Senate File 510 H-1558 Amend Senate File 510, as passed by the Senate, as 1 follows: 2 1. By striking everything after the enacting clause 3 and inserting: 4 < DIVISION I 5 FY 2011-2012 6 Section 1. DEPARTMENT OF JUSTICE. 7 1. There is appropriated from the general fund 8 of the state to the department of justice for the 9 fiscal year beginning July 1, 2011, and ending June 30, 10 2012, the following amounts, or so much thereof as is 11 necessary, to be used for the purposes designated: 12 a. For the general office of attorney general for 13 salaries, support, maintenance, and miscellaneous 14 purposes, including the prosecuting attorneys training 15 program, matching funds for federal violence against 16 women grant programs, victim assistance grants, office 17 of drug control policy prosecuting attorney program, 18 and odometer fraud enforcement, and for not more than 19 the following full-time equivalent positions: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,292,930 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 212.00 22 It is the intent of the general assembly that as 23 a condition of receiving the appropriation provided 24 in this lettered paragraph, the department of justice 25 shall maintain a record of the estimated time incurred 26 representing each agency or department. 27 b. For victim assistance grants: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,876,400 29 The funds appropriated in this lettered paragraph 30 shall be used to provide grants to care providers 31 providing services to crime victims of domestic abuse 32 or to crime victims of rape and sexual assault. 33 The balance of the victim compensation fund 34 established in section 915.94 may be used to provide 35 salary and support of not more than 24 FTEs and 36 to provide maintenance for the victim compensation 37 functions of the department of justice. 38 The department of justice may transfer moneys from 39 the victim compensation fund established in section 40 915.94 to the victim assistance grant program. 41 c. For legal services for persons in poverty grants 42 as provided in section 13.34: 43 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 44 2. a. The department of justice, in submitting 45 budget estimates for the fiscal year commencing July 46 1, 2012, pursuant to section 8.23, shall include a 47 report of funding from sources other than amounts 48 appropriated directly from the general fund of the 49 state to the department of justice or to the office of 50 -1- SF510.2265 (1) 84 jm/jp 1/ 28 #1.
consumer advocate. These funding sources shall include 1 but are not limited to reimbursements from other state 2 agencies, commissions, boards, or similar entities, and 3 reimbursements from special funds or internal accounts 4 within the department of justice. The department of 5 justice shall also report actual reimbursements for the 6 fiscal year commencing July 1, 2010, and actual and 7 expected reimbursements for the fiscal year commencing 8 July 1, 2011. 9 b. The department of justice shall include the 10 report required under paragraph “a”, as well as 11 information regarding any revisions occurring as a 12 result of reimbursements actually received or expected 13 at a later date, in a report to the co-chairpersons 14 and ranking members of the joint appropriations 15 subcommittee on the justice system and the legislative 16 services agency. The department of justice shall 17 submit the report on or before January 15, 2012. 18 Sec. 2. OFFICE OF CONSUMER ADVOCATE. There is 19 appropriated from the department of commerce revolving 20 fund created in section 546.12 to the office of 21 consumer advocate of the department of justice for the 22 fiscal year beginning July 1, 2011, and ending June 30, 23 2012, the following amount, or so much thereof as is 24 necessary, to be used for the purposes designated: 25 For salaries, support, maintenance, miscellaneous 26 purposes, and for not more than the following full-time 27 equivalent positions: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,136,163 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 22.00 30 Sec. 3. DEPARTMENT OF CORRECTIONS —— FACILITIES. 31 1. There is appropriated from the general fund of 32 the state to the department of corrections for the 33 fiscal year beginning July 1, 2011, and ending June 34 30, 2012, the following amounts, or so much thereof as 35 is necessary, to be used for the operation of adult 36 correctional institutions, reimbursement of counties 37 for certain confinement costs, and federal prison 38 reimbursement, to be allocated as follows: 39 a. For the operation of the Fort Madison 40 correctional facility, including salaries, support, 41 maintenance, and miscellaneous purposes: 42 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 41,031,283 43 b. For the operation of the Anamosa correctional 44 facility, including salaries, support, maintenance, and 45 miscellaneous purposes: 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,985,974 47 c. For the operation of the Oakdale correctional 48 facility, including salaries, support, maintenance, and 49 miscellaneous purposes: 50 -2- SF510.2265 (1) 84 jm/jp 2/ 28
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 54,374,426 1 d. For the operation of the Newton correctional 2 facility, including salaries, support, maintenance, and 3 miscellaneous purposes: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,958,757 5 e. For the operation of the Mt. Pleasant 6 correctional facility, including salaries, support, 7 maintenance, and miscellaneous purposes: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,917,815 9 f. For the operation of the Rockwell City 10 correctional facility, including salaries, support, 11 maintenance, and miscellaneous purposes: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,316,466 13 g. For the operation of the Clarinda correctional 14 facility, including salaries, support, maintenance, and 15 miscellaneous purposes: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,639,518 17 Moneys received by the department of corrections as 18 reimbursement for services provided to the Clarinda 19 youth corporation are appropriated to the department 20 and shall be used for the purpose of operating the 21 Clarinda correctional facility. 22 h. For the operation of the Mitchellville 23 correctional facility, including salaries, support, 24 maintenance, and miscellaneous purposes: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,615,374 26 i. For the operation of the Fort Dodge correctional 27 facility, including salaries, support, maintenance, and 28 miscellaneous purposes: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,062,235 30 j. For reimbursement of counties for temporary 31 confinement of work release and parole violators, as 32 provided in sections 901.7, 904.908, and 906.17, and 33 for offenders confined pursuant to section 904.513: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 775,092 35 k. For federal prison reimbursement, reimbursements 36 for out-of-state placements, and miscellaneous 37 contracts: 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 239,411 39 2. The department of corrections shall use moneys 40 appropriated in subsection 1 to continue to contract 41 for the services of a Muslim imam and a Native American 42 spiritual leader. 43 Sec. 4. DEPARTMENT OF CORRECTIONS —— 44 ADMINISTRATION. There is appropriated from the general 45 fund of the state to the department of corrections for 46 the fiscal year beginning July 1, 2011, and ending June 47 30, 2012, the following amounts, or so much thereof as 48 is necessary, to be used for the purposes designated: 49 1. For general administration, including salaries, 50 -3- SF510.2265 (1) 84 jm/jp 3/ 28
