Text: SSB01078 Text: SSB01080 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. LEGISLATIVE FINDINGS. The general assembly
1 2 finds and declares all of the following:
1 3 1. The demands of the state's criminal justice system are
1 4 such that additional capacity is needed throughout the state
1 5 at local, state, and federal levels of government to
1 6 incarcerate offenders who have been charged with or convicted
1 7 of a criminal offense.
1 8 2. The most efficient and cost-effective means to provide
1 9 additional capacity in the state is through cooperative
1 10 efforts that combine the resources of jurisdictions currently
1 11 authorized to construct and operate facilities for the
1 12 incarceration of offenders.
1 13 3. The regional detention facility program, as provided in
1 14 this Act, is established to encourage the planning,
1 15 development, and operation of regional detention facilities
1 16 through the cooperative efforts of multiple jurisdictions and
1 17 to provide financial incentives for participation in such
1 18 projects.
1 19 Sec. 2. NEW SECTION. 356B.1 REGIONAL DETENTION FACILITY
1 20 PROGRAM.
1 21 1. The department of corrections shall establish and
1 22 administer a regional detention facility program. The program
1 23 shall encourage regional alliances to establish, construct,
1 24 renovate, or repair facilities to be used as regional
1 25 detention facilities and shall provide for the awarding of no-
1 26 interest loans by the department to eligible regional
1 27 alliances for such projects.
1 28 2. For purposes of this chapter:
1 29 a. "Regional alliance" means any of the following:
1 30 (1) One or more boards of directors of a judicial district
1 31 department of correctional services organized under chapter
1 32 905.
1 33 (2) Four or more counties, municipalities, or a
1 34 combination of counties and municipalities which enter into an
1 35 agreement under chapter 28E. A county or municipality
2 1 operating a jail on or after the effective date of this Act is
2 2 eligible to participate in a regional alliance.
2 3 (3) A nonprofit corporation organized under chapter 504A
2 4 by a board or boards described in subparagraph (1), a regional
2 5 alliance described in subparagraph (2), or a combination of
2 6 both, for the purpose of constructing or operating a regional
2 7 detention facility.
2 8 b. "Regional detention facility" means a facility owned
2 9 and operated by a regional alliance to confine offenders under
2 10 the jurisdiction or jurisdictions of the participants in the
2 11 regional alliance, and under the jurisdiction of the state or
2 12 federal government if so provided by an agreement between the
2 13 regional alliance and the state or federal government.
2 14 3. A board acting as a regional alliance under subsection
2 15 2, paragraph "a", subparagraph (1), shall act as the
2 16 administrative agent on behalf of all its member counties;
2 17 shall have the same powers and duties as the counties possess
2 18 individually with respect to the planning, construction, and
2 19 operation of jails, juvenile detention facilities, law
2 20 enforcement facilities, and court facilities; and shall have
2 21 the power to certify taxes to be levied by the member counties
2 22 and to incur indebtedness.
2 23 4. A regional alliance operating a regional detention
2 24 facility may provide services to or confine offenders under
2 25 the jurisdiction of the state or the federal government,
2 26 pursuant to an agreement with the department of corrections or
2 27 the federal government.
2 28 5. A regional alliance wishing to establish a regional
2 29 detention facility shall develop a plan for the operation of
2 30 its proposed regional detention facility which shall be
2 31 submitted to the department of corrections for approval. If
2 32 the regional alliance applies for a regional detention
2 33 facility loan pursuant to section 356B.3, the plan shall be
2 34 submitted with the loan application. The plan shall include
2 35 provisions for the financial and other responsibilities of
3 1 each participant in the alliance, the supervision of
3 2 offenders, and any other provisions necessary for the
3 3 operation of the facility.
3 4 6. Upon approval of a regional alliance's plan of
3 5 operation by the department of corrections, the regional
3 6 alliance may establish, construct, renovate, or repair a
3 7 facility to be used as a regional detention facility. The
3 8 regional alliance may obtain funds from any source legally
3 9 accessible to the participants in the alliance, including a
3 10 regional detention facility loan pursuant to section 356B.3.
