Senate File 475 - Introduced
SENATE FILE
BY COMMITTEE ON APPROPRIATIONS
(SUCCESSOR TO SSB 1324)
Passed Senate, Date Passed House, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to and making appropriations to the justice
2 system, and including effective and retroactive applicability
3 date provisions.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 1005SV 83
6 jm/jp/24
PAG LIN
1 1 Section 1. DEPARTMENT OF JUSTICE.
1 2 1. There is appropriated from the general fund of the
1 3 state to the department of justice for the fiscal year
1 4 beginning July 1, 2009, and ending June 30, 2010, the
1 5 following amounts, or so much thereof as is necessary, to be
1 6 used for the purposes designated:
1 7 a. For the general office of attorney general for
1 8 salaries, support, maintenance, and miscellaneous purposes,
1 9 including the prosecuting attorneys training program, victim
1 10 assistance grants, office of drug control policy (ODCP)
1 11 prosecuting attorney program, and odometer fraud enforcement,
1 12 and for not more than the following full=time equivalent
1 13 positions:
1 14 .................................................. $ 8,592,145
1 15 ............................................... FTEs 232.50
1 16 It is the intent of the general assembly that as a
1 17 condition of receiving the appropriation provided in this
1 18 lettered paragraph, the department of justice shall maintain a
1 19 record of the estimated time incurred representing each agency
1 20 or department.
1 21 b. For victim assistance grants:
1 22 .................................................. $ 2,400,000
1 23 The funds appropriated in this lettered paragraph shall be
1 24 used to provide grants to care providers providing services to
1 25 crime victims of domestic abuse or to crime victims of rape
1 26 and sexual assault.
1 27 The balance of the victim compensation fund established in
1 28 section 915.94 may be used to provide salary and support of
1 29 not more than 22 FTEs and to provide maintenance for the
1 30 victim compensation functions of the department of justice.
1 31 The department of justice may transfer moneys from the
1 32 victim compensation fund established in section 915.94 to the
1 33 victim assistance grant program.
1 34 c. For legal services for persons in poverty grants as
1 35 provided in section 13.34:
2 1 .................................................. $ 1,954,634
2 2 2. a. The department of justice, in submitting budget
2 3 estimates for the fiscal year commencing July 1, 2010,
2 4 pursuant to section 8.23, shall include a report of funding
2 5 from sources other than amounts appropriated directly from the
2 6 general fund of the state to the department of justice or to
2 7 the office of consumer advocate. These funding sources shall
2 8 include but are not limited to reimbursements from other state
2 9 agencies, commissions, boards, or similar entities, and
2 10 reimbursements from special funds or internal accounts within
2 11 the department of justice. The department of justice shall
2 12 also report actual reimbursements for the fiscal year
2 13 commencing July 1, 2008, and actual and expected
2 14 reimbursements for the fiscal year commencing July 1, 2009.
2 15 b. The department of justice shall include the report
2 16 required under paragraph "a", as well as information regarding
2 17 any revisions occurring as a result of reimbursements actually
2 18 received or expected at a later date, in a report to the co=
2 19 chairpersons and ranking members of the joint appropriations
2 20 subcommittee on the justice system and the legislative
2 21 services agency. The department of justice shall submit the
2 22 report on or before January 15, 2010.
2 23 c. The department shall cooperate with the auditor of
2 24 state in preparing a report detailing recommendations for
2 25 reimbursement moneys, including recommendations for
2 26 appropriating such reimbursement moneys. The auditor of state
2 27 shall provide the report to the co=chairpersons and ranking
2 28 members of the joint appropriations subcommittee on the
2 29 justice system, the legislative services agency, and the
2 30 department of management by December 15, 2009.
2 31 Sec. 2. OFFICE OF CONSUMER ADVOCATE. There is
2 32 appropriated from the general fund of the state to the office
2 33 of consumer advocate of the department of justice for the
2 34 fiscal year beginning July 1, 2009, and ending June 30, 2010,
2 35 the following amount, or so much thereof as is necessary, to
3 1 be used for the purposes designated:
3 2 For salaries, support, maintenance, miscellaneous purposes,
3 3 and for not more than the following full=time equivalent
3 4 positions:
3 5 .................................................. $ 2,809,606
3 6 ............................................... FTEs 27.00
3 7 Sec. 3. DEPARTMENT OF CORRECTIONS == FACILITIES.
3 8 1. There is appropriated from the general fund of the
3 9 state to the department of corrections for the fiscal year
3 10 beginning July 1, 2009, and ending June 30, 2010, the
3 11 following amounts, or so much thereof as is necessary, to be
3 12 used for the purposes designated:
3 13 For the operation of adult correctional institutions,
3 14 reimbursement of counties for certain confinement costs, and
3 15 federal prison reimbursement, to be allocated as follows:
3 16 a. For the operation of the Fort Madison correctional
3 17 facility, including salaries, support, maintenance, and
3 18 miscellaneous purposes:
3 19 .................................................. $ 41,114,692
3 20 As a condition of receiving an appropriation in this
3 21 lettered paragraph, the department of corrections shall
3 22 operate the John Bennett facility either as an institution of
3 23 the department or a community=based correctional facility.
3 24 b. For the operation of the Anamosa correctional facility,
3 25 including salaries, support, maintenance, and miscellaneous
3 26 purposes:
3 27 .................................................. $ 31,413,895
3 28 It is the intent of the general assembly that the
3 29 department of corrections fully operate the Luster Heights
3 30 facility at the facility's 88=bed capacity.
3 31 As a condition of the funds appropriated in this lettered
3 32 paragraph, the department of corrections shall replace expired
3 33 federal funding by expending at least $238,252 for
3 34 continuation of a treatment program that prepares offenders
3 35 for on=going therapeutic treatment programs offered by the
4 1 department and maintaining at least 4.75 full=time equivalent
4 2 positions for the program.