support, maintenance, employment of an education 1 director to administer a centralized education 2 program for the correctional system, and miscellaneous 3 purposes: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,835,542 5 a. It is the intent of the general assembly 6 that as a condition of receiving the appropriation 7 provided in this lettered paragraph the department of 8 corrections shall not, except as otherwise provided 9 in paragraph “c”, enter into a new contract, unless 10 the contract is a renewal of an existing contract, 11 for the expenditure of moneys in excess of $100,000 12 during the fiscal year beginning July 1, 2011, for the 13 privatization of services performed by the department 14 using state employees as of July 1, 2011, or for the 15 privatization of new services by the department without 16 prior consultation with any applicable state employee 17 organization affected by the proposed new contract and 18 prior notification of the co-chairpersons and ranking 19 members of the joint appropriations subcommittee on the 20 justice system. 21 b. It is the intent of the general assembly 22 that each lease negotiated by the department of 23 corrections with a private corporation for the purpose 24 of providing private industry employment of inmates in 25 a correctional institution shall prohibit the private 26 corporation from utilizing inmate labor for partisan 27 political purposes for any person seeking election to 28 public office in this state and that a violation of 29 this requirement shall result in a termination of the 30 lease agreement. 31 c. It is the intent of the general assembly that as 32 a condition of receiving the appropriation provided in 33 this subsection the department of corrections shall not 34 enter into a lease or contractual agreement pursuant to 35 section 904.809 with a private corporation for the use 36 of building space for the purpose of providing inmate 37 employment without providing that the terms of the 38 lease or contract establish safeguards to restrict, to 39 the greatest extent feasible, access by inmates working 40 for the private corporation to personal identifying 41 information of citizens. 42 2. For educational programs for inmates at state 43 penal institutions: 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,308,109 45 a. As a condition of receiving the appropriation in 46 this subsection, the department of corrections shall 47 transfer at least $300,000 from the canteen operating 48 funds established pursuant to section 904.310 to be 49 used for correctional educational programs funded in 50 -4- SF510.2265 (1) 84 jm/jp 4/ 28
this subsection. 1 b. It is the intent of the general assembly that 2 moneys appropriated in this subsection shall be used 3 solely for the purpose indicated and that the moneys 4 shall not be transferred for any other purpose. In 5 addition, it is the intent of the general assembly 6 that the department shall consult with the community 7 colleges in the areas in which the institutions 8 are located to utilize moneys appropriated in this 9 subsection to fund the high school completion, high 10 school equivalency diploma, adult literacy, and adult 11 basic education programs in a manner so as to maintain 12 these programs at the institutions. 13 c. To maximize the funding for educational 14 programs, the department shall establish guidelines 15 and procedures to prioritize the availability of 16 educational and vocational training for inmates based 17 upon the goal of facilitating an inmate’s successful 18 release from the correctional institution. 19 d. The director of the department of corrections 20 may transfer moneys from Iowa prison industries for use 21 in educational programs for inmates. 22 e. Notwithstanding section 8.33, moneys 23 appropriated in this subsection that remain unobligated 24 or unexpended at the close of the fiscal year shall not 25 revert but shall remain available to be used only for 26 the purposes designated in this subsection until the 27 close of the succeeding fiscal year. 28 3. For the development of the Iowa corrections 29 offender network (ICON) data system: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 424,364 31 4. For offender mental health and substance abuse 32 treatment: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22,319 34 5. For viral hepatitis prevention and treatment: 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 167,881 36 Sec. 5. JUDICIAL DISTRICT DEPARTMENTS OF 37 CORRECTIONAL SERVICES. 38 1. There is appropriated from the general fund of 39 the state to the department of corrections for the 40 fiscal year beginning July 1, 2011, and ending June 41 30, 2012, for salaries, support, maintenance, and 42 miscellaneous purposes, the following amounts, or 43 so much thereof as is necessary, to be allocated as 44 follows: 45 a. For the first judicial district department of 46 correctional services: 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,020,098 48 b. For the second judicial district department of 49 correctional services: 50 -5- SF510.2265 (1) 84 jm/jp 5/ 28
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,336,948 1 c. For the third judicial district department of 2 correctional services: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,599,765 4 d. For the fourth judicial district department of 5 correctional services: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,391,355 7 e. For the fifth judicial district department of 8 correctional services, including funding for electronic 9 monitoring devices for use on a statewide basis: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,742,129 11 f. For the sixth judicial district department of 12 correctional services: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,112,563 14 g. For the seventh judicial district department of 15 correctional services: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,492,814 17 h. For the eighth judicial district department of 18 correctional services: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,731,055 20 2. Each judicial district department of 21 correctional services, within the funding available, 22 shall continue programs and plans established within 23 that district to provide for intensive supervision, sex 24 offender treatment, diversion of low-risk offenders 25 to the least restrictive sanction available, job 26 development, and expanded use of intermediate criminal 27 sanctions. 28 3. Each judicial district department of 29 correctional services shall provide alternatives to 30 prison consistent with chapter 901B. The alternatives 31 to prison shall ensure public safety while providing 32 maximum rehabilitation to the offender. A judicial 33 district department of correctional services may also 34 establish a day program. 35 4. The governor’s office of drug control policy 36 shall consider federal grants made to the department 37 of corrections for the benefit of each of the eight 38 judicial district departments of correctional services 39 as local government grants, as defined pursuant to 40 federal regulations. 41 5. The department of corrections shall continue 42 to contract with a judicial district department 43 of correctional services to provide for the rental 44 of electronic monitoring equipment which shall be 45 available statewide. 46 6. A judicial district department of correctional 47 services shall accept into the facilities of the 48 district department, offenders assigned from other 49 judicial district departments of correctional services. 50 -6- SF510.2265 (1) 84 jm/jp 6/ 28
Sec. 6. DEPARTMENT OF CORRECTIONS —— REALLOCATION 1 OF APPROPRIATIONS. Notwithstanding section 8.39, 2 within the moneys appropriated in this Act to the 3 department of corrections, the department may 4 reallocate the moneys appropriated and allocated as 5 necessary to best fulfill the needs of the correctional 6 institutions, administration of the department, and the 7 judicial district departments of correctional services. 8 However, in addition to complying with the requirements 9 of sections 904.116 and 905.8 and providing notice 10 to the legislative services agency, the department 11 of corrections shall also provide notice to the 12 department of management, prior to the effective date 13 of the revision or reallocation of an appropriation 14 made pursuant to this section. The department of 15 corrections shall not reallocate an appropriation or 16 allocation for the purpose of eliminating any program. 17 Sec. 7. INTENT —— REPORTS. 18 1. The department of corrections in cooperation 19 with townships, the Iowa cemetery associations, and 20 other nonprofit or governmental entities may use inmate 21 labor during the fiscal year beginning July 1, 2011, 22 to restore or preserve rural cemeteries and historical 23 landmarks. The department in cooperation with the 24 counties may also use inmate labor to clean up roads, 25 major water sources, and other water sources around the 26 state. 27 2. On a quarterly basis the department shall 28 provide a status report regarding private-sector 29 employment to the legislative services agency beginning 30 on July 1, 2011. The report shall include the number 31 of offenders employed in the private sector, the 32 combined number of hours worked by the offenders, the 33 total amount of allowances, and the distribution of 34 allowances pursuant to section 904.702, including any 35 moneys deposited in the general fund of the state. 36 Sec. 8. ELECTRONIC MONITORING REPORT. The 37 department of corrections shall submit a report on 38 electronic monitoring to the general assembly, to the 39 co-chairpersons and the ranking members of the joint 40 appropriations subcommittee on the justice system, and 41 to the legislative services agency by January 15, 2012. 42 The report shall specifically address the number of 43 persons being electronically monitored and break down 44 the number of persons being electronically monitored 45 by offense committed. The report shall also include a 46 comparison of any data from the prior fiscal year with 47 the current year. 48 Sec. 9. STATE AGENCY PURCHASES FROM PRISON 49 INDUSTRIES. 50 -7- SF510.2265 (1) 84 jm/jp 7/ 28
