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PAG LIN 1 1 SENATE FILE 439 1 2 1 3 AN ACT 1 4 RELATING TO AND MAKING APPROPRIATIONS TO THE JUSTICE SYSTEM 1 5 AND PROVIDING AN EFFECTIVE DATE. 1 6 1 7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 8 1 9 Section 1. DEPARTMENT OF JUSTICE. 1 10 1. There is appropriated from the general fund of the 1 11 state to the department of justice for the fiscal year 1 12 beginning July 1, 2003, and ending June 30, 2004, the 1 13 following amount, or so much thereof as is necessary, to be 1 14 used for the purposes designated: 1 15 For the general office of attorney general for salaries, 1 16 support, maintenance, miscellaneous purposes including the 1 17 prosecuting attorney training program, victim assistance 1 18 grants, office of drug control policy (ODCP) prosecuting 1 19 attorney program, legal services for persons in poverty grants 1 20 as provided in section 13.34, odometer fraud enforcement, and 1 21 for not more than the following full-time equivalent 1 22 positions: 1 23 .................................................. $ 7,271,979 1 24 ............................................... FTEs 208.50 1 25 It is the intent of the general assembly that as a 1 26 condition of receiving the appropriation provided in this 1 27 subsection, the department of justice shall maintain a record 1 28 of the estimated time incurred representing each agency or 1 29 department. 1 30 2. In addition to the funds appropriated in subsection 1, 1 31 there is appropriated from the general fund of the state to 1 32 the department of justice for the fiscal year beginning July 1 33 1, 2003, and ending June 30, 2004, an amount not exceeding 1 34 $200,000 to be used for the enforcement of the Iowa 1 35 competition law. The funds appropriated in this subsection 2 1 are contingent upon receipt by the general fund of the state 2 2 of an amount at least equal to the expenditure amount from 2 3 either damages awarded to the state or a political subdivision 2 4 of the state by a civil judgment under chapter 553, if the 2 5 judgment authorizes the use of the award for enforcement 2 6 purposes or costs or attorneys fees awarded the state in state 2 7 or federal antitrust actions. However, if the amounts 2 8 received as a result of these judgments are in excess of 2 9 $200,000, the excess amounts shall not be appropriated to the 2 10 department of justice pursuant to this subsection. The 2 11 department of justice shall report the department's actual 2 12 costs and an estimate of the time incurred enforcing the 2 13 competition law, to the cochairpersons and ranking members of 2 14 the joint appropriations subcommittee on the justice system, 2 15 and to the legislative fiscal bureau by November 15, 2003. 2 16 3. In addition to the funds appropriated in subsection 1, 2 17 there is appropriated from the general fund of the state to 2 18 the department of justice for the fiscal year beginning July 2 19 1, 2003, and ending June 30, 2004, an amount not exceeding 2 20 $1,125,000 to be used for public education relating to 2 21 consumer fraud and for enforcement of section 714.16, and an 2 22 amount not exceeding $75,000 for investigation, prosecution, 2 23 and consumer education relating to consumer and criminal fraud 2 24 against older Iowans. The funds appropriated in this 2 25 subsection are contingent upon receipt by the general fund of 2 26 the state of an amount at least equal to the expenditure 2 27 amount from damages awarded to the state or a political 2 28 subdivision of the state by a civil consumer fraud judgment or 2 29 settlement, if the judgment or settlement authorizes the use 2 30 of the award for public education on consumer fraud. However, 2 31 if the funds received as a result of these judgments and 2 32 settlements are in excess of $1,200,000, the excess funds 2 33 shall not be appropriated to the department of justice 2 34 pursuant to this subsection. The department of justice shall 2 35 report to the cochairpersons and ranking members of the joint 3 1 appropriations subcommittee on the justice system, and to the 3 2 legislative fiscal bureau by November 15, 2003, the 3 3 department's actual costs and an estimate of the time incurred 3 4 in providing education pursuant to and enforcing this 3 5 subsection. 3 6 4. a. The funds used for victim assistance grants shall 3 7 be used to provide grants to care providers providing services 3 8 to crime victims of domestic abuse or to crime victims of rape 3 9 and sexual assault. 3 10 b. The balance of the victim compensation fund established 3 11 in section 915.94 may be used to provide salary and support of 3 12 not more than 22 FTEs and to provide maintenance for the 3 13 victim compensation functions of the department of justice. 3 14 5. The department of justice shall submit monthly 3 15 financial statements to the legislative fiscal bureau and the 3 16 department of management containing all appropriated accounts 3 17 in the same manner as provided in the monthly financial status 3 18 reports and personal services usage reports of the department 3 19 of revenue and finance. The monthly financial statements 3 20 shall include comparisons of the moneys and percentage spent 3 21 of budgeted to actual revenues and expenditures on a 3 22 cumulative basis for full-time equivalent positions and 3 23 available moneys. 3 24 6. a. The department of justice, in submitting budget 3 25 estimates for the fiscal year commencing July 1, 2004, 3 26 pursuant to section 8.23, shall include a report of funding 3 27 from sources other than amounts appropriated directly from the 3 28 general fund of the state to the department of justice or to 3 29 the office of consumer advocate. These funding sources shall 3 30 include, but are not limited to, reimbursements from other 3 31 state agencies, commissions, boards, or similar entities, and 3 32 reimbursements from special funds or internal accounts within 3 33 the department of justice. The department of justice shall 3 34 report actual reimbursements for the fiscal year commencing 3 35 July 1, 2002, and actual and expected reimbursements for the 4 1 fiscal year commencing July 1, 2003. 