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Senate File 530

Partial Bill History

Bill Text

PAG LIN
  1  1                                           SENATE FILE 530
  1  2 
  1  3                             AN ACT
  1  4 RELATING TO AND MAKING APPROPRIATIONS TO THE JUSTICE SYSTEM,
  1  5    MAKING RELATED STATUTORY CHANGES, AND PROVIDING AN EFFECTIVE
  1  6    DATE.  
  1  7 
  1  8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1  9 
  1 10                           DIVISION I
  1 11                     REGULAR APPROPRIATIONS
  1 12    Section 1.  DEPARTMENT OF JUSTICE.  There is appropriated
  1 13 from the general fund of the state to the department of
  1 14 justice for the fiscal year beginning July 1, 2001, and ending
  1 15 June 30, 2002, the following amounts, or so much thereof as is
  1 16 necessary, to be used for the purposes designated:
  1 17    1.  For the general office of attorney general for
  1 18 salaries, support, maintenance, miscellaneous purposes
  1 19 including odometer fraud enforcement, and for not more than
  1 20 the following full-time equivalent positions:  
  1 21 .................................................. $  7,900,519
  1 22 ............................................... FTEs     200.50
  1 23    2.  For the prosecuting attorney training program for
  1 24 salaries, support, maintenance, miscellaneous purposes, and
  1 25 for not more than the following full-time equivalent
  1 26 positions:  
  1 27 .................................................. $    304,943
  1 28 ............................................... FTEs       6.00
  1 29    3.  In addition to the funds appropriated in subsection 1,
  1 30 there is appropriated from the general fund of the state to
  1 31 the department of justice for the fiscal year beginning July
  1 32 1, 2001, and ending June 30, 2002, an amount not exceeding
  1 33 $200,000 to be used for the enforcement of the Iowa
  1 34 competition law.  The funds appropriated in this subsection
  1 35 are contingent upon receipt by the general fund of the state
  2  1 of an amount at least equal to the expenditure amount from
  2  2 either damages awarded to the state or a political subdivision
  2  3 of the state by a civil judgment under chapter 553, if the
  2  4 judgment authorizes the use of the award for enforcement
  2  5 purposes or costs or attorneys fees awarded the state in state
  2  6 or federal antitrust actions.  However, if the amounts
  2  7 received as a result of these judgments are in excess of
  2  8 $200,000, the excess amounts shall not be appropriated to the
  2  9 department of justice pursuant to this subsection.
  2 10    4.  In addition to the funds appropriated in subsection 1,
  2 11 there is appropriated from the general fund of the state to
  2 12 the department of justice for the fiscal year beginning July
  2 13 1, 2001, and ending June 30, 2002, an amount not exceeding
  2 14 $400,000 to be used for public education relating to consumer
  2 15 fraud and for enforcement of section 714.16, and an amount not
  2 16 exceeding $75,000 for investigation, prosecution, and consumer
  2 17 education relating to consumer and criminal fraud against
  2 18 older Iowans.  The funds appropriated in this subsection are
  2 19 contingent upon receipt by the general fund of the state of an
  2 20 amount at least equal to the expenditure amount from damages
  2 21 awarded to the state or a political subdivision of the state
  2 22 by a civil consumer fraud judgment or settlement, if the
  2 23 judgment or settlement authorizes the use of the award for
  2 24 public education on consumer fraud.  However, if the funds
  2 25 received as a result of these judgments and settlements are in
  2 26 excess of $475,000, the excess funds shall not be appropriated
  2 27 to the department of justice pursuant to this subsection.
  2 28    5.  For victim assistance grants:  
  2 29 .................................................. $  1,918,384
  2 30    a.  The funds appropriated in this subsection shall be used
  2 31 to provide grants to care providers providing services to
  2 32 crime victims of domestic abuse or to crime victims of rape
  2 33 and sexual assault.
  2 34    b.  Notwithstanding sections 8.33 and 8.39, moneys
  2 35 appropriated in this subsection that remain unencumbered or
  3  1 unobligated at the close of the fiscal year shall not revert
  3  2 but shall remain available for expenditure during the
  3  3 subsequent fiscal year for the same purpose, and shall not be
  3  4 transferred to any other program.
  3  5    6.  For the ODCP prosecuting attorney program and for not
  3  6 more than the following full-time equivalent positions:  
  3  7 .................................................. $    132,037
  3  8 ............................................... FTEs       2.00
  3  9    7.  The balance of the victim compensation fund established
  3 10 in section 915.94 may be used to provide salary and support of
  3 11 not more than 20.00 FTEs and to provide maintenance for the
  3 12 victim compensation functions of the department of justice.
  3 13 However, the balance of the fund may also be used to provide
  3 14 salary and support for an additional 2.00 FTEs if either 2001
  3 15 Iowa Acts, Senate File 259 or 2001 Iowa Acts, House File 684
  3 16 is enacted.
  3 17    8.  The department of justice shall submit monthly
  3 18 financial statements to the legislative fiscal bureau and the
  3 19 department of management containing all appropriated accounts
  3 20 in the same manner as provided in the monthly financial status
  3 21 reports and personal services usage reports of the department
  3 22 of revenue and finance.  The monthly financial statements
  3 23 shall include comparisons of the moneys and percentage spent
  3 24 of budgeted to actual revenues and expenditures on a
  3 25 cumulative basis for full-time equivalent positions and
  3 26 available moneys.
  3 27    9.  The department of justice and the department of
  3 28 corrections shall assist local regional jail development
  3 29 authorities in issuing a report regarding the development of
  3 30 regional jails.  The report shall include but is not limited
  3 31 to the following:  the design capacity, policy considerations,
  3 32 governance and management structure, staffing needs, food
  3 33 services, estimated design and construction costs, and
  3 34 evaluating cost sharing between the state, participating
  3 35 counties, and other political subdivisions.  The report is due
  4  1 on or before February 1, 2002.
  4  2    10.  a.  The department of justice, in submitting budget
  4  3 estimates for the fiscal year commencing July 1, 2002,
  4  4 pursuant to section 8.23, shall include a report of funding
  4  5 from sources other than amounts appropriated directly from the
  4  6 general fund of the state to the department of justice or to
  4  7 the office of consumer advocate.  These funding sources shall
  4  8 include, but are not limited to, reimbursements from other
  4  9 state agencies, commissions, boards, or similar entities, and
  4 10 reimbursements from special funds or internal accounts within
  4 11 the department of justice.  The department of justice shall
  4 12 report actual reimbursements for the fiscal year commencing
  4 13 July 1, 2000, and actual and expected reimbursements for the
  4 14 fiscal year commencing July 1, 2001.
  4 15    b.  The department of justice shall include the report
  4 16 required under paragraph "a", as well as information regarding
  4 17 any revisions occurring as a result of reimbursements actually
  4 18 received or expected at a later date, in a report to the co-
  4 19 chairpersons and ranking members of the joint appropriations
  4 20 subcommittee on the justice system and the legislative fiscal
  4 21 bureau.  The department of justice shall submit the report on
  4 22 or before January 15, 2002.
