Text: SF00383 Text: SF00385 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 331.302, subsection 2, Code 1999, is 1 2 amended to read as follows: 1 3 2. A county shall not provide a penalty in excess of a one 1 4 hundred dollar fine or in excess of thirty days imprisonment 1 5 for the violation of an ordinance. The criminal penalty 1 6 surcharge required by section 911.2 and the jail, courthouse 1 7 security, and detention facility surcharge required by section 1 8 911A.2 shall be added to a county fine andisare not a part 1 9 of the county's penalty. 1 10 Sec. 2. Section 364.3, subsection 2, Code 1999, is amended 1 11 to read as follows: 1 12 2. A city shall not provide a penalty in excess of a one 1 13 hundred dollar fine or in excess of thirty days imprisonment 1 14 for the violation of an ordinance. An amount equal to ten 1 15 percent of all fines collected by cities shall be deposited in 1 16 the account established in section 602.8108. However, one 1 17 hundred percent of all fines collected by a city pursuant to 1 18 section 321.236, subsection 1, shall be retained by the city. 1 19 The criminal penalty surcharge required by section 911.2 and 1 20 the jail, courthouse security, and detention facility 1 21 surcharge required by section 911A.2 shall be added to a city 1 22 fine andisare not a part of the city's penalty. 1 23 Sec. 3. Section 602.8107, subsection 2, paragraph b, Code 1 24 1999, is amended to read as follows: 1 25 b. Fines or penalties andcriminal penaltysurcharges. 1 26 Sec. 4. Section 602.8107, subsection 4, unnumbered 1 27 paragraph 2, Code 1999, is amended to read as follows: 1 28 This subsection does not apply to amounts collected for 1 29 victim restitution, the victim compensation fund, criminal 1 30 penalty surcharge, jail, courthouse security, and detention 1 31 facility surcharge, amounts collected as a result of 1 32 procedures initiated under subsection 5 or under section 1 33 421.17, subsection 25, or sheriff's room and board fees. 1 34 Sec. 5. Section 805.8, subsection 1, Code 1999, is amended 1 35 to read as follows: 2 1 1. APPLICATION. Except as otherwise indicated, violations 2 2 of sections of the Code specified in this section are 2 3 scheduled violations, and the scheduled fine for each of those 2 4 violations is as provided in this section, whether the 2 5 violation is of state law or of a county or city ordinance. 2 6 The criminal penalty surcharge required by section 911.2 and 2 7 the jail, courthouse security, and detention facility 2 8 surcharge required by section 911A.2 shall be added to the 2 9 scheduled fine. 2 10 Sec. 6. Section 805.8, subsection 11, paragraph a, Code 2 11 1999, is amended to read as follows: 2 12 a. For violations of section 142B.6, the scheduled fine is 2 13 twenty-five dollars, and is a civil penalty, and the criminal 2 14 penalty surcharge under section 911.2 and the jail, courthouse 2 15 security, and detention facility surcharge under section 2 16 911A.2 shall not be added to the penalty, and the court costs 2 17 pursuant to section 805.9, subsection 6, shall not be imposed. 2 18 If the civil penalty assessed for a violation of section 2 19 142B.6 is not paid in a timely manner, a citation shall be 2 20 issued for the violation in the manner provided in section 2 21 804.1. However, a person under age eighteen shall not be 2 22 detained in a secure facility for failure to pay the civil 2 23 penalty. The complainant shall not be charged a filing fee. 2 24 Sec. 7. Section 805.8, subsection 11, paragraph b, 2 25 subparagraph (1), unnumbered paragraph 1, Code 1997, is 2 26 amended to read as follows: 2 27 For violations of section 453A.2, subsection 2, the 2 28 scheduled fine is as follows and is a civil penalty, and the 2 29 criminal penalty surcharge under section 911.2 and the jail, 2 30 courthouse security, and detention facility surcharge under 2 31 section 911A.2 shall not be added to the penalty, and the 2 32 court costs pursuant to section 805.9, subsection 6, shall not 2 33 be imposed: 2 34 Sec. 8. Section 902.9, unnumbered paragraph 2, Code 1999, 2 35 is amended to read as follows: 3 1 The criminal penalty surcharge required by section 911.2 3 2 and the jail, courthouse security, and detention facility 3 3 surcharge required by section 911A.2 shall be added to a fine 3 4 imposed on a class "C" or class "D" felon, as provided bythat3 5sectionthose sections, andisare not a part of or subject to 3 6 the maximums set in this section. 