bureau on a monthly basis concerning moneys 12 21 recouped from inmate earnings for the reimbursement of 12 22 operational expenses for each correctional institution and 12 23 district department during the previous calendar month. 12 24 Sec. 6. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 12 25 SERVICES. 12 26 1. There is appropriated from the general fund of the 12 27 state to the department of corrections for the fiscal year 12 28 beginning July 1, 2000, and ending June 30, 2001, the 12 29 following amounts, or so much thereof as is necessary, to be 12 30 allocated as follows: 12 31 a. For the first judicial district department of 12 32 correctional services, including the treatment and supervision 12 33 of probation and parole violators who have been released from 12 34 the department of corrections violator program, the following 12 35 amount, or so much thereof as is necessary: 13 1 .................................................. $ 8,629,425 13 2 b. For the second judicial district department of 13 3 correctional services, including the treatment and supervision 13 4 of probation and parole violators who have been released from 13 5 the department of corrections violator program, the following 13 6 amount, or so much thereof as is necessary: 13 7 .................................................. $ 6,719,176 13 8 c. For the third judicial district department of 13 9 correctional services, including the treatment and supervision 13 10 of probation and parole violators who have been released from 13 11 the department of corrections violator program, the following 13 12 amount, or so much thereof as is necessary: 13 13 .................................................. $ 3,991,894 13 14 d. For the fourth judicial district department of 13 15 correctional services, including the treatment and supervision 13 16 of probation and parole violators who have been released from 13 17 the department of corrections violator program, the following 13 18 amount, or so much thereof as is necessary: 13 19 .................................................. $ 3,130,030 13 20 e. For the fifth judicial district department of 13 21 correctional services, including the treatment and supervision 13 22 of probation and parole violators who have been released from 13 23 the department of corrections violator program, the following 13 24 amount, or so much thereof as is necessary: 13 25 .................................................. $ 11,502,993 13 26 f. For the sixth judicial district department of 13 27 correctional services, including the treatment and supervision 13 28 of probation and parole violators who have been released from 13 29 the department of corrections violator program, the following 13 30 amount, or so much thereof as is necessary: 13 31 .................................................. $ 8,711,480 13 32 g. For the seventh judicial district department of 13 33 correctional services, including the treatment and supervision 13 34 of probation and parole violators who have been released from 13 35 the department of corrections violator program, the following 14 1 amount, or so much thereof as is necessary: 14 2 .................................................. $ 5,171,401 14 3 h. For the eighth judicial district department of 14 4 correctional services, including the treatment and supervision 14 5 of probation and parole violators who have been released from 14 6 the department of corrections violator program, the following 14 7 amount, or so much thereof as is necessary: 14 8 .................................................. $ 4,980,350 14 9 i. For the department of corrections for the assistance 14 10 and support of each judicial district department of 14 11 correctional services, the following amount, or so much 14 12 thereof as is necessary: 14 13 .................................................. $ 83,576 14 14 2. Each judicial district department of correctional 14 15 services shall continue programs and plans established within 14 16 that district to provide for intensive supervision, sex 14 17 offender treatment, diversion of low-risk offenders to the 14 18 least restrictive sanction available, job development, and 14 19 expanded use of intermediate criminal sanctions. 14 20 3. The department of corrections shall continue to 14 21 contract with a judicial district department of correctional 14 22 services to provide for the rental of electronic monitoring 14 23 equipment which shall be available statewide. 14 24 4. Each judicial district department of correctional 14 25 services and the department of corrections shall continue the 14 26 treatment alternatives to street crime programs established in 14 27 1989 Iowa Acts, chapter 225, section 9. 