4 3 Moneys are provided within this appropriation for one full=
4 4 time substance abuse counselor for the Luster Heights facility
4 5 for the purpose of certification of a substance abuse program
4 6 at that facility.
4 7 c. For the operation of the Oakdale correctional facility,
4 8 including salaries, support, maintenance, and miscellaneous
4 9 purposes:
4 10 .................................................. $ 58,646,095
4 11 d. For the operation of the Newton correctional facility,
4 12 including salaries, support, maintenance, and miscellaneous
4 13 purposes:
4 14 .................................................. $ 28,033,393
4 15 e. For the operation of the Mt. Pleasant correctional
4 16 facility, including salaries, support, maintenance, and
4 17 miscellaneous purposes:
4 18 .................................................. $ 27,216,182
4 19 f. For the operation of the Rockwell City correctional
4 20 facility, including salaries, support, maintenance, and
4 21 miscellaneous purposes:
4 22 .................................................. $ 9,392,186
4 23 g. For the operation of the Clarinda correctional
4 24 facility, including salaries, support, maintenance, and
4 25 miscellaneous purposes:
4 26 .................................................. $ 23,421,051
4 27 Moneys received by the department of corrections as
4 28 reimbursement for services provided to the Clarinda youth
4 29 corporation are appropriated to the department and shall be
4 30 used for the purpose of operating the Clarinda correctional
4 31 facility.
4 32 h. For the operation of the Mitchellville correctional
4 33 facility, including salaries, support, maintenance, and
4 34 miscellaneous purposes:
4 35 .................................................. $ 15,836,794
5 1 i. For the operation of the Fort Dodge correctional
5 2 facility, including salaries, support, maintenance, and
5 3 miscellaneous purposes:
5 4 .................................................. $ 29,999,036
5 5 j. For reimbursement of counties for temporary confinement
5 6 of work release and parole violators, as provided in sections
5 7 901.7, 904.908, and 906.17, and for offenders confined
5 8 pursuant to section 904.513:
5 9 .................................................. $ 861,213
5 10 k. For federal prison reimbursement, reimbursements for
5 11 out=of=state placements, and miscellaneous contracts:
5 12 .................................................. $ 239,411
5 13 2. The department of corrections shall use funds
5 14 appropriated in subsection 1 to continue to contract for the
5 15 services of a Muslim imam.
5 16 Sec. 4. DEPARTMENT OF CORRECTIONS == ADMINISTRATION.
5 17 1. There is appropriated from the general fund of the
5 18 state to the department of corrections for the fiscal year
5 19 beginning July 1, 2009, and ending June 30, 2010, the
5 20 following amounts, or so much thereof as is necessary, to be
5 21 used for the purposes designated:
5 22 a. For general administration, including salaries,
5 23 support, maintenance, employment of an education director to
5 24 administer a centralized education program for the
5 25 correctional system, and miscellaneous purposes:
5 26 .................................................. $ 4,810,048
5 27 (1) It is the intent of the general assembly that as a
5 28 condition of receiving the appropriation provided in this
5 29 lettered paragraph the department of corrections shall not,
5 30 except as otherwise provided in subparagraph (3), enter into a
5 31 new contract, unless the contract is a renewal of an existing
5 32 contract, for the expenditure of moneys in excess of $100,000
5 33 during the fiscal year beginning July 1, 2009, for the
5 34 privatization of services performed by the department using
5 35 state employees as of July 1, 2009, or for the privatization
6 1 of new services by the department without prior consultation
6 2 with any applicable state employee organization affected by
6 3 the proposed new contract and prior notification of the co=
6 4 chairpersons and ranking members of the joint appropriations
6 5 subcommittee on the justice system.
6 6 (2) It is the intent of the general assembly that each
6 7 lease negotiated by the department of corrections with a
6 8 private corporation for the purpose of providing private
6 9 industry employment of inmates in a correctional institution
6 10 shall prohibit the private corporation from utilizing inmate
6 11 labor for partisan political purposes for any person seeking
6 12 election to public office in this state and that a violation
6 13 of this requirement shall result in a termination of the lease
6 14 agreement.
6 15 (3) It is the intent of the general assembly that as a
6 16 condition of receiving the appropriation provided in this
6 17 lettered paragraph the department of corrections shall not
6 18 enter into a lease or contractual agreement pursuant to
6 19 section 904.809 with a private corporation for the use of
6 20 building space for the purpose of providing inmate employment
6 21 without providing that the terms of the lease or contract
6 22 establish safeguards to restrict, to the greatest extent
6 23 feasible, access by inmates working for the private
6 24 corporation to personal identifying information of citizens.
6 25 b. For educational programs for inmates at state penal
6 26 institutions:
6 27 .................................................. $ 1,558,109
6 28 As a condition of receiving the appropriation in this
6 29 lettered paragraph, the department of corrections shall
6 30 transfer at least $300,000 from the canteen operating funds
6 31 established pursuant to section 904.310 to be used for
6 32 correctional educational programs funded in this lettered
6 33 paragraph.
6 34 It is the intent of the general assembly that moneys
6 35 appropriated in this lettered paragraph shall be used solely
7 1 for the purpose indicated and that the moneys shall not be
7 2 transferred for any other purpose. In addition, it is the
7 3 intent of the general assembly that the department shall
7 4 consult with the community colleges in the areas in which the
7 5 institutions are located to utilize moneys appropriated in
7 6 this lettered paragraph to fund the high school completion,
7 7 high school equivalency diploma, adult literacy, and adult
7 8 basic education programs in a manner so as to maintain these
7 9 programs at the institutions.
7 10 To maximize the funding for educational programs, the
7 11 department shall establish guidelines and procedures to
7 12 prioritize the availability of educational and vocational
7 13 training for inmates based upon the goal of facilitating an
7 14 inmate's successful release from the correctional institution.
7 15 The director of the department of corrections may transfer
7 16 moneys from Iowa prison industries for use in educational
7 17 programs for inmates.