  4 23    11.  For legal services for persons in poverty grants as
  4 24 provided in section 13.34:  
  4 25 .................................................. $    670,000
  4 26    As a condition for accepting a grant funded pursuant to
  4 27 this subsection, an organization receiving a grant shall
  4 28 submit a report to the general assembly by January 1, 2002,
  4 29 concerning the use of any grants received during the previous
  4 30 fiscal year and efforts made by the organization to find
  4 31 alternative sources of revenue to replace any reductions in
  4 32 federal funding for the organization.
  4 33    Sec. 2.  DEPARTMENT OF JUSTICE – ENVIRONMENTAL CRIMES
  4 34 INVESTIGATION AND PROSECUTION – FUNDING.  There is
  4 35 appropriated from the environmental crime fund of the
  5  1 department of justice, consisting of court-ordered fines and
  5  2 penalties awarded to the department arising out of the
  5  3 prosecution of environmental crimes, to the department of
  5  4 justice for the fiscal year beginning July 1, 2001, and ending
  5  5 June 30, 2002, an amount not exceeding $20,000 to be used by
  5  6 the department, at the discretion of the attorney general, for
  5  7 the investigation and prosecution of environmental crimes,
  5  8 including the reimbursement of expenses incurred by county,
  5  9 municipal, and other local governmental agencies cooperating
  5 10 with the department in the investigation and prosecution of
  5 11 environmental crimes.
  5 12    The funds appropriated in this section are contingent upon
  5 13 receipt by the environmental crime fund of the department of
  5 14 justice of an amount at least equal to the appropriations made
  5 15 in this section and received from contributions, court-ordered
  5 16 restitution as part of judgments in criminal cases, and
  5 17 consent decrees entered into as part of civil or regulatory
  5 18 enforcement actions.  However, if the funds received during
  5 19 the fiscal year are in excess of $20,000, the excess funds
  5 20 shall be deposited in the general fund of the state.
  5 21    Notwithstanding section 8.33, moneys appropriated in this
  5 22 section that remain unexpended or unobligated at the close of
  5 23 the fiscal year shall not revert but shall remain available
  5 24 for expenditure for the purpose designated until the close of
  5 25 the succeeding fiscal year.
  5 26    Sec. 3.  OFFICE OF CONSUMER ADVOCATE.  There is
  5 27 appropriated from the general fund of the state to the office
  5 28 of consumer advocate of the department of justice for the
  5 29 fiscal year beginning July 1, 2001, and ending June 30, 2002,
  5 30 the following amount, or so much thereof as is necessary, to
  5 31 be used for the purposes designated:
  5 32    For salaries, support, maintenance, miscellaneous purposes,
  5 33 and for not more than the following full-time equivalent
  5 34 positions:  
  5 35 .................................................. $  2,690,067
  6  1 ............................................... FTEs      32.00
  6  2    Sec. 4.  DEPARTMENT OF CORRECTIONS – FACILITIES.  There is
  6  3 appropriated from the general fund of the state to the
  6  4 department of corrections for the fiscal year beginning July
  6  5 1, 2001, and ending June 30, 2002, the following amounts, or
  6  6 so much thereof as is necessary, to be used for the purposes
  6  7 designated:
  6  8    1.  For the operation of adult correctional institutions,
  6  9 reimbursement of counties for certain confinement costs, and
  6 10 federal prison reimbursement, to be allocated as follows:
  6 11    a.  For the operation of the Fort Madison correctional
  6 12 facility, including salaries, support, maintenance, employment
  6 13 of correctional officers, miscellaneous purposes, and for not
  6 14 more than the following full-time equivalent positions:  
  6 15 .................................................. $ 27,742,137
  6 16 ............................................... FTEs     525.50
  6 17    b.  For the operation of the Anamosa correctional facility,
  6 18 including salaries, support, maintenance, employment of
  6 19 correctional officers and a part-time chaplain to provide
  6 20 religious counseling to inmates of a minority race,
  6 21 miscellaneous purposes, and for not more than the following
  6 22 full-time equivalent positions:  
  6 23 .................................................. $ 23,591,417
  6 24 ............................................... FTEs     403.50
  6 25    Moneys are provided within this appropriation for two full-
  6 26 time substance abuse counselors for the Luster Heights
  6 27 facility, for the purpose of certification of a substance
  6 28 abuse program at that facility.
  6 29    c.  For the operation of the Oakdale correctional facility,
  6 30 including salaries, support, maintenance, employment of
  6 31 correctional officers, miscellaneous purposes, and for not
  6 32 more than the following full-time equivalent positions:  
  6 33 .................................................. $ 21,564,956
  6 34 ............................................... FTEs     337.80
  6 35    d.  For the operation of the Newton correctional facility,
  7  1 including salaries, support, maintenance, employment of
  7  2 correctional officers, miscellaneous purposes, and for not
  7  3 more than the following full-time equivalent positions:  
  7  4 .................................................. $ 23,023,286
  7  5 ............................................... FTEs     392.25
  7  6    e.  For the operation of the Mt. Pleasant correctional
  7  7 facility, including salaries, support, maintenance, employment
  7  8 of correctional officers and a full-time chaplain to provide
  7  9 religious counseling at the Oakdale and Mt. Pleasant
  7 10 correctional facilities, miscellaneous purposes, and for not
  7 11 more than the following full-time equivalent positions:  
  7 12 .................................................. $ 21,677,580
  7 13 ............................................... FTEs     341.09
  7 14    f.  For the operation of the Rockwell City correctional
  7 15 facility, including salaries, support, maintenance, employment
  7 16 of correctional officers, miscellaneous purposes, and for not
  7 17 more than the following full-time equivalent positions:  
  7 18 .................................................. $  7,178,143
  7 19 ............................................... FTEs     119.00
  7 20    g.  For the operation of the Clarinda correctional
  7 21 facility, including salaries, support, maintenance, employment
  7 22 of correctional officers, miscellaneous purposes, and for not
  7 23 more than the following full-time equivalent positions:  
  7 24 .................................................. $ 17,952,898
  7 25 ............................................... FTEs     294.75
  7 26    Moneys received by the department of corrections as
  7 27 reimbursement for services provided to the Clarinda youth
  7 28 corporation are appropriated to the department and shall be
  7 29 used for the purpose of operating the Clarinda correctional
  7 30 facility.