1. As used in this section, unless the context 1 otherwise requires, “state agency” means the government 2 of the state of Iowa, including but not limited to 3 all executive branch departments, agencies, boards, 4 bureaus, and commissions, the judicial branch, 5 the general assembly and all legislative agencies, 6 institutions within the purview of the state board of 7 regents, and any corporation whose primary function is 8 to act as an instrumentality of the state. 9 2. State agencies are hereby encouraged to purchase 10 products from Iowa state industries, as defined in 11 section 904.802, when purchases are required and the 12 products are available from Iowa state industries. 13 State agencies shall obtain bids from Iowa state 14 industries for purchases of office furniture during the 15 fiscal year beginning July 1, 2011, exceeding $5,000 16 or in accordance with applicable administrative rules 17 related to purchases for the agency. 18 Sec. 10. IOWA LAW ENFORCEMENT ACADEMY. 19 1. There is appropriated from the general fund of 20 the state to the Iowa law enforcement academy for the 21 fiscal year beginning July 1, 2011, and ending June 30, 22 2012, the following amount, or so much thereof as is 23 necessary, to be used for the purposes designated: 24 For salaries, support, maintenance, miscellaneous 25 purposes, including jailer training and technical 26 assistance, and for not more than the following 27 full-time equivalent positions: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 448,500 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 24.55 30 It is the intent of the general assembly that the 31 Iowa law enforcement academy may provide training of 32 state and local law enforcement personnel concerning 33 the recognition of and response to persons with 34 Alzheimer’s disease. 35 The Iowa law enforcement academy may temporarily 36 exceed and draw more than the amount appropriated in 37 this subsection and incur a negative cash balance as 38 long as there are receivables equal to or greater than 39 the negative balance and the amount appropriated in 40 this subsection is not exceeded at the close of the 41 fiscal year. 42 2. The Iowa law enforcement academy may select 43 at least five automobiles of the department of public 44 safety, division of state patrol, prior to turning over 45 the automobiles to the department of administrative 46 services to be disposed of by public auction, and 47 the Iowa law enforcement academy may exchange any 48 automobile owned by the academy for each automobile 49 selected if the selected automobile is used in training 50 -8- SF510.2265 (1) 84 jm/jp 8/ 28
law enforcement officers at the academy. However, 1 any automobile exchanged by the academy shall be 2 substituted for the selected vehicle of the department 3 of public safety and sold by public auction with the 4 receipts being deposited in the depreciation fund to 5 the credit of the department of public safety, division 6 of state patrol. 7 Sec. 11. STATE PUBLIC DEFENDER. There is 8 appropriated from the general fund of the state to the 9 office of the state public defender of the department 10 of inspections and appeals for the fiscal year 11 beginning July 1, 2011, and ending June 30, 2012, the 12 following amounts, or so much thereof as is necessary, 13 to be allocated as follows for the purposes designated: 14 1. For salaries, support, maintenance, 15 miscellaneous purposes, and for not more than the 16 following full-time equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,083,182 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 219.00 19 2. For the fees of court-appointed attorneys for 20 indigent adults and juveniles, in accordance with 21 section 232.141 and chapter 815: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,680,929 23 Sec. 12. BOARD OF PAROLE. There is appropriated 24 from the general fund of the state to the board of 25 parole for the fiscal year beginning July 1, 2011, and 26 ending June 30, 2012, the following amount, or so much 27 thereof as is necessary, to be used for the purposes 28 designated: 29 For salaries, support, maintenance, miscellaneous 30 purposes, and for not more than the following full-time 31 equivalent positions: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,053,835 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 12.50 34 Sec. 13. DEPARTMENT OF PUBLIC DEFENSE. There is 35 appropriated from the general fund of the state to 36 the department of public defense for the fiscal year 37 beginning July 1, 2011, and ending June 30, 2012, the 38 following amounts, or so much thereof as is necessary, 39 to be used for the purposes designated: 40 1. MILITARY DIVISION 41 For salaries, support, maintenance, miscellaneous 42 purposes, and for not more than the following full-time 43 equivalent positions: 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,527,042 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 313.00 46 The military division may temporarily exceed 47 and draw more than the amount appropriated in this 48 subsection and incur a negative cash balance as long 49 as there are receivables of federal funds equal to 50 -9- SF510.2265 (1) 84 jm/jp 9/ 28
or greater than the negative balance and the amount 1 appropriated in this subsection is not exceeded at the 2 close of the fiscal year. 3 2. HOMELAND SECURITY AND EMERGENCY MANAGEMENT 4 DIVISION 5 For salaries, support, maintenance, miscellaneous 6 purposes, and for not more than the following full-time 7 equivalent positions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,836,877 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 40.00 10 a. The homeland security and emergency management 11 division may temporarily exceed and draw more than the 12 amount appropriated in this subsection and incur a 13 negative cash balance as long as there are receivables 14 of federal funds equal to or greater than the negative 15 balance and the amount appropriated in this subsection 16 is not exceeded at the close of the fiscal year. 17 b. It is the intent of the general assembly that 18 the homeland security and emergency management division 19 work in conjunction with the department of public 20 safety, to the extent possible, when gathering and 21 analyzing information related to potential domestic 22 or foreign security threats, and when monitoring such 23 threats. 24 Sec. 14. DEPARTMENT OF PUBLIC SAFETY. There is 25 appropriated from the general fund of the state to 26 the department of public safety for the fiscal year 27 beginning July 1, 2011, and ending June 30, 2012, the 28 following amounts, or so much thereof as is necessary, 29 to be used for the purposes designated: 30 1. For the department’s administrative functions, 31 including the criminal justice information system, and 32 for not more than the following full-time equivalent 33 positions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,007,075 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 36.00 36 2. For the division of criminal investigation, 37 including the state’s contribution to the peace 38 officers’ retirement, accident, and disability system 39 provided in chapter 97A in the amount of the state’s 40 normal contribution rate, as defined in section 41 97A.8, multiplied by the salaries for which the 42 funds are appropriated, to meet federal fund matching 43 requirements, and for not more than the following 44 full-time equivalent positions: 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,533,931 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 159.10 47 The department shall employ one additional special 48 agent and one additional criminalist for the purpose 49 of investigating cold cases. Prior to employing the 50 -10- SF510.2265 (1) 84 jm/jp 10/ 28