7 18 Notwithstanding section 8.33, moneys appropriated in this
7 19 lettered paragraph that remain unobligated or unexpended at
7 20 the close of the fiscal year shall not revert but shall remain
7 21 available for expenditure only for the purpose designated in
7 22 this lettered paragraph until the close of the succeeding
7 23 fiscal year.
7 24 c. For the development of the Iowa corrections offender
7 25 network (ICON) data system:
7 26 .................................................. $ 424,364
7 27 d. For offender mental health and substance abuse
7 28 treatment:
7 29 .................................................. $ 24,799
7 30 e. For viral hepatitis prevention and treatment:
7 31 .................................................. $ 186,534
7 32 2. It is the intent of the general assembly that the
7 33 department of corrections shall continue to operate the
7 34 correctional farms under the control of the department at the
7 35 same or greater level of participation and involvement as
8 1 existed as of January 1, 2009; shall not enter into any rental
8 2 agreement or contract concerning any farmland under the
8 3 control of the department that is not subject to a rental
8 4 agreement or contract as of January 1, 2009, without prior
8 5 legislative approval; and shall further attempt to provide job
8 6 opportunities at the farms for inmates. The department shall
8 7 attempt to provide job opportunities at the farms for inmates
8 8 by encouraging labor=intensive farming or gardening where
8 9 appropriate; using inmates to grow produce and meat for
8 10 institutional consumption; researching the possibility of
8 11 instituting food canning and cook=and=chill operations; and
8 12 exploring opportunities for organic farming and gardening,
8 13 livestock ventures, horticulture, and specialized crops.
8 14 3. The department of corrections shall provide a smoking
8 15 cessation program to offenders committed to the custody of the
8 16 director or who are otherwise detained by the department, that
8 17 complies with legislation enacted restricting or prohibiting
8 18 smoking on the grounds of correctional institutions.
8 19 4. As a condition of receiving the appropriations made in
8 20 this section, the department of corrections shall develop and
8 21 implement offender reentry centers in Black Hawk and Polk
8 22 counties to provide transitional planning and release
8 23 primarily for offenders released from the Iowa correctional
8 24 institution for women at Mitchellville and the Fort Dodge
8 25 correctional facility. Programming shall include minority and
8 26 gender=specific responsivity, employment, substance abuse
8 27 treatment, mental health services, housing, and family
8 28 reintegration. The department of corrections shall
8 29 collaborate with the first and fifth judicial district
8 30 departments of correctional services, the Iowa department of
8 31 workforce development, the department of human services,
8 32 community=based providers and faith=based organizations, and
8 33 local law enforcement.
8 34 5. The chief security officer position within the
8 35 department of corrections shall be eliminated by June 30,
9 1 2011.
9 2 6. The department of corrections shall study the use of
9 3 paramedics at correctional institutions, and file a report
9 4 with the chairpersons and ranking members of the joint
9 5 appropriations subcommittee on the justice system and the
9 6 legislative services agency, detailing the study by January
9 7 15, 2010.
9 8 7. The department of corrections shall implement a
9 9 centralized pharmacy during the fiscal year beginning July 1,
9 10 2009, and file a report with the chairpersons and ranking
9 11 members of the joint appropriations subcommittee on the
9 12 justice system and the legislative services agency. The
9 13 department shall submit the report by September 1, 2010.
9 14 Sec. 5. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL
9 15 SERVICES.
9 16 1. There is appropriated from the general fund of the
9 17 state to the department of corrections for the fiscal year
9 18 beginning July 1, 2009, and ending June 30, 2010, for the
9 19 treatment and supervision of probation and parole violators
9 20 who have been released from the department of corrections
9 21 violator program, the following amounts, or so much thereof as
9 22 is necessary, to be allocated as follows:
9 23 a. For the first judicial district department of
9 24 correctional services:
9 25 .................................................. $ 12,883,094
9 26 As a condition of the funds appropriated in this lettered
9 27 paragraph, the department of corrections shall replace expired
9 28 federal funding by expending at least $140,000 for the dual
9 29 diagnosis program and maintaining 1.25 full=time equivalent
9 30 positions for the program.
9 31 b. For the second judicial district department of
9 32 correctional services:
9 33 .................................................. $ 10,843,473
9 34 c. For the third judicial district department of
9 35 correctional services:
10 1 .................................................. $ 5,718,746
10 2 d. For the fourth judicial district department of
10 3 correctional services:
10 4 .................................................. $ 5,436,248
10 5 e. For the fifth judicial district department of
10 6 correctional services, including funding for electronic
10 7 monitoring devices for use on a statewide basis:
10 8 .................................................. $ 18,958,665
10 9 As a condition of receiving the appropriation in this
10 10 lettered paragraph, the fifth judicial district department of
10 11 correctional services shall reinstate 67 beds in buildings 65
10 12 and 66 at the fort Des Moines facility and resume operating
10 13 the buildings, in addition to maintaining the 199 beds in
10 14 buildings 68 and 70 at the fort Des Moines facility. The
10 15 district department may use inmate labor to upgrade and
10 16 renovate the buildings, if renovation and updating are
10 17 required.
10 18 f. For the sixth judicial district department of
10 19 correctional services:
10 20 .................................................. $ 13,417,533
10 21 g. For the seventh judicial district department of
10 22 correctional services:
10 23 .................................................. $ 6,995,044
10 24 h. For the eighth judicial district department of
10 25 correctional services:
10 26 .................................................. $ 6,919,964
10 27 2. Each judicial district department of correctional
10 28 services, within the funding available, shall continue
10 29 programs and plans established within that district to provide
10 30 for intensive supervision, sex offender treatment, diversion
10 31 of low=risk offenders to the least restrictive sanction
10 32 available, job development, and expanded use of intermediate
10 33 criminal sanctions.
