SSB 3156 (LSB 5019IC (10) 83)

SENATE/HOUSE FILE _____

BY  (PROPOSED CRIMINAL CODE REORGANIZATION STUDY COMMITTEE BILL)

A BILL FOR

An Act relating to the criminal and juvenile justice planning advisory council, establishing a public safety advisory board, and providing for implementation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 216A.131, Code 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  “Board” means the public safety advisory board.
    Sec. 2.  Section 216A.132, Code 2009, is amended to read as follows:
   216A.132  Council established —— terms —— compensation.
   1.  A criminal and juvenile justice planning advisory

 council is established consisting of twenty-three twenty-five 

members.
   a.  The governor shall appoint seven five members each for a four-year term beginning and ending as provided in section 69.19 and subject to confirmation by the senate as follows:
   (1)  Three Two persons, each of whom is a county supervisor, county sheriff, mayor, or a city chief of police, or county attorney.
   (2)  Two persons who represent the general public and are not employed in any law enforcement, judicial, or corrections capacity are knowledgeable about Iowa’s juvenile justice system.
   (3)  Two persons who are knowledgeable about Iowa’s juvenile justice system One person representing a crime victim group.
   b.  The departments of human services, corrections, and public safety, the division on the status of African-Americans, the Iowa department of public health, the chairperson of the board of parole, the attorney general, the state public defender, and the governor’s office of drug control policy, and the chief justice of the supreme court shall each designate a person to serve on the council. The person appointed by the Iowa department of public health shall be from the departmental staff who administer the comprehensive substance abuse program under chapter 125.
   c.  The chief justice of the supreme court shall appoint two additional members currently serving as district judges one member who is a district judge and one member who is either a district associate judge or associate juvenile judge. Two members of the senate and two members of the house of representatives shall be ex officio members and shall be appointed by the majority and minority leaders of the senate and the speaker and minority leader of the house of representatives pursuant to section 69.16 and shall serve terms as provided in section 69.16B.  The chairperson and ranking member of the senate committee on judiciary shall be members. In alternating four-year intervals, the chairperson and ranking member of the house committee on judiciary or of the house committee on public safety shall be members, with the chairperson and ranking member of the house committee on public safety serving during the initial interval. Nonlegislative members appointed pursuant to this paragraph shall serve for four-year terms beginning and ending as provided in section 69.19 unless the member ceases to serve as a district court judge.
   d.  The Iowa state bar association and the American civil liberties union of Iowa shall each designate a person to serve on the council.
   e.  Two members representing peace officers shall be designated by the Iowa association of chiefs of police and peace officers, the Iowa state troopers association, and the Iowa state sheriffs’ and deputies’ association on a rotating basis. Every four years two of the associations shall designate one peace officer from their respective association who is not in a supervisory position at the peace officer’s place of employment to serve a four-year term. The Iowa association of chiefs of police and peace officers and the Iowa state troopers association shall designate the initial peace officer members.
   f.  The Iowa county attorneys association shall designate a person to serve on the council.
   2.  Members of the council shall receive reimbursement from the state for actual and necessary expenses incurred in the performance of their official duties. Members may also be eligible to receive compensation as provided in section 7E.6.
    Sec. 3.  Section 216A.133, subsection 1, Code 2009, is amended to read as follows:
   1.  Identify issues and analyze the operation and impact of present criminal and juvenile justice policy and make recommendations for policy changes, including recommendations pertaining to efforts to curtail criminal gang activity.
    Sec. 4.  Section 216A.133, Code 2009, is amended by adding the following new subsections:
   NEW SUBSECTION.  8.  Determine members of the public safety advisory board pursuant to section 216A.133A.
   NEW SUBSECTION.  9.  Coordinate with the administrator to develop and make recommendations to the department director pursuant to section 216A.2.
   NEW SUBSECTION.  10.  Serve as a liaison between the general public and the division.
   NEW SUBSECTION.  11.  Establish advisory committees to study special issues.
    Sec. 5.  NEW SECTION.  216A.133A  Public safety advisory board —— duties.
   1.  A public safety advisory board is established whose membership shall be determined by the criminal and juvenile justice planning advisory council and shall consist of current members of the council. Any actions taken by the board shall be considered separate and distinct from the council.