additional special agent and criminalist authorized 1 in this paragraph, the department shall provide a 2 written statement to prospective employees that states 3 to the effect that the positions are being funded by 4 a temporary federal grant and there are no assurances 5 that funds from other sources will be available after 6 the federal funding expires. If the federal funding 7 for the additional positions expires during the fiscal 8 year, the number of full-time equivalent positions 9 authorized in this subsection is reduced by 2.00 FTEs. 10 3. For the criminalistics laboratory fund created 11 in section 691.9: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 302,345 13 4. a. For the division of narcotics enforcement, 14 including the state’s contribution to the peace 15 officers’ retirement, accident, and disability system 16 provided in chapter 97A in the amount of the state’s 17 normal contribution rate, as defined in section 18 97A.8, multiplied by the salaries for which the 19 funds are appropriated, to meet federal fund matching 20 requirements, and for not more than the following 21 full-time equivalent positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,429,884 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 74.00 24 b. For the division of narcotics enforcement for 25 undercover purchases: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 109,042 27 5. For the division of state fire marshal, for fire 28 protection services as provided through the state fire 29 service and emergency response council as created in 30 the department, and for the state’s contribution to the 31 peace officers’ retirement, accident, and disability 32 system provided in chapter 97A in the amount of the 33 state’s normal contribution rate, as defined in section 34 97A.8, multiplied by the salaries for which the funds 35 are appropriated, and for not more than the following 36 full-time equivalent positions: 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,298,707 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 55.00 39 6. For the division of state patrol, for salaries, 40 support, maintenance, workers’ compensation costs, 41 and miscellaneous purposes, including the state’s 42 contribution to the peace officers’ retirement, 43 accident, and disability system provided in chapter 97A 44 in the amount of the state’s normal contribution rate, 45 as defined in section 97A.8, multiplied by the salaries 46 for which the funds are appropriated, and for not more 47 than the following full-time equivalent positions: 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 51,903,233 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 513.00 50 -11- SF510.2265 (1) 84 jm/jp 11/ 28
It is the intent of the general assembly that 1 members of the state patrol be assigned to patrol 2 the highways and roads in lieu of assignments for 3 inspecting school buses for the school districts. 4 7. For deposit in the sick leave benefits fund 5 established under section 80.42 for all departmental 6 employees eligible to receive benefits for accrued sick 7 leave under the collective bargaining agreement: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 279,517 9 8. For costs associated with the training and 10 equipment needs of volunteer fire fighters: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 575,520 12 a. Notwithstanding section 8.33, moneys 13 appropriated in this subsection that remain 14 unencumbered or unobligated at the close of the fiscal 15 year shall not revert but shall remain available for 16 expenditure only for the purpose designated in this 17 subsection until the close of the succeeding fiscal 18 year. 19 b. Notwithstanding section 8.39, within the 20 moneys appropriated in this section, the department 21 of public safety may reallocate moneys as necessary 22 to best fulfill the needs provided for in the 23 appropriation. However, the department shall not 24 reallocate an appropriation made to the department 25 in this section unless notice of the reallocation 26 is given to the legislative services agency and 27 the department of management prior to the effective 28 date of the reallocation. The notice shall include 29 information regarding the rationale for reallocating 30 the appropriation. The department shall not reallocate 31 an appropriation made in this section for the purpose 32 of eliminating any program. 33 Sec. 15. GAMING ENFORCEMENT. 34 1. There is appropriated from the gaming 35 enforcement revolving fund created in section 80.43 to 36 the department of public safety for the fiscal year 37 beginning July 1, 2011, and ending June 30, 2012, the 38 following amount, or so much thereof as is necessary, 39 to be used for the purposes designated: 40 For any direct and indirect support costs for 41 agents and officers of the division of criminal 42 investigation’s excursion gambling boat, gambling 43 structure, and racetrack enclosure enforcement 44 activities, including salaries, support, maintenance, 45 miscellaneous purposes, and for not more than the 46 following full-time equivalent positions: 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,836,306 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 120.00 49 2. For each additional license to conduct gambling 50 -12- SF510.2265 (1) 84 jm/jp 12/ 28
games on an excursion gambling boat, gambling 1 structure, or racetrack enclosure issued during 2 the fiscal year beginning July 1, 2011, there is 3 appropriated from the gaming enforcement fund to 4 the department of public safety for the fiscal year 5 beginning July 1, 2011, and ending June 30, 2012, an 6 additional amount of not more than $521,000 to be used 7 for not more than 6.00 additional full-time equivalent 8 positions. 9 3. The department of public safety, with the 10 approval of the department of management, may employ 11 no more than two special agents and four gaming 12 enforcement officers for each additional riverboat 13 or gambling structure regulated after July 1, 2011, 14 and one special agent for each racing facility which 15 becomes operational during the fiscal year which 16 begins July 1, 2011. One additional gaming enforcement 17 officer, up to a total of four per riverboat or 18 gambling structure, may be employed for each riverboat 19 or gambling structure that has extended operations to 20 24 hours and has not previously operated with a 24-hour 21 schedule. Positions authorized in this subsection 22 are in addition to the full-time equivalent positions 23 otherwise authorized in this section. 24 Sec. 16. CIVIL RIGHTS COMMISSION. There is 25 appropriated from the general fund of the state to the 26 Iowa state civil rights commission for the fiscal year 27 beginning July 1, 2011, and ending June 30, 2012, the 28 following amount, or so much thereof as is necessary, 29 to be used for the purposes designated: 30 For salaries, support, maintenance, miscellaneous 31 purposes, and for not more than the following full-time 32 equivalent positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,297,069 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 28.00 35 The Iowa state civil rights commission may enter 36 into a contract with a nonprofit organization to 37 provide legal assistance to resolve civil rights 38 complaints. 39 Sec. 17. 2009 Iowa Acts, chapter 178, section 20, 40 is amended to read as follows: 41 SEC. 20. CONSUMER EDUCATION AND LITIGATION 42 FUND. Notwithstanding section 714.16C, for each 43 fiscal year of the period beginning July 1, 2008, and 44 ending June 30, 2011 2013 , the annual appropriations 45 in section 714.16C, are increased from $1,125,000 to 46 $1,875,000, and $75,000 to $125,000 respectively. 47 Moneys appropriated from the consumer education and 48 litigation fund may be allocated for cash flow purposes 49 to the victim compensation fund established in section 50 -13- SF510.2265 (1) 84 jm/jp 13/ 28
915.94 during each of the fiscal years enumerated, 1 provided that any moneys so allocated are returned to 2 the consumer education and litigation fund by the end 3 of each fiscal year an allocation occurs. 4 Sec. 18. IOWA COMMUNICATIONS NETWORK. It is the 5 intent of the general assembly that the executive 6 branch agencies receiving an appropriation in this Act 7 utilize the Iowa communications network or secure other 8 electronic communications in lieu of traveling for the 9 fiscal year addressed by the appropriations. 10 Sec. 19. HOMELAND SECURITY AND EMERGENCY MANAGEMENT 11 DIVISION. There is appropriated from the wireless 12 E911 emergency communications fund created in section 13 34A.7A to the administrator of the homeland security 14 and emergency management division of the department of 15 public defense for the fiscal year beginning July 1, 16 2011, and ending June 30, 2012, an amount not exceeding 17 $200,000 to be used for implementation, support, and 18 maintenance of the functions of the administrator and 19 program manager under chapter 34A and to employ the 20 auditor of the state to perform an annual audit of the 21 wireless E911 emergency communications fund. 22 Sec. 20. SUPERVISORY EMPLOYEES TO OTHER EMPLOYEES 23 —— RATIO. Notwithstanding section 8A.402, subsection 24 2, paragraph “g”, for the fiscal year beginning July 25 1, 2011, the department of corrections, department of 26 public safety, and the judicial district departments of 27 correctional services shall be exempt from the target 28 ratio of supervisory employees to other employees 29 otherwise applicable for that fiscal year under section 30 8A.402, subsection 2, paragraph “g”. 31 Sec. 21. GERIATRIC AND PSYCHIATRIC TREATMENT 32 REPORT. The departments of corrections, human 33 services, inspections and appeals, and public health, 34 and the board of parole, shall jointly study the 35 development and establishment of treatment options 36 for geriatric and psychiatric patients currently 37 under the care, custody, and control of the state 38 to provide maximum treatment opportunities for such 39 persons while achieving fiscal efficiencies. The 40 department of corrections in consultation with the 41 other departments and the board of parole, shall 42 provide a report detailing the results of the study 43 to the co-chairpersons and the ranking members of the 44 joint appropriations subcommittee on health and human 45 services, the co-chairpersons and ranking members 46 of the joint appropriations subcommittee on justice 47 system, and the legislative services agency by November 48 15, 2011. 49 DIVISION II 50 -14- SF510.2265 (1) 84 jm/jp 14/ 28