10 34 3. Each judicial district department of correctional
10 35 services shall provide alternatives to prison consistent with
11 1 chapter 901B. The alternatives to prison shall ensure public
11 2 safety while providing maximum rehabilitation to the offender.
11 3 A judicial district department of correctional services may
11 4 also establish a day program.
11 5 4. The governor's office of drug control policy shall
11 6 consider federal grants made to the department of corrections
11 7 for the benefit of each of the eight judicial district
11 8 departments of correctional services as local government
11 9 grants, as defined pursuant to federal regulations.
11 10 5. The department of corrections shall continue to
11 11 contract with a judicial district department of correctional
11 12 services to provide for the rental of electronic monitoring
11 13 equipment which shall be available statewide.
11 14 6. A judicial district department of correctional services
11 15 shall accept into the facilities of the district department,
11 16 offenders assigned from other judicial district departments of
11 17 correctional services.
11 18 Sec. 6. DEPARTMENT OF CORRECTIONS == REALLOCATION OF
11 19 APPROPRIATIONS. Notwithstanding section 8.39, within the
11 20 funds appropriated in this Act to the department of
11 21 corrections, the department may reallocate the funds
11 22 appropriated and allocated as necessary to best fulfill the
11 23 needs of the correctional institutions, administration of the
11 24 department, and the judicial district departments of
11 25 correctional services. However, in addition to complying with
11 26 the requirements of sections 904.116 and 905.8 and providing
11 27 notice to the legislative services agency, the department of
11 28 corrections shall also provide notice to the department of
11 29 management, prior to the effective date of the revision or
11 30 reallocation of an appropriation made pursuant to this
11 31 section. The department shall not reallocate an appropriation
11 32 or allocation for the purpose of eliminating any program.
11 33 Sec. 7. INTENT == REPORTS.
11 34 1. The department in cooperation with townships, the Iowa
11 35 cemetery associations, and other nonprofit or governmental
12 1 entities may use inmate labor during the fiscal year beginning
12 2 July 1, 2009, to restore or preserve rural cemeteries and
12 3 historical landmarks. The department in cooperation with the
12 4 counties may also use inmate labor to clean up roads, major
12 5 water sources, and other water sources around the state.
12 6 2. Each month the department shall provide a status report
12 7 regarding private=sector employment to the legislative
12 8 services agency beginning on July 1, 2009. The report shall
12 9 include the number of offenders employed in the private
12 10 sector, the combined number of hours worked by the offenders,
12 11 and the total amount of allowances, and the distribution of
12 12 allowances pursuant to section 904.702, including any moneys
12 13 deposited in the general fund of the state.
12 14 Sec. 8. ELECTRONIC MONITORING REPORT. The department of
12 15 corrections shall submit a report on electronic monitoring to
12 16 the general assembly, to the co=chairpersons and the ranking
12 17 members of the joint appropriations subcommittee on the
12 18 justice system, and to the legislative services agency by
12 19 January 15, 2010. The report shall specifically address the
12 20 number of persons being electronically monitored and break
12 21 down the number of persons being electronically monitored by
12 22 offense committed. The report shall also include a comparison
12 23 of any data from the prior fiscal year with the current year.
12 24 Sec. 9. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES.
12 25 1. As used in this section, unless the context otherwise
12 26 requires, "state agency" means the government of the state of
12 27 Iowa, including but not limited to all executive branch
12 28 departments, agencies, boards, bureaus, and commissions, the
12 29 judicial branch, the general assembly and all legislative
12 30 agencies, institutions within the purview of the state board
12 31 of regents, and any corporation whose primary function is to
12 32 act as an instrumentality of the state.
12 33 2. State agencies are hereby encouraged to purchase
12 34 products from Iowa state industries, as defined in section
12 35 904.802, when purchases are required and the products are
13 1 available from Iowa state industries. State agencies shall
13 2 obtain bids from Iowa state industries for purchases of office
13 3 furniture during the fiscal year beginning July 1, 2009,
13 4 exceeding $5,000 or in accordance with applicable
13 5 administrative rules related to purchases for the agency.
13 6 Sec. 10. STATE PUBLIC DEFENDER. There is appropriated
13 7 from the general fund of the state to the office of the state
13 8 public defender of the department of inspections and appeals
13 9 for the fiscal year beginning July 1, 2009, and ending June
13 10 30, 2010, the following amounts, or so much thereof as is
13 11 necessary, to be allocated as follows for the purposes
13 12 designated:
13 13 1. For salaries, support, maintenance, miscellaneous
13 14 purposes, and for not more than the following full=time
13 15 equivalent positions:
13 16 .................................................. $ 21,743,182
13 17 ............................................... FTEs 203.00
13 18 2. For the fees of court=appointed attorneys for indigent
13 19 adults and juveniles, in accordance with section 232.141 and
13 20 chapter 815:
13 21 .................................................. $ 24,009,163
13 22 Sec. 11. IOWA LAW ENFORCEMENT ACADEMY.
13 23 1. There is appropriated from the general fund of the
13 24 state to the Iowa law enforcement academy for the fiscal year
13 25 beginning July 1, 2009, and ending June 30, 2010, the
13 26 following amount, or so much thereof as is necessary, to be
13 27 used for the purposes designated:
13 28 For salaries, support, maintenance, miscellaneous purposes,
13 29 including jailer training and technical assistance, and for
13 30 not more than the following full=time equivalent positions:
13 31 .................................................. $ 1,166,033
13 32 ............................................... FTEs 29.55
13 33 It is the intent of the general assembly that the Iowa law
13 34 enforcement academy may provide training of state and local
13 35 law enforcement personnel concerning the recognition of and
14 1 response to persons with Alzheimer's disease.
14 2 The Iowa law enforcement academy may temporarily exceed and
14 3 draw more than the amount appropriated and incur a negative
14 4 cash balance as long as there are receivables equal to or
14 5 greater than the negative balance and the amount appropriated
14 6 in this subsection is not exceeded at the close of the fiscal
14 7 year.