4 2 b. The department of justice shall include the report 4 3 required under paragraph "a", as well as information regarding 4 4 any revisions occurring as a result of reimbursements actually 4 5 received or expected at a later date, in a report to the co- 4 6 chairpersons and ranking members of the joint appropriations 4 7 subcommittee on the justice system and the legislative fiscal 4 8 bureau. The department of justice shall submit the report on 4 9 or before January 15, 2004. 4 10 7. As a condition for accepting a grant for legal services 4 11 for persons in poverty funded pursuant to section 13.34, an 4 12 organization receiving a grant shall submit a report to the 4 13 general assembly by January 1, 2004, concerning the use of any 4 14 grants received during the previous fiscal year and efforts 4 15 made by the organization to find alternative sources of 4 16 revenue to replace any reductions in federal funding for the 4 17 organization. 4 18 8. The department of justice and the department of revenue 4 19 and finance shall, in consultation with one another, issue a 4 20 request for information from private sector collection 4 21 agencies, concerning the use of such agencies for the 4 22 collection of fines, fees, surcharges, and court costs which 4 23 are delinquent more than one year. The department of justice 4 24 and the department of revenue and finance shall submit a 4 25 report regarding the request for information by December 15, 4 26 2003, for consideration by the general assembly in 2004. 4 27 Sec. 2. DEPARTMENT OF JUSTICE – ENVIRONMENTAL CRIMES 4 28 INVESTIGATION AND PROSECUTION – FUNDING. There is 4 29 appropriated from the environmental crime fund of the 4 30 department of justice, consisting of court-ordered fines and 4 31 penalties awarded to the department arising out of the 4 32 prosecution of environmental crimes, to the department of 4 33 justice for the fiscal year beginning July 1, 2003, and ending 4 34 June 30, 2004, an amount not exceeding $20,000 to be used by 4 35 the department, at the discretion of the attorney general, for 5 1 the investigation and prosecution of environmental crimes, 5 2 including the reimbursement of expenses incurred by county, 5 3 municipal, and other local governmental agencies cooperating 5 4 with the department in the investigation and prosecution of 5 5 environmental crimes. 5 6 The funds appropriated in this section are contingent upon 5 7 receipt by the environmental crime fund of the department of 5 8 justice of an amount at least equal to the appropriations made 5 9 in this section and received from contributions, court-ordered 5 10 restitution as part of judgments in criminal cases, and 5 11 consent decrees entered into as part of civil or regulatory 5 12 enforcement actions. However, if the funds received during 5 13 the fiscal year are in excess of $20,000, the excess funds 5 14 shall be deposited in the general fund of the state. 5 15 Notwithstanding section 8.33, moneys appropriated in this 5 16 section that remain unexpended or unobligated at the close of 5 17 the fiscal year shall not revert but shall remain available 5 18 for expenditure for the purpose designated until the close of 5 19 the succeeding fiscal year. 5 20 Sec. 3. OFFICE OF CONSUMER ADVOCATE. There is 5 21 appropriated from the general fund of the state to the office 5 22 of consumer advocate of the department of justice for the 5 23 fiscal year beginning July 1, 2003, and ending June 30, 2004, 5 24 the following amount, or so much thereof as is necessary, to 5 25 be used for the purposes designated: 5 26 For salaries, support, maintenance, miscellaneous purposes, 5 27 and for not more than the following full-time equivalent 5 28 positions: 5 29 .................................................. $ 2,750,386 5 30 ............................................... FTEs 27.00 5 31 Sec. 4. DEPARTMENT OF CORRECTIONS – FACILITIES. 5 32 1. There is appropriated from the general fund of the 5 33 state to the department of corrections for the fiscal year 5 34 beginning July 1, 2003, and ending June 30, 2004, the 5 35 following amounts, or so much thereof as is necessary, to be 6 1 used for the purposes designated: 6 2 For the operation of adult correctional institutions, 6 3 reimbursement of counties for certain confinement costs, and 6 4 federal prison reimbursement, to be allocated as follows: 6 5 a. For the operation of the Fort Madison correctional 6 6 facility, including salaries, support, maintenance, employment 6 7 of correctional officers, miscellaneous purposes, and for not 6 8 more than the following full-time equivalent positions: 6 9 .................................................. $ 35,673,163 6 10 ............................................... FTEs 576.50 6 11 b. For the operation of the Anamosa correctional facility, 6 12 including salaries, support, maintenance, employment of 6 13 correctional officers and a part-time chaplain to provide 6 14 religious counseling to inmates of a minority race, 6 15 miscellaneous purposes, and for not more than the following 6 16 full-time equivalent positions: 6 17 .................................................. $ 24,531,917 6 18 ............................................... FTEs 375.75 6 19 Moneys are provided within this appropriation for one full- 6 20 time substance abuse counselor for the Luster Heights 6 21 facility, for the purpose of certification of a substance 6 22 abuse program at that facility. 