FY 2012–2013 1 Sec. 22. DEPARTMENT OF JUSTICE. 2 1. There is appropriated from the general fund 3 of the state to the department of justice for the 4 fiscal year beginning July 1, 2012, and ending June 30, 5 2013, the following amounts, or so much thereof as is 6 necessary, to be used for the purposes designated: 7 a. For the general office of attorney general for 8 salaries, support, maintenance, and miscellaneous 9 purposes, including the prosecuting attorneys training 10 program, matching funds for federal violence against 11 women grant programs, victim assistance grants, office 12 of drug control policy prosecuting attorney program, 13 and odometer fraud enforcement, and for not more than 14 the following full-time equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,942,930 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 212.00 17 It is the intent of the general assembly that as 18 a condition of receiving the appropriation provided 19 in this lettered paragraph, the department of justice 20 shall maintain a record of the estimated time incurred 21 representing each agency or department. 22 b. For victim assistance grants: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,876,400 24 The funds appropriated in this lettered paragraph 25 shall be used to provide grants to care providers 26 providing services to crime victims of domestic abuse 27 or to crime victims of rape and sexual assault. 28 The balance of the victim compensation fund 29 established in section 915.94 may be used to provide 30 salary and support of not more than 24 FTEs and 31 to provide maintenance for the victim compensation 32 functions of the department of justice. 33 The department of justice may transfer moneys from 34 the victim compensation fund established in section 35 915.94 to the victim assistance grant program. 36 c. For legal services for persons in poverty grants 37 as provided in section 13.34: 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,800,000 39 2. a. The department of justice, in submitting 40 budget estimates for the fiscal year commencing July 41 1, 2013, pursuant to section 8.23, shall include a 42 report of funding from sources other than amounts 43 appropriated directly from the general fund of the 44 state to the department of justice or to the office of 45 consumer advocate. These funding sources shall include 46 but are not limited to reimbursements from other state 47 agencies, commissions, boards, or similar entities, and 48 reimbursements from special funds or internal accounts 49 within the department of justice. The department of 50 -15- SF510.2265 (1) 84 jm/jp 15/ 28
justice shall also report actual reimbursements for the 1 fiscal year commencing July 1, 2011, and actual and 2 expected reimbursements for the fiscal year commencing 3 July 1, 2012. 4 b. The department of justice shall include the 5 report required under paragraph “a”, as well as 6 information regarding any revisions occurring as a 7 result of reimbursements actually received or expected 8 at a later date, in a report to the co-chairpersons 9 and ranking members of the joint appropriations 10 subcommittee on the justice system and the legislative 11 services agency. The department of justice shall 12 submit the report on or before January 15, 2013. 13 Sec. 23. OFFICE OF CONSUMER ADVOCATE. There is 14 appropriated from the department of commerce revolving 15 fund created in section 546.12 to the office of 16 consumer advocate of the department of justice for the 17 fiscal year beginning July 1, 2012, and ending June 30, 18 2013, the following amount, or so much thereof as is 19 necessary, to be used for the purposes designated: 20 For salaries, support, maintenance, miscellaneous 21 purposes, and for not more than the following full-time 22 equivalent positions: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,136,163 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 22.00 25 Sec. 24. DEPARTMENT OF CORRECTIONS —— FACILITIES. 26 1. There is appropriated from the general fund of 27 the state to the department of corrections for the 28 fiscal year beginning July 1, 2012, and ending June 29 30, 2013, the following amounts, or so much thereof as 30 is necessary, to be used for the operation of adult 31 correctional institutions, reimbursement of counties 32 for certain confinement costs, and federal prison 33 reimbursement, to be allocated as follows: 34 a. For the operation of the Fort Madison 35 correctional facility, including salaries, support, 36 maintenance, and miscellaneous purposes: 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 41,031,283 38 b. For the operation of the Anamosa correctional 39 facility, including salaries, support, maintenance, and 40 miscellaneous purposes: 41 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,985,974 42 c. For the operation of the Oakdale correctional 43 facility, including salaries, support, maintenance, and 44 miscellaneous purposes: 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 54,374,426 46 d. For the operation of the Newton correctional 47 facility, including salaries, support, maintenance, and 48 miscellaneous purposes: 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,958,757 50 -16- SF510.2265 (1) 84 jm/jp 16/ 28
e. For the operation of the Mt. Pleasant 1 correctional facility, including salaries, support, 2 maintenance, and miscellaneous purposes: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,917,815 4 f. For the operation of the Rockwell City 5 correctional facility, including salaries, support, 6 maintenance, and miscellaneous purposes: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,316,466 8 g. For the operation of the Clarinda correctional 9 facility, including salaries, support, maintenance, and 10 miscellaneous purposes: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,639,518 12 Moneys received by the department of corrections as 13 reimbursement for services provided to the Clarinda 14 youth corporation are appropriated to the department 15 and shall be used for the purpose of operating the 16 Clarinda correctional facility. 17 h. For the operation of the Mitchellville 18 correctional facility, including salaries, support, 19 maintenance, and miscellaneous purposes: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,615,374 21 i. For the operation of the Fort Dodge correctional 22 facility, including salaries, support, maintenance, and 23 miscellaneous purposes: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,062,235 25 j. For reimbursement of counties for temporary 26 confinement of work release and parole violators, as 27 provided in sections 901.7, 904.908, and 906.17, and 28 for offenders confined pursuant to section 904.513: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 775,092 30 k. For federal prison reimbursement, reimbursements 31 for out-of-state placements, and miscellaneous 32 contracts: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 239,411 34 2. The department of corrections shall use moneys 35 appropriated in subsection 1 to continue to contract 36 for the services of a Muslim imam and a Native American 37 spiritual leader. 38 Sec. 25. DEPARTMENT OF CORRECTIONS —— 39 ADMINISTRATION. 40 There is appropriated from the general fund of 41 the state to the department of corrections for the 42 fiscal year beginning July 1, 2012, and ending June 30, 43 2013, the following amounts, or so much thereof as is 44 necessary, to be used for the purposes designated: 45 1. For general administration, including salaries, 46 support, maintenance, employment of an education 47 director to administer a centralized education 48 program for the correctional system, and miscellaneous 49 purposes: 50 -17- SF510.2265 (1) 84 jm/jp 17/ 28