3 7 Sec. 9. Section 903.1, subsection 4, Code 1999, is amended 3 8 to read as follows: 3 9 4. The criminal penalty surcharge required by section 3 10 911.2 and the jail, courthouse security, and detention 3 11 facility surcharge required by section 911A.2 shall be added 3 12 to a fine imposed on a misdemeanant, andisare not a part of 3 13 or subject to the maximums set in this section. 3 14 Sec. 10. NEW SECTION. 905A.1 DEFINITIONS. 3 15 For the purposes of this chapter, unless the context 3 16 otherwise requires: 3 17 1. "Division" means the division of criminal and juvenile 3 18 justice planning of the department of human rights. 3 19 2. "Government" means a community-based correctional 3 20 program as defined in section 905.1, or a city, school 3 21 district or accredited nonpublic school, or county which 3 22 expends funds for incarceration or supervision of individuals 3 23 charged with or convicted of a felony, an aggravated 3 24 misdemeanor, or a serious misdemeanor, or for crime prevention 3 25 activities. 3 26 3. "Judicial election district" means a judicial election 3 27 district described in section 602.6109. 3 28 Sec. 11. NEW SECTION. 905A.2 LOCAL CORRECTIONS 3 29 INFRASTRUCTURE GRANT PROGRAM. 3 30 1. A local corrections infrastructure grant program is 3 31 created in the division. The division shall adopt rules 3 32 pursuant to chapter 17A as necessary to administer the program 3 33 in accordance with this chapter. The rules shall include but 3 34 are not limited to provisions for auditing of grant 3 35 expenditures. 4 1 2. The division shall develop a request for proposals for 4 2 the grant program and assist judicial election districts in 4 3 developing proposals in response to the request. The division 4 4 shall not accept more than one proposal from a judicial 4 5 election district for each of the grant groupings. For the 4 6 fiscal year beginning July 1, 2000, grants shall be awarded in 4 7 accordance with this chapter in the following two groupings: 4 8 a. Twenty-five million dollars to one or more governments 4 9 or groups of governments in judicial election districts, 4 10 divided proportionately according to the judicial election 4 11 districts' relative proportion of the state's general 4 12 population. 4 13 b. Nine million dollars to one or more governments or 4 14 groups of governments representing judicial election 4 15 districts, awarded according to criteria developed by the task 4 16 force established pursuant to section 905A.3 based upon the 4 17 relative amount of criminal activity in the judicial election 4 18 district, the innovative nature of the proposal submitted by 4 19 the government or group of governments, and the statewide need 4 20 for the project proposed to be developed. 4 21 3. A proposal for a grant under this section is subject to 4 22 all of the following conditions: 4 23 a. A judicial election district may combine with one or 4 24 more other judicial election districts in developing a 4 25 proposal or may propose a joint project in separate proposals. 4 26 b. A proposal shall be for one or more infrastructure or 4 27 school-based crime prevention projects or combination of 4 28 projects relating to one or more of the following purposes: 4 29 (1) A county jail. 4 30 (2) A regional or multicounty jail. 4 31 (3) A county juvenile detention or shelter care home, 4 32 including retirement of outstanding debt for such a home. 4 33 (4) A regional or multicounty juvenile detention or 4 34 shelter care home. 4 35 (5) A community-based correctional program facility. 5 1 (6) A school-based crime prevention program. 5 2 (7) A runaway assessment center. 5 3 c. Grant moneys under this chapter shall not be used for 5 4 purposes other than infrastructure. 5 5 d. The division may accept or reject a proposal in whole 5 6 or in part. 5 7 e. A proposal must address the need for the proposed 5 8 project, degree of urgency for the project, location of the 5 9 project, provisions for the governments within the judicial 5 10 election district to access the project, and the performance 5 11 measures to be used to evaluate the project. 