Senate Study Bill 3243 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY JOINT APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM) A BILL FOR An Act relating to and making appropriations to the justice 1 system, and including effective date provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5092JB (2) 83 jm/jp
S.F. _____ H.F. _____ Section 1. DEPARTMENT OF JUSTICE. 1 1. There is appropriated from the general fund of the state 2 to the department of justice for the fiscal year beginning July 3 1, 2010, and ending June 30, 2011, the following amounts, or 4 so much thereof as is necessary, to be used for the purposes 5 designated: 6 a. For the general office of attorney general for salaries, 7 support, maintenance, and miscellaneous purposes, including 8 the prosecuting attorneys training program, victim assistance 9 grants, office of drug control policy prosecuting attorney 10 program, and odometer fraud enforcement, and for not more than 11 the following full-time equivalent positions: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,732,930 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 232.50 14 It is the intent of the general assembly that as a condition 15 of receiving the appropriation provided in this lettered 16 paragraph, the department of justice shall maintain a record 17 of the estimated time incurred representing each agency or 18 department. 19 b. For victim assistance grants: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,060,000 21 The funds appropriated in this lettered paragraph shall be 22 used to provide grants to care providers providing services to 23 crime victims of domestic abuse or to crime victims of rape and 24 sexual assault. 25 The balance of the victim compensation fund established in 26 section 915.94 may be used to provide salary and support of not 27 more than 22 FTEs and to provide maintenance for the victim 28 compensation functions of the department of justice. 29 The department of justice may transfer moneys from the 30 victim compensation fund established in section 915.94 to the 31 victim assistance grant program. 32 c. For legal services for persons in poverty grants as 33 provided in section 13.34: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,930,671 35 -1- LSB 5092JB (2) 83 jm/jp 1/ 25
S.F. _____ H.F. _____ 2. a. The department of justice, in submitting budget 1 estimates for the fiscal year commencing July 1, 2011, pursuant 2 to section 8.23, shall include a report of funding from sources 3 other than amounts appropriated directly from the general fund 4 of the state to the department of justice or to the office of 5 consumer advocate. These funding sources shall include but 6 are not limited to reimbursements from other state agencies, 7 commissions, boards, or similar entities, and reimbursements 8 from special funds or internal accounts within the department 9 of justice. The department of justice shall also report actual 10 reimbursements for the fiscal year commencing July 1, 2009, 11 and actual and expected reimbursements for the fiscal year 12 commencing July 1, 2010. 13 b. The department of justice shall include the report 14 required under paragraph “a”, as well as information regarding 15 any revisions occurring as a result of reimbursements actually 16 received or expected at a later date, in a report to the 17 co-chairpersons and ranking members of the joint appropriations 18 subcommittee on the justice system and the legislative services 19 agency. The department of justice shall submit the report on 20 or before January 15, 2011. 21 Sec. 2. OFFICE OF CONSUMER ADVOCATE. There is appropriated 22 from the department of commerce revolving fund created in 23 section 546.12 to the office of consumer advocate of the 24 department of justice for the fiscal year beginning July 1, 25 2010, and ending June 30, 2011, the following amount, or so 26 much thereof as is necessary, to be used for the purposes 27 designated: 28 For salaries, support, maintenance, miscellaneous purposes, 29 and for not more than the following full-time equivalent 30 positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,336,344 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 27.00 33 Sec. 3. DEPARTMENT OF CORRECTIONS —— FACILITIES. 34 1. There is appropriated from the general fund of the state 35 -2- LSB 5092JB (2) 83 jm/jp 2/ 25
S.F. _____ H.F. _____ to the department of corrections for the fiscal year beginning 1 July 1, 2010, and ending June 30, 2011, the following amounts, 2 or so much thereof as is necessary, to be used for the purposes 3 designated: 4 For the operation of adult correctional institutions, 5 reimbursement of counties for certain confinement costs, and 6 federal prison reimbursement, to be allocated as follows: 7 a. For the operation of the Fort Madison correctional 8 facility, including salaries, support, maintenance, and 9 miscellaneous purposes: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 39,991,374 11 As a condition of receiving an appropriation in this 12 lettered paragraph, the department of corrections shall operate 13 the John Bennett facility either as an institution of the 14 department or a community-based correctional facility. 15 b. For the operation of the Anamosa correctional facility, 16 including salaries, support, maintenance, and miscellaneous 17 purposes: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,416,461 19 As a condition of receiving the appropriation in this 20 lettered paragraph, the department of corrections shall employ 21 two part-time registered nurses at the Luster Heights facility. 