3 11 7. In addition to awarding a regional detention facility
3 12 loan, the department of corrections may use any other assets
3 13 under its control; funds appropriated to the department of
3 14 corrections for regional detention facilities; or funds
3 15 received through grants, awards, or gifts to contribute to a
3 16 specific, approved regional detention facility project.
3 17 8. A party that was not an original participant in a
3 18 regional alliance may participate in a regional detention
3 19 facility project, or an original participant may discontinue
3 20 participation, if all of the following conditions are met:
3 21 a. The party's participation or discontinuance of
3 22 participation is agreed to by the other participants in the
3 23 regional alliance and approved by the department of
3 24 corrections.
3 25 b. The party contributes to or withdraws contribution to
3 26 the project in the manner agreed to by the party and the other
3 27 participants in the regional alliance.
3 28 c. The regional alliance would continue to meet the
3 29 definitional requirements in subsection 2, paragraph "a".
3 30 9. The director of the department of corrections shall
3 31 adopt rules pursuant to chapter 17A to administer the program.
3 32 Sec. 3. NEW SECTION. 356B.2 REGIONAL DETENTION FACILITY
3 33 REVOLVING LOAN FUND.
3 34 1. A regional detention facility revolving loan fund is
3 35 created in the state treasury as a separate fund to be
4 1 administered by the department of corrections. The revolving
4 2 loan fund shall be used to administer the regional detention
4 3 facility program and to award regional detention facility
4 4 loans to regional alliances, which apply for a loan pursuant
4 5 to section 356B.3 for the establishment, construction,
4 6 renovation, or repair of facilities to be used as regional
4 7 detention facilities.
4 8 2. The fund shall consist of any moneys appropriated by
4 9 the general assembly for deposit in the fund, and any other
4 10 moneys appropriated to or received by the department of
4 11 corrections for deposit in the fund. All moneys deposited
4 12 into or paid into the fund are appropriated and made available
4 13 to the department of corrections to be used for administrative
4 14 expenses and loans as provided in this section.
4 15 3. The department shall deposit recaptures of loans and
4 16 payments made by regional detention facility loan recipients
4 17 into the fund. Notwithstanding section 8.33, any balance in
4 18 the fund on June 30 of each fiscal year shall not revert to
4 19 the rebuild Iowa infrastructure fund, but shall be available
4 20 for the purposes of this section in subsequent fiscal years.
4 21 Notwithstanding section 12C.7, subsection 2, interest or
4 22 earnings on moneys deposited in the regional detention
4 23 facility revolving loan fund shall be credited to the fund.
4 24 4. The fund is subject to an annual audit by the auditor
4 25 of state. Moneys in the fund are subject to warrants written
4 26 by the director of revenue and finance, drawn upon the written
4 27 requisition of the director of the department of corrections,
4 28 or an authorized representative of the director.
4 29 Sec. 4. NEW SECTION. 356B.3 REGIONAL DETENTION FACILITY
4 30 LOANS.
4 31 1. A regional alliance may apply to the department of
4 32 corrections for a regional detention facility loan for its
4 33 proposed regional detention facility project. The department
4 34 may provide technical assistance to an eligible regional
4 35 alliance in developing an application. The application shall
5 1 include all of the following:
5 2 a. The participants in the alliance.
5 3 b. The plan of operation developed by the regional
5 4 alliance pursuant to section 356B.1, subsection 5.
5 5 c. A description of the criminal justice system needs that
5 6 will be addressed by the project.
5 7 d. An estimated project development budget.
5 8 e. If the regional alliance is organized pursuant to a
5 9 chapter 28E agreement, a copy of the agreement. If the
5 10 regional alliance is a nonprofit corporation, the
5 11 corporation's articles of incorporation.
5 12 f. A four-year operating budget for the proposed facility.
5 13 g. The requested loan amount.
5 14 h. Any agreement with state or federal authorities to
5 15 provide housing for offenders under their respective
5 16 jurisdictions.
5 17 i. Any other information specified by the director of the
5 18 department of corrections.
5 19 The department may require the modification of an
5 20 application prior to awarding a loan to a regional alliance.