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,835,542 1 a. It is the intent of the general assembly 2 that as a condition of receiving the appropriation 3 provided in this lettered paragraph the department of 4 corrections shall not, except as otherwise provided 5 in paragraph “c”, enter into a new contract, unless 6 the contract is a renewal of an existing contract, 7 for the expenditure of moneys in excess of $100,000 8 during the fiscal year beginning July 1, 2012, for the 9 privatization of services performed by the department 10 using state employees as of July 1, 2012, or for the 11 privatization of new services by the department without 12 prior consultation with any applicable state employee 13 organization affected by the proposed new contract and 14 prior notification of the co-chairpersons and ranking 15 members of the joint appropriations subcommittee on the 16 justice system. 17 b. It is the intent of the general assembly 18 that each lease negotiated by the department of 19 corrections with a private corporation for the purpose 20 of providing private industry employment of inmates in 21 a correctional institution shall prohibit the private 22 corporation from utilizing inmate labor for partisan 23 political purposes for any person seeking election to 24 public office in this state and that a violation of 25 this requirement shall result in a termination of the 26 lease agreement. 27 c. It is the intent of the general assembly that as 28 a condition of receiving the appropriation provided in 29 this subsection the department of corrections shall not 30 enter into a lease or contractual agreement pursuant to 31 section 904.809 with a private corporation for the use 32 of building space for the purpose of providing inmate 33 employment without providing that the terms of the 34 lease or contract establish safeguards to restrict, to 35 the greatest extent feasible, access by inmates working 36 for the private corporation to personal identifying 37 information of citizens. 38 2. For educational programs for inmates at state 39 penal institutions: 40 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,308,109 41 a. As a condition of receiving the appropriation in 42 this subsection, the department of corrections shall 43 transfer at least $300,000 from the canteen operating 44 funds established pursuant to section 904.310 to be 45 used for correctional educational programs funded in 46 this subsection. 47 b. It is the intent of the general assembly that 48 moneys appropriated in this subsection shall be used 49 solely for the purpose indicated and that the moneys 50 -18- SF510.2265 (1) 84 jm/jp 18/ 28
shall not be transferred for any other purpose. In 1 addition, it is the intent of the general assembly 2 that the department shall consult with the community 3 colleges in the areas in which the institutions 4 are located to utilize moneys appropriated in this 5 subsection to fund the high school completion, high 6 school equivalency diploma, adult literacy, and adult 7 basic education programs in a manner so as to maintain 8 these programs at the institutions. 9 c. To maximize the funding for educational 10 programs, the department shall establish guidelines 11 and procedures to prioritize the availability of 12 educational and vocational training for inmates based 13 upon the goal of facilitating an inmate’s successful 14 release from the correctional institution. 15 d. The director of the department of corrections 16 may transfer moneys from Iowa prison industries for use 17 in educational programs for inmates. 18 e. Notwithstanding section 8.33, moneys 19 appropriated in this subsection that remain unobligated 20 or unexpended at the close of the fiscal year shall not 21 revert but shall remain available to be used only for 22 the purposes designated in this subsection until the 23 close of the succeeding fiscal year. 24 3. For the development of the Iowa corrections 25 offender network (ICON) data system: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 424,364 27 4. For offender mental health and substance abuse 28 treatment: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22,319 30 5. For viral hepatitis prevention and treatment: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 167,881 32 6. For a pilot project establishing a geriatric and 33 psychiatric unit for persons under the care, custody, 34 and control of the state: 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,665,000 36 Sec. 26. JUDICIAL DISTRICT DEPARTMENTS OF 37 CORRECTIONAL SERVICES. 38 1. There is appropriated from the general fund of 39 the state to the department of corrections for the 40 fiscal year beginning July 1, 2012, and ending June 41 30, 2013, for salaries, support, maintenance, and 42 miscellaneous purposes, the following amounts, or 43 so much thereof as is necessary, to be allocated as 44 follows: 45 a. For the first judicial district department of 46 correctional services: 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,020,098 48 b. For the second judicial district department of 49 correctional services: 50 -19- SF510.2265 (1) 84 jm/jp 19/ 28
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,336,948 1 c. For the third judicial district department of 2 correctional services: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,599,765 4 d. For the fourth judicial district department of 5 correctional services: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,391,355 7 e. For the fifth judicial district department of 8 correctional services, including funding for electronic 9 monitoring devices for use on a statewide basis: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,742,129 11 f. For the sixth judicial district department of 12 correctional services: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,112,563 14 g. For the seventh judicial district department of 15 correctional services: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,492,814 17 h. For the eighth judicial district department of 18 correctional services: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,731,055 20 2. Each judicial district department of 21 correctional services, within the funding available, 22 shall continue programs and plans established within 23 that district to provide for intensive supervision, sex 24 offender treatment, diversion of low-risk offenders 25 to the least restrictive sanction available, job 26 development, and expanded use of intermediate criminal 27 sanctions. 28 3. Each judicial district department of 29 correctional services shall provide alternatives to 30 prison consistent with chapter 901B. The alternatives 31 to prison shall ensure public safety while providing 32 maximum rehabilitation to the offender. A judicial 33 district department of correctional services may also 34 establish a day program. 35 4. The governor’s office of drug control policy 36 shall consider federal grants made to the department 37 of corrections for the benefit of each of the eight 38 judicial district departments of correctional services 39 as local government grants, as defined pursuant to 40 federal regulations. 41 5. The department of corrections shall continue 42 to contract with a judicial district department 43 of correctional services to provide for the rental 44 of electronic monitoring equipment which shall be 45 available statewide. 46 6. A judicial district department of correctional 47 services shall accept into the facilities of the 48 district department, offenders assigned from other 49 judicial district departments of correctional services. 50 -20- SF510.2265 (1) 84 jm/jp 20/ 28
Sec. 27. DEPARTMENT OF CORRECTIONS —— REALLOCATION 1 OF APPROPRIATIONS. Notwithstanding section 8.39, 2 within the moneys appropriated in this division of this 3 Act to the department of corrections, the department 4 may reallocate the moneys appropriated and allocated as 5 necessary to best fulfill the needs of the correctional 6 institutions, administration of the department, and the 7 judicial district departments of correctional services. 8 However, in addition to complying with the requirements 9 of sections 904.116 and 905.8 and providing notice 10 to the legislative services agency, the department 11 of corrections shall also provide notice to the 12 department of management, prior to the effective date 13 of the revision or reallocation of an appropriation 14 made pursuant to this section. The department of 15 corrections shall not reallocate an appropriation or 16 allocation for the purpose of eliminating any program. 17 Sec. 28. INTENT —— REPORTS. 18 1. The department of corrections in cooperation 19 with townships, the Iowa cemetery associations, and 20 other nonprofit or governmental entities may use inmate 21 labor during the fiscal year beginning July 1, 2012, 22 to restore or preserve rural cemeteries and historical 23 landmarks. The department in cooperation with the 24 counties may also use inmate labor to clean up roads, 25 major water sources, and other water sources around the 26 state. 27 2. On a quarterly basis the department shall 28 provide a status report regarding private-sector 29 employment to the legislative services agency beginning 30 on July 1, 2012. The report shall include the number 31 of offenders employed in the private sector, the 32 combined number of hours worked by the offenders, the 33 total amount of allowances, and the distribution of 34 allowances pursuant to section 904.702, including any 35 moneys deposited in the general fund of the state. 36 Sec. 29. ELECTRONIC MONITORING REPORT. The 37 department of corrections shall submit a report on 38 electronic monitoring to the general assembly, to the 39 co-chairpersons and the ranking members of the joint 40 appropriations subcommittee on the justice system, and 41 to the legislative services agency by January 15, 2013. 42 The report shall specifically address the number of 43 persons being electronically monitored and break down 44 the number of persons being electronically monitored 45 by offense committed. The report shall also include a 46 comparison of any data from the prior fiscal year with 47 the current year. 48 Sec. 30. STATE AGENCY PURCHASES FROM PRISON 49 INDUSTRIES. 50 -21- SF510.2265 (1) 84 jm/jp 21/ 28