22 It is the intent of the general assembly that the department 23 of corrections fully operate the Luster Heights facility at the 24 facility’s 88-bed capacity. 25 As a condition of the moneys appropriated in this lettered 26 paragraph, the department of corrections shall replace expired 27 federal funding by expending at least $238,252 for continuation 28 of a treatment program that prepares offenders for ongoing 29 therapeutic treatment programs offered by the department and 30 maintaining at least 4.75 FTEs for the program. 31 Moneys appropriated in this lettered paragraph shall 32 provide for one full-time substance abuse counselor for the 33 Luster Heights facility for the purpose of certification of a 34 substance abuse program at that facility. 35 -3- LSB 5092JB (2) 83 jm/jp 3/ 25
S.F. _____ H.F. _____ c. For the operation of the Oakdale correctional facility, 1 including salaries, support, maintenance, and miscellaneous 2 purposes: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 55,755,246 4 d. For the operation of the Newton correctional facility, 5 including salaries, support, maintenance, and miscellaneous 6 purposes: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 26,452,257 8 e. For the operation of the Mt. Pleasant correctional 9 facility, including salaries, support, maintenance, and 10 miscellaneous purposes: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 26,265,257 12 f. For the operation of the Rockwell City correctional 13 facility, including salaries, support, maintenance, and 14 miscellaneous purposes: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,324,565 16 g. For the operation of the Clarinda correctional facility, 17 including salaries, support, maintenance, and miscellaneous 18 purposes: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23,645,033 20 Moneys received by the department of corrections as 21 reimbursement for services provided to the Clarinda youth 22 corporation are appropriated to the department and shall be 23 used for the purpose of operating the Clarinda correctional 24 facility. 25 h. For the operation of the Mitchellville correctional 26 facility, including salaries, support, maintenance, and 27 miscellaneous purposes: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,486,586 29 i. For the operation of the Fort Dodge correctional 30 facility, including salaries, support, maintenance, and 31 miscellaneous purposes: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,020,235 33 j. For reimbursement of counties for temporary confinement 34 of work release and parole violators, as provided in sections 35 -4- LSB 5092JB (2) 83 jm/jp 4/ 25
S.F. _____ H.F. _____ 901.7, 904.908, and 906.17, and for offenders confined pursuant 1 to section 904.513: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 775,092 3 k. For federal prison reimbursement, reimbursements for 4 out-of-state placements, and miscellaneous contracts: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 239,411 6 2. The department of corrections shall use moneys 7 appropriated in subsection 1 to continue to contract for the 8 services of a Muslim imam. 9 Sec. 4. DEPARTMENT OF CORRECTIONS —— ADMINISTRATION. 10 1. There is appropriated from the general fund of the state 11 to the department of corrections for the fiscal year beginning 12 July 1, 2010, and ending June 30, 2011, the following amounts, 13 or so much thereof as is necessary, to be used for the purposes 14 designated: 15 a. For general administration, including salaries, support, 16 maintenance, employment of an education director to administer 17 a centralized education program for the correctional system, 18 and miscellaneous purposes: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,254,068 20 (1) It is the intent of the general assembly that as a 21 condition of receiving the appropriation provided in this 22 lettered paragraph the department of corrections shall not, 23 except as otherwise provided in subparagraph (3), enter 24 into a new contract, unless the contract is a renewal of an 25 existing contract, for the expenditure of moneys in excess of 26 $100,000 during the fiscal year beginning July 1, 2010, for the 27 privatization of services performed by the department using 28 state employees as of July 1, 2010, or for the privatization 29 of new services by the department without prior consultation 30 with any applicable state employee organization affected 31 by the proposed new contract and prior notification of the 32 co-chairpersons and ranking members of the joint appropriations 33 subcommittee on the justice system. 34 (2) It is the intent of the general assembly that each 35 -5- LSB 5092JB (2) 83 jm/jp 5/ 25