14 8 2. The Iowa law enforcement academy may select at least
14 9 five automobiles of the department of public safety, division
14 10 of state patrol, prior to turning over the automobiles to the
14 11 department of administrative services to be disposed of by
14 12 public auction, and the Iowa law enforcement academy may
14 13 exchange any automobile owned by the academy for each
14 14 automobile selected if the selected automobile is used in
14 15 training law enforcement officers at the academy. However,
14 16 any automobile exchanged by the academy shall be substituted
14 17 for the selected vehicle of the department of public safety
14 18 and sold by public auction with the receipts being deposited
14 19 in the depreciation fund to the credit of the department of
14 20 public safety, division of state patrol.
14 21 Sec. 12. BOARD OF PAROLE. There is appropriated from the
14 22 general fund of the state to the board of parole for the
14 23 fiscal year beginning July 1, 2009, and ending June 30, 2010,
14 24 the following amount, or so much thereof as is necessary, to
14 25 be used for the purposes designated:
14 26 For salaries, support, maintenance, miscellaneous purposes,
14 27 and for not more than the following full=time equivalent
14 28 positions:
14 29 .................................................. $ 1,161,399
14 30 ............................................... FTEs 18.50
14 31 Sec. 13. DEPARTMENT OF PUBLIC DEFENSE. There is
14 32 appropriated from the general fund of the state to the
14 33 department of public defense for the fiscal year beginning
14 34 July 1, 2009, and ending June 30, 2010, the following amounts,
14 35 or so much thereof as is necessary, to be used for the
15 1 purposes designated:
15 2 1. MILITARY DIVISION
15 3 For salaries, support, maintenance, miscellaneous purposes,
15 4 and for not more than the following full=time equivalent
15 5 positions:
15 6 .................................................. $ 6,249,201
15 7 ............................................... FTEs 313.30
15 8 The military division may temporarily exceed and draw more
15 9 than the amount appropriated and incur a negative cash balance
15 10 as long as there are receivables of federal funds equal to or
15 11 greater than the negative balance and the amount appropriated
15 12 in this subsection is not exceeded at the close of the fiscal
15 13 year.
15 14 2. HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION
15 15 For salaries, support, maintenance, miscellaneous purposes,
15 16 and for not more than the following full=time equivalent
15 17 positions:
15 18 .................................................. $ 2,038,119
15 19 ............................................... FTEs 33.10
15 20 The homeland security and emergency management division may
15 21 temporarily exceed and draw more than the amount appropriated
15 22 and incur a negative cash balance as long as there are
15 23 receivables of federal funds equal to or greater than the
15 24 negative balance and the amount appropriated in this
15 25 subsection is not exceeded at the close of the fiscal year.
15 26 It is the intent of the general assembly that the homeland
15 27 security and emergency management division work in conjunction
15 28 with the department of public safety, to the extent possible,
15 29 when gathering and analyzing information related to potential
15 30 domestic or foreign security threats, and when monitoring such
15 31 threats.
15 32 Sec. 14. DEPARTMENT OF PUBLIC SAFETY. There is
15 33 appropriated from the general fund of the state to the
15 34 department of public safety for the fiscal year beginning July
15 35 1, 2009, and ending June 30, 2010, the following amounts, or
16 1 so much thereof as is necessary, to be used for the purposes
16 2 designated:
16 3 1. For the department's administrative functions,
16 4 including the criminal justice information system, and for not
16 5 more than the following full=time equivalent positions:
16 6 .................................................. $ 4,391,190
16 7 ............................................... FTEs 39.00
16 8 2. For the division of criminal investigation, including
16 9 the state's contribution to the peace officers' retirement,
16 10 accident, and disability system provided in chapter 97A in the
16 11 amount of the state's normal contribution rate, as defined in
16 12 section 97A.8, multiplied by the salaries for which the funds
16 13 are appropriated, to meet federal fund matching requirements,
16 14 and for not more than the following full=time equivalent
16 15 positions:
16 16 .................................................. $ 21,125,270
16 17 .............................................. FTEs 287.50
16 18 If any of the Indian tribes fail to pay for 1.00 FTE
16 19 pursuant to the agreements or compacts entered into between
16 20 the state and the Indian tribes pursuant to section 10A.104,
16 21 subsection 10, the number of full=time equivalent positions
16 22 authorized under this subsection is reduced by 1.00 FTE.
16 23 The department shall employ one additional special agent
16 24 and one additional criminalist for the purpose of
16 25 investigating cold cases. Prior to employing the additional
16 26 special agent and criminalist authorized in this paragraph,
16 27 the department shall provide a written statement to
16 28 prospective employees that states to the effect that the
16 29 positions are being funded by a temporary federal grant and
16 30 there are no assurances that funds from other sources will be
16 31 available after the federal funding expires. If the federal
16 32 funding for the additional positions expires during the fiscal
16 33 year, the number of full=time equivalent positions authorized
16 34 in this subsection is reduced by 2.00 FTEs.
16 35 The department of public safety, with the approval of the
17 1 department of management, may employ no more than two special
17 2 agents and four gaming enforcement officers for each
17 3 additional riverboat or gambling structure regulated after
17 4 July 1, 2009, and one special agent for each racing facility
17 5 which becomes operational during the fiscal year which begins
17 6 July 1, 2009. One additional gaming enforcement officer, up
17 7 to a total of four per riverboat or gambling structure, may be
17 8 employed for each riverboat or gambling structure that has
17 9 extended operations to 24 hours and has not previously
17 10 operated with a 24=hour schedule. Positions authorized in
17 11 this paragraph are in addition to the full=time equivalent
17 12 positions otherwise authorized in this subsection.