  7 31    h.  For the operation of the Mitchellville correctional
  7 32 facility, including salaries, support, maintenance, employment
  7 33 of correctional officers, miscellaneous purposes, and for not
  7 34 more than the following full-time equivalent positions:  
  7 35 .................................................. $ 12,229,337
  8  1 ............................................... FTEs     236.00
  8  2    i.  For the operation of the Fort Dodge correctional
  8  3 facility, including salaries, support, maintenance, employment
  8  4 of correctional officers, miscellaneous purposes, and for not
  8  5 more than the following full-time equivalent positions:  
  8  6 .................................................. $ 25,274,461
  8  7 ............................................... FTEs     413.00
  8  8    j.  For reimbursement of counties for temporary confinement
  8  9 of work release and parole violators, as provided in sections
  8 10 901.7, 904.908, and 906.17 and for offenders confined pursuant
  8 11 to section 904.513:  
  8 12 .................................................. $    700,438
  8 13    k.  For federal prison reimbursement, reimbursements for
  8 14 out-of-state placements, and miscellaneous contracts:  
  8 15 .................................................. $    318,568
  8 16    The department of corrections shall use funds appropriated
  8 17 in this subsection to continue to contract for the services of
  8 18 a Muslim imam.
  8 19    2.  a.  If the inmate tort claim fund for inmate claims of
  8 20 less than $100 is exhausted during the fiscal year, sufficient
  8 21 funds shall be transferred from the institutional budgets to
  8 22 pay approved tort claims for the balance of the fiscal year.
  8 23 The warden or superintendent of each institution or
  8 24 correctional facility shall designate an employee to receive,
  8 25 investigate, and recommend whether to pay any properly filed
  8 26 inmate tort claim for less than the above amount.  The
  8 27 designee's recommendation shall be approved or denied by the
  8 28 warden or superintendent and forwarded to the department of
  8 29 corrections for final approval and payment.  The amounts
  8 30 appropriated to this fund pursuant to 1987 Iowa Acts, chapter
  8 31 234, section 304, subsection 2, are not subject to reversion
  8 32 under section 8.33.
  8 33    b.  Tort claims denied at the institution shall be
  8 34 forwarded to the state appeal board for their consideration as
  8 35 if originally filed with that body.  This procedure shall be
  9  1 used in lieu of chapter 669 for inmate tort claims of less
  9  2 than $100.
  9  3    3.  It is the intent of the general assembly that the
  9  4 department of corrections shall timely fill correctional
  9  5 positions authorized for correctional facilities pursuant to
  9  6 this section.
  9  7    Sec. 5.  DEPARTMENT OF CORRECTIONS – ADMINISTRATION.
  9  8 There is appropriated from the general fund of the state to
  9  9 the department of corrections for the fiscal year beginning
  9 10 July 1, 2001, and ending June 30, 2002, the following amounts,
  9 11 or so much thereof as is necessary, to be used for the
  9 12 purposes designated:
  9 13    1.  For general administration, including salaries,
  9 14 support, maintenance, employment of an education director and
  9 15 clerk to administer a centralized education program for the
  9 16 correctional system, miscellaneous purposes, and for not more
  9 17 than the following full-time equivalent positions:  
  9 18 .................................................. $  2,315,093
  9 19 ............................................... FTEs      37.18
  9 20    a.  The department shall monitor the use of the
  9 21 classification model by the judicial district departments of
  9 22 correctional services and has the authority to override a
  9 23 district department's decision regarding classification of
  9 24 community-based clients.  The department shall notify a
  9 25 district department of the reasons for the override.
  9 26    b.  It is the intent of the general assembly that as a
  9 27 condition of receiving the appropriation provided in this
  9 28 subsection, the department of corrections shall not, except as
  9 29 otherwise provided in paragraph "c", enter into a new
  9 30 contract, unless the contract is a renewal of an existing
  9 31 contract, for the expenditure of moneys in excess of $100,000
  9 32 during the fiscal year beginning July 1, 2001, for the
  9 33 privatization of services performed by the department using
  9 34 state employees as of July 1, 2001, or for the privatization
  9 35 of new services by the department, without prior consultation
 10  1 with any applicable state employee organization affected by
 10  2 the proposed new contract and prior notification of the
 10  3 cochairpersons and ranking members of the joint appropriations
 10  4 subcommittee on the justice system.
 10  5    c.  It is the intent of the general assembly that each
 10  6 lease negotiated by the department of corrections with a
 10  7 private corporation for the purpose of providing private
 10  8 industry employment of inmates in a correctional institution
 10  9 shall prohibit the private corporation from utilizing inmate
 10 10 labor for partisan political purposes for any person seeking
 10 11 election to public office in this state and that a violation
 10 12 of this requirement shall result in a termination of the lease
 10 13 agreement.
 10 14    d.  It is the intent of the general assembly that as a
 10 15 condition of receiving the appropriation provided in this
 10 16 subsection, the department of corrections shall not enter into
 10 17 a lease or contractual agreement pursuant to section 904.809
 10 18 with a private corporation for the use of building space for
 10 19 the purpose of providing inmate employment without providing
 10 20 that the terms of the lease or contract establish safeguards
 10 21 to restrict, to the greatest extent feasible, access by
 10 22 inmates working for the private corporation to personal
 10 23 identifying information of citizens.
 10 24    e.  It is the intent of the general assembly that as a
 10 25 condition of receiving the appropriation provided in this
 10 26 subsection, the department of corrections shall not enter into
 10 27 any new agreement with a private for-profit agency or
 10 28 corporation for the purpose of transferring inmates under the
 10 29 custody of the department to a jail or correctional facility
 10 30 or institution in this state which is established, maintained,
 10 31 or operated by a private for-profit agency or corporation
 10 32 without prior approval by the general assembly.
 10 33    2.  For salaries, support, maintenance, miscellaneous
 10 34 purposes, and for not more than the following full-time
 10 35 equivalent positions at the correctional training center at
 11  1 Mt. Pleasant:  
 11  2 .................................................. $    473,479
 11  3 ............................................... FTEs       8.07
 11  4    3.  For educational programs for inmates at state penal
 11  5 institutions:  
 11  6 .................................................. $  3,075,014
 11  7    It is the intent of the general assembly that moneys
 11  8 appropriated in this subsection shall be used solely for the
 11  9 purpose indicated and that the moneys shall not be transferred
 11 10 for any other purpose.  In addition, it is the intent of the
 11 11 general assembly that the department shall consult with the
 11 12 community colleges in the areas in which the institutions are
 11 13 located to utilize moneys appropriated in this subsection to
 11 14 fund the high school completion, high school equivalency
 11 15 diploma, adult literacy, and adult basic education programs in
 11 16 a manner so as to maintain these programs at the institutions.
 11 17    To maximize the funding for educational programs, the
 11 18 department shall establish guidelines and procedures to
 11 19 prioritize the availability of educational and vocational
 11 20 training for inmates based upon the goal of facilitating an
 11 21 inmate's successful release from the correctional institution.
 11 22    Notwithstanding section 8.33, moneys appropriated in this
 11 23 subsection that remain unobligated or unexpended at the close
 11 24 of the fiscal year shall not revert but shall remain available
 11 25 for expenditure only for the purpose designated in this
 11 26 subsection until the close of the succeeding fiscal year.