6 23 c. For the operation of the Oakdale correctional facility, 6 24 including salaries, support, maintenance, employment of 6 25 correctional officers, miscellaneous purposes, and for not 6 26 more than the following full-time equivalent positions: 6 27 .................................................. $ 22,107,007 6 28 ............................................... FTEs 326.50 6 29 d. For the operation of the Newton 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 .................................................. $ 22,865,691 6 34 ............................................... FTEs 371.25 6 35 e. For the operation of the Mt. Pleasant correctional 7 1 facility, including salaries, support, maintenance, employment 7 2 of correctional officers and a full-time chaplain to provide 7 3 religious counseling at the Oakdale and Mt. Pleasant 7 4 correctional facilities, miscellaneous purposes, and for not 7 5 more than the following full-time equivalent positions: 7 6 .................................................. $ 21,329,386 7 7 ............................................... FTEs 327.06 7 8 f. For the operation of the Rockwell City correctional 7 9 facility, including salaries, support, maintenance, employment 7 10 of correctional officers, miscellaneous purposes, and for not 7 11 more than the following full-time equivalent positions: 7 12 .................................................. $ 7,383,506 7 13 ............................................... FTEs 110.00 7 14 g. For the operation of the Clarinda 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 .................................................. $ 18,595,788 7 19 ............................................... FTEs 291.76 7 20 Moneys received by the department of corrections as 7 21 reimbursement for services provided to the Clarinda youth 7 22 corporation are appropriated to the department and shall be 7 23 used for the purpose of operating the Clarinda correctional 7 24 facility. 7 25 h. For the operation of the Mitchellville correctional 7 26 facility, including salaries, support, maintenance, employment 7 27 of correctional officers, miscellaneous purposes, and for not 7 28 more than the following full-time equivalent positions: 7 29 .................................................. $ 12,260,590 7 30 ............................................... FTEs 216.00 7 31 i. For the operation of the Fort Dodge 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 .................................................. $ 24,693,949 8 1 ............................................... FTEs 394.00 8 2 j. For reimbursement of counties for temporary confinement 8 3 of work release and parole violators, as provided in sections 8 4 901.7, 904.908, and 906.17 and for offenders confined pursuant 8 5 to section 904.513: 8 6 .................................................. $ 674,954 8 7 k. For federal prison reimbursement, reimbursements for 8 8 out-of-state placements, and miscellaneous contracts: 8 9 .................................................. $ 241,293 8 10 The department of corrections shall use funds appropriated 8 11 in this subsection to continue to contract for the services of 8 12 a Muslim imam. 8 13 2. a. If the inmate tort claim fund for inmate claims of 8 14 less than $100 is exhausted during the fiscal year, sufficient 8 15 funds shall be transferred from the institutional budgets to 8 16 pay approved tort claims for the balance of the fiscal year. 8 17 The warden or superintendent of each institution or 8 18 correctional facility shall designate an employee to receive, 8 19 investigate, and recommend whether to pay any properly filed 8 20 inmate tort claim for less than the above amount. The 8 21 designee's recommendation shall be approved or denied by the 8 22 warden or superintendent and forwarded to the department of 8 23 corrections for final approval and payment. The amounts 8 24 appropriated to this fund pursuant to 1987 Iowa Acts, chapter 8 25 234, section 304, subsection 2, are not subject to reversion 8 26 under section 8.33. 8 27 b. Tort claims denied at the institution shall be 8 28 forwarded to the state appeal board for their consideration as 8 29 if originally filed with that body. This procedure shall be 8 30 used in lieu of chapter 669 for inmate tort claims of less 8 31 than $100. 8 32 3. It is the intent of the general assembly that the 8 33 department of corrections shall timely fill correctional 8 34 positions authorized for correctional facilities pursuant to 8 35 this section. 9 1 Sec. 5. DEPARTMENT OF CORRECTIONS – ADMINISTRATION. 9 2 1. There is appropriated from the general fund of the 9 3 state to the department of corrections for the fiscal year 9 4 beginning July 1, 2003, and ending June 30, 2004, the 9 5 following amounts, or so much thereof as is necessary, to be 9 6 used for the purposes designated: 9 7 a. For general administration, including salaries, 9 8 support, maintenance, employment of an education director and 9 9 clerk to administer a centralized education program for the 9 10 correctional system, miscellaneous purposes, and for not more 9 11 than the following full-time equivalent positions: 9 12 .................................................. $ 2,713,159 9 13 ............................................... FTEs 42.18 9 14 (1) The department shall monitor the use of the 9 15 classification model by the judicial district departments of 9 16 correctional services and has the authority to override a 9 17 district department's decision regarding classification of 9 18 community-based clients. The department shall notify a 9 19 district department of the reasons for the override. 9 20 (2) It is the intent of the general assembly that as a 9 21 condition of receiving the appropriation provided in this 9 22 paragraph, the department of corrections shall not, except as 9 23 otherwise provided in subparagraph (3), enter into a new 9 24 contract, unless the contract is a renewal of an existing 9 25 contract, for the expenditure of moneys in excess of $100,000 9 26 during the fiscal year beginning July 1, 2003, for the 9 27 privatization of services performed by the department using 9 28 state employees as of July 1, 2003, or for the privatization 9 29 of new services by the department, without prior consultation 9 30 with any applicable state employee organization affected by 9 31 the proposed new contract and prior notification of the 9 32 cochairpersons and ranking members of the joint appropriations 9 33 subcommittee on the justice system. 9 34 (3) It is the intent of the general assembly that each 9 35 lease negotiated by the department of corrections with a 10 1 private corporation for the purpose of providing private 10 2 industry employment of inmates in a correctional institution 10 3 shall prohibit the private corporation from utilizing inmate 10 4 labor for partisan political purposes for any person seeking 10 5 election to public office in this state and that a violation 10 6 of this requirement shall result in a termination of the lease 10 7 agreement. 