5 21 2. The department shall establish criteria for awarding
5 22 regional detention facility loans which shall include, but are
5 23 not limited to, all of the following:
5 24 a. The regional alliance's need for additional offender
5 25 beds.
5 26 b. The willingness of the regional alliance to house state
5 27 inmates.
5 28 c. Community interest and involvement in the proposed
5 29 project.
5 30 d. The degree of necessity of the project, with priority
5 31 given to projects that reduce life safety violations.
5 32 e. The cost-effectiveness of the proposed project.
5 33 Projects which meet all other criteria and also accommodate
5 34 a region's need for temporary confinement of offenders prior
5 35 to conviction, meet the requirements necessary for the secure
6 1 confinement of juvenile offenders, or utilize alternative
6 2 punishments in addition to traditional incarceration, shall be
6 3 given preference in the awarding of loans.
6 4 3. The amount of a loan awarded by the department under
6 5 the program shall not exceed fifty percent of the estimated
6 6 cost of the project, or five million dollars, whichever is
6 7 less. Loans shall be repaid to the regional detention
6 8 facility revolving loan fund in twenty equal annual
6 9 installments, with the first payment due one year from the
6 10 date on which the loan was awarded. The director of the
6 11 department of corrections may reduce the amount of an original
6 12 loan to be repaid by an amount proportional to the percentage
6 13 of beds in an approved application dedicated to confining
6 14 offenders under the jurisdiction of the department, not to
6 15 exceed fifty percent of the original loan amount. The
6 16 director shall establish a formula for making such reductions
6 17 by rule.
6 18 Sec. 5. NEW SECTION. 356B.4 REGIONAL DETENTION FACILITY
6 19 LOAN ADVISORY COUNCIL.
6 20 The director of the department of corrections shall
6 21 establish a regional detention facility loan advisory council
6 22 to assist the department in reviewing applications for
6 23 regional detention facility loans. The council shall make
6 24 recommendations to the department regarding the awarding of
6 25 loans under section 356B.3.
6 26 Sec. 6. NEW SECTION. 356B.5 REPEAL.
6 27 Sections 356B.2 through 356B.4 and this section are
6 28 repealed on July 1, 2009.
6 29 Sec. 7. TRANSITION PROVISIONS. A regional detention
6 30 facility loan awarded pursuant to section 356B.3 that is
6 31 outstanding on July 1, 2009, shall continue until the loan is
6 32 repaid or recaptured. The department shall remit all loan
6 33 payments and recaptures of loans on or after July 1, 2009, to
6 34 the treasurer of state for deposit in the rebuild Iowa
6 35 infrastructure fund. Any outstanding balance in the regional
7 1 detention facility revolving loan fund, created in section
7 2 356B.2, on July 1, 2009, shall be remitted to the treasurer of
7 3 state for deposit in the rebuild Iowa infrastructure fund.
7 4 Sec. 8. APPROPRIATION. There is appropriated from the
7 5 rebuild Iowa infrastructure fund to the department of
7 6 corrections, for the fiscal year beginning July 1, 1999, and
7 7 ending June 30, 2000, the following amount, or so much thereof
7 8 as is necessary, to be used for the purpose designated:
7 9 For deposit in the regional detention facility revolving
7 10 loan fund, to be used for regional detention facility loans
7 11 awarded pursuant to section 356B.3:
7 12 .................................................. $ 25,000,000
7 13 Notwithstanding section 8.33, the funds appropriated in
7 14 this section shall not revert, but shall remain available in
7 15 subsequent fiscal years for the purpose designated in this
7 16 section.
7 17 EXPLANATION
7 18 This bill, in new Code sections 356B.1 through 356B.4,
7 19 creates the regional detention facility program and revolving
7 20 loan fund. New Code section 356B.1 directs the department of
7 21 corrections to establish a regional detention facility program
7 22 to encourage regional alliances to establish, construct,
7 23 renovate, or repair facilities to be used as regional
7 24 detention facilities. A regional alliance may consist of one
7 25 or more boards of directors of a judicial district department
7 26 of correctional services; four or more counties,
7 27 municipalities, or a combination thereof which enter into an
7 28 intergovernmental agreement pursuant to Code chapter 28E; or a
7 29 nonprofit corporation organized under Code chapter 504A for
7 30 the purpose of constructing or operating a regional detention
7 31 facility.