 11 27    4.  For the development of the departmentalwide Iowa
 11 28 corrections offender network (ICON) data system:  
 11 29 .................................................. $    559,980
 11 30    5.  The department of corrections shall submit a report to
 11 31 the cochairpersons and ranking members of the joint
 11 32 appropriations subcommittee on the justice system and the
 11 33 legislative fiscal bureau, on or before January 15, 2002,
 11 34 concerning the development and implementation of the Iowa
 11 35 corrections offender network (ICON) data system.  The report
 12  1 shall include a description of the system and functions, a
 12  2 plan for implementation of the system, including a timeline,
 12  3 resource and staffing requirements for the system, and a
 12  4 current status and progress report concerning the
 12  5 implementation of the system.  In addition, the report shall
 12  6 specifically address the ability of the system to receive and
 12  7 transmit data between prisons, community-based corrections
 12  8 district departments, the judicial branch, board of parole,
 12  9 the criminal and juvenile justice planning division of the
 12 10 department of human rights, the department of public safety,
 12 11 and other applicable governmental agencies.  The report should
 12 12 include a detailed discussion of the cooperation with other
 12 13 state agencies and the judicial branch in the development and
 12 14 implementation of the system.
 12 15    6.  It is the intent of the general assembly that the
 12 16 department of corrections shall continue to operate the
 12 17 correctional farms under the control of the department at the
 12 18 same or greater level of participation and involvement as
 12 19 existed as of January 1, 2001, shall not enter into any rental
 12 20 agreement or contract concerning any farmland under the
 12 21 control of the department that is not subject to a rental
 12 22 agreement or contract as of January 1, 2001, without prior
 12 23 legislative approval, and shall further attempt to provide job
 12 24 opportunities at the farms for inmates.  The department shall
 12 25 attempt to provide job opportunities at the farms for inmates
 12 26 by encouraging labor-intensive farming or gardening where
 12 27 appropriate, using inmates to grow produce and meat for
 12 28 institutional consumption, researching the possibility of
 12 29 instituting food canning and cook-and-chill operations, and
 12 30 exploring opportunities for organic farming and gardening,
 12 31 livestock ventures, horticulture, and specialized crops.
 12 32    7.  The department of corrections shall submit a report to
 12 33 the general assembly by January 1, 2002, concerning moneys
 12 34 recouped from inmate earnings for the reimbursement of
 12 35 operational expenses of the applicable facility during the
 13  1 fiscal year beginning July 1, 2000, for each correctional
 13  2 institution and judicial district department of correctional
 13  3 services.  In addition, each correctional institution and
 13  4 judicial district department of correctional services shall
 13  5 continue to submit a report to the legislative fiscal bureau
 13  6 on a monthly basis concerning moneys recouped from inmate
 13  7 earnings pursuant to sections 904.702, 904.809, and 905.14.
 13  8    Sec. 6.  JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL
 13  9 SERVICES.
 13 10    1.  There is appropriated from the general fund of the
 13 11 state to the department of corrections for the fiscal year
 13 12 beginning July 1, 2001, and ending June 30, 2002, the
 13 13 following amounts, or so much thereof as is necessary, to be
 13 14 allocated as follows:
 13 15    a.  For the first judicial district department of
 13 16 correctional services, including the treatment and supervision
 13 17 of probation and parole violators who have been released from
 13 18 the department of corrections violator program, the following
 13 19 amount, or so much thereof as is necessary:  
 13 20 .................................................. $  8,870,274
 13 21    b.  For the second judicial district department of
 13 22 correctional services, including the treatment and supervision
 13 23 of probation and parole violators who have been released from
 13 24 the department of corrections violator program, the following
 13 25 amount, or so much thereof as is necessary:  
 13 26 .................................................. $  6,740,702
 13 27    c.  For the third judicial district department of
 13 28 correctional services, including the treatment and supervision
 13 29 of probation and parole violators who have been released from
 13 30 the department of corrections violator program, the following
 13 31 amount, or so much thereof as is necessary:  
 13 32 .................................................. $  4,033,736
 13 33    d.  For the fourth judicial district department of
 13 34 correctional services, including the treatment and supervision
 13 35 of probation and parole violators who have been released from
 14  1 the department of corrections violator program, the following
 14  2 amount, or so much thereof as is necessary:  
 14  3 .................................................. $  3,829,927
 14  4    e.  For the fifth judicial district department of
 14  5 correctional services, including the treatment and supervision
 14  6 of probation and parole violators who have been released from
 14  7 the department of corrections violator program, the following
 14  8 amount, or so much thereof as is necessary:  
 14  9 .................................................. $ 11,823,192
 14 10    f.  For the sixth judicial district department of
 14 11 correctional services, including the treatment and supervision
 14 12 of probation and parole violators who have been released from
 14 13 the department of corrections violator program, the following
 14 14 amount, or so much thereof as is necessary:  
 14 15 .................................................. $  8,941,214
 14 16    g.  For the seventh judicial district department of
 14 17 correctional services, including the treatment and supervision
 14 18 of probation and parole violators who have been released from
 14 19 the department of corrections violator program, the following
 14 20 amount, or so much thereof as is necessary:  
 14 21 .................................................. $  5,157,571
 14 22    h.  For the eighth judicial district department of
 14 23 correctional services, including the treatment and supervision
 14 24 of probation and parole violators who have been released from
 14 25 the department of corrections violator program, the following
 14 26 amount, or so much thereof as is necessary:  
 14 27 .................................................. $  5,033,178
 14 28    i.  For the department of corrections for the assistance
 14 29 and support of each judicial district department of
 14 30 correctional services, the following amount, or so much
 14 31 thereof as is necessary:  
 14 32 .................................................. $     78,119
 14 33    2.  Each judicial district department of correctional
 14 34 services shall continue programs and plans established within
 14 35 that district to provide for intensive supervision, sex
 15  1 offender treatment, diversion of low-risk offenders to the
 15  2 least restrictive sanction available, job development, and
 15  3 expanded use of intermediate criminal sanctions.
 15  4    3.  The department of corrections shall continue to
 15  5 contract with a judicial district department of correctional
 15  6 services to provide for the rental of electronic monitoring
 15  7 equipment which shall be available statewide.
 15  8    4.  Each judicial district department of correctional
 15  9 services and the department of corrections shall continue the
 15 10 treatment alternatives to street crime programs established in
 15 11 1989 Iowa Acts, chapter 225, section 9.
 15 12    5.  The governor's office of drug control policy shall
 15 13 consider federal grants made to the department of corrections
 15 14 for the benefit of each of the eight judicial district
 15 15 departments of correctional services as local government
 15 16 grants, as defined pursuant to federal regulations.
 15 17    6.  A drug court established in a judicial district
 15 18 department of correctional services shall only be offered to
 15 19 offenders if an adjudication of guilt has been entered, and
 15 20 felony offenses shall be given priority over misdemeanors.