14 28 5. The governor's alliance on substance abuse shall 14 29 consider federal grants made to the department of corrections 14 30 for the benefit of each of the eight judicial district 14 31 departments of correctional services as local government 14 32 grants, as defined pursuant to federal regulations. 14 33 6. Each judicial district department of correctional 14 34 services shall provide a report concerning the treatment and 14 35 supervision of probation and parole violators who have been 15 1 released from the department of corrections violator program, 15 2 to the co-chairpersons and ranking members of the joint 15 3 appropriations subcommittee on the justice system and the 15 4 legislative fiscal bureau, on or before January 15, 2001. 15 5 7. In addition to the requirements of section 8.39, the 15 6 department of corrections shall not make an intradepartmental 15 7 transfer of moneys appropriated to the department, unless 15 8 notice of the intradepartmental transfer is given prior to its 15 9 effective date to the legislative fiscal bureau. The notice 15 10 shall include information on the department's rationale for 15 11 making the transfer and details concerning the work load and 15 12 performance measures upon which the transfers are based. 15 13 8. Each judicial district department of correctional 15 14 services shall submit a report to the general assembly by 15 15 January 8, 2001, concerning what action, if any, the district 15 16 department has taken in order to implement, or not implement, 15 17 an intermediate criminal sanctions program as provided by 15 18 section 901B.1. If the district department has implemented 15 19 such a program, the report shall include information as to the 15 20 effectiveness of the program. 15 21 Sec. 7. CORRECTIONAL INSTITUTIONS – VOCATIONAL TRAINING. 15 22 1. The state prison industries board and the department of 15 23 corrections shall continue the implementation of a plan to 15 24 enhance vocational training opportunities within the 15 25 correctional institutions listed in section 904.102, as 15 26 provided in 1993 Iowa Acts, chapter 171, section 12. The plan 15 27 shall provide for increased vocational training opportunities 15 28 within the correctional institutions, including the 15 29 possibility of approving community college credit for inmates 15 30 working in prison industries. The department of corrections 15 31 shall provide a report concerning the implementation of the 15 32 plan to the co-chairpersons and ranking members of the joint 15 33 appropriations subcommittee on the justice system and the 15 34 legislative fiscal bureau, on or before January 15, 2001. 15 35 2. It is the intent of the general assembly that each 16 1 correctional facility make all reasonable efforts to maintain 16 2 vocational education programs for inmates and to identify 16 3 available funding sources to continue these programs. The 16 4 department of corrections shall submit a report to the general 16 5 assembly by January 1, 2001, concerning the efforts made by 16 6 each correctional facility in maintaining vocational education 16 7 programs for inmates. 16 8 Sec. 8. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 16 9 1. As used in this section, unless the context otherwise 16 10 requires, "state agency" means the government of the state of 16 11 Iowa, including but not limited to all executive departments, 16 12 agencies, boards, bureaus, and commissions, the judicial 16 13 branch, the general assembly and all legislative agencies, 16 14 institutions within the purview of the state board of regents, 16 15 and any corporation whose primary function is to act as an 16 16 instrumentality of the state. 16 17 2. State agencies are hereby encouraged to purchase 16 18 products from Iowa state industries, as defined in section 16 19 904.802, when purchases are required and the products are 16 20 available from Iowa state industries. 16 21 3. State agencies shall submit to the legislative fiscal 16 22 bureau by January 15, 2001, a report of the dollar value of 16 23 products and services purchased from Iowa state industries by 16 24 the state agency during the fiscal year beginning July 1, 16 25 1999, and ending June 30, 2000. 