S.F. _____ H.F. _____ Section 1. Section 216A.131, Code 2009, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 1A. “Board” means the public safety 3 advisory board. 4 Sec. 2. Section 216A.132, Code 2009, is amended to read as 5 follows: 6 216A.132 Council established —— terms —— compensation. 7 1. A criminal and juvenile justice planning advisory 8 council is established consisting of twenty-three twenty-five 9 members. 10 a. The governor shall appoint seven five members each for 11 a four-year term beginning and ending as provided in section 12 69.19 and subject to confirmation by the senate as follows: 13 (1) Three Two persons, each of whom is a county 14 supervisor, county sheriff , mayor, or a city chief of police , 15 or county attorney . 16 (2) Two persons who represent the general public and are 17 not employed in any law enforcement, judicial, or corrections 18 capacity are knowledgeable about Iowa’s juvenile justice 19 system . 20 (3) Two persons who are knowledgeable about Iowa’s juvenile 21 justice system One person representing a crime victim group . 22 b. The departments of human services, corrections, and 23 public safety, the division on the status of African-Americans, 24 the Iowa department of public health, the chairperson of 25 the board of parole, the attorney general, the state public 26 defender, and the governor’s office of drug control policy, and 27 the chief justice of the supreme court shall each designate a 28 person to serve on the council. The person appointed by the 29 Iowa department of public health shall be from the departmental 30 staff who administer the comprehensive substance abuse program 31 under chapter 125 . 32 c. The chief justice of the supreme court shall appoint two 33 additional members currently serving as district judges one 34 member who is a district judge and one member who is either 35 -1- LSB 5019IC (10) 83 jm/nh 1/ 9

S.F. _____ H.F. _____ a district associate judge or associate juvenile judge . 1 Two members of the senate and two members of the house 2 of representatives shall be ex officio members and shall 3 be appointed by the majority and minority leaders of the 4 senate and the speaker and minority leader of the house of 5 representatives pursuant to section 69.16 and shall serve 6 terms as provided in section 69.16B . The chairperson and 7 ranking member of the senate committee on judiciary shall be 8 members. In alternating four-year intervals, the chairperson 9 and ranking member of the house committee on judiciary or of 10 the house committee on public safety shall be members, with the 11 chairperson and ranking member of the house committee on public 12 safety serving during the initial interval. Nonlegislative 13 members appointed pursuant to this paragraph shall serve for 14 four-year terms beginning and ending as provided in section 15 69.19 unless the member ceases to serve as a district court 16 judge. 17 d. The Iowa state bar association and the American civil 18 liberties union of Iowa shall each designate a person to serve 19 on the council. 20 e. Two members representing peace officers shall be 21 designated by the Iowa association of chiefs of police and 22 peace officers, the Iowa state troopers association, and the 23 Iowa state sheriffs’ and deputies’ association on a rotating 24 basis. Every four years two of the associations shall 25 designate one peace officer from their respective association 26 who is not in a supervisory position at the peace officer’s 27 place of employment to serve a four-year term. The Iowa 28 association of chiefs of police and peace officers and the Iowa 29 state troopers association shall designate the initial peace 30 officer members. 31 f. The Iowa county attorneys association shall designate a 32 person to serve on the council. 33 2. Members of the council shall receive reimbursement from 34 the state for actual and necessary expenses incurred in the 35 -2- LSB 5019IC (10) 83 jm/nh 2/ 9

S.F. _____ H.F. _____ performance of their official duties. Members may also be 1 eligible to receive compensation as provided in section 7E.6. 2 Sec. 3. Section 216A.133, subsection 1, Code 2009, is 3 amended to read as follows: 4 1. Identify issues and analyze the operation and impact 5 of present criminal and juvenile justice policy and make 6 recommendations for policy changes , including recommendations 7 pertaining to efforts to curtail criminal gang activity . 8 Sec. 4. Section 216A.133, Code 2009, is amended by adding 9 the following new subsections: 10 NEW SUBSECTION . 8. Determine members of the public safety 11 advisory board pursuant to section 216A.133A. 12 NEW SUBSECTION . 9. Coordinate with the administrator to 13 develop and make recommendations to the department director 14 pursuant to section 216A.2. 15 NEW SUBSECTION . 10. Serve as a liaison between the general 16 public and the division. 17 NEW SUBSECTION . 11. Establish advisory committees to study 18 special issues. 19 Sec. 5. NEW SECTION . 216A.133A Public safety advisory board 20 —— duties. 21 1. A public safety advisory board is established whose 22 membership shall be determined by the criminal and juvenile 23 justice planning advisory council and shall consist of current 24 members of the council. Any actions taken by the board shall 25 be considered separate and distinct from the council. 26 2. The purpose of the board is to provide the general 27 assembly with an analysis of current and proposed criminal code 28 provisions. 29 3. The duties of the board shall consist of the following: 30 a. Reviewing and making recommendations relating to current 31 sentencing provisions. In reviewing such provisions the board 32 shall consider the impact on all of the following: 33 (1) Potential disparity in sentencing. 34 (2) Truth in sentencing. 35 -3- LSB 5019IC (10) 83 jm/nh 3/ 9