10 8 (4) It is the intent of the general assembly that as a 10 9 condition of receiving the appropriation provided in this 10 10 paragraph, the department of corrections shall not enter into 10 11 a lease or contractual agreement pursuant to section 904.809 10 12 with a private corporation for the use of building space for 10 13 the purpose of providing inmate employment without providing 10 14 that the terms of the lease or contract establish safeguards 10 15 to restrict, to the greatest extent feasible, access by 10 16 inmates working for the private corporation to personal 10 17 identifying information of citizens. 10 18 b. For educational programs for inmates at state penal 10 19 institutions: 10 20 .................................................. $ 1,000,000 10 21 It is the intent of the general assembly that moneys 10 22 appropriated in this paragraph shall be used solely for the 10 23 purpose indicated and that the moneys shall not be transferred 10 24 for any other purpose. In addition, it is the intent of the 10 25 general assembly that the department shall consult with the 10 26 community colleges in the areas in which the institutions are 10 27 located to utilize moneys appropriated in this subsection to 10 28 fund the high school completion, high school equivalency 10 29 diploma, adult literacy, and adult basic education programs in 10 30 a manner so as to maintain these programs at the institutions. 10 31 To maximize the funding for educational programs, the 10 32 department shall establish guidelines and procedures to 10 33 prioritize the availability of educational and vocational 10 34 training for inmates based upon the goal of facilitating an 10 35 inmate's successful release from the correctional institution. 11 1 The director of the department of corrections may transfer 11 2 moneys from Iowa prison industries for use in educational 11 3 programs for inmates. 11 4 Notwithstanding section 8.33, moneys appropriated in this 11 5 paragraph that remain unobligated or unexpended at the close 11 6 of the fiscal year shall not revert but shall remain available 11 7 for expenditure only for the purpose designated in this 11 8 paragraph until the close of the succeeding fiscal year. 11 9 c. For the development of the Iowa corrections offender 11 10 network (ICON) data system: 11 11 .................................................. $ 427,700 11 12 2. The department of corrections shall submit a report to 11 13 the cochairpersons and ranking members of the joint 11 14 appropriations subcommittee on the justice system and the 11 15 legislative fiscal bureau, on or before January 15, 2004, 11 16 concerning the development and implementation of the Iowa 11 17 corrections offender network (ICON) data system. 11 18 3. It is the intent of the general assembly that the 11 19 department of corrections shall continue to operate the 11 20 correctional farms under the control of the department at the 11 21 same or greater level of participation and involvement as 11 22 existed as of January 1, 2003, shall not enter into any rental 11 23 agreement or contract concerning any farmland under the 11 24 control of the department that is not subject to a rental 11 25 agreement or contract as of January 1, 2003, without prior 11 26 legislative approval, and shall further attempt to provide job 11 27 opportunities at the farms for inmates. The department shall 11 28 attempt to provide job opportunities at the farms for inmates 11 29 by encouraging labor-intensive farming or gardening where 11 30 appropriate, using inmates to grow produce and meat for 11 31 institutional consumption, researching the possibility of 11 32 instituting food canning and cook-and-chill operations, and 11 33 exploring opportunities for organic farming and gardening, 11 34 livestock ventures, horticulture, and specialized crops. 11 35 4. The department shall work to increase produce gardening 12 1 by inmates under the control of the correctional institutions, 12 2 and, if appropriate, may use the central distribution network 12 3 at the Woodward state resource center. The department shall 12 4 file a report with the cochairpersons and ranking members of 12 5 the joint appropriations subcommittee on the justice system by 12 6 December 1, 2003, regarding the feasibility of expanding the 12 7 number of acres devoted to organic gardening and to the 12 8 growing of organic produce for sale. 12 9 5. The department of corrections shall submit a report to 12 10 the general assembly by January 1, 2004, concerning moneys 12 11 recouped from inmate earnings for the reimbursement of 12 12 operational expenses of the applicable facility during the 12 13 fiscal year beginning July 1, 2002, for each correctional 12 14 institution and judicial district department of correctional 12 15 services. In addition, each correctional institution and 12 16 judicial district department of correctional services shall 12 17 continue to submit a report to the legislative fiscal bureau 12 18 on a monthly basis concerning moneys recouped from inmate 12 19 earnings pursuant to sections 904.702, 904.809, and 905.14. 12 20 6. The department of corrections, in cooperation with the 12 21 judicial district departments of correctional services, shall 12 22 develop an agency strategic plan as required by section 12 23 8E.204. The plan shall consist of outcome measures for all 12 24 treatment programs, including but not limited to successful 12 25 completion and return rates, and cost per offender treated. 12 26 The plan shall also include a brief description for each 12 27 program offered within each judicial district department, the 12 28 goals for each program, the program capacity, and the funding 12 29 source of the program. The plan shall further include the 12 30 level and sublevel classifications for each program on the 12 31 corrections continuum in Code chapter 901B. The department 12 32 and the judicial district departments of correctional services 12 33 shall file a report by December 15, 2003, with the 12 34 cochairpersons and ranking members of the joint appropriations 12 35 subcommittee on the justice system, and to the legislative 13 1 fiscal bureau, detailing the agency strategic plan. 13 2 7. Notwithstanding the number of full-time equivalent 13 3 positions authorized for the department of corrections, the 13 4 department may employ more than the number of full-time 13 5 equivalent positions as necessary to alleviate staff shortages 13 6 caused by members of the Iowa national guard or armed forces 13 7 reserve units being called up for active duty. 