Senate Amendment 5358
PAG LIN
1 1 Amend House File 2531, as amended, passed, and
1 2 reprinted by the House, as follows:
1 3 #1. Page 46, after line 5 by inserting:
1 4 <DIVISION ___
1 5 PUBLIC SAFETY ADVISORY BOARD
1 6 Sec. ___. DEPARTMENT OF HUMAN RIGHTS == DIVISION
1 7 OF CRIMINAL AND JUVENILE JUSTICE PLANNING. There is
1 8 appropriated from the Iowa comprehensive petroleum
1 9 underground storage tank fund established in section
1 10 455G.3 to the department of human rights for the
1 11 fiscal year beginning July 1, 2010, and ending June
1 12 30, 2011, the following amount, or so much thereof as
1 13 is necessary, to be used for the purposes designated,
1 14 notwithstanding section 455G.3, subsection 1:
1 15 For the division of criminal and juvenile justice
1 16 planning, including salaries, support, maintenance,
1 17 miscellaneous purposes, and for not more than the
1 18 following full=time equivalent positions for the public
1 19 safety advisory board established in section 216A.133A:
1 20 .................................................. $ 140,000
1 21 ............................................... FTEs 2.00
1 22 Sec. ___. Section 216A.131, Code 2009, is amended
1 23 by adding the following new subsection:
1 24 NEW SUBSECTION. 1A. "Board" means the public
1 25 safety advisory board.
1 26 Sec. ___. Section 216A.132, Code 2009, is amended
1 27 to read as follows:
1 28 216A.132 Council established == terms ==
1 29 compensation.
1 30 1. A criminal and juvenile justice planning
1 31 advisory council is established consisting of
1 32 twenty=three members.
1 33 a. The governor shall appoint seven members each
1 34 for a four=year term beginning and ending as provided
1 35 in section 69.19 and subject to confirmation by the
1 36 senate as follows:
1 37 (1) Three persons, each of whom is a county
1 38 supervisor, county sheriff, mayor, city chief of
1 39 police, or county attorney nonsupervisory police
1 40 officer, or a chief of police of a department with less
1 41 than eleven police officers.
1 42 (2) Two persons who represent the general public
1 43 and are not employed in any law enforcement, judicial,
1 44 or corrections capacity.
1 45 (3) (2) Two persons who are knowledgeable about
1 46 Iowa's juvenile justice system.
1 47 (3) One person who represents the general public
1 48 and is not employed in any law enforcement, judicial,
1 49 or corrections capacity.
1 50 (4) One person who is either a crime victim, or who
2 1 represents a crime victim organization.
2 2 b. The departments of human services, corrections,
2 3 and public safety, the division on the status of
2 4 African=Americans, the Iowa department of public
2 5 health, the chairperson of the board of parole, the
2 6 attorney general, the state public defender, and the
2 7 governor's office of drug control policy, and the chief
2 8 justice of the supreme court shall each designate a
2 9 person to serve on the council. The person appointed
2 10 by the Iowa department of public health shall be from
2 11 the departmental staff who administer the comprehensive
2 12 substance abuse program under chapter 125.
2 13 c. The chief justice of the supreme court shall
2 14 appoint two additional members currently serving
2 15 as district judges designate one member who is a
2 16 district judge and one member who is either a district
2 17 associate judge or associate juvenile judge. Two
2 18 members of the senate and two members of the house of
2 19 representatives shall be ex officio members and shall
2 20 be appointed by the majority and minority leaders
2 21 of the senate and the speaker and minority leader
2 22 of the house of representatives pursuant to section
2 23 69.16 and shall serve terms as provided in section
2 24 69.16B. The chairperson and ranking member of the
2 25 senate committee on judiciary shall be members. In
2 26 alternating four=year intervals, the chairperson and
2 27 ranking member of the house committee on judiciary
2 28 or of the house committee on public safety shall be
2 29 members, with the chairperson and ranking member of the
2 30 house committee on public safety serving during the
2 31 initial interval. Nonlegislative members appointed
2 32 pursuant to this paragraph shall serve for four=year
2 33 terms beginning and ending as provided in section 69.19
2 34 unless the member ceases to serve as a district court
2 35 judge.
2 36 d. The Iowa county attorneys association shall
2 37 designate a person to serve on the council.
2 38 2. Members of the council shall receive
2 39 reimbursement from the state for actual and necessary
2 40 expenses incurred in the performance of their official
2 41 duties. Members may also be eligible to receive
2 42 compensation as provided in section 7E.6.
2 43 Sec. ___. Section 216A.133, subsection 1, Code
2 44 2009, is amended to read as follows:
2 45 1. Identify issues and analyze the operation and
2 46 impact of present criminal and juvenile justice policy
2 47 and make recommendations for policy changes, including
2 48 recommendations pertaining to efforts to curtail
2 49 criminal gang activity.