S.F. _____ H.F. _____ (3) Victims. 1 (4) The proportionality of specific sentences. 2 (5) Sentencing procedures. 3 (6) Costs associated with the implementation of criminal 4 code provisions, including costs to the judicial branch, 5 department of corrections, and judicial district departments 6 of correctional services, costs for representing indigent 7 defendants, and costs incurred by political subdivisions of the 8 state. 9 (7) Best practices related to the department of corrections 10 including recidivism rates, safety and efficient use of 11 correctional staff, and compliance with correctional standards 12 set by the federal government and other jurisdictions. 13 (8) Best practices related to the Iowa child death review 14 team established in section 135.43 and the Iowa domestic abuse 15 death review team established in section 135.109. 16 b. Reviewing and making recommendations relating to proposed 17 legislation, in accordance with paragraph “a” , as set by rule 18 by the general assembly or as requested by the executive or 19 judicial branch proposing such legislation. 20 c. Providing expertise and advice to the legislative 21 services agency, the department of corrections, the 22 judicial branch, and others charged with formulating fiscal, 23 correctional, or minority impact statements. 24 d. Reviewing data supplied by the division, the department 25 of management, the legislative services agency, the Iowa 26 supreme court, and other departments or agencies for the 27 purpose of determining the effectiveness and efficiency of the 28 collection of such data. 29 4. The board may call upon any department, agency, or office 30 of the state, or any political subdivision of the state, for 31 information or assistance as needed in the performance of its 32 duties. The information or assistance shall be furnished to 33 the extent that it is within the resources and authority of 34 the department, agency, office, or political subdivision. 35 -4- LSB 5019IC (10) 83 jm/nh 4/ 9

S.F. _____ H.F. _____ This section does not require the production or opening of 1 any records which are required by law to be kept private or 2 confidential. 3 5. The board shall report to the legislative government 4 oversight committee all sources of funding by December 1 of 5 each year. 6 6. Membership on the board shall be bipartisan as provided 7 in section 69.16 and gender balanced as provided in section 8 69.16A. 9 7. Meetings of the board shall be open to the public as 10 provided in chapter 21. 11 8. Members of the board shall receive reimbursement from 12 the state for actual and necessary expenses incurred in the 13 performance of their official duties. Members may also be 14 eligible to receive compensation as provided in section 7E.6. 15 Sec. 6. Section 216A.135, unnumbered paragraph 1, Code 16 2009, is amended to read as follows: 17 Beginning in 1989, and every five years thereafter, the 18 division shall develop a twenty-year criminal and juvenile 19 justice plan for the state which shall include ten-year, 20 fifteen-year, and twenty-year goals and a comprehensive 21 five-year plan for criminal and juvenile justice programs. 22 The five-year plan shall be updated annually and each 23 twenty-year plan and annual updates of the five-year plan 24 shall be submitted to the governor and the general assembly by 25 February December 1. 26 Sec. 7. APPOINTMENTS TO CRIMINAL AND JUVENILE JUSTICE 27 PLANNING ADVISORY COUNCIL. Notwithstanding chapter 69, 28 vacant positions on the criminal and juvenile justice planning 29 advisory council shall be filled in accordance with this 30 section. The member appointed to represent a crime victim 31 group on the criminal and juvenile justice planning advisory 32 council pursuant to this Act shall replace both general public 33 members appointed by the governor pursuant to section 216A.132, 34 subsection 1, paragraph “a” , subparagraph (2), Code 2009, as 35 -5- LSB 5019IC (10) 83 jm/nh 5/ 9

S.F. _____ H.F. _____ of July 1, 2010, and shall serve a four-year term beginning 1 July 1, 2010. The member designated by the chief justice of 2 the supreme court pursuant to section 216A.132, subsection 1, 3 paragraph “b” , Code 2009, shall cease being a member of the 4 council on June 30, 2010. A member appointed by the chief 5 justice pursuant to section 216A.132, subsection 1, paragraph 6 “c” , Code 2009, shall cease being a member of the council 7 on June 30, 2010, and the member who is either a district 8 associate judge or associate juvenile judge shall become a 9 member July 1, 2010. The Iowa state bar association, the 10 American civil liberties union of Iowa, the Iowa association of 11 chiefs of police and peace officers, the Iowa state troopers 12 association, and the Iowa county attorneys association shall 13 each designate a person to serve on the council beginning July 14 1, 2010. 15 Sec. 8. IMPLEMENTATION —— FUNDING. The section of this 16 Act amending section 216A.133 by expanding the duties of 17 the criminal and juvenile justice planning advisory council 18 and the section of this Act creating new section 216A.133A, 19 establishing the public safety advisory board shall not be 20 implemented until sufficient funding has been appropriated 21 to implement the expanded duties of the council and the 22 establishment of the board. 23 EXPLANATION 24 This bill relates to the criminal and juvenile justice 25 planning advisory council and the establishment of a public 26 safety advisory board. 27 The bill reduces the number of gubernatorial appointments to 28 the council from seven to five. The bill requires the governor 29 to appoint a county sheriff or a chief of police to fill two 30 appointments to the council rather than the three appointments 31 currently representing county supervisors, sheriffs, mayors, 32 chiefs of police, or county attorneys. 33 The bill eliminates two public member positions appointed to 34 the council by the governor and adds a member representing a 35 -6- LSB 5019IC (10) 83 jm/nh 6/ 9