 15 21    7.  The department of corrections and the eight judicial
 15 22 district departments of correctional services shall submit a
 15 23 combined comprehensive report on the violator program and the
 15 24 violator aftercare program to the cochairpersons and ranking
 15 25 members of the joint appropriations subcommittee on the
 15 26 justice system and to the legislative fiscal bureau by
 15 27 December 1, 2001.  The report shall include a description of
 15 28 the program and each judicial district's criteria for
 15 29 admission to the violator program at the Newton correctional
 15 30 facility and the Iowa correctional institution for women, the
 15 31 number of beds in the program, and the number of offenders
 15 32 placed in the program for the fiscal years beginning July 1,
 15 33 1999, and ending June 30, 2001.  The report shall also contain
 15 34 actual expenditures related to the program for each fiscal
 15 35 year of the fiscal period beginning July 1, 1999, and ending
 16  1 June 30, 2001, the budgeted expenditures for each fiscal year
 16  2 of the fiscal period beginning July 1, 1999, and ending June
 16  3 30, 2001, by revenue source, the characteristics of each
 16  4 offender including the offender's race and gender, the number
 16  5 of FTE positions used for the program, and quantitative
 16  6 measures analyzing the success of the program.
 16  7    8.  In addition to the requirements of section 8.39, the
 16  8 department of corrections shall not make an intradepartmental
 16  9 transfer of moneys appropriated to the department, unless
 16 10 notice of the intradepartmental transfer is given prior to its
 16 11 effective date to the legislative fiscal bureau.  The notice
 16 12 shall include information on the department's rationale for
 16 13 making the transfer and details concerning the work load and
 16 14 performance measures upon which the transfers are based.
 16 15    9.  The department of corrections and the eight judicial
 16 16 district departments of correctional services shall submit a
 16 17 combined comprehensive report on the use of intermediate
 16 18 criminal sanctions program pursuant to chapter 901B to the
 16 19 cochairpersons and ranking members of the joint appropriations
 16 20 subcommittee on the justice system, and to the legislative
 16 21 fiscal bureau by January 15, 2002.  The report shall include a
 16 22 description of the program and the criteria used for placement
 16 23 at each intermediate sanction level or sublevel of the
 16 24 corrections continuum within each district plan, the number of
 16 25 offenders placed at each intermediate sanction level or
 16 26 sublevel in each district for each fiscal year of the fiscal
 16 27 period beginning July 1, 1999, and ending June 30, 2001, the
 16 28 number of offenders expected to be placed in the program for
 16 29 the fiscal year beginning July 1, 2001, and ending June 30,
 16 30 2002, and the capacity for each level and sublevel within the
 16 31 continuum.  The report shall also contain actual expenditures
 16 32 related to the continuum for each fiscal year of the fiscal
 16 33 period beginning July 1, 1999, and ending June 30, 2001, the
 16 34 budgeted expenditures for each fiscal year of the fiscal
 16 35 period beginning July 1, 1999, and ending June 30, 2001, by
 17  1 revenue source, the characteristics of each offender including
 17  2 the offender's race and gender at each level and sublevel, the
 17  3 number of FTE positions working in positions related to the
 17  4 continuum, and quantitative measures analyzing the success of
 17  5 the program.
 17  6    10.  The department of corrections in cooperation with the
 17  7 second, third, fourth, and fifth judicial district departments
 17  8 of correctional services, shall implement procedures to
 17  9 provide continuing evaluation of the drug courts.  The
 17 10 evaluation shall include a description of the two models
 17 11 currently being used by the judicial districts, a description
 17 12 of the program, criteria for admission, program capacity,
 17 13 number of offenders in the program by offense class, program
 17 14 expenditures, and quantitative outcome measures including
 17 15 successful completion and recidivism rates.
 17 16    Sec. 7.  CORRECTIONAL INSTITUTIONS – VOCATIONAL TRAINING.
 17 17    1.  The state prison industries board and the department of
 17 18 corrections shall continue the implementation of a plan to
 17 19 enhance vocational training opportunities within the
 17 20 correctional institutions listed in section 904.102, as
 17 21 provided in 1993 Iowa Acts, chapter 171, section 12.  The plan
 17 22 shall provide for increased vocational training opportunities
 17 23 within the correctional institutions, including the
 17 24 possibility of approving community college credit for inmates
 17 25 working in prison industries.  The department of corrections
 17 26 shall provide a report concerning the implementation of the
 17 27 plan to the cochairpersons and ranking members of the joint
 17 28 appropriations subcommittee on the justice system and the
 17 29 legislative fiscal bureau, on or before January 15, 2002.
 17 30    2.  It is the intent of the general assembly that each
 17 31 correctional facility make all reasonable efforts to maintain
 17 32 vocational education programs for inmates and to identify
 17 33 available funding sources to continue these programs.  The
 17 34 department of corrections shall submit a report to the general
 17 35 assembly by January 1, 2002, concerning the efforts made by
 18  1 each correctional facility in maintaining vocational education
 18  2 programs for inmates.
 18  3    3.  The department of corrections shall submit a report on
 18  4 inmate labor to the general assembly, the cochairpersons, and
 18  5 the ranking members of the joint appropriations subcommittee
 18  6 on the justice system, and to the legislative fiscal bureau by
 18  7 January 15, 2002.  The report shall specifically address the
 18  8 progress the department has made in implementing the
 18  9 requirements of section 904.701, inmate labor on capital
 18 10 improvement projects, community work crews, and private-sector
 18 11 employment.
 18 12    4.  Each month the department shall provide a status report
 18 13 regarding private-sector employment to the legislative fiscal
 18 14 bureau beginning on July 1, 2001.  The report shall include
 18 15 the number of offenders employed in the private sector, the
 18 16 combined number of hours worked by the offenders, and the
 18 17 total amount of allowances, and the distribution of allowances
 18 18 pursuant to section 904.702, including any moneys deposited in
 18 19 the general fund of the state.
 18 20    Sec. 8.  STATE AGENCY PURCHASES FROM PRISON INDUSTRIES.
 18 21    1.  As used in this section, unless the context otherwise
 18 22 requires, "state agency" means the government of the state of
 18 23 Iowa, including but not limited to all executive branch
 18 24 departments, agencies, boards, bureaus, and commissions, the
 18 25 judicial branch, the general assembly and all legislative
 18 26 agencies, institutions within the purview of the state board
 18 27 of regents, and any corporation whose primary function is to
 18 28 act as an instrumentality of the state.
 18 29    2.  State agencies are hereby encouraged to purchase
 18 30 products from Iowa state industries, as defined in section
 18 31 904.802, when purchases are required and the products are
 18 32 available from Iowa state industries.
 18 33    3.  State agencies shall submit to the legislative fiscal
 18 34 bureau by January 15, 2002, a report of the dollar value of
 18 35 products and services purchased from Iowa state industries by
 19  1 the state agency during the fiscal year beginning July 1,
 19  2 2000, and ending June 30, 2001.