2 50 Sec. ___. Section 216A.133, Code 2009, is amended
3 1 by adding the following new subsections:
3 2 NEW SUBSECTION. 8. Determine members of the public
3 3 safety advisory board pursuant to section 216A.133A.
3 4 NEW SUBSECTION. 9. Coordinate with the
3 5 administrator to develop and make recommendations to
3 6 the department director pursuant to section 216A.2.
3 7 NEW SUBSECTION. 10. Serve as a liaison between the
3 8 general public and the division.
3 9 NEW SUBSECTION. 11. Establish advisory committees
3 10 to study special issues.
3 11 Sec. ___. NEW SECTION. 216A.133A Public safety
3 12 advisory board ==
3 13 duties.
3 14 1. A public safety advisory board is established
3 15 whose membership shall be determined by the criminal
3 16 and juvenile justice planning advisory council and
3 17 shall consist of current members of the council. Any
3 18 actions taken by the board shall be considered separate
3 19 and distinct from the council.
3 20 2. The purpose of the board is to provide the
3 21 general assembly with an analysis of current and
3 22 proposed criminal code provisions.
3 23 3. The duties of the board shall consist of the
3 24 following:
3 25 a. Reviewing and making recommendations relating
3 26 to current sentencing provisions. In reviewing such
3 27 provisions the board shall consider the impact on all
3 28 of the following:
3 29 (1) Potential disparity in sentencing.
3 30 (2) Truth in sentencing.
3 31 (3) Victims.
3 32 (4) The proportionality of specific sentences.
3 33 (5) Sentencing procedures.
3 34 (6) Costs associated with the implementation
3 35 of criminal code provisions, including costs to
3 36 the judicial branch, department of corrections, and
3 37 judicial district departments of correctional services,
3 38 costs for representing indigent defendants, and costs
3 39 incurred by political subdivisions of the state.
3 40 (7) Best practices related to the department of
3 41 corrections including recidivism rates, safety and
3 42 efficient use of correctional staff, and compliance
3 43 with correctional standards set by the federal
3 44 government and other jurisdictions.
3 45 (8) Best practices related to the Iowa child death
3 46 review team established in section 135.43 and the Iowa
3 47 domestic abuse death review team established in section
3 48 135.109.
3 49 b. Reviewing and making recommendations relating to
3 50 proposed legislation, in accordance with paragraph "a",
4 1 as set by rule by the general assembly or as requested
4 2 by the executive or judicial branch proposing such
4 3 legislation.
4 4 c. Providing expertise and advice to the
4 5 legislative services agency, the department of
4 6 corrections, the judicial branch, and others charged
4 7 with formulating fiscal, correctional, or minority
4 8 impact statements.
4 9 d. Reviewing data supplied by the division, the
4 10 department of management, the legislative services
4 11 agency, the Iowa supreme court, and other departments
4 12 or agencies for the purpose of determining the
4 13 effectiveness and efficiency of the collection of such
4 14 data.
4 15 4. The board may call upon any department, agency,
4 16 or office of the state, or any political subdivision
4 17 of the state, for information or assistance as needed
4 18 in the performance of its duties. The information or
4 19 assistance shall be furnished to the extent that it is
4 20 within the resources and authority of the department,
4 21 agency, office, or political subdivision. This section
4 22 does not require the production or opening of any
4 23 records which are required by law to be kept private
4 24 or confidential.
4 25 5. The board shall report to the legislative
4 26 government oversight committee all sources of funding
4 27 by December 1 of each year.
4 28 6. Membership on the board shall be bipartisan
4 29 as provided in section 69.16 and gender balanced as
4 30 provided in section 69.16A.
4 31 7. Meetings of the board shall be open to the
4 32 public as provided in chapter 21.
4 33 8. Members of the board shall receive reimbursement
4 34 from the state for actual and necessary expenses
4 35 incurred in the performance of their official duties.
4 36 Members may also be eligible to receive compensation as
4 37 provided in section 7E.6.
4 38 Sec. ___. Section 216A.135, unnumbered paragraph 1,
4 39 Code 2009, is amended to read as follows:
4 40 Beginning in 1989, and every five years thereafter,
4 41 the division shall develop a twenty=year criminal
4 42 and juvenile justice plan for the state which shall
4 43 include ten=year, fifteen=year, and twenty=year
4 44 goals and a comprehensive five=year plan for criminal
4 45 and juvenile justice programs. The five=year plan
4 46 shall be updated annually and each twenty=year plan
4 47 and annual updates of the five=year plan shall be
4 48 submitted to the governor and the general assembly by
4 49 February December 1.
4 50 Sec. ___. APPOINTMENTS TO CRIMINAL AND JUVENILE
5 1 JUSTICE PLANNING ADVISORY COUNCIL. The applicable
5 2 provisions of chapter 69 shall apply to vacant
5 3 positions on the criminal and juvenile justice planning
5 4 advisory council occurring on or after July 1, 2010.>
KEITH A. KREIMAN
HF2531.2855 (3) 83
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