S.F. _____ H.F. _____ lease negotiated by the department of corrections with a 1 private corporation for the purpose of providing private 2 industry employment of inmates in a correctional institution 3 shall prohibit the private corporation from utilizing inmate 4 labor for partisan political purposes for any person seeking 5 election to public office in this state and that a violation 6 of this requirement shall result in a termination of the lease 7 agreement. 8 (3) It is the intent of the general assembly that as a 9 condition of receiving the appropriation provided in this 10 lettered paragraph the department of corrections shall not 11 enter into a lease or contractual agreement pursuant to section 12 904.809 with a private corporation for the use of building 13 space for the purpose of providing inmate employment without 14 providing that the terms of the lease or contract establish 15 safeguards to restrict, to the greatest extent feasible, access 16 by inmates working for the private corporation to personal 17 identifying information of citizens. 18 b. For educational programs for inmates at state penal 19 institutions: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,558,109 21 As a condition of receiving the appropriation in this 22 lettered paragraph, the department of corrections shall 23 transfer at least $300,000 from the canteen operating funds 24 established pursuant to section 904.310 to be used for 25 correctional educational programs funded in this lettered 26 paragraph. 27 It is the intent of the general assembly that moneys 28 appropriated in this lettered paragraph shall be used solely 29 for the purpose indicated and that the moneys shall not be 30 transferred for any other purpose. In addition, it is the 31 intent of the general assembly that the department shall 32 consult with the community colleges in the areas in which the 33 institutions are located to utilize moneys appropriated in this 34 lettered paragraph to fund the high school completion, high 35 -6- LSB 5092JB (2) 83 jm/jp 6/ 25
S.F. _____ H.F. _____ school equivalency diploma, adult literacy, and adult basic 1 education programs in a manner so as to maintain these programs 2 at the institutions. 3 To maximize the funding for educational programs, the 4 department shall establish guidelines and procedures to 5 prioritize the availability of educational and vocational 6 training for inmates based upon the goal of facilitating an 7 inmate’s successful release from the correctional institution. 8 The director of the department of corrections may transfer 9 moneys from Iowa prison industries for use in educational 10 programs for inmates. 11 Notwithstanding section 8.33, moneys appropriated in this 12 lettered paragraph that remain unobligated or unexpended at 13 the close of the fiscal year shall not revert but shall remain 14 available for expenditure only for the purpose designated in 15 this lettered paragraph until the close of the succeeding 16 fiscal year. 17 c. For the development of the Iowa corrections offender 18 network (ICON) data system: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 424,364 20 d. For offender mental health and substance abuse 21 treatment: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22,319 23 e. For viral hepatitis prevention and treatment: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 167,881 25 2. It is the intent of the general assembly that the 26 department of corrections shall continue to operate the 27 correctional farms under the control of the department at 28 the same or greater level of participation and involvement 29 as existed as of January 1, 2011; shall not enter into any 30 rental agreement or contract concerning any farmland under 31 the control of the department that is not subject to a rental 32 agreement or contract as of January 1, 2010, without prior 33 legislative approval; and shall further attempt to provide 34 job opportunities at the farms for inmates. The department 35 -7- LSB 5092JB (2) 83 jm/jp 7/ 25
S.F. _____ H.F. _____ shall attempt to provide job opportunities at the farms for 1 inmates by encouraging labor-intensive farming or gardening 2 where appropriate; using inmates to grow produce and meat for 3 institutional consumption; researching the possibility of 4 instituting food canning and cook-and-chill operations; and 5 exploring opportunities for organic farming and gardening, 6 livestock ventures, horticulture, and specialized crops. 7 3. The department of corrections shall provide a smoking 8 cessation program to offenders committed to the custody of the 9 director or who are otherwise detained by the department, that 10 complies with legislation enacted restricting or prohibiting 11 smoking on the grounds of correctional institutions. 12 4. As a condition of receiving the appropriations made 13 in this section, the department of corrections shall develop 14 and implement offender reentry programs in Black Hawk and 15 Polk counties to provide transitional planning and release 16 primarily for offenders released from the Iowa correctional 17 institution for women at Mitchellville and the Fort Dodge 18 correctional facility. Programming shall include minority 19 and gender-specific responsivity, employment, substance 20 abuse treatment, mental health services, housing, and family 21 reintegration. The department of corrections shall collaborate 22 with the first and fifth judicial district departments of 23 correctional services, the Iowa department of workforce 24 development, the department of human services, community-based 25 providers and faith-based organizations, and local law 26 enforcement. 27 5. The chief security officer position within the 28 department of corrections shall be eliminated by the effective 29 date of this subsection. 30 6. The department shall place inmates at the Luster Heights 31 facility who have been approved by the board of parole for 32 work release but who have been waiting for a bed to become 33 available at a community-based correctional facility, unless 34 the placement would dislodge an inmate receiving substance 35 -8- LSB 5092JB (2) 83 jm/jp 8/ 25