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, 2003, and ending June 30, 2004, 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 .................................................. $ 9,282,883 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 .................................................. $ 7,288,784 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 .................................................. $ 4,232,132 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 .................................................. $ 3,998,773 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 .................................................. $ 12,129,142 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 .................................................. $ 9,293,841 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 .................................................. $ 5,231,406 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 .................................................. $ 5,280,849 14 28 2. Each judicial district department of correctional 14 29 services, within the funding available, shall continue 14 30 programs and plans established within that district to provide 14 31 for intensive supervision, sex offender treatment, diversion 14 32 of low-risk offenders to the least restrictive sanction 14 33 available, job development, and expanded use of intermediate 14 34 criminal sanctions. 14 35 3. Each judicial district department of correctional 15 1 services shall provide alternatives to prison consistent with 15 2 chapter 901B. The alternatives to prison shall ensure public 15 3 safety while providing maximum rehabilitation to the offender. 15 4 A judicial district department may also establish a day 15 5 program. 15 6 4. The governor's office of drug control policy shall 15 7 consider federal grants made to the department of corrections 15 8 for the benefit of each of the eight judicial district 15 9 departments of correctional services as local government 15 10 grants, as defined pursuant to federal regulations. 15 11 5. In addition to the requirements of section 8.39, the 15 12 department of corrections shall not make an intradepartmental 15 13 transfer of moneys appropriated to the department, unless 15 14 notice of the intradepartmental transfer is given prior to its 15 15 effective date to the legislative fiscal bureau. The notice 15 16 shall include information on the department's rationale for 15 17 making the transfer and details concerning the work load and 15 18 performance measures upon which the transfers are based. 15 19 Sec. 7. INTENT – REPORTS. 15 20 1. It is the intent of the general assembly that each 15 21 correctional facility make all reasonable efforts to maintain 15 22 vocational education programs for inmates during the fiscal 15 23 year beginning July 1, 2003, and to identify available funding 15 24 sources to continue these programs. The department of 15 25 corrections shall submit a report to the general assembly by 15 26 January 1, 2004, concerning the efforts made by each 15 27 correctional facility in maintaining vocational education 15 28 programs for inmates. 15 29 2. The department of corrections shall submit a report on 15 30 inmate labor to the general assembly, the cochairpersons, and 15 31 the ranking members of the joint appropriations subcommittee 15 32 on the justice system, and to the legislative fiscal bureau by 15 33 January 15, 2004. The report shall specifically address the 15 34 progress the department has made in implementing the 15 35 requirements of section 904.701, inmate labor on capital 16 1 improvement projects, community work crews, inmate produce 16 2 gardening, and private-sector employment. 16 3 3. Each month the department shall provide a status report 16 4 regarding private-sector employment to the legislative fiscal 16 5 bureau beginning on July 1, 2003. The report shall include 16 6 the number of offenders employed in the private sector, the 16 7 combined number of hours worked by the offenders, and the 16 8 total amount of allowances, and the distribution of allowances 16 9 pursuant to section 904.702, including any moneys deposited in 16 10 the general fund of the state. 16 11 Sec. 8. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 16 12 1. As used in this section, unless the context otherwise 16 13 requires, "state agency" means the government of the state of 16 14 Iowa, including but not limited to all executive branch 16 15 departments, agencies, boards, bureaus, and commissions, the 16 16 judicial branch, the general assembly and all legislative 16 17 agencies, institutions within the purview of the state board 16 18 of regents, and any corporation whose primary function is to 16 19 act as an instrumentality of the state. 16 20 2. State agencies are hereby encouraged to purchase 16 21 products from Iowa state industries, as defined in section 16 22 904.802, when purchases are required and the products are 16 23 available from Iowa state industries. State agencies shall 16 24 obtain bids from Iowa state industries for purchases of office 16 25 furniture exceeding $5,000 or in accordance with applicable 16 26 administrative rules related to purchases for the agency. 16 27 Sec. 9. STATE PUBLIC DEFENDER. There is appropriated from 16 28 the general fund of the state to the office of the state 16 29 public defender of the department of inspections and appeals 16 30 for the fiscal year beginning July 1, 2003, and ending June 16 31 30, 2004, the following amounts, or so much thereof as is 16 32 necessary, to be allocated as follows for the purposes 16 33 designated: 16 34 1. For salaries, support, maintenance, and miscellaneous 16 35 purposes, and for not more than the following full-time 17 1 equivalent positions: 17 2 .................................................. $ 16,330,999 17 3 ............................................... FTEs 202.00 17 4 2. For the fees of court-appointed attorneys for indigent 17 5 adults and juveniles, in accordance with section 232.141 and 17 6 chapter 815: 17 7 .................................................. $ 19,851,587 17 8 The office of the state public defender may reallocate the 17 9 moneys appropriated in this section if the legislative fiscal 17 10 bureau and the department of management are notified prior to 17 11 the reallocation. 