 19  3    Sec. 9.  STATE PUBLIC DEFENDER.  There is appropriated from
 19  4 the general fund of the state to the office of the state
 19  5 public defender of the department of inspections and appeals
 19  6 for the fiscal year beginning July 1, 2001, and ending June
 19  7 30, 2002, the following amount, or so much thereof as is
 19  8 necessary, for the purposes designated:  
 19  9 .................................................. $ 34,607,759
 19 10    The funds appropriated and full-time equivalent positions
 19 11 authorized in this section are allocated as follows:
 19 12    1.  For salaries, support, maintenance, and miscellaneous
 19 13 purposes, and for not more than the following full-time
 19 14 equivalent positions:  
 19 15 .................................................. $ 14,793,660
 19 16 ............................................... FTEs     202.00
 19 17    2.  For the fees of court-appointed attorneys for indigent
 19 18 adults and juveniles, in accordance with section 232.141 and
 19 19 chapter 815:  
 19 20 .................................................. $ 19,814,099
 19 21    Sec. 10.  IOWA LAW ENFORCEMENT ACADEMY.  There is
 19 22 appropriated from the general fund of the state to the Iowa
 19 23 law enforcement academy for the fiscal year beginning July 1,
 19 24 2001, and ending June 30, 2002, the following amount, or so
 19 25 much thereof as is necessary, to be used for the purposes
 19 26 designated:
 19 27    1.  For salaries, support, maintenance, miscellaneous
 19 28 purposes, including jailer training and technical assistance,
 19 29 and for not more than the following full-time equivalent
 19 30 positions:  
 19 31 .................................................. $  1,306,546
 19 32 ............................................... FTEs      29.05
 19 33    It is the intent of the general assembly that the Iowa law
 19 34 enforcement academy may provide training of state and local
 19 35 law enforcement personnel concerning the recognition of and
 20  1 response to persons with Alzheimer's disease.  
 20  2    2.  The Iowa law enforcement academy may select at least
 20  3 five automobiles of the department of public safety, division
 20  4 of the Iowa state patrol, prior to turning over the
 20  5 automobiles to the state fleet administrator to be disposed of
 20  6 by public auction and the Iowa law enforcement academy may
 20  7 exchange any automobile owned by the academy for each
 20  8 automobile selected if the selected automobile is used in
 20  9 training law enforcement officers at the academy.  However,
 20 10 any automobile exchanged by the academy shall be substituted
 20 11 for the selected vehicle of the department of public safety
 20 12 and sold by public auction with the receipts being deposited
 20 13 in the depreciation fund to the credit of the department of
 20 14 public safety, division of the Iowa state patrol.
 20 15    Sec. 11.  BOARD OF PAROLE.  There is appropriated from the
 20 16 general fund of the state to the board of parole for the
 20 17 fiscal year beginning July 1, 2001, and ending June 30, 2002,
 20 18 the following amount, or so much thereof as is necessary, to
 20 19 be used for the purposes designated:
 20 20    For salaries, support, maintenance, miscellaneous purposes,
 20 21 and for not more than the following full-time equivalent
 20 22 positions:  
 20 23 .................................................. $  1,019,507
 20 24 ............................................... FTEs      16.50
 20 25    A portion of the funds appropriated in this section shall
 20 26 be used to continue a pilot program for probation violations
 20 27 in the sixth judicial district department of correctional
 20 28 services.  Data shall be maintained to evaluate the pilot
 20 29 program.
 20 30    Sec. 12.  DEPARTMENT OF PUBLIC DEFENSE.  There is
 20 31 appropriated from the general fund of the state to the
 20 32 department of public defense for the fiscal year beginning
 20 33 July 1, 2001, and ending June 30, 2002, the following amounts,
 20 34 or so much thereof as is necessary, to be used for the
 20 35 purposes designated:
 21  1    1.  MILITARY DIVISION
 21  2    For salaries, support, maintenance, miscellaneous purposes,
 21  3 and for not more than the following full-time equivalent
 21  4 positions:  
 21  5 ................................................. $  5,190,924
 21  6 ............................................... FTEs    259.76
 21  7    If there is a surplus in the general fund of the state for
 21  8 the fiscal year ending June 30, 2002, within 60 days after the
 21  9 close of the fiscal year, the military division may incur up
 21 10 to an additional $500,000 in expenditures from the surplus
 21 11 prior to transfer of the surplus pursuant to section 8.57.
 21 12    2.  EMERGENCY MANAGEMENT DIVISION
 21 13    For salaries, support, maintenance, miscellaneous purposes,
 21 14 and for not more than the following full-time equivalent
 21 15 positions:  
 21 16 .................................................. $  1,051,608
 21 17 ............................................... FTEs      25.25
 21 18    Sec. 13.  DEPARTMENT OF PUBLIC SAFETY.  There is
 21 19 appropriated from the general fund of the state to the
 21 20 department of public safety for the fiscal year beginning July
 21 21 1, 2001, and ending June 30, 2002, the following amounts, or
 21 22 so much thereof as is necessary, to be used for the purposes
 21 23 designated:
 21 24    1.  For the department's administrative functions,
 21 25 including the criminal justice information system, and for not
 21 26 more than the following full-time equivalent positions:  
 21 27 .................................................. $  2,404,533
 21 28 ............................................... FTEs      39.80
 21 29    2.  For the division of criminal investigation and bureau
 21 30 of identification including the state's contribution to the
 21 31 peace officers' retirement, accident, and disability system
 21 32 provided in chapter 97A in the amount of 17 percent of the
 21 33 salaries for which the funds are appropriated, to meet federal
 21 34 fund matching requirements, and for not more than the
 21 35 following full-time equivalent positions:  
 22  1 .................................................. $ 11,931,266
 22  2 ............................................... FTEs     233.50
 22  3    Of the full-time equivalent positions authorized in this
 22  4 subsection, the division of criminal investigation may use
 22  5 2.00 FTEs for the establishment of an elderly crime unit if
 22  6 federal funding is obtained.  If federal funding is obtained
 22  7 and subsequently discontinued, the 2.00 FTEs shall be
 22  8 eliminated.
 22  9    Riverboat enforcement costs shall be billed in accordance
 22 10 with section 99F.10, subsection 4.  The costs shall be not
 22 11 more than the department's estimated expenditures, including
 22 12 salary adjustment, for riverboat enforcement for the fiscal
 22 13 year.
 22 14    The department of public safety, with the approval of the
 22 15 department of management, may employ no more than two special
 22 16 agents and four gaming enforcement officers for each
 22 17 additional riverboat regulated after July 1, 2001, and one
 22 18 special agent for each racing facility which becomes
 22 19 operational during the fiscal year which begins July 1, 2001.
 22 20 One additional gaming enforcement officer, up to a total of
 22 21 four per boat, may be employed for each riverboat that has
 22 22 extended operations to 24 hours and has not previously
 22 23 operated with a 24-hour schedule.  Positions authorized in
 22 24 this paragraph are in addition to the full-time equivalent
 22 25 positions otherwise authorized in this subsection.