S.F. _____ H.F. _____ crime victim group who is appointed by the governor. 1 The bill eliminates a member position on the council who 2 is designated by the chief justice of the supreme court. 3 The bill also revises the judicial members to be appointed 4 by the chief justice to include one district judge and one 5 district associate judge or associate juvenile judge. The 6 bill also specifies that the four legislative members shall 7 be the chairperson and ranking member of the senate judiciary 8 committee and the chairperson and ranking member of the house 9 judiciary committee or of the house public safety committee, 10 in alternate four-year terms. 11 The bill adds a member on the council designated by the Iowa 12 state bar association, a member designated by the American 13 civil liberties union of Iowa, and a member designated by the 14 Iowa county attorneys association. The bill also adds two 15 members on the council designated by the Iowa association of 16 chiefs of police and peace officers, the Iowa state troopers 17 association, or the Iowa state sheriffs’ and deputies’ 18 association who are not in a supervisory position at the peace 19 officer’s place of employment to serve alternating four-year 20 terms beginning with members designated by the Iowa association 21 of chiefs of police and peace officers designee and the Iowa 22 state troopers association designee. 23 The bill expands the duties of the criminal and juvenile 24 justice planning advisory council. The bill requires the 25 council to coordinate with the administrator of the division 26 of criminal and juvenile justice planning to develop and make 27 recommendations to the director of the department of human 28 rights. The bill also requires the council to serve as a 29 liaison between the general public and the division of criminal 30 and juvenile justice planning. 31 The bill establishes a public safety advisory board, to 32 be comprised of members of the council, as determined by the 33 council. The bill provides that any actions taken by the board 34 shall be considered separate and distinct from the criminal 35 -7- LSB 5019IC (10) 83 jm/nh 7/ 9

S.F. _____ H.F. _____ and juvenile justice planning advisory council. The duties 1 of the board consist of reviewing and making recommendations 2 relating to current sentencing provisions. The bill requires 3 that in reviewing current sentencing provisions, the board 4 shall consider the impact on the following: potential 5 disparity in sentencing, truth in sentencing, the victim, the 6 proportionality of the sentence, sentencing procedures, costs, 7 and best practices of the department of corrections, the Iowa 8 child death review team, and the Iowa domestic abuse death 9 review team. 10 The bill also provides that the board shall review proposed 11 legislation, as set by rule by the general assembly or as 12 requested by executive branch or judicial branch. 13 The bill provides that the board shall provide expertise 14 and advice to the legislative fiscal bureau, the department 15 of corrections, the judicial branch, and other departments or 16 agencies charged with formulating fiscal, correctional, and 17 minority impact statements. 18 The bill provides that the board shall review data provided 19 by the division of criminal and juvenile justice and planning, 20 the department of management, the legislative fiscal bureau, 21 the judicial branch, and other departments or agencies for the 22 purpose of determining the effectiveness and efficiency of the 23 collection of such data. 24 The bill requires the board to report to the legislative 25 government oversight committee all sources of funding by 26 December 1 of each year. 27 The bill allows the board to call upon any department, 28 agency, or office of the state, or any political subdivision 29 of the state, for information or assistance as needed in the 30 performance of its duties and the information or assistance 31 shall be furnished to the extent that it is within the 32 resources and authority of the department, agency, office, 33 or political subdivision. The bill does not require the 34 production or opening of any records which are required by law 35 -8- LSB 5019IC (10) 83 jm/nh 8/ 9

S.F. _____ H.F. _____ to be kept private or confidential. 1 The bill requires the division of criminal and juvenile 2 justice planning to submit plans and annual updates to plans 3 relating to criminal and juvenile justice programs by December 4 1 each year. The plans and annual updates are to be submitted 5 to the governor and the general assembly. Current law requires 6 the plans and annual updates to the plans be submitted to the 7 governor and general assembly by February 1 of each year. 8 The sections of the bill expanding the duties of the criminal 9 and juvenile justice planning advisory council and establishing 10 the public safety advisory board shall not be implemented 11 until sufficient funding has been appropriated to implement 12 the expanded duties of the council or the establishment of the 13 board. 14 -9- LSB 5019IC (10) 83 jm/nh 9/ 9