S.F. _____ H.F. _____ abuse treatment. 1 7. The department of corrections shall seek volunteer 2 medical personnel to serve at correctional facilities 3 throughout the state under the direction of the department. 4 Sec. 5. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 5 SERVICES. 6 1. There is appropriated from the general fund of the state 7 to the department of corrections for the fiscal year beginning 8 July 1, 2010, and ending June 30, 2011, for the treatment and 9 supervision of probation and parole violators who have been 10 released from the department of corrections violator program, 11 the following amounts, or so much thereof as is necessary, to 12 be allocated as follows: 13 a. For the first judicial district department of 14 correctional services: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,453,082 16 As a condition of the moneys appropriated in this lettered 17 paragraph, the department of corrections shall replace expired 18 federal funding by expending at least $140,000 for the dual 19 diagnosis program and maintaining 1.25 FTEs for the program. 20 b. For the second judicial district department of 21 correctional services: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,770,616 23 c. For the third judicial district department of 24 correctional services: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,715,578 26 d. For the fourth judicial district department of 27 correctional services: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,522,416 29 e. For the fifth judicial district department of 30 correctional services, including funding for electronic 31 monitoring devices for use on a statewide basis: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,938,081 33 As a condition of receiving the appropriation in this 34 lettered paragraph, the fifth judicial district department of 35 -9- LSB 5092JB (2) 83 jm/jp 9/ 25
S.F. _____ H.F. _____ correctional services shall reinstate 67 beds in buildings 65 1 and 66 at the Fort Des Moines facility and resume operating the 2 buildings, in addition to maintaining the 199 beds in buildings 3 68 and 70 at the Fort Des Moines facility. The district 4 department may use inmate labor to upgrade and renovate the 5 buildings, if renovation and updating are required. 6 f. For the sixth judicial district department of 7 correctional services: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,030,356 9 g. For the seventh judicial district department of 10 correctional services: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,846,560 12 h. For the eighth judicial district department of 13 correctional services: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,935,622 15 2. Each judicial district department of correctional 16 services, within the funding available, shall continue programs 17 and plans established within that district to provide for 18 intensive supervision, sex offender treatment, diversion of 19 low-risk offenders to the least restrictive sanction available, 20 job development, and expanded use of intermediate criminal 21 sanctions. 22 3. Each judicial district department of correctional 23 services shall provide alternatives to prison consistent with 24 chapter 901B. The alternatives to prison shall ensure public 25 safety while providing maximum rehabilitation to the offender. 26 A judicial district department of correctional services may 27 also establish a day program. 28 4. The governor’s office of drug control policy shall 29 consider federal grants made to the department of corrections 30 for the benefit of each of the eight judicial district 31 departments of correctional services as local government 32 grants, as defined pursuant to federal regulations. 33 5. The department of corrections shall continue to contract 34 with a judicial district department of correctional services to 35 -10- LSB 5092JB (2) 83 jm/jp 10/ 25
S.F. _____ H.F. _____ provide for the rental of electronic monitoring equipment which 1 shall be available statewide. 2 6. A judicial district department of correctional services 3 shall accept into the facilities of the district department, 4 offenders assigned from other judicial district departments of 5 correctional services. 6 Sec. 6. DEPARTMENT OF CORRECTIONS —— REALLOCATION OF 7 APPROPRIATIONS. Notwithstanding section 8.39, within 8 the moneys appropriated in this Act to the department of 9 corrections, the department may reallocate the moneys 10 appropriated and allocated as necessary to best fulfill the 11 needs of the correctional institutions, administration of 12 the department, and the judicial district departments of 13 correctional services. However, in addition to complying with 14 the requirements of sections 904.116 and 905.8 and providing 15 notice to the legislative services agency, the department 16 of corrections shall also provide notice to the department 17 of management, prior to the effective date of the revision 18 or reallocation of an appropriation made pursuant to this 19 section. The department shall not reallocate an appropriation 20 or allocation for the purpose of eliminating any program. 21 Sec. 7. INTENT —— REPORTS. 22 1. The department in cooperation with townships, the Iowa 23 cemetery associations, and other nonprofit or governmental 24 entities may use inmate labor during the fiscal year beginning 25 July 1, 2010, to restore or preserve rural cemeteries and 26 historical landmarks. The department in cooperation with the 27 counties may also use inmate labor to clean up roads, major 28 water sources, and other water sources around the state. 29 2. Each month the department shall provide a status report 30 regarding private-sector employment to the legislative services 31 agency beginning on July 1, 2010. The report shall include 32 the number of offenders employed in the private sector, the 33 combined number of hours worked by the offenders, and the 34 total amount of allowances, and the distribution of allowances 35 -11- LSB 5092JB (2) 83 jm/jp 11/ 25