5 12 f. The submission date for proposals under subsection 2, 5 13 paragraph "a" shall be on or before February 16, 2000, and the 5 14 submission date for proposals under subsection 2, paragraph 5 15 "b" shall be on or before April 17, 2000. However, for good 5 16 cause shown, the division may extend the submission date for 5 17 proposals under subsection 2, paragraph "a". It is the intent 5 18 of the general assembly that the grant award process be 5 19 complete by June 30, 2000, and awards made in the fiscal year 5 20 beginning July 1, 2000. However, the division may delay final 5 21 approval of a grant proposal which is approved in part while 5 22 full approval of the proposal is pending. 5 23 4. The office of the attorney general, the department of 5 24 education, and the university of northern Iowa's criminology 5 25 program shall work with the division in implementing a public 5 26 planning process to assist the governments in judicial 5 27 election districts in developing a proposal, developing 5 28 technical assistance materials for the grant program, 5 29 developing the request for proposals, developing proposed 5 30 scoring tools, and producing model performance measures and 5 31 other evaluation processes for grant program projects. The 5 32 public planning process shall include but is not limited to 5 33 public meetings in each of the judicial election districts. 5 34 Sec. 12. NEW SECTION. 905A.3 TASK FORCE. 5 35 1. The division shall establish and convene a local 6 1 corrections infrastructure grant program task force to assist 6 2 the division in scoring and evaluating grant proposals and 6 3 other assistance deemed necessary by the division. 6 4 2. The membership of the task force shall include but is 6 5 not limited to representatives of the following: 6 6 a. County sheriffs. 6 7 b. Police chiefs. 6 8 c. Office of the attorney general. 6 9 d. District judges. 6 10 e. Juvenile court judges. 6 11 f. Probation officers. 6 12 g. Juvenile court officers. 6 13 h. County supervisors. 6 14 i. City council members. 6 15 j. Criminal and juvenile justice planning advisory 6 16 council. 6 17 k. Juvenile services providers. 6 18 l. Community-based correctional programs. 6 19 m. County attorneys. 6 20 n. The Iowa state police association. 6 21 o. Local school officials. 6 22 p. Other members deemed necessary by the division or task 6 23 force. 6 24 3. Members of the task force are eligible for 6 25 reimbursement of actual and necessary expenses incurred in the 6 26 performance of their official duties. The task force shall 6 27 elect a chairperson and other officers deemed necessary by the 6 28 task force. 6 29 Sec. 13. NEW SECTION. 905A.4 PAYMENT OF GRANTS. 6 30 A grant awarded under section 905A.2 shall be paid from the 6 31 proceeds of bonds issued under section 16.177 or other moneys 6 32 available to the division. A project approved by the division 6 33 for a grant under this chapter is deemed to be approved by the 6 34 general assembly for purposes of issuing bonds under section 6 35 16.177. The department of corrections shall pledge amounts in 7 1 the Iowa prison infrastructure fund established under section 7 2 602.8108A as security for the payment of principal of, 7 3 premium, if any, and interest on the bonds. 7 4 Sec. 14. NEW SECTION. 907.14 PAYMENT IN LIEU OF FINE. 7 5 When the court has deferred judgment the court may order 7 6 the defendant to pay an amount in lieu of a fine in a case 7 7 where a minimum fine would otherwise be ordered. Payments in 7 8 lieu of fines shall be ordered, enforced, and administered as 7 9 fines under chapter 909. 7 10 Sec. 15. Section 909.3, Code 1999, is amended by adding 7 11 the following new subsection: 7 12 NEW SUBSECTION. 3. If the court orders a fine to be paid 7 13 as provided by subsection 2, the court shall require the 7 14 defendant to execute a mandatory wage assignment that would 7 15 ensure payment of the fine within twelve months of the date 7 16 the wage assignment becomes effective. The wage assignment 7 17 shall be enforced if the defendant fails to make payment as 7 18 provided in subsection 2. 7 19 A mandatory wage assignment executed pursuant to this 7 20 section is not subject to the limitation on garnishment 7 21 provided in sections 537.5105 and 642.21, and is not subject 7 22 to the limitation on assignment of benefits under chapter 96 7 23 as provided in section 96.15. However, a wage assignment 7 24 executed under this subsection shall be enforced only after an 7 25 order for income withholding pursuant to chapter 252D or a 7 26 court-ordered wage assignment for purposes of support is 7 27 entered and enforced. A wage assignment executed under this 7 28 subsection shall be limited as specified in 15 U.S.C. } 7 29 1673(b). 