1. As used in this section, unless the context 1 otherwise requires, “state agency” means the government 2 of the state of Iowa, including but not limited to 3 all executive branch departments, agencies, boards, 4 bureaus, and commissions, the judicial branch, 5 the general assembly and all legislative agencies, 6 institutions within the purview of the state board of 7 regents, and any corporation whose primary function is 8 to act as an instrumentality of the state. 9 2. State agencies are hereby encouraged to purchase 10 products from Iowa state industries, as defined in 11 section 904.802, when purchases are required and the 12 products are available from Iowa state industries. 13 State agencies shall obtain bids from Iowa state 14 industries for purchases of office furniture during the 15 fiscal year beginning July 1, 2012, exceeding $5,000 16 or in accordance with applicable administrative rules 17 related to purchases for the agency. 18 Sec. 31. IOWA LAW ENFORCEMENT ACADEMY. 19 1. There is appropriated from the general fund of 20 the state to the Iowa law enforcement academy for the 21 fiscal year beginning July 1, 2012, and ending June 30, 22 2013, the following amount, or so much thereof as is 23 necessary, to be used for the purposes designated: 24 For salaries, support, maintenance, miscellaneous 25 purposes, including jailer training and technical 26 assistance, and for not more than the following 27 full-time equivalent positions: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 448,500 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 24.55 30 It is the intent of the general assembly that the 31 Iowa law enforcement academy may provide training of 32 state and local law enforcement personnel concerning 33 the recognition of and response to persons with 34 Alzheimer’s disease. 35 The Iowa law enforcement academy may temporarily 36 exceed and draw more than the amount appropriated in 37 this subsection and incur a negative cash balance as 38 long as there are receivables equal to or greater than 39 the negative balance and the amount appropriated in 40 this subsection is not exceeded at the close of the 41 fiscal year. 42 2. The Iowa law enforcement academy may select 43 at least five automobiles of the department of public 44 safety, division of state patrol, prior to turning over 45 the automobiles to the department of administrative 46 services to be disposed of by public auction, and 47 the Iowa law enforcement academy may exchange any 48 automobile owned by the academy for each automobile 49 selected if the selected automobile is used in training 50 -22- SF510.2265 (1) 84 jm/jp 22/ 28
law enforcement officers at the academy. However, 1 any automobile exchanged by the academy shall be 2 substituted for the selected vehicle of the department 3 of public safety and sold by public auction with the 4 receipts being deposited in the depreciation fund to 5 the credit of the department of public safety, division 6 of state patrol. 7 Sec. 32. STATE PUBLIC DEFENDER. There is 8 appropriated from the general fund of the state to the 9 office of the state public defender of the department 10 of inspections and appeals for the fiscal year 11 beginning July 1, 2012, and ending June 30, 2013, the 12 following amounts, or so much thereof as is necessary, 13 to be allocated as follows for the purposes designated: 14 1. For salaries, support, maintenance, 15 miscellaneous purposes, and for not more than the 16 following full-time equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,083,182 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 219.00 19 2. For the fees of court-appointed attorneys for 20 indigent adults and juveniles, in accordance with 21 section 232.141 and chapter 815: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,680,929 23 Sec. 33. BOARD OF PAROLE. There is appropriated 24 from the general fund of the state to the board of 25 parole for the fiscal year beginning July 1, 2012, and 26 ending June 30, 2013, the following amount, or so much 27 thereof as is necessary, to be used for the purposes 28 designated: 29 For salaries, support, maintenance, miscellaneous 30 purposes, and for not more than the following full-time 31 equivalent positions: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,053,835 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 12.50 34 Sec. 34. DEPARTMENT OF PUBLIC DEFENSE. There is 35 appropriated from the general fund of the state to 36 the department of public defense for the fiscal year 37 beginning July 1, 2012, and ending June 30, 2013, the 38 following amounts, or so much thereof as is necessary, 39 to be used for the purposes designated: 40 1. MILITARY DIVISION 41 For salaries, support, maintenance, miscellaneous 42 purposes, and for not more than the following full-time 43 equivalent positions: 44 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,527,042 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 313.00 46 The military division may temporarily exceed 47 and draw more than the amount appropriated in this 48 subsection and incur a negative cash balance as long 49 as there are receivables of federal funds equal to 50 -23- SF510.2265 (1) 84 jm/jp 23/ 28
or greater than the negative balance and the amount 1 appropriated in this subsection is not exceeded at the 2 close of the fiscal year. 3 2. HOMELAND SECURITY AND EMERGENCY MANAGEMENT 4 DIVISION 5 For salaries, support, maintenance, miscellaneous 6 purposes, and for not more than the following full-time 7 equivalent positions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,836,877 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 40.00 10 a. The homeland security and emergency management 11 division may temporarily exceed and draw more than the 12 amount appropriated in this subsection and incur a 13 negative cash balance as long as there are receivables 14 of federal funds equal to or greater than the negative 15 balance and the amount appropriated in this subsection 16 is not exceeded at the close of the fiscal year. 17 b. It is the intent of the general assembly that 18 the homeland security and emergency management division 19 work in conjunction with the department of public 20 safety, to the extent possible, when gathering and 21 analyzing information related to potential domestic 22 or foreign security threats, and when monitoring such 23 threats. 24 Sec. 35. DEPARTMENT OF PUBLIC SAFETY. There is 25 appropriated from the general fund of the state to 26 the department of public safety for the fiscal year 27 beginning July 1, 2012, and ending June 30, 2013, the 28 following amounts, or so much thereof as is necessary, 29 to be used for the purposes designated: 30 1. For the department’s administrative functions, 31 including the criminal justice information system, and 32 for not more than the following full-time equivalent 33 positions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,007,075 35 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 36.00 36 2. For the division of criminal investigation, 37 including the state’s contribution to the peace 38 officers’ retirement, accident, and disability system 39 provided in chapter 97A in the amount of the state’s 40 normal contribution rate, as defined in section 41 97A.8, multiplied by the salaries for which the 42 funds are appropriated, to meet federal fund matching 43 requirements, and for not more than the following 44 full-time equivalent positions: 45 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,533,931 46 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 159.10 47 The department shall employ one additional special 48 agent and one additional criminalist for the purpose 49 of investigating cold cases. Prior to employing the 50 -24- SF510.2265 (1) 84 jm/jp 24/ 28