   2.  The purpose of the board is to provide the general assembly with an analysis of current and proposed criminal code provisions.
   3.  The duties of the board shall consist of the following:
   a.  Reviewing and making recommendations relating to current sentencing provisions. In reviewing such provisions the board shall consider the impact on all of the following:
   (1)  Potential disparity in sentencing.
   (2)  Truth in sentencing.
   (3)  Victims.
   (4)  The proportionality of specific sentences.
   (5)  Sentencing procedures.
   (6)  Costs associated with the implementation of criminal code provisions, including costs to the judicial branch, department of corrections, and judicial district departments of correctional services, costs for representing indigent defendants, and costs incurred by political subdivisions of the state.
   (7)  Best practices related to the department of corrections including recidivism rates, safety and efficient use of correctional staff, and compliance with correctional standards set by the federal government and other jurisdictions.
   (8)  Best practices related to the Iowa child death review team established in section 135.43 and the Iowa domestic abuse death review team established in section 135.109.
   b.  Reviewing and making recommendations relating to proposed legislation, in accordance with paragraph “a”, as set by rule by the general assembly or as requested by the executive or judicial branch proposing such legislation.
   c.  Providing expertise and advice to the legislative services agency, the department of corrections, the judicial branch, and others charged with formulating fiscal, correctional, or minority impact statements.
   d.  Reviewing data supplied by the division, the department of management, the legislative services agency, the Iowa supreme court, and other departments or agencies for the purpose of determining the effectiveness and efficiency of the collection of such data.
   4.  The board may call upon any department, agency, or office of the state, or any political subdivision of the state, for information or assistance as needed in the performance of its duties. The information or assistance shall be furnished to the extent that it is within the resources and authority of the department, agency, office, or political subdivision. This section does not require the production or opening of any records which are required by law to be kept private or confidential.
   5.  The board shall report to the legislative government oversight committee all sources of funding by December 1 of each year.
   6.  Membership on the board shall be bipartisan as provided in section 69.16 and gender balanced as provided in section 69.16A.
   7.  Meetings of the board shall be open to the public as provided in chapter 21.
   8.  Members of the board shall receive reimbursement from the state for actual and necessary expenses incurred in the performance of their official duties. Members may also be eligible to receive compensation as provided in section 7E.6.
    Sec. 6.  Section 216A.135, unnumbered paragraph 1, Code 2009, is amended to read as follows:
   Beginning in 1989, and every five years thereafter, the division shall develop a twenty-year criminal and juvenile justice plan for the state which shall include ten-year, fifteen-year, and twenty-year goals and a comprehensive five-year plan for criminal and juvenile justice programs. The five-year plan shall be updated annually and each twenty-year plan and annual updates of the five-year plan shall be submitted to the governor and the general assembly by February December 1.
    Sec. 7.  APPOINTMENTS TO CRIMINAL AND JUVENILE JUSTICE PLANNING ADVISORY COUNCIL.  Notwithstanding chapter 69, vacant positions on the criminal and juvenile justice planning advisory council shall be filled in accordance with this section. The member appointed to represent a crime victim group on the criminal and juvenile justice planning advisory council pursuant to this Act shall replace both general public members appointed by the governor pursuant to section 216A.132, subsection 1, paragraph “a”, subparagraph (2), Code 2009, as of July 1, 2010, and shall serve a four-year term beginning July 1, 2010. The member designated by the chief justice of the supreme court pursuant to section 216A.132, subsection 1, paragraph “b”, Code 2009, shall cease being a member of the council on June 30, 2010. A member appointed by the chief justice pursuant to section 216A.132, subsection 1, paragraph “c”, Code 2009, shall cease being a member of the council on June 30, 2010, and the member who is either a district associate judge or associate juvenile judge shall become a member July 1, 2010. The Iowa state bar association, the American civil liberties union of Iowa, the Iowa association of chiefs of police and peace officers, the Iowa state troopers association, and the Iowa county attorneys association shall each designate a person to serve on the council beginning July 1, 2010. 
    Sec. 8.  IMPLEMENTATION —— FUNDING.  The section of this Act amending section 216A.133 by expanding the duties of the criminal and juvenile justice planning advisory council and the section of this Act creating new section 216A.133A, establishing the public safety advisory board shall not be implemented until sufficient funding has been appropriated to implement the expanded duties of the council and the establishment of the board. 