17 12 The state public defender's office shall, in consultation 17 13 with the indigent defense advisory commission, the judicial 17 14 branch, the Iowa state bar association, and other interested 17 15 parties, file a report detailing how efficiency and cost 17 16 savings measures can be achieved within the state public 17 17 defender's office. The report shall be filed with the general 17 18 assembly by December 15, 2003. The report shall include a 17 19 review of the federal guidelines for appointing an attorney 17 20 for an indigent defendant in federal court, make 17 21 recommendations for changes to the definition of "indigent" 17 22 for the purposes of appointing an attorney in state court, 17 23 make recommendations on methods which can be used for 17 24 recouping delinquent indigent defense fees, court costs, 17 25 surcharges, fines, and other fees, and detail the office's 17 26 cost containment efforts, and measurements of performance and 17 27 performance-based budgeting. 17 28 Sec. 10. IOWA LAW ENFORCEMENT ACADEMY. 17 29 1. There is appropriated from the general fund of the 17 30 state to the Iowa law enforcement academy for the fiscal year 17 31 beginning July 1, 2003, and ending June 30, 2004, the 17 32 following amount, or so much thereof as is necessary, to be 17 33 used for the purposes designated: 17 34 For salaries, support, maintenance, miscellaneous purposes, 17 35 including jailer training and technical assistance, and for 18 1 not more than the following full-time equivalent positions: 18 2 .................................................. $ 1,002,629 18 3 ............................................... FTEs 30.05 18 4 It is the intent of the general assembly that the Iowa law 18 5 enforcement academy may provide training of state and local 18 6 law enforcement personnel concerning the recognition of and 18 7 response to persons with Alzheimer's disease. 18 8 2. The Iowa law enforcement academy may select at least 18 9 five automobiles of the department of public safety, division 18 10 of the Iowa state patrol, prior to turning over the 18 11 automobiles to the state fleet administrator to be disposed of 18 12 by public auction and the Iowa law enforcement academy may 18 13 exchange any automobile owned by the academy for each 18 14 automobile selected if the selected automobile is used in 18 15 training law enforcement officers at the academy. However, 18 16 any automobile exchanged by the academy shall be substituted 18 17 for the selected vehicle of the department of public safety 18 18 and sold by public auction with the receipts being deposited 18 19 in the depreciation fund to the credit of the department of 18 20 public safety, division of the Iowa state patrol. 18 21 Sec. 11. BOARD OF PAROLE. There is appropriated from the 18 22 general fund of the state to the board of parole for the 18 23 fiscal year beginning July 1, 2003, and ending June 30, 2004, 18 24 the following amount, or so much thereof as is necessary, to 18 25 be used for the purposes designated: 18 26 For salaries, support, maintenance, miscellaneous purposes, 18 27 and for not more than the following full-time equivalent 18 28 positions: 18 29 .................................................. $ 1,015,780 18 30 ............................................... FTEs 16.50 18 31 The board of parole shall make recommendations regarding 18 32 options to improve the criminal justice system which shall 18 33 ensure public safety while providing maximum rehabilitation to 18 34 the offender. The board shall file a report detailing the 18 35 recommendations with the cochairpersons and ranking members of 19 1 the joint appropriations subcommittee on the justice system by 19 2 December 15, 2003. 19 3 Sec. 12. DEPARTMENT OF PUBLIC DEFENSE. There is 19 4 appropriated from the general fund of the state to the 19 5 department of public defense for the fiscal year beginning 19 6 July 1, 2003, and ending June 30, 2004, the following amounts, 19 7 or so much thereof as is necessary, to be used for the 19 8 purposes designated: 19 9 1. MILITARY DIVISION 19 10 For salaries, support, maintenance, miscellaneous purposes, 19 11 and for not more than the following full-time equivalent 19 12 positions: 19 13 .................................................. $ 5,081,502 19 14 ............................................... FTEs 298.00 19 15 If there is a surplus in the general fund of the state for 19 16 the fiscal year ending June 30, 2004, within 60 days after the 19 17 close of the fiscal year, the military division may incur up 19 18 to an additional $500,000 in expenditures from the surplus 19 19 prior to transfer of the surplus pursuant to section 8.57. 19 20 2. EMERGENCY MANAGEMENT DIVISION 19 21 For salaries, support, maintenance, miscellaneous purposes, 19 22 and for not more than the following full-time equivalent 19 23 positions: 19 24 .................................................. $ 1,060,492 19 25 ............................................... FTEs 25.25 19 26 Sec. 13. IOWA COMMUNICATIONS NETWORK OPERATIONS. 19 27 1. There is appropriated from the general fund of the 19 28 state to the Iowa telecommunications and technology commission 19 29 for the fiscal year beginning July 1, 2003, and ending June 19 30 30, 2004, the following amount, or so much thereof as is 19 31 necessary, to be used for the purposes designated in this 19 32 subsection: 19 33 For operations of the network consistent with chapter 8D 19 34 and for the following full-time equivalent positions: 19 35 .................................................. $ 500,000 20 1 ............................................... FTEs 105.10 20 2 2. Notwithstanding section 8.33 or 8.39, moneys 20 3 appropriated in this section which remain unobligated or 20 4 unexpended at the close of the fiscal year shall not revert 20 5 but shall remain available for the purposes designated in the 20 6 succeeding fiscal year, and shall not be transferred to any 20 7 other program. 