additional special agent and criminalist authorized 1 in this paragraph, the department shall provide a 2 written statement to prospective employees that states 3 to the effect that the positions are being funded by 4 a temporary federal grant and there are no assurances 5 that funds from other sources will be available after 6 the federal funding expires. If the federal funding 7 for the additional positions expires during the fiscal 8 year, the number of full-time equivalent positions 9 authorized in this subsection is reduced by 2.00 FTEs. 10 3. For the criminalistics laboratory fund created 11 in section 691.9: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 302,345 13 4. a. For the division of narcotics enforcement, 14 including the state’s contribution to the peace 15 officers’ retirement, accident, and disability system 16 provided in chapter 97A in the amount of the state’s 17 normal contribution rate, as defined in section 18 97A.8, multiplied by the salaries for which the 19 funds are appropriated, to meet federal fund matching 20 requirements, and for not more than the following 21 full-time equivalent positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,429,884 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 74.00 24 b. For the division of narcotics enforcement for 25 undercover purchases: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 109,042 27 5. For the division of state fire marshal, for fire 28 protection services as provided through the state fire 29 service and emergency response council as created in 30 the department, and for the state’s contribution to the 31 peace officers’ retirement, accident, and disability 32 system provided in chapter 97A in the amount of the 33 state’s normal contribution rate, as defined in section 34 97A.8, multiplied by the salaries for which the funds 35 are appropriated, and for not more than the following 36 full-time equivalent positions: 37 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,298,707 38 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 55.00 39 6. For the division of state patrol, for salaries, 40 support, maintenance, workers’ compensation costs, 41 and miscellaneous purposes, including the state’s 42 contribution to the peace officers’ retirement, 43 accident, and disability system provided in chapter 97A 44 in the amount of the state’s normal contribution rate, 45 as defined in section 97A.8, multiplied by the salaries 46 for which the funds are appropriated, and for not more 47 than the following full-time equivalent positions: 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 55,403,233 49 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 533.00 50 -25- SF510.2265 (1) 84 jm/jp 25/ 28
It is the intent of the general assembly that 1 members of the state patrol be assigned to patrol 2 the highways and roads in lieu of assignments for 3 inspecting school buses for the school districts. 4 7. For deposit in the sick leave benefits fund 5 established under section 80.42 for all departmental 6 employees eligible to receive benefits for accrued sick 7 leave under the collective bargaining agreement: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 279,517 9 8. For costs associated with the training and 10 equipment needs of volunteer fire fighters: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 760,520 12 a. Notwithstanding section 8.33, moneys 13 appropriated in this subsection that remain 14 unencumbered or unobligated at the close of the fiscal 15 year shall not revert but shall remain available for 16 expenditure only for the purpose designated in this 17 subsection until the close of the succeeding fiscal 18 year. 19 b. Notwithstanding section 8.39, within the 20 moneys appropriated in this section, the department 21 of public safety may reallocate moneys as necessary 22 to best fulfill the needs provided for in the 23 appropriation. However, the department shall not 24 reallocate an appropriation made to the department 25 in this section unless notice of the reallocation 26 is given to the legislative services agency and 27 the department of management prior to the effective 28 date of the reallocation. The notice shall include 29 information regarding the rationale for reallocating 30 the appropriation. The department shall not reallocate 31 an appropriation made in this section for the purpose 32 of eliminating any program. 33 Sec. 36. GAMING ENFORCEMENT. 34 1. There is appropriated from the gaming 35 enforcement revolving fund created in section 80.43 to 36 the department of public safety for the fiscal year 37 beginning July 1, 2012, and ending June 30, 2013, the 38 following amount, or so much thereof as is necessary, 39 to be used for the purposes designated: 40 For any direct and indirect support costs for 41 agents and officers of the division of criminal 42 investigation’s excursion gambling boat, gambling 43 structure, and racetrack enclosure enforcement 44 activities, including salaries, support, maintenance, 45 miscellaneous purposes, and for not more than the 46 following full-time equivalent positions: 47 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,836,306 48 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 120.00 49 2. For each additional license to conduct gambling 50 -26- SF510.2265 (1) 84 jm/jp 26/ 28
games on an excursion gambling boat, gambling 1 structure, or racetrack enclosure issued during 2 the fiscal year beginning July 1, 2012, there is 3 appropriated from the gaming enforcement fund to 4 the department of public safety for the fiscal year 5 beginning July 1, 2012, and ending June 30, 2013, an 6 additional amount of not more than $521,000 to be used 7 for not more than 6.00 additional full-time equivalent 8 positions. 9 3. The department of public safety, with the 10 approval of the department of management, may employ 11 no more than two special agents and four gaming 12 enforcement officers for each additional riverboat 13 or gambling structure regulated after July 1, 2012, 14 and one special agent for each racing facility which 15 becomes operational during the fiscal year which 16 begins July 1, 2012. One additional gaming enforcement 17 officer, up to a total of four per riverboat or 18 gambling structure, may be employed for each riverboat 19 or gambling structure that has extended operations to 20 24 hours and has not previously operated with a 24-hour 21 schedule. Positions authorized in this subsection 22 are in addition to the full-time equivalent positions 23 otherwise authorized in this section. 24 Sec. 37. CIVIL RIGHTS COMMISSION. There is 25 appropriated from the general fund of the state to the 26 Iowa state civil rights commission for the fiscal year 27 beginning July 1, 2012, and ending June 30, 2013, the 28 following amount, or so much thereof as is necessary, 29 to be used for the purposes designated: 30 For salaries, support, maintenance, miscellaneous 31 purposes, and for not more than the following full-time 32 equivalent positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,297,069 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 28.00 35 The Iowa state civil rights commission may enter 36 into a contract with a nonprofit organization to 37 provide legal assistance to resolve civil rights 38 complaints. 39 Sec. 38. HOMELAND SECURITY AND EMERGENCY MANAGEMENT 40 DIVISION. There is appropriated from the wireless 41 E911 emergency communications fund created in section 42 34A.7A to the administrator of the homeland security 43 and emergency management division of the department of 44 public defense for the fiscal year beginning July 1, 45 2012, and ending June 30, 2013, an amount not exceeding 46 $200,000 to be used for implementation, support, and 47 maintenance of the functions of the administrator and 48 program manager under chapter 34A and to employ the 49 auditor of the state to perform an annual audit of the 50 -27- SF510.2265 (1) 84 jm/jp 27/ 28
wireless E911 emergency communications fund. 1 Sec. 39. SUPERVISORY EMPLOYEES TO OTHER EMPLOYEES 2 —— RATIO. Notwithstanding section 8A.402, subsection 3 2, paragraph “g”, for the fiscal year beginning July 4 1, 2011, the department of corrections, department of 5 public safety, and the judicial district departments of 6 correctional services shall be exempt from the target 7 ratio of supervisory employees to other employees 8 otherwise applicable for that fiscal year under section 9 8A.402, subsection 2, paragraph “g”. > 10 ______________________________ WORTHAN of Buena Vista -28- SF510.2265 (1) 84 jm/jp 28/ 28