7 30 Sec. 16. Section 909.8, Code 1999, is amended to read as 7 31 follows: 7 32 909.8 PAYMENT AND COLLECTION PROVISIONS APPLY TOCRIMINAL7 33PENALTY SURCHARGESURCHARGES. 7 34 The provisions of this chapter governing the payment and 7 35 collection of a fine, except section 909.3A, also apply to the 8 1 payment and collection of a criminal penalty surcharge imposed 8 2 pursuant to chapter 911 and the jail, courthouse security, and 8 3 detention facility surcharge imposed pursuant to section 8 4 911A.2. 8 5 Sec. 17. Section 909.10, subsection 1, Code 1999, is 8 6 amended to read as follows: 8 7 1. As used in this section, unless the context otherwise 8 8 requires, "delinquent amounts" means a fine, court-imposed 8 9 court costs in a criminal proceeding,orcriminal surcharge 8 10 imposed pursuant to section 911.2, or jail, courthouse 8 11 security, and detention facility surcharge imposed pursuant to 8 12 section 911A.2, which remains unpaid after two years from the 8 13 date that the fine, court costs, or surcharge was imposed, and 8 14 which is not collected by the county attorney pursuant to 8 15 section 602.8107. However, if the fine may be paid in 8 16 installments pursuant to section 909.3, the fine is not a 8 17 delinquent amount unless the installment remains unpaid after 8 18 two years from the date the installment was due. 8 19 Sec. 18. NEW SECTION. 911A.1 JAIL, COURTHOUSE SECURITY, 8 20 AND DETENTION FACILITY SURCHARGE ESTABLISHED. 8 21 A jail, courthouse security, and detention facility 8 22 surcharge shall be levied against certain law violators as 8 23 provided in section 911A.2. The surcharge shall be used as 8 24 provided in section 911A.3. 8 25 Sec. 19. NEW SECTION. 911A.2 SURCHARGE. 8 26 When a court imposes a fine or forfeiture for a violation 8 27 of a state law, or of a city or county ordinance except an 8 28 ordinance regulating the parking of motor vehicles, the court 8 29 shall assess an additional penalty in the form of a surcharge 8 30 equal to ten dollars. In the event of multiple offenses, the 8 31 surcharge shall be based upon the total number of offenses. 8 32 When a fine or forfeiture is suspended in whole or in part, 8 33 the surcharge shall not be reduced. 8 34 The surcharge is subject to the provisions of chapter 909 8 35 governing the payment and collection of fines, as provided in 9 1 section 909.8. 9 2 Sec. 20. NEW SECTION. 911A.3 DISPOSITION OF SURCHARGE. 9 3 1. When a court assesses a surcharge under section 911A.2, 9 4 notwithstanding any other provision of the Code to the 9 5 contrary, proceeds from the surcharge shall be appropriated 9 6 and transferred to the treasurer of the county in which the 9 7 citation was issued to be deposited in the county general fund 9 8 and used only for courthouse security and the improvement, 9 9 expansion, operation, or construction of a jail or juvenile 9 10 detention facility. 9 11 2. At any time and for the purposes specified in 9 12 subsection 1, a county may transfer proceeds received and 9 13 deposited pursuant to this section to a contiguous county or a 9 14 county that has a relationship with the transferring county 9 15 concerning the use of a jail or juvenile detention facility in 9 16 the recipient county. 9 17 Sec. 21. GRANT PROGRAM IMPLEMENTATION. There is 9 18 appropriated from the general fund of the state to the 9 19 department of human rights, division of criminal and juvenile 9 20 justice planning, for the fiscal year beginning July 1, 1999, 9 21 and ending June 30, 2000, the following amount, or so much 9 22 thereof as is necessary, to be used for the purposes 9 23 designated: 9 24 For technical assistance and staffing associated with the 9 25 development of the local corrections infrastructure grant 9 26 program enacted by this Act, including salaries, support, 9 27 maintenance, miscellaneous purposes, and for not more than the 9 28 following full-time equivalent positions: 9 29 .................................................. $ 200,000 9 30 ............................................... FTEs 2.00 9 31 Sec. 22. EFFECTIVE DATE. Sections 10 through 13 and 21 of 9 32 this Act, relating to local corrections infrastructure, being 9 33 deemed of immediate importance, take effect upon enactment. 