16 26 Sec. 9. STATE PUBLIC DEFENDER. There is appropriated from 16 27 the general fund of the state to the office of the state 16 28 public defender of the department of inspections and appeals 16 29 for the fiscal year beginning July 1, 2000, and ending June 16 30 30, 2001, the following amounts, or so much thereof as is 16 31 necessary, for the purposes designated: 16 32 .................................................. $ 35,103,664 16 33 The funds appropriated and full-time equivalent positions 16 34 authorized in this section are allocated as follows: 16 35 1. For salaries, support, maintenance, and miscellaneous 17 1 purposes, and for not more than the following full-time 17 2 equivalent positions: 17 3 .................................................. $ 13,899,288 17 4 ............................................... FTEs 201.00 17 5 2. For the fees of court-appointed attorneys for indigent 17 6 adults and juveniles, in accordance with section 232.141 and 17 7 chapter 815: 17 8 .................................................. $ 21,204,376 17 9 Sec. 10. IOWA CORRECTIONS OFFENDER NETWORK DATA SYSTEM. 17 10 The department of corrections shall submit a report to the co- 17 11 chairpersons and ranking members of the joint appropriations 17 12 subcommittee on the justice system and the legislative fiscal 17 13 bureau, on or before January 15, 2001, concerning the 17 14 development and implementation of the Iowa corrections 17 15 offender network (ICON) data system. The report shall include 17 16 a description of the system and functions, a plan for 17 17 implementation of the system, including a timeline, resource 17 18 and staffing requirements for the system, and a current status 17 19 and progress report concerning the implementation of the 17 20 system. In addition, the report shall specifically address 17 21 the ability of the system to receive and transmit data between 17 22 prisons, community-based corrections district departments, the 17 23 judicial branch, board of parole, the criminal and juvenile 17 24 justice planning division of the department of human rights, 17 25 the department of public safety, and other applicable 17 26 governmental agencies. The report should include a detailed 17 27 discussion of the cooperation with other state agencies and 17 28 the judicial branch in the development and implementation of 17 29 the system. 17 30 Sec. 11. IOWA LAW ENFORCEMENT ACADEMY. There is 17 31 appropriated from the general fund of the state to the Iowa 17 32 law enforcement academy for the fiscal year beginning July 1, 17 33 2000, and ending June 30, 2001, the following amount, or so 17 34 much thereof as is necessary, to be used for the purposes 17 35 designated: 18 1 1. For salaries, support, maintenance, miscellaneous 18 2 purposes, including jailer training and technical assistance, 18 3 and for not more than the following full-time equivalent 18 4 positions: 18 5 .................................................. $ 1,365,029 18 6 ............................................... FTEs 31.05 18 7 It is the intent of the general assembly that the Iowa law 18 8 enforcement academy may provide training of state and local 18 9 law enforcement personnel concerning the recognition of and 18 10 response to persons with Alzheimer's disease. 18 11 2. The Iowa law enforcement academy may select at least 18 12 five automobiles of the department of public safety, division 18 13 of the Iowa state patrol, prior to turning over the 18 14 automobiles to the state fleet administrator to be disposed of 18 15 by public auction and the Iowa law enforcement academy may 18 16 exchange any automobile owned by the academy for each 18 17 automobile selected if the selected automobile is used in 18 18 training law enforcement officers at the academy. However, 18 19 any automobile exchanged by the academy shall be substituted 18 20 for the selected vehicle of the department of public safety 18 21 and sold by public auction with the receipts being deposited 18 22 in the depreciation fund to the credit of the department of 18 23 public safety, division of the Iowa state patrol. 18 24 Sec. 12. BOARD OF PAROLE. There is appropriated from the 18 25 general fund of the state to the board of parole for the 18 26 fiscal year beginning July 1, 2000, and ending June 30, 2001, 18 27 the following amount, or so much thereof as is necessary, to 18 28 be used for the purposes designated: 18 29 For salaries, support, maintenance, including maintenance 18 30 of an automated docket and the board's automated risk 18 31 assessment model, employment of two statistical research 18 32 analysts to assist with the application of the risk assessment 18 33 model in the parole decision-making process, miscellaneous 18 34 purposes, and for not more than the following full-time 18 35 equivalent positions: 19 1 .................................................. $ 1,042,404 19 2 ............................................... FTEs 18.00 19 3 A portion of the funds appropriated in this section shall 19 4 be used to continue a pilot program for probation violations 19 5 in the sixth judicial district department of correctional 19 6 services. Data shall be maintained to evaluate the pilot 19 7 program. 