 22 26    3.  a.  For the division of narcotics enforcement,
 22 27 including the state's contribution to the peace officers'
 22 28 retirement, accident, and disability system provided in
 22 29 chapter 97A in the amount of 17 percent of the salaries for
 22 30 which the funds are appropriated, to meet federal fund
 22 31 matching requirements, and for not more than the following
 22 32 full-time equivalent positions:  
 22 33 .................................................. $  3,501,690
 22 34 ............................................... FTEs      61.00
 22 35    b.  For the division of narcotics enforcement for
 23  1 undercover purchases:  
 23  2 .................................................. $    129,804
 23  3    4.  a.  For the state fire marshal's office, including the
 23  4 state's contribution to the peace officers' retirement,
 23  5 accident, and disability system provided in chapter 97A in the
 23  6 amount of 17 percent of the salaries for which the funds are
 23  7 appropriated, and for not more than the following full-time
 23  8 equivalent positions:  
 23  9 .................................................. $  1,831,002
 23 10 ................................................ FTEs     38.80
 23 11    b.  For the state fire marshal's office, for fire
 23 12 protection services as provided through the state fire service
 23 13 and emergency response council as created in the department,
 23 14 and for not more than the following full-time equivalent
 23 15 positions:  
 23 16 .................................................. $    606,460
 23 17 ............................................... FTEs      12.00
 23 18    5.  For the capitol police division, including the state's
 23 19 contribution to the peace officers' retirement, accident, and
 23 20 disability system provided in chapter 97A in the amount of 17
 23 21 percent of the salaries for which the funds are appropriated
 23 22 and for not more than the following full-time equivalent
 23 23 positions:  
 23 24 .................................................. $  1,240,582
 23 25 ............................................... FTEs      26.00
 23 26    6.  For the division of the Iowa state patrol of the
 23 27 department of public safety, for salaries, support,
 23 28 maintenance, workers' compensation costs, and miscellaneous
 23 29 purposes, including the state's contribution to the peace
 23 30 officers' retirement, accident, and disability system provided
 23 31 in chapter 97A in the amount of 17 percent of the salaries for
 23 32 which the funds are appropriated, and for not more than the
 23 33 following full-time equivalent positions:  
 23 34 .................................................. $ 36,676,633
 23 35 ............................................... FTEs     567.25
 24  1    7.  For costs associated with the maintenance of the
 24  2 automated fingerprint information system (AFIS):  
 24  3 .................................................. $    239,743
 24  4    8.  For deposit in the public safety law enforcement sick-
 24  5 leave benefit fund established under section 80.42, for all
 24  6 departmental employees eligible to receive benefits for
 24  7 accrued sick leave under the collective bargaining agreement:  
 24  8 .................................................. $    288,139
 24  9    9.  An employee of the department of public safety who
 24 10 retires after July 1, 2001, but prior to June 30, 2002, is
 24 11 eligible for payment of life or health insurance premiums as
 24 12 provided for in the collective bargaining agreement covering
 24 13 the public safety bargaining unit at the time of retirement if
 24 14 that employee previously served in a position which would have
 24 15 been covered by the agreement.  The employee shall be given
 24 16 credit for the service in that prior position as though it
 24 17 were covered by that agreement.  The provisions of this
 24 18 subsection shall not operate to reduce any retirement benefits
 24 19 an employee may have earned under other collective bargaining
 24 20 agreements or retirement programs.
 24 21    10.  For costs associated with the training and equipment
 24 22 needs of volunteer fire fighters and for not more than the
 24 23 following full-time equivalent positions:  
 24 24 .................................................. $    573,154
 24 25 ............................................... FTEs       1.00
 24 26    Notwithstanding section 8.33, moneys appropriated in this
 24 27 subsection that remain unobligated or unexpended at the close
 24 28 of the fiscal year shall not revert but shall remain available
 24 29 for expenditure only for the purpose designated in this
 24 30 subsection until the close of the succeeding fiscal year.  
 24 31                           DIVISION II
 24 32                   SUPPLEMENTAL APPROPRIATION
 24 33    Sec. 14.  SUPPLEMENTAL APPROPRIATION TO THE FORT MADISON
 24 34 CORRECTIONAL FACILITY.  There is appropriated from the general
 24 35 fund of the state to the department of corrections for the
 25  1 fiscal year beginning July 1, 2000, and ending June 30, 2001,
 25  2 the following amount, or so much thereof as is necessary, to
 25  3 be used for the purposes designated, in addition to the
 25  4 appropriation made for those purposes in 2000 Iowa Acts,
 25  5 chapter 1229, section 4:
 25  6    For compliance at the Fort Madison correctional facility,
 25  7 including salaries, support, maintenance, and miscellaneous
 25  8 purposes:  
 25  9 .................................................. $  2,000,000
 25 10    Notwithstanding section 8.33, moneys appropriated in this
 25 11 section that remain unencumbered or unobligated at the close
 25 12 of the fiscal year shall not revert but shall remain available
 25 13 for expenditure in subsequent fiscal years for the purposes
 25 14 specified in the section.
 25 15    Sec. 15.  EFFECTIVE DATE.  This division of this Act, being
 25 16 deemed of immediate importance, takes effect upon enactment.  
 25 17                          DIVISION III
 25 18                          CODE CHANGES
 25 19    Sec. 16.  Section 18.120, Code 2001, is amended to read as
 25 20 follows:
 25 21    18.120  REPLACEMENT FUND.
 25 22    1.  The state fleet administrator shall maintain a
 25 23 depreciation fund for the purchase of replacement motor
 25 24 vehicles and additions to the fleet.  The state fleet
 25 25 administrator's records shall show the total funds deposited
 25 26 by and credited to each department or agency thereof.  At the
 25 27 end of each month, the state fleet administrator shall render
 25 28 a statement to each state department or agency thereof for
 25 29 additions to the fleet and total depreciation credited to that
 25 30 department or agency.  Such depreciation expense shall be paid
 25 31 by the state departments or agencies in the same manner as
 25 32 other expenses of such department are paid, and shall be
 25 33 deposited in the depreciation fund to the credit of the
 25 34 department or agency thereof.  The funds credited to each
 25 35 department or agency thereof shall remain the property of the
 26  1 department or agency.  However, at the end of each biennium,
 26  2 the state fleet administrator shall cause to revert to the
 26  3 fund from which it accumulated any unassigned depreciation.
 26  4    2.  The department of corrections is not obligated to pay
 26  5 the depreciation expense otherwise required by this section.
 26  6    Sec. 17.  NEW SECTION.  80.42  SICK LEAVE BENEFITS FUND.
 26  7    1.  A sick leave benefits fund is established in the office
 26  8 of the treasurer of state under the control of the department
 26  9 of public safety.  The moneys annually credited to the fund
 26 10 are appropriated to the department to pay health and life
 26 11 insurance monthly premium costs for retired departmental
 26 12 employees and beneficiaries who are eligible to receive
 26 13 benefits for accrued sick leave under the collective
 26 14 bargaining agreement with the state police officers council or
 26 15 pursuant to section 70A.23.