17 13 3. For the criminalistics laboratory fund created in
17 14 section 691.9:
17 15 .................................................. $ 335,939
17 16 4. a. For the division of narcotics enforcement,
17 17 including the state's contribution to the peace officers'
17 18 retirement, accident, and disability system provided in
17 19 chapter 97A in the amount of the state's normal contribution
17 20 rate, as defined in section 97A.8, multiplied by the salaries
17 21 for which the funds are appropriated, to meet federal fund
17 22 matching requirements, and for not more than the following
17 23 full=time equivalent positions:
17 24 .................................................. $ 6,386,274
17 25 ............................................... FTEs 81.00
17 26 b. For the division of narcotics enforcement for
17 27 undercover purchases:
17 28 .................................................. $ 121,158
17 29 5. For the division of state fire marshal, for fire
17 30 protection services as provided through the state fire service
17 31 and emergency response council as created in the department,
17 32 and for the state's contribution to the peace officers'
17 33 retirement, accident, and disability system provided in
17 34 chapter 97A in the amount of the state's normal contribution
17 35 rate, as defined in section 97A.8, multiplied by the salaries
18 1 for which the funds are appropriated, and for not more than
18 2 the following full=time equivalent positions:
18 3 .................................................. $ 3,988,892
18 4 ............................................... FTEs 59.00
18 5 6. For the division of state patrol, for salaries,
18 6 support, maintenance, workers' compensation costs, and
18 7 miscellaneous purposes, including the state's contribution to
18 8 the peace officers' retirement, accident, and disability
18 9 system provided in chapter 97A in the amount of the state's
18 10 normal contribution rate, as defined in section 97A.8,
18 11 multiplied by the salaries for which the funds are
18 12 appropriated, and for not more than the following full=time
18 13 equivalent positions:
18 14 .................................................. $ 50,068,094
18 15 ............................................... FTEs 536.00
18 16 It is the intent of the general assembly that members of
18 17 the state patrol be assigned to patrol the highways and roads
18 18 in lieu of assignments for inspecting school buses for the
18 19 school districts.
18 20 7. For deposit in the sick leave benefits fund established
18 21 under section 80.42 for all departmental employees eligible to
18 22 receive benefits for accrued sick leave under the collective
18 23 bargaining agreement:
18 24 .................................................. $ 310,575
18 25 8. For costs associated with the training and equipment
18 26 needs of volunteer fire fighters:
18 27 .................................................. $ 680,421
18 28 Notwithstanding section 8.33, moneys appropriated in this
18 29 subsection that remain unencumbered or unobligated at the
18 30 close of the fiscal year shall not revert but shall remain
18 31 available for expenditure only for the purpose designated in
18 32 this subsection until the close of the succeeding fiscal year.
18 33 Notwithstanding section 8.39, within the funds appropriated
18 34 in this section the department of public safety may reallocate
18 35 funds as necessary to best fulfill the needs provided for in
19 1 the appropriation. However, the department shall not
19 2 reallocate an appropriation made to the department in this
19 3 section unless notice of the reallocation is given to the
19 4 legislative services agency and the department of management
19 5 prior to the effective date of the reallocation. The notice
19 6 shall include information about the rationale for reallocating
19 7 the appropriation. The department shall not reallocate an
19 8 appropriation made in this section for the purpose of
19 9 eliminating any program.
19 10 Sec. 15. CIVIL RIGHTS COMMISSION. There is appropriated
19 11 from the general fund of the state to the Iowa state civil
19 12 rights commission for the fiscal year beginning July 1, 2009,
19 13 and ending June 30, 2010, the following amount, or so much
19 14 thereof as is necessary, to be used for the purposes
19 15 designated:
19 16 For salaries, support, maintenance, miscellaneous purposes,
19 17 and for not more than the following full=time equivalent
19 18 positions:
19 19 .................................................. $ 1,533,179
19 20 ............................................... FTEs 29.50
19 21 The Iowa state civil rights commission may enter into a
19 22 contract with a nonprofit organization to provide legal
19 23 assistance to resolve civil rights complaints.
19 24 Sec. 16. IOWA COMMUNICATIONS NETWORK. It is the intent of
19 25 the general assembly that the executive branch agencies
19 26 receiving an appropriation in this Act utilize the Iowa
19 27 communications network or other electronic communications in
19 28 lieu of traveling for the fiscal year addressed by the
19 29 appropriations.
19 30 Sec. 17. HOMELAND SECURITY AND EMERGENCY MANAGEMENT
19 31 DIVISION. There is appropriated from the wireless E911
19 32 emergency communications fund created in section 34A.7A to the
19 33 administrator of the homeland security and emergency
19 34 management division of the department of public defense for
19 35 the fiscal year beginning July 1, 2009, and ending June 30,
20 1 2010, an amount not exceeding $200,000 to be used for
20 2 implementation, support, and maintenance of the functions of
20 3 the administrator and program manager under chapter 34A and to
20 4 employ the auditor of the state to perform an annual audit of
20 5 the wireless E911 emergency communications fund.
20 6 Sec. 18. IOWA LAW ENFORCEMENT ACADEMY == FEES.
20 7 Notwithstanding section 80B.11B, the Iowa law enforcement
20 8 academy may charge more than one=half the cost of providing
20 9 the basic training course if a majority of the Iowa law
20 10 enforcement academy council authorizes charging more than one=
20 11 half of the cost of providing basic training. This section is
20 12 repealed on June 30, 2010.
20 13 Sec. 19. INTERIM REPORTING == IMPLEMENTATION. The board
20 14 of parole shall develop and implement the certificate of
20 15 employability program as provided in section 906.19. The
20 16 board shall file an interim status report regarding the
20 17 certificate of employability program development with the
20 18 general assembly and the legislative services agency by
20 19 January 1, 2010.
20 20 Sec. 20. CONSUMER EDUCATION AND LITIGATION FUND.