19 8 Sec. 13. DEPARTMENT OF PUBLIC DEFENSE. There is 19 9 appropriated from the general fund of the state to the 19 10 department of public defense for the fiscal year beginning 19 11 July 1, 2000, and ending June 30, 2001, the following amounts, 19 12 or so much thereof as is necessary, to be used for the 19 13 purposes designated: 19 14 1. MILITARY DIVISION 19 15 For salaries, support, maintenance, miscellaneous purposes, 19 16 and for not more than the following full-time equivalent 19 17 positions: 19 18 ................................................. $ 4,992,231 19 19 ............................................... FTEs 254.76 19 20 If there is a surplus in the general fund of the state for 19 21 the fiscal year ending June 30, 2001, within 60 days after the 19 22 close of the fiscal year, the military division may incur up 19 23 to an additional $500,000 in expenditures from the surplus 19 24 prior to transfer of the surplus pursuant to section 8.57. 19 25 2. EMERGENCY MANAGEMENT DIVISION 19 26 For salaries, support, maintenance, miscellaneous purposes, 19 27 and for not more than the following full-time equivalent 19 28 positions: 19 29 .................................................. $ 1,032,186 19 30 ............................................... FTEs 25.25 19 31 Sec. 14. DEPARTMENT OF PUBLIC SAFETY. There is 19 32 appropriated from the general fund of the state to the 19 33 department of public safety for the fiscal year beginning July 19 34 1, 2000, and ending June 30, 2001, the following amounts, or 19 35 so much thereof as is necessary, to be used for the purposes 20 1 designated: 20 2 1. For the department's administrative functions, 20 3 including the criminal justice information system, and for not 20 4 more than the following full-time equivalent positions: 20 5 .................................................. $ 2,553,129 20 6 ............................................... FTEs 38.80 20 7 2. For the division of criminal investigation and bureau 20 8 of identification including the state's contribution to the 20 9 peace officers' retirement, accident, and disability system 20 10 provided in chapter 97A in the amount of 17 percent of the 20 11 salaries for which the funds are appropriated, to meet federal 20 12 fund matching requirements, and for not more than the 20 13 following full-time equivalent positions: 20 14 .................................................. $ 12,215,423 20 15 ............................................... FTEs 229.50 20 16 Riverboat enforcement costs shall be billed in accordance 20 17 with section 99F.10, subsection 4. The costs shall be not 20 18 more than the department's estimated expenditures, including 20 19 salary adjustment, for riverboat enforcement for the fiscal 20 20 year. 20 21 The department of public safety, with the approval of the 20 22 department of management, may employ no more than two special 20 23 agents and four gaming enforcement officers for each 20 24 additional riverboat regulated after July 1, 2000, and one 20 25 special agent for each racing facility which becomes 20 26 operational during the fiscal year which begins July 1, 2000. 20 27 One additional gaming enforcement officer, up to a total of 20 28 four per boat, may be employed for each riverboat that has 20 29 extended operations to 24 hours and has not previously 20 30 operated with a 24-hour schedule. Positions authorized in 20 31 this paragraph are in addition to the full-time equivalent 20 32 positions authorized in this subsection. 20 33 3. a. For the division of narcotics enforcement, 20 34 including the state's contribution to the peace officers' 20 35 retirement, accident, and disability system provided in 21 1 chapter 97A in the amount of 17 percent of the salaries for 21 2 which the funds are appropriated, to meet federal fund 21 3 matching requirements, and for not more than the following 21 4 full-time equivalent positions: 21 5 .................................................. $ 3,623,997 21 6 ............................................... FTEs 61.00 21 7 b. For the division of narcotics enforcement for 21 8 undercover purchases: 21 9 .................................................. $ 139,202 21 10 4. For the state fire marshal's office, including the 21 11 state's contribution to the peace officers' retirement, 21 12 accident, and disability system