7 32 The bill provides that a regional alliance shall develop a
7 33 plan of operation for its proposed regional detention facility
7 34 to be submitted to the department of corrections for approval.
7 35 Upon approval, the alliance may commence work on the regional
8 1 detention facility project. The alliance may obtain funds
8 2 from any source legally accessible to the participants in the
8 3 alliance, including a regional detention facility loan
8 4 pursuant to Code section 356B.3.
8 5 New Code section 356B.2 creates a regional detention
8 6 facility revolving loan fund as a separate fund in the state
8 7 treasury to be administered by the department of corrections.
8 8 Moneys in the fund are to be used to administer the regional
8 9 detention facility program and to award regional detention
8 10 facility loans to regional alliances.
8 11 The revolving loan fund shall consist of moneys
8 12 appropriated to the fund and any other moneys received by the
8 13 department for deposit in the fund. Recaptures of loans and
8 14 loan repayments are to be deposited in the fund. Moneys in
8 15 the fund shall not revert, but shall remain available for the
8 16 designated purposes. Interest or earnings on moneys in the
8 17 fund shall be credited to the fund.
8 18 In new Code section 356B.3, the bill describes the
8 19 procedures for applying for and awarding regional detention
8 20 facility loans. A regional alliance shall submit a loan
8 21 application to the department of corrections. The application
8 22 shall include information concerning the participants in the
8 23 alliance, the plan of operation for the proposed regional
8 24 detention facility, the needs to be addressed by the project,
8 25 budget information, a copy of any intergovernmental agreement
8 26 or articles of incorporation, any agreement with state or
8 27 federal authorities to provide housing for inmates or
8 28 prisoners, and other information required by the director of
8 29 the department.
8 30 The bill provides that the department of corrections, in
8 31 consultation with the regional detention facility loan
8 32 advisory council established pursuant to new Code section
8 33 356B.4, shall review loan applications according to criteria
8 34 established by the department, including the regional
8 35 alliance's need for additional beds, the willingness of the
9 1 alliance to house state inmates, community interest and
9 2 involvement in the project, the degree of necessity of the
9 3 project, and the cost-effectiveness of the project.
9 4 Projects which accommodate a region's need for temporary
9 5 confinement of offenders prior to conviction, which meet the
9 6 requirements necessary for the secure confinement of juvenile
9 7 offenders, and which utilize alternative punishments in
9 8 addition to traditional incarceration shall be given
9 9 preference in the awarding of loans.
9 10 A regional detention facility loan awarded under the
9 11 program is not to exceed fifty percent of the estimated cost
9 12 of the project, or five million dollars, whichever is less.
9 13 Loans are to be repaid to the fund in twenty equal annual
9 14 installments. Payments of interest, earnings on moneys,
9 15 recaptures of loans, and repayments of loans are to be
9 16 deposited in the fund. The director of the department may
9 17 reduce the amount of an original loan to be repaid by an
9 18 amount proportional to the percentage of beds in an approved
9 19 application dedicated to confining state prisoners, not to
9 20 exceed fifty percent of the original amount.
9 21 In new Code section 356B.5, the bill provides for the
9 22 future repeal on July 1, 2009, of Code section 356B.2,
9 23 creating the regional detention facility revolving loan fund;
9 24 Code section 356B.3, providing for regional detention facility
9 25 loans; Code section 356B.4, providing for the establishment of
9 26 a regional detention facility loan advisory council; and Code
9 27 section 356B.5, providing for the future repeal. The bill
9 28 also provides transition language for loans outstanding on
9 29 July 1, 2009, and for any outstanding balance in the regional
9 30 detention facility revolving loan fund on that date.
9 31 The bill also makes an appropriation to the regional
9 32 detention facility revolving loan fund, to be used for
9 33 regional detention facility loans. The funds appropriated
9 34 shall not revert, but shall remain available for regional
9 35 detention facility loans in subsequent fiscal years.
10 1 LSB 1789XC 78
10 2 nh/gg/8.1
Text: SSB01078 Text: SSB01080 Text: SSB01000 - SSB01099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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