20 8 3. It is the intent of the general assembly that the Iowa 20 9 telecommunications and technology commission annually review 20 10 the hourly rates established, as provided in section 8D.3, 20 11 subsection 3, paragraph "i". Such rates shall be established 20 12 in a manner to minimize any subsidy provided through state 20 13 general fund appropriations. 20 14 Sec. 14. DEPARTMENT OF PUBLIC SAFETY. There is 20 15 appropriated from the general fund of the state to the 20 16 department of public safety for the fiscal year beginning July 20 17 1, 2003, and ending June 30, 2004, the following amounts, or 20 18 so much thereof as is necessary, to be used for the purposes 20 19 designated: 20 20 1. For the department's administrative functions, 20 21 including the criminal justice information system, and for not 20 22 more than the following full-time equivalent positions: 20 23 .................................................. $ 2,377,580 20 24 ............................................... FTEs 38.50 20 25 The department shall study the security needs for the state 20 26 criminalistics laboratory, the state hygienic laboratory, the 20 27 department of agriculture and land stewardship laboratory, and 20 28 the state medical examiner's office located on the Des Moines 20 29 area community college's campus in Ankeny. The department 20 30 shall file a report detailing the results of the department's 20 31 study with the general assembly by December 15, 2003. 20 32 2. For the division of criminal investigation and bureau 20 33 of identification including the state's contribution to the 20 34 peace officers' retirement, accident, and disability system 20 35 provided in chapter 97A in the amount of 17 percent of the 21 1 salaries for which the funds are appropriated, to meet federal 21 2 fund matching requirements, and for not more than the 21 3 following full-time equivalent positions: 21 4 .................................................. $ 12,863,855 21 5 ............................................... FTEs 230.50 21 6 The department of public safety, with the approval of the 21 7 department of management, may employ no more than two special 21 8 agents and four gaming enforcement officers for each 21 9 additional riverboat regulated after July 1, 2003, and one 21 10 special agent for each racing facility which becomes 21 11 operational during the fiscal year which begins July 1, 2003. 21 12 One additional gaming enforcement officer, up to a total of 21 13 four per boat, may be employed for each riverboat that has 21 14 extended operations to 24 hours and has not previously 21 15 operated with a 24-hour schedule. Positions authorized in 21 16 this paragraph are in addition to the full-time equivalent 21 17 positions otherwise authorized in this subsection. 21 18 3. a. For the division of narcotics enforcement, 21 19 including the state's contribution to the peace officers' 21 20 retirement, accident, and disability system provided in 21 21 chapter 97A in the amount of 17 percent of the salaries for 21 22 which the funds are appropriated, to meet federal fund 21 23 matching requirements, and for not more than the following 21 24 full-time equivalent positions: 21 25 .................................................. $ 3,608,471 21 26 ............................................... FTEs 61.00 21 27 b. For the division of narcotics enforcement for 21 28 undercover purchases: 21 29 .................................................. $ 123,343 21 30 4. a. For the state fire marshal's office, including the 21 31 state's contribution to the peace officers' retirement, 21 32 accident, and disability system provided in chapter 97A in the 21 33 amount of 17 percent of the salaries for which the funds are 21 34 appropriated, and for not more than the following full-time 21 35 equivalent positions: 22 1 .................................................. $ 1,818,352 22 2 ............................................... FTEs 40.00 22 3 b. For the state fire marshal's office, for fire 22 4 protection services as provided through the state fire service 22 5 and emergency response council as created in the department, 22 6 and for not more than the following full-time equivalent 22 7 positions: 22 8 .................................................. $ 595,619 22 9 ............................................... FTEs 12.00 22 10 5. a. For the division of the Iowa state patrol of the 22 11 department of public safety, for salaries, support, 22 12 maintenance, workers' compensation costs, and miscellaneous 22 13 purposes, including the state's contribution to the peace 22 14 officers' retirement, accident, and disability system provided 22 15 in chapter 97A in the amount of 17 percent of the salaries for 22 16 which the funds are appropriated, and for not more than the 22 17 following full-time equivalent positions: 22 18 .................................................. $ 37,339,586 22 19 ............................................... FTEs 544.00 22 20 b. District 16, including the state's contribution to the 22 21 peace officers' retirement, accident, and disability system 22 22 provided in chapter 97A in the amount of 17 percent of the 22 23 salaries for which the funds are appropriated and for not more 22 24 than the following full-time equivalent positions: 22 25 .................................................. $ 1,210,075 22 26 ............................................... FTEs 26.00 22 27 6. For deposit in the public safety law enforcement sick 22 28 leave benefits fund established under section 80.42, for all 22 29 departmental employees eligible to receive benefits for 22 30 accrued sick leave under the collective bargaining agreement: 22 31 .................................................. $ 216,104 22 32 7. An employee of the department of public safety who 22 33 retires after July 1, 2003, but prior to June 30, 2004, is 22 34 eligible for payment of life or health insurance premiums as 22 35 provided for in the collective bargaining agreement covering 23 1 the public safety bargaining unit at the time of retirement if 23 2 that employee previously served in a position which would have 23 3 been covered by the agreement. The employee shall be given 23 4 credit for the service in that prior position as though it 23 5 were covered by that agreement. The provisions of this 23 6 subsection shall not operate to reduce any retirement benefits 23 7 an employee may have earned under other collective bargaining 23 8 agreements or retirement programs. 