provided in chapter 97A in the 21 13 amount of 17 percent of the salaries for which the funds are 21 14 appropriated, and for not more than the following full-time 21 15 equivalent positions: 21 16 .................................................. $ 1,930,061 21 17 ............................................... FTEs 35.80 21 18 5. For the capitol police division, including the state's 21 19 contribution to the peace officers' retirement, accident, and 21 20 disability system provided in chapter 97A in the amount of 17 21 21 percent of the salaries for which the funds are appropriated 21 22 and for not more than the following full-time equivalent 21 23 positions: 21 24 .................................................. $ 1,386,588 21 25 ............................................... FTEs 27.00 21 26 6. For the division of the Iowa state patrol of the 21 27 department of public safety, for salaries, support, 21 28 maintenance, workers' compensation costs, and miscellaneous 21 29 purposes, including the state's contribution to the peace 21 30 officers' retirement, accident, and disability system provided 21 31 in chapter 97A in the amount of 17 percent of the salaries for 21 32 which the funds are appropriated, and for not more than the 21 33 following full-time equivalent positions: 21 34 .................................................. $ 38,686,879 21 35 ............................................... FTEs 579.25 22 1 7. For costs associated with the maintenance of the 22 2 automated fingerprint information system (AFIS): 22 3 .................................................. $ 269,425 22 4 8. An employee of the department of public safety who 22 5 retires after July 1, 2000, but prior to June 30, 2001, is 22 6 eligible for payment of life or health insurance premiums as 22 7 provided for in the collective bargaining agreement covering 22 8 the public safety bargaining unit at the time of retirement if 22 9 that employee previously served in a position which would have 22 10 been covered by the agreement. The employee shall be given 22 11 credit for the service in that prior position as though it 22 12 were covered by that agreement. The provisions of this 22 13 subsection shall not operate to reduce any retirement benefits 22 14 an employee may have earned under other collective bargaining 22 15 agreements or retirement programs. 22 16 9. For costs associated with the training and equipment 22 17 needs of volunteer fire fighters and for not more than the 22 18 following full-time equivalent positions: 22 19 .................................................. $ 709,405 22 20 ............................................... FTEs 1.00 22 21 Notwithstanding section 8.33, moneys appropriated in this 22 22 subsection that remain unobligated or unexpended at the close 22 23 of the fiscal year shall not revert but shall remain available 22 24 for expenditure only for the purpose designated in this 22 25 subsection until the close of the succeeding fiscal year. 22 26 Sec. 15. Section 99D.14, Code 1999, is amended by adding 22 27 the following new subsection: 22 28 NEW SUBSECTION. 7. A licensee shall pay a fee in an 22 29 amount representing one hundred percent of the costs of the 22 30 division of criminal investigation of the department of public 22 31 safety for enforcement of this chapter. 22 32 Sec. 16. Section 99F.10, subsection 4, Code 1999, is 22 33 amended to read as follows: 22 34 4. In determining the license fees and state admission 22 35 fees to be charged as provided under section 99F.4 and this 23 1 section, the commission shall use the amount appropriated to 23 2 the commission plusthe cost of salaries for no more than two23 3special agents and no more than four gaming enforcement23 4officers for each excursion gambling boatan amount, based 23 5 upon the appropriation to the division of criminal 23 6 investigation of the department of public safety, representing 23 7 the cost to the division of criminal investigation for the 23 8 division of criminal investigation's excursion gambling boat 23 9 activities as the basis for determining the amount of revenue 23 10 to be raised from the license fees and admission fees.TheIn 23 11 determining the amount representing the cost to the division 23 12 for its excursion gambling boat activities, the division's 23 13 salary costs shall be limited tosixty-fiveone hundred 23 14 percent of the salary costs for special agentsand sixty-five, 23 15 one hundred percent of thesalarycosts for gaming enforcement 23 16 for personnel assigned to excursion gambling boats who enforce 23 17 laws and rules adopted by the commission, and all other 23 18 associated costs for the enforcement of this chapter. 