S.F. _____ H.F. _____ pursuant to section 904.702, including any moneys deposited in 1 the general fund of the state. 2 Sec. 8. ELECTRONIC MONITORING REPORT. The department of 3 corrections shall submit a report on electronic monitoring to 4 the general assembly, to the co-chairpersons and the ranking 5 members of the joint appropriations subcommittee on the justice 6 system, and to the legislative services agency by January 7 15, 2011. The report shall specifically address the number 8 of persons being electronically monitored and break down the 9 number of persons being electronically monitored by offense 10 committed. The report shall also include a comparison of any 11 data from the prior fiscal year with the current year. 12 Sec. 9. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 13 1. As used in this section, unless the context otherwise 14 requires, “state agency” means the government of the state 15 of Iowa, including but not limited to all executive branch 16 departments, agencies, boards, bureaus, and commissions, the 17 judicial branch, the general assembly and all legislative 18 agencies, institutions within the purview of the state board of 19 regents, and any corporation whose primary function is to act 20 as an instrumentality of the state. 21 2. State agencies are hereby encouraged to purchase 22 products from Iowa state industries, as defined in section 23 904.802, when purchases are required and the products are 24 available from Iowa state industries. State agencies shall 25 obtain bids from Iowa state industries for purchases of 26 office furniture during the fiscal year beginning July 1, 27 2010, exceeding $5,000 or in accordance with applicable 28 administrative rules related to purchases for the agency. 29 Sec. 10. STATE PUBLIC DEFENDER. There is appropriated from 30 the general fund of the state to the office of the state public 31 defender of the department of inspections and appeals for the 32 fiscal year beginning July 1, 2010, and ending June 30, 2011, 33 the following amounts, or so much thereof as is necessary, to 34 be allocated as follows for the purposes designated: 35 -12- LSB 5092JB (2) 83 jm/jp 12/ 25
S.F. _____ H.F. _____ 1. For salaries, support, maintenance, miscellaneous 1 purposes, and for not more than the following full-time 2 equivalent positions: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21,743,182 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 203.00 5 2. For the fees of court-appointed attorneys for indigent 6 adults and juveniles, in accordance with section 232.141 and 7 chapter 815: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,680,929 9 Sec. 11. IOWA LAW ENFORCEMENT ACADEMY. 10 1. There is appropriated from the general fund of the 11 state to the Iowa law enforcement academy for the fiscal year 12 beginning July 1, 2010, and ending June 30, 2011, the following 13 amount, or so much thereof as is necessary, to be used for the 14 purposes designated: 15 For salaries, support, maintenance, miscellaneous purposes, 16 including jailer training and technical assistance, and for not 17 more than the following full-time equivalent positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,049,430 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 30.55 20 It is the intent of the general assembly that the Iowa law 21 enforcement academy may provide training of state and local 22 law enforcement personnel concerning the recognition of and 23 response to persons with Alzheimer’s disease. 24 The Iowa law enforcement academy may temporarily exceed and 25 draw more than the amount appropriated and incur a negative 26 cash balance as long as there are receivables equal to or 27 greater than the negative balance and the amount appropriated 28 in this subsection is not exceeded at the close of the fiscal 29 year. 30 2. The Iowa law enforcement academy may select at least 31 five automobiles of the department of public safety, division 32 of state patrol, prior to turning over the automobiles to 33 the department of administrative services to be disposed 34 of by public auction, and the Iowa law enforcement academy 35 -13- LSB 5092JB (2) 83 jm/jp 13/ 25
S.F. _____ H.F. _____ may exchange any automobile owned by the academy for each 1 automobile selected if the selected automobile is used in 2 training law enforcement officers at the academy. However, any 3 automobile exchanged by the academy shall be substituted for 4 the selected vehicle of the department of public safety and 5 sold by public auction with the receipts being deposited in the 6 depreciation fund to the credit of the department of public 7 safety, division of state patrol. 8 Sec. 12. BOARD OF PAROLE. There is appropriated from the 9 general fund of the state to the board of parole for the fiscal 10 year beginning July 1, 2010, and ending June 30, 2011, the 11 following amount, or so much thereof as is necessary, to be 12 used for the purposes designated: 13 For salaries, support, maintenance, miscellaneous purposes, 14 and for not more than the following full-time equivalent 15 positions: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,045,259 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 13.50 18 Sec. 13. DEPARTMENT OF PUBLIC DEFENSE. There is 19 appropriated from the general