 26 16    2.  Notwithstanding section 12C.7, subsection 2, interest
 26 17 or earnings on moneys credited to the sick leave benefits fund
 26 18 shall be credited to the sick leave benefits fund.
 26 19 Notwithstanding section 8.33, moneys credited to the sick
 26 20 leave benefits fund at the end of a fiscal year shall not
 26 21 revert to any other fund but shall remain in the fund for
 26 22 purposes of the fund.
 26 23    3.  Notwithstanding section 8.39, if funds are needed to
 26 24 pay monthly premium costs as provided for in subsection 1,
 26 25 sufficient funds may be transferred and credited to the sick
 26 26 leave benefits fund from any moneys appropriated to the
 26 27 department.
 26 28    Sec. 18.  Section 904.513, subsection 2, Code 2001, is
 26 29 amended to read as follows:
 26 30    2.  Upon request by the director a county shall provide
 26 31 temporary confinement for offenders allegedly violating the
 26 32 conditions of assignment to a program under this chapter, if
 26 33 space is available in the county.  The department shall
 26 34 negotiate a reimbursement rate with each county.  The amount
 26 35 to be reimbursed shall be determined by multiplying the number
 27  1 of days a person is confined by the average daily cost of
 27  2 confining a person in the county facility as negotiated with
 27  3 the department.  The average daily cost shall not include
 27  4 administrative support personnel costs as defined in the
 27  5 United States marshal's service cost sheet for detention
 27  6 services.  A county holding offenders in jail due to
 27  7 insufficient space in a community residential facility shall
 27  8 be reimbursed as provided in this subsection.  Payment shall
 27  9 be made upon submission of a voucher United States marshal's
 27 10 service cost sheet executed by the sheriff and approved by the
 27 11 director.
 27 12    Sec. 19.  Section 904.908, subsection 2, Code 2001, is
 27 13 amended to read as follows:
 27 14    2.  The Iowa department of corrections shall negotiate a
 27 15 reimbursement rate with each county for the temporary
 27 16 confinement of alleged violators of work release conditions
 27 17 who are in the custody of the director of the Iowa department
 27 18 of corrections or who are housed or supervised by the judicial
 27 19 district department of correctional services.  The amount to
 27 20 be reimbursed shall be determined by multiplying the number of
 27 21 days a person is confined by the average daily cost of
 27 22 confining a person in the county facility as negotiated with
 27 23 the department.  The average daily cost shall not include
 27 24 administrative support personnel costs as defined in the
 27 25 United States marshal's service cost sheet for detention
 27 26 services.  Payment shall be made upon submission of a voucher
 27 27 United States marshal's service cost sheet executed by the
 27 28 sheriff and approved by the director of the Iowa department of
 27 29 corrections.
 27 30    Sec. 20.  Section 906.17, subsection 2, Code 2001, is
 27 31 amended to read as follows:
 27 32    2.  The Iowa department of corrections shall reimburse a
 27 33 county for the temporary confinement of alleged parole
 27 34 violators.  The amount to be reimbursed shall be determined by
 27 35 multiplying the number of days confined by the average daily
 28  1 cost of confining a person in the county facility as
 28  2 negotiated by the department.  The average daily cost shall
 28  3 not include administrative support personnel costs as defined
 28  4 in the United States marshal's service cost sheet for
 28  5 detention services.  Payment shall be made upon submission of
 28  6 a voucher United States marshal's service cost sheet executed
 28  7 by the sheriff and approved by the director of the Iowa
 28  8 department of corrections.
 28  9    Sec. 21.  1998 Iowa Acts, chapter 1101, section 15,
 28 10 subsection 2, as amended by 1999 Iowa Acts, chapter 202,
 28 11 section 25, and as amended by 2000 Iowa Acts, chapter 1229,
 28 12 section 25, is amended to read as follows:
 28 13    2.  a.  There is appropriated from surcharge moneys
 28 14 received by the E911 administrator and deposited into the
 28 15 wireless E911 emergency communications fund, for each fiscal
 28 16 year in the fiscal period beginning July 1, 1998, and ending
 28 17 June 30, 2001 2002, an amount not to exceed two hundred
 28 18 thousand dollars to be used for the implementation, support,
 28 19 and maintenance of the functions of the E911 administrator.
 28 20 The amount appropriated in this paragraph includes any amounts
 28 21 necessary to reimburse the division of emergency management of
 28 22 the department of public defense pursuant to paragraph "b".
 28 23    b.  Notwithstanding the distribution formula in section
 28 24 34A.7A, as enacted in this Act, and prior to any such
 28 25 distribution, of the initial surcharge moneys received by the
 28 26 E911 administrator and deposited into the wireless E911
 28 27 emergency communications fund, for each fiscal year in the
 28 28 fiscal period beginning July 1, 1998, and ending June 30, 2001
 28 29 2002, an amount is appropriated to the division of emergency
 28 30 management of the department of public defense as necessary to
 28 31 reimburse the division for amounts expended for the
 28 32 implementation, support, and maintenance of the E911
 28 33 administrator, including the E911 administrator's salary.
 28 34    Sec. 22.  LEGISLATIVE STUDY – INVOLUNTARY HOSPITALIZATION
 28 35 AND INVOLUNTARY COMMITMENT PROCEEDINGS.  The legislative
 29  1 council is requested to establish a study committee during the
 29  2 2001 interim on issues relating to involuntary hospitalization
 29  3 including, but not limited to, both inpatient and outpatient
 29  4 commitment proceedings and advanced directives.  The study
 29  5 committee shall consist of legislator members of both
 29  6 political parties from both houses of the general assembly,
 29  7 representatives of the judicial branch and the department of
 29  8 corrections, counties, law enforcement personnel, including
 29  9 police officers and sheriffs, mental health consumers, mental
 29 10 health advocacy groups, including, but not limited to,
 29 11 representatives from the alliance for the mentally ill and
 29 12 mental health advocates, representatives from the Iowa
 29 13 department of public health, and representatives from the
 29 14 psychiatric and psychological services community.  
 29 15 
 29 16 
 29 17                                                             
 29 18                               MARY E. KRAMER
 29 19                               President of the Senate
 29 20 
 29 21 
 29 22                                                             
 29 23                               BRENT SIEGRIST
 29 24                               Speaker of the House
 29 25 
 29 26    I hereby certify that this bill originated in the Senate and
 29 27 is known as Senate File 530, Seventy-ninth General Assembly.
 29 28 
 29 29 
 29 30                                                             
 29 31                               MICHAEL E. MARSHALL
 29 32                               Secretary of the Senate
 29 33 Approved                , 2001
 29 34 
 29 35 
 30  1                                
 30  2 THOMAS J. VILSACK
 30  3 Governor
     

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