23 19 Sec. 17. Section 99F.4A, Code 1999, is amended by adding 23 20 the following new subsection: 23 21 NEW SUBSECTION. 8. A licensee shall pay a fee in an 23 22 amount representing one hundred percent of the costs of the 23 23 division of criminal investigation of the department of public 23 24 safety for enforcement of this chapter. 23 25 Sec. 18. Section 100.1, Code 1999, is amended by added by 23 26 the following new subsection: 23 27 NEW SUBSECTION. 6. To adopt rules designating a fee to be 23 28 assessed to each building, structure, or facility for which a 23 29 fire safety inspection by the state fire marshal is required 23 30 as a condition of licensure. The fee designated by rule shall 23 31 be set in an amount that is reasonably related to the costs of 23 32 conducting the applicable inspection. The fees collected by 23 33 the state fire marshal shall be deposited in the general fund 23 34 of the state. 23 35 Sec. 19. Section 103A.23, Code 1999, is amended to read as 24 1 follows: 24 2 103A.23 FEES. 24 3 For the purpose of obtaining revenue to defray the costs of 24 4 administering the provisions of this chapter, the commissioner 24 5 shall establish by rule a schedule of fees based upon the 24 6 costs of administration which fees shall be collected from 24 7 persons whose manufacture, installation or construction is 24 8 subject to the provisions of the state building code. For the 24 9 performance of building plan reviews by the department of 24 10 public safety, the commissioner shall establish by rule a fee 24 11 which shall be equal to a percentage of the estimated total 24 12 valuation of the building and which shall be in an amount 24 13 reasonably related to the cost of conducting the review. 24 14 All fees collected by the commissioner shall be deposited 24 15 in the state treasury to the credit of the general fund of the 24 16 state. 24 17 All federal grants to and federal receipts of the office of 24 18 state building code commissioner are appropriated for the 24 19 purpose set forth in the federal grants or receipts. 24 20 Sec. 20. Section 904.508A, Code 1999, is amended to read 24 21 as follows: 24 22 904.508A INMATE TELEPHONE REBATE FUND. 24 23The department is authorized to establish and maintain an24 24 An inmate telephone rebate fundin each institution for the24 25deposit of moneysis created in the office of the treasurer of 24 26 state. Moneys received by the department or an institution 24 27 for inmate telephone rebates shall be deposited in the fund. 24 28All funds deposited in thisMoneys deposited in the fund shall 24 29 be used only as provided in appropriations from the fund and 24 30 shall be used for the benefit of inmates.The director shall24 31adopt rules providing for the disbursement of moneys from the24 32fund.24 33 Sec. 21. Section 905.14, subsection 1, Code 1999, is 24 34 amended to read as follows: 24 35 1. A person placed on probation or parole and subject to 25 1 supervision by a district department shall be required to pay 25 2 an enrollment fee of two hundred fifty dollars to the district 25 3 department to offset the costs of supervision.The fee shall25 4be based on the offense class of the most serious offense for25 5which the person has received probation or parole, including25 6deferred judgments or deferred sentences, and shall be as25 7follows:25 8a. For a felony, one hundred fifty dollars.25 9b. For an aggravated misdemeanor, one hundred twenty-five25 10dollars.25 11c. For a serious or simple misdemeanor, one hundred25 12dollars.25 13 Sec. 22. 1998 Iowa Acts, chapter 1101, section 15, 25 14 subsection 2, as amended by 1999 Iowa Acts, chapter 202, 25 15 section 25, is amended to read as follows: 25 16 2. a. There is appropriated from surcharge moneys 25 17 received by the E911 administrator and deposited into the 25 18 wireless E911 emergency communications fund, fortheeach 25 19 fiscal year in the fiscal period beginning July 1, 1998, and 25 20for the fiscal year beginning July 1, 1999ending June 30, 25 21 2001, an amount not to exceed two hundred thousand dollars to 25 22 be used for the implementation, support, and maintenance of 25 23 the functions of the E911 administrator. The amount 25 24 appropriated in this paragraph includes any amounts necessary 25 25 to reimburse the division of emergency management of the 25 26 department of public defense pursuant to paragraph "b". 