23 9 8. For costs associated with the training and equipment 23 10 needs of volunteer fire fighters and for not more than the 23 11 following full-time equivalent position: 23 12 .................................................. $ 544,587 23 13 ............................................... FTEs 1.00 23 14 Notwithstanding section 8.33, moneys appropriated in this 23 15 subsection that remain unobligated or unexpended at the close 23 16 of the fiscal year shall not revert but shall remain available 23 17 for expenditure only for the purpose designated in this 23 18 subsection until the close of the succeeding fiscal year. 23 19 Sec. 15. CIVIL RIGHTS COMMISSION. There is appropriated 23 20 from the general fund of the state to the Iowa state civil 23 21 rights commission for the fiscal year beginning July 1, 2003, 23 22 and ending June 30, 2004, the following amount, or so much 23 23 thereof as is necessary, to be used for the purposes 23 24 designated: 23 25 For salaries, support, maintenance, miscellaneous purposes, 23 26 and for not more than the following full-time equivalent 23 27 positions: 23 28 .................................................. $ 806,894 23 29 ............................................... FTEs 28.00 23 30 If the anticipated amount of federal funding from the 23 31 federal equal employment opportunity commission and the 23 32 federal department of housing and urban development exceeds 23 33 $1,144,875 during the fiscal year beginning July 1, 2003, the 23 34 Iowa state civil rights commission may exceed the staffing 23 35 level authorized in this section to hire additional staff to 24 1 process or to support the processing of employment and housing 24 2 complaints during that fiscal year. 24 3 The Iowa state civil rights commission may enter into a 24 4 contract with a nonprofit organization to provide legal 24 5 assistance to resolve civil rights complaints. 24 6 Sec. 16. Section 100B.9, unnumbered paragraph 1, Code 24 7 2003, is amended to read as follows: 24 8 The building known as the fire service institute at Iowa 24 9 state university, the land upon which the building is located, 24 10 and parking space associated with the building shall, until 24 11 July 1,20032010, be leased by Iowa state university to the 24 12 department of public safety at a cost not to exceed the actual 24 13 cost of heating, lighting, and maintaining the building and 24 14 parking space.In the event the department of public safety24 15locates suitable facilities prior to that time, the lease may24 16be terminated at the option of the department.All equipment 24 17 owned by Iowa state university and used exclusively to conduct 24 18 fire service training, classes, or business shall transfer on 24 19 July 1, 2000, to the department of public safety unless such 24 20 transfer is prohibited or restricted by law or agreement. 24 21 This equipment includes, but is not limited to, breathing 24 22 apparatus, fire suppression gear, mobile equipment, office 24 23 furniture, computers, copying machines, library, file 24 24 cabinets, and training records. 24 25 Sec. 17. 1998 Iowa Acts, chapter 1101, section 15, 24 26 subsection 2, as amended by 1999 Iowa Acts, chapter 202, 24 27 section 25, as amended by 2000 Iowa Acts, chapter 1229, 24 28 section 25, as amended by 2001 Iowa Acts, chapter 186, section 24 29 21, and as amended by 2002 Iowa Acts, Second Extraordinary 24 30 Session, chapter 1003, section 170, is amended to read as 24 31 follows: 24 32 2. a. There is appropriated from surcharge moneys 24 33 received by the E911 administrator and deposited into the 24 34 wireless E911 emergency communications fund, for each fiscal 24 35 year in the fiscal period beginning July 1, 1998, and ending 25 1 June 30,20032004, an amount not to exceed two hundred 25 2 thousand dollars to be used for the implementation, support, 25 3 and maintenance of the functions of the E911 administrator. 25 4 The amount appropriated in this paragraph includes any amounts 25 5 necessary to reimburse the division of emergency management of 25 6 the department of public defense pursuant to paragraph "b". 25 7 b. Notwithstanding the distribution formula in section 25 8 34A.7A, as enacted in this Act, and prior to any such 25 9 distribution, of the initial surcharge moneys received by the 25 10 E911 administrator and deposited into the wireless E911 25 11 emergency communications fund, for each fiscal year in the 25 12 fiscal period beginning July 1, 1998, and ending June 30,200325 13 2004, an amount is appropriated to the division of emergency 25 14 management of the department of public defense as necessary to 25 15 reimburse the division for amounts expended for the 25 16 implementation, support, and maintenance of the E911 25 17 administrator, including the E911 administrator's salary. 25 18 Sec. 18. POSTING OF REPORTS IN ELECTRONIC FORMAT – 25 19 LEGISLATIVE FISCAL BUREAU. All reports or copies of reports 25 20 required to be provided in this Act for fiscal year 2003-2004 25 21 to the legislative fiscal bureau shall be provided in an 25 22 electronic format. The legislative fiscal bureau shall post 25 23 the reports on its internet site and shall notify by 25 24 electronic means all the members of the joint appropriations 25 25 subcommittee on the justice system when a report is posted. 25 26 Upon request, copies of the reports may be mailed to members 25 27 of the joint appropriations subcommittee on the justice 25 28 system. 25 29 Sec. 19. EFFECTIVE DATE. The section of this Act amending 25 30 1998 Iowa Acts, chapter 1101, being deemed of immediate 25 31 importance, takes effect upon enactment. 25 32 25 33 25 34 25 35 MARY E. KRAMER 26 1 President of the Senate 26 2 26 3 26 4 26 5 CHRISTOPHER C. RANTS 26 6 Speaker of the House 26 7 26 8 I hereby certify that this bill originated in the Senate and 26 9 is known as Senate File 439, Eightieth General Assembly. 26 10 26 11 26 12 26 13 MICHAEL E. MARSHALL 26 14 Secretary of the Senate 26 15 Approved , 2003 26 16 26 17 26 18 26 19 THOMAS J. VILSACK 26 20 Governor
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