EXPLANATION
   This bill relates to the criminal and juvenile justice planning advisory council and the establishment of a public safety advisory board.
   The bill reduces the number of gubernatorial appointments to the council from seven to five. The bill requires the governor to appoint a county sheriff or a chief of police to fill two appointments to the council rather than the three appointments currently representing county supervisors, sheriffs, mayors, chiefs of police, or county attorneys.
   The bill eliminates two public member positions appointed to the council by the governor and adds a member representing a crime victim group who is appointed by the governor.
   The bill eliminates a member position on the council who is designated by the chief justice of the supreme court. The bill also revises the judicial members to be appointed by the chief justice to include one district judge and one district associate judge or associate juvenile judge. The bill also specifies that the four legislative members shall be the chairperson and ranking member of the senate judiciary committee and the chairperson and ranking member of the house judiciary committee or of the house public safety committee, in alternate four-year terms.
   The bill adds a member on the council designated by the Iowa state bar association, a member designated by the American civil liberties union of Iowa, and a member designated by the Iowa county attorneys association. The bill also adds two members on the council designated by the Iowa association of chiefs of police and peace officers, the Iowa state troopers association, or the Iowa state sheriffs’ and deputies’ association who are not in a supervisory position at the peace officer’s place of employment to serve alternating four-year terms beginning with members designated by the Iowa association of chiefs of police and peace officers designee and the Iowa state troopers association designee.
   The bill expands the duties of the criminal and juvenile justice planning advisory council. The bill requires the council to coordinate with the administrator of the division of criminal and juvenile justice planning to develop and make recommendations to the director of the department of human rights. The bill also requires the council to serve as a liaison between the general public and the division of criminal and juvenile justice planning.
   The bill establishes a public safety advisory board, to be comprised of members of the council, as determined by the council. The bill provides that any actions taken by the board shall be considered separate and distinct from the criminal and juvenile justice planning advisory council. The duties of the board consist of reviewing and making recommendations relating to current sentencing provisions. The bill requires that in reviewing current sentencing provisions, the board shall consider the impact on the following: potential disparity in sentencing, truth in sentencing, the victim, the proportionality of the sentence, sentencing procedures, costs, and best practices of the department of corrections, the Iowa child death review team, and the Iowa domestic abuse death review team.
   The bill also provides that the board shall review proposed legislation, as set by rule by the general assembly or as requested by executive branch or judicial branch.
   The bill provides that the board shall provide expertise and advice to the legislative fiscal bureau, the department of corrections, the judicial branch, and other departments or agencies charged with formulating fiscal, correctional, and minority impact statements.
   The bill provides that the board shall review data provided by the division of criminal and juvenile justice and planning, the department of management, the legislative fiscal bureau, the judicial branch, and other departments or agencies for the purpose of determining the effectiveness and efficiency of the collection of such data.
   The bill requires the board to report to the legislative government oversight committee all sources of funding by December 1 of each year.
   The bill allows the board to call upon any department, agency, or office of the state, or any political subdivision of the state, for information or assistance as needed in the performance of its duties and the information or assistance shall be furnished to the extent that it is within the resources and authority of the department, agency, office, or political subdivision. The bill does not require the production or opening of any records which are required by law to be kept private or confidential.
   The bill requires the division of criminal and juvenile justice planning to submit plans and annual updates to plans relating to criminal and juvenile justice programs by December 1 each year. The plans and annual updates are to be submitted to the governor and the general assembly. Current law requires the plans and annual updates to the plans be submitted to the governor and general assembly by February 1 of each year.
   The sections of the bill expanding the duties of the criminal and juvenile justice planning advisory council and establishing the public safety advisory board shall not be implemented until sufficient funding has been appropriated to implement the expanded duties of the council or the establishment of the board.