25 27 b. Notwithstanding the distribution formula in section 25 28 34A.7A, as enacted in this Act, and prior to any such 25 29 distribution, of the initial surcharge moneys received by the 25 30 E911 administrator and deposited into the wireless E911 25 31 emergency communications fund, fortheeach fiscal year in the 25 32 fiscal period beginning July 1, 1998, andfor the fiscal year25 33beginning July 1, 1999ending June 30, 2001, an amountshall25 34be transferredis appropriated to the division of emergency 25 35 management of the department of public defense as necessary to 26 1 reimburse the division for amounts expended for the 26 2 implementation, support, and maintenance of the E911 26 3 administrator, including the E911 administrator's salary. 26 4 Sec. 23. CORRECTIONAL FARMS – STUDY. The legislative 26 5 council is requested to establish a legislative interim 26 6 committee to study issues concerning the use of correctional 26 7 farms under the control of the department of corrections. The 26 8 committee shall consider, among other issues, possible ways to 26 9 create job opportunities for inmates at the farms and the 26 10 possible sale or rental of farmland under the control of the 26 11 department. The interim committee shall submit a report and 26 12 recommendations to the general assembly for the 2001 26 13 legislative session. 26 14 Sec. 24. EFFECTIVE DATE. Section 20 of this Act, amending 26 15 section 904.508A, takes effect July 1, 2001. 26 16 EXPLANATION 26 17 This bill makes appropriations for the 2000-2001 fiscal 26 18 year to the departments of justice, corrections, public 26 19 defense, and public safety, Iowa law enforcement academy, 26 20 office of public defender, and the board of parole. 26 21 Code section 99D.14 is amended to require a licensee 26 22 involved in horse and dog racing to pay a fee in an amount 26 23 representing 100 percent of the division of criminal 26 24 investigation's enforcement costs. 26 25 Code section 99F.4A is amended to require a licensee 26 26 involved with gambling games at a racetrack to pay a fee in an 26 27 amount representing 100 percent of the division of criminal 26 28 investigation's enforcement costs. 26 29 Code section 99F.10 governing the determination of license 26 30 and admission fees to be charged is amended to provide that 26 31 the fees shall reflect most of the costs incurred by the 26 32 division of criminal investigation relating to excursion 26 33 gambling boats. The change provides that 100 percent of the 26 34 costs of special agents and 100 percent of the cost of other 26 35 gaming enforcement personnel assigned to the boats shall be 27 1 considered in determining fees. 27 2 Code section 100.1 is amended to require the state fire 27 3 marshal to establish a fee for the inspection by the state 27 4 fire marshal's office of facilities requiring a state license. 27 5 Code section 103A.23 is amended to require the commissioner 27 6 of public safety to implement a fee, to be adopted by rule, 27 7 for the review of building plans for construction subject to 27 8 the state building code. 27 9 Code section 904.508A, concerning the inmate telephone 27 10 rebate fund, is amended. The change provides that the fund 27 11 shall be in the office of the treasurer of state and moneys 27 12 deposited in the fund from inmate telephone rebates shall be 27 13 used as appropriated for the benefit of inmates. Under 27 14 current law, the fund is established within each correctional 27 15 institution and used for the benefit of inmates pursuant to 27 16 rules adopted by the department of corrections. This 27 17 provision of the bill takes effect July 1, 2001. 27 18 Code section 905.14, relating to enrollment fees charged to 27 19 persons placed on parole subject to supervision by a judicial 27 20 district department of corrections, is amended. The amendment 27 21 strikes enrollment fee amounts specified for simple, serious, 27 22 and aggravated misdemeanors, and felonies and establishes an 27 23 enrollment fee of $250 for all of those offense levels. 27 24 1998 Iowa Acts, chapter 1101, as amended in 1999 Iowa Acts, 27 25 is further amended to extend the appropriation of surcharge 27 26 moneys received by the E911 administrator for use by the 27 27 emergency management division of the department of public 27 28 defense for wireless E911 services implementation through the 27 29 fiscal year ending June 30, 2001. 27 30 The bill also requests the legislative council to appoint a 27 31 legislative interim study committee to consider issues 27 32 involving the use of farms under the control of the department 27 33 of corrections. 27 34 LSB 5377HC 78 27 35 ec/cf/24
Text: HSB00776 Text: HSB00778 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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