20 21 Notwithstanding section 714.16C, for each fiscal year of the
20 22 period beginning July 1, 2008, and ending June 30, 2011, the
20 23 annual appropriations in section 714.16C, are increased from
20 24 $1,125,000 to $1,875,000, and $75,000 to $125,000
20 25 respectively. Moneys appropriated from the consumer education
20 26 and litigation fund may be allocated for cash flow purposes to
20 27 the victim compensation fund established in section 915.94
20 28 during each of the fiscal years enumerated, provided that any
20 29 moneys so allocated are returned to the consumer education and
20 30 litigation fund by the end of each fiscal year an allocation
20 31 occurs.
20 32 Sec. 21. SUPERVISOR AND EMPLOYEE RATIO. The department of
20 33 administrative services and the executive branch agencies
20 34 receiving appropriations in this Act shall pursue a goal of
20 35 achieving a ratio of fourteen employees per supervisor in such
21 1 agencies, by December 31, 2009.
21 2 Sec. 22. Section 13B.4, subsection 2, Code 2009, is
21 3 amended to read as follows:
21 4 2. The state public defender shall file a notice with the
21 5 clerk of the district court in each county served by a public
21 6 defender designating which public defender office shall
21 7 receive notice of appointment of cases. The state public
21 8 defender may also designate enter into a contract with a
21 9 nonprofit organization which has a contract with the state
21 10 public defender to or an attorney, designating that the
21 11 nonprofit organization or attorney provide legal services to
21 12 eligible indigent persons as the state public defender's
21 13 designee. In each county in which the state public defender
21 14 files a designation, the state public defender's designee
21 15 shall be appointed by the court to represent all eligible
21 16 persons or to serve as guardian ad litem for eligible children
21 17 in juvenile court in all cases and proceedings specified in
21 18 the designation. The appointment shall not be made if the
21 19 state public defender or the state public defender's designee
21 20 notifies the court that the state public defender's designee
21 21 will not provide services in certain cases as identified in
21 22 the designation by the state public defender.
21 23 Sec. 23. Section 13B.4, subsection 4, paragraph c,
21 24 subparagraph (2), subparagraph division (d), Code 2009, is
21 25 amended to read as follows:
21 26 (d) If the claimant was appointed contrary to section
21 27 814.11 or 815.10, or the claimant failed to comply with
21 28 section 814.11, subsection 6, or section 815.10, subsection 5.
21 29 Sec. 24. Section 216.15, subsection 3, paragraph a, Code
21 30 2009, is amended to read as follows:
21 31 a. After the filing of a verified complaint, a true copy
21 32 shall be served within twenty days on the person against whom
21 33 the complaint is filed, except as provided in subsection 3A.
21 34 If the first named respondent on a complaint is not a
21 35 governmental entity, service of a true copy on the respondent
22 1 shall be by certified mail. An authorized member of the
22 2 commission staff shall make a prompt investigation and shall
22 3 issue a recommendation to an administrative law judge employed
22 4 either by the commission or by the division of administrative
22 5 hearings created by section 10A.801, who shall then issue a
22 6 determination of probable cause or no probable cause.
22 7 Sec. 25. Section 216.15, Code 2009, is amended by adding
22 8 the following new subsection:
22 9 NEW SUBSECTION. 3A. a. The commission may permit service
22 10 of a complaint on a respondent by regular or electronic mail.
22 11 If the respondent does not respond to the service by regular
22 12 or electronic mail after ninety days, the commission shall
22 13 serve the complaint on the respondent by certified mail within
22 14 twenty days after the expiration of the ninety=day response
22 15 period to service by regular or electronic mail.
22 16 b. The commission may also permit a party to file a
22 17 response to a complaint, a document, information, or other
22 18 material, by electronic mail.
22 19 c. The commission may issue a notice, determination,
22 20 order, subpoena, request, correspondence, or any other
22 21 document issued by the commission, by electronic mail.
22 22 Sec. 26. NEW SECTION. 216.21 DOCUMENTS TO ATTORNEY OR
22 23 PARTY.
22 24 If a party is represented by an attorney during the
22 25 proceedings of the commission, with permission of the attorney
22 26 for the party or of the party, the commission shall provide
22 27 copies of all relevant documents including an order or
22 28 decision to either the attorney for the party or the party,
22 29 but not to both.
22 30 Sec. 27. Section 904.315, unnumbered paragraph 2, Code
22 31 2009, is amended to read as follows:
22 32 A contract is not required for improvements at a state
22 33 institution where the labor of inmates is to be used if the
22 34 contract is not for a construction, reconstruction,
22 35 demolition, or repair project or improvement with an estimated
23 1 cost in excess of twenty=five fifty thousand dollars.
23 2 Sec. 28. Section 915.86, subsection 1, Code 2009, is
23 3 amended by adding the following new paragraphs:
23 4 NEW PARAGRAPH. a. The department shall establish the
23 5 rates at which it will pay charges for medical care.
23 6 NEW PARAGRAPH. b. If the department awards compensation,
23 7 in full, at the established rate for medical care, and the
23 8 medical provider accepts the payment, the medical provider
23 9 shall hold harmless the victim for any amount not collected
23 10 that is more than the rate established by the department.
23 11 Sec. 29. EFFECTIVE DATE. The section of this Act
23 12 increasing appropriations pursuant to section 714.16C, being
23 13 deemed of immediate importance, takes effect upon enactment
23 14 and applies retroactively to April 1, 2009.
23 15 EXPLANATION
23 16 This bill makes appropriations from the general fund of the
23 17 state for fiscal year 2009=2010 to the departments of justice,
23 18 corrections, public defense, and public safety, and the Iowa
23 19 law enforcement academy, office of consumer advocate, office
23 20 of the state public defender, board of parole, and Iowa state
23 21 civil rights commission.
23 22 The bill allows the department of justice to transfer
23 23 moneys from the victim compensation fund to the victim
23 24 assistance grant program.
23 25 The bill permits the department of justice to establish the
23 26 rates at which the department awards compensation for medical
23 27 care expenses from the victim compensation fund. Under the
23 28 bill, if the department of justice awards compensation, in
23 29 full, and the medical provider accepts the payment, the
23 30 medical care provider shall hold harmless the victim for any
23 31 amount not collected that is more than the rate established by
23 32 the department.