9 34 EXPLANATION 9 35 Sections 10 through 13 and 21 of this bill relate to 10 1 corrections and crime prevention by creating a local 10 2 corrections infrastructure grant program and making an 10 3 appropriation to the department of human rights, division of 10 4 criminal and juvenile justice planning for costs to develop 10 5 the program and an appropriation to the department of economic 10 6 development for a juvenile crime prevention summer youth 10 7 employment program. 10 8 New Code section 905A.1 provides definitions. New Code 10 9 section 905A.2 directs the division to adopt rules to create 10 10 the infrastructure grant program and to issue a request for 10 11 proposals from the 14 judicial election districts in the 10 12 state. The grants are to be available in two groupings: a 10 13 grouping dividing $25 million based upon the proportion a 10 14 judicial election district bears to the state general 10 15 population, and a grouping for $9 million in grants based upon 10 16 other criteria including crime, innovation, and statewide 10 17 need. A proposal may incorporate more than one project. Each 10 18 judicial election district is limited to one proposal for each 10 19 grouping. The proposals are limited to infrastructure 10 20 projects for county or regional jails, county or regional 10 21 juvenile detention or shelter care homes, and community-based 10 22 correctional program facilities or school-based crime 10 23 prevention projects. The bill provides proposal submission 10 24 deadlines but allows the division to extend the deadlines for 10 25 good cause. The office of the attorney general and the 10 26 university of northern Iowa's criminology program are to work 10 27 with the division in developing evaluation procedures and 10 28 other components of the grant program. 10 29 Under new Code section 905A.3, a task force is to be 10 30 created by the division and is required to assist the division 10 31 in scoring and evaluating proposals. The membership is to 10 32 include various representatives of law enforcement, the 10 33 judicial system, local governments, schools, and corrections 10 34 services, and others deemed necessary by the division or the 10 35 task force. 11 1 New Code section 905A.4 provides that the funding for the 11 2 grants is provided from prison infrastructure revenue bonds 11 3 issued by the Iowa finance authority under Code section 11 4 16.177. Upon direction by the division, the department of 11 5 corrections is directed to pledge amounts in the Iowa prison 11 6 infrastructure fund to pay the bonds. 11 7 Section 21 of the bill provides for a $200,000 11 8 appropriation to the division and an $800,000 appropriation to 11 9 the department of economic development for the fiscal year 11 10 beginning July 1, 1999. Sections 10 through 13 and 21 of the 11 11 bill take effect upon enactment. 11 12 Section 14 of the bill provides that a payment in lieu of a 11 13 fine may be assessed against a person who receives a deferred 11 14 judgment in a case where a minimum fine would otherwise be 11 15 ordered. 11 16 Section 15 of the bill also establishes a mandatory wage 11 17 assignment for payment of fines in installments or on a fixed 11 18 date that remain unpaid. The garnishment limits of the state 11 19 do not apply but the wage assignment will be subject to first 11 20 priority enforcement of support orders. 11 21 The bill also establishes a jail, courthouse security, and 11 22 detention facility surcharge which provides for the assessment 11 23 of a $10 surcharge on criminal fines and forfeitures imposed 11 24 for the violation of state law or city or county ordinance. 11 25 The $10 surcharge would be transferred to the county in which 11 26 the citation was issued for use in providing courthouse 11 27 security and financing the improvement, expansion, operation, 11 28 or construction of county jail and juvenile detention 11 29 facilities. The bill provides that the surcharge proceeds 11 30 shall be deposited in the county general fund. The bill also 11 31 provides that the county may transfer, at any time, the funds 11 32 to a contiguous county or a county in which it has a 11 33 relationship concerning the use of its jail or juvenile 11 34 detention facility for the purposes authorized by this bill. 11 35 The surcharge is not considered part of a county penalty for 12 1 purposes of the maximum amount authorized counties for 12 2 penalties. 12 3 LSB 2706XS 78 12 4 ec/jw/5.1
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