23 33 For the fiscal period beginning July 1, 2008, and ending
23 34 June 30, 2011, the bill increases the annual appropriations
23 35 from the consumer education and litigation fund in Code
24 1 section 714.16C, to the department of justice. The bill
24 2 permits the moneys appropriated from the consumer education
24 3 and litigation fund to be allocated to the victim compensation
24 4 fund for cash flow purposes, if the moneys so allocated are
24 5 returned to the consumer and education litigation fund by the
24 6 end of each fiscal year an allocation occurs. The provision
24 7 takes effect upon enactment and applies retroactively to April
24 8 1, 2009.
24 9 The bill requires the department of justice to cooperate
24 10 with the auditor of state in preparing a report detailing
24 11 reimbursement moneys received by the department for services
24 12 performed on behalf of state agencies.
24 13 The bill requires the department of corrections to operate
24 14 the John Bennett facility either as an institution of the
24 15 department or a community=based correctional facility.
24 16 The bill eliminates the chief security officer position
24 17 within the department of corrections by June 30, 2011.
24 18 The bill requires the department of corrections to study
24 19 the use of paramedics at correctional institutions, and file a
24 20 report with the ranking members of the joint appropriations
24 21 subcommittee on the justice system and the legislative
24 22 services agency, detailing the study by January 15, 2010.
24 23 The bill requires the department of corrections to
24 24 implement a centralized pharmacy during the fiscal year
24 25 beginning July 1, 2009.
24 26 Under the bill, a contract is not required for improvements
24 27 at a state institution where the labor of inmates is used and
24 28 the estimated cost of the improvement does not exceed $50,000.
24 29 Currently, an improvement using inmate labor shall not exceed
24 30 $25,000.
24 31 The bill provides that the department of corrections may
24 32 reallocate appropriated funds between the institutions of the
24 33 department of corrections, the department's administration,
24 34 and the judicial district departments of correctional
24 35 services. The bill provides the department, prior to the
25 1 effective date of any reallocation, must provide notice to the
25 2 department of management, the legislative services agency, and
25 3 the district board of any judicial district department of
25 4 correctional services affected by the reallocation.
25 5 The bill provides that as a condition of receiving an
25 6 appropriation, the fifth judicial district department of
25 7 correctional services shall reinstate 67 beds in buildings 65
25 8 and 66 at the Fort Des Moines facility, in addition to
25 9 maintaining the 199 beds in buildings 68 and 70 at the Fort
25 10 Des Moines facility.
25 11 The bill amends Code section 13B.4 to allow the state
25 12 public defender to enter into a contract with an attorney
25 13 designating that the attorney provide legal services to
25 14 eligible indigent persons as the state public defender's
25 15 designee. Under the bill, if the state public defender files
25 16 such a designation in a county, the attorney shall be
25 17 appointed by the court to represent all eligible indigent
25 18 persons in all cases specified in the designation. Currently,
25 19 only a nonprofit organization is allowed to act as the state
25 20 public defender's designee in a county where such a
25 21 designation exists.
25 22 The bill also amends Code section 13B.4 to specify that the
25 23 state public defender may deny a claim for indigent defense
25 24 fees and expenses if the attorney was appointed contrary to
25 25 the provisions of Code section 815.10. The bill also
25 26 specifies that the state public defender may deny a claim for
25 27 indigent defense fees and expenses if the appointment of the
25 28 attorney is not on a rotational basis, considering the
25 29 experience of the attorney and the difficulty of the case.
25 30 The bill addresses Code section 80B.11B to provide that for
25 31 FY 2009=2010 the Iowa law enforcement academy may charge a
25 32 department of the state, a member of a police force, or any
25 33 political subdivision of the state more than one=half of the
25 34 cost to provide the basic training course for a law
25 35 enforcement officer, provided a majority of the Iowa law
26 1 enforcement council approves such a charge. Current law
26 2 prohibits the Iowa law enforcement academy from charging more
26 3 than one=half of the cost of providing the basic training
26 4 course.
26 5 The bill also appropriates moneys, not to exceed $200,000,
26 6 from the wireless E911 emergency communications fund to the
26 7 homeland security and emergency management division for
26 8 implementation, support, and maintenance of the functions of
26 9 the administrator and program manager of the E911 emergency
26 10 system.
26 11 The bill provides that the department of public safety may
26 12 reallocate the funds appropriated to the department between
26 13 the divisions of the department. The bill provides that the
26 14 department, prior to the effective date of any reallocation,
26 15 must provide notice of the reallocation to the department of
26 16 management and the legislative services agency.
26 17 The bill amends Code section 216.15 to permit, but not
26 18 require, the Iowa state civil rights commission to serve a
26 19 complaint on a respondent by regular or electronic mail. If
26 20 the respondent does not respond to the service by regular or
26 21 electronic mail within 90 days of the mailing, the bill
26 22 requires the commission to serve the complaint on the
26 23 respondent by certified mail within 20 days of the expiration
26 24 of the 90=day response period to service by regular or
26 25 electronic mail. Currently, a complaint is required to be
26 26 served on the respondent within 20 days of being filed by
26 27 certified mail.
26 28 The bill also amends Code section 216.15 to permit the Iowa
26 29 state civil rights commission to issue a notice,
26 30 determination, order, subpoena, request, correspondence, or
26 31 any other document issued by the commission, by electronic
26 32 mail.
26 33 The bill amends Code section 216.15 to permit the Iowa
26 34 state civil rights commission to permit a party to a complaint
26 35 to file a response, a document, information, or other material
27 1 by electronic mail.
27 2 New Code section 216.21 permits the Iowa state civil rights
27 3 commission to mail certain documents to a party to a complaint
27 4 or the attorney for the party, but not to both.
27 5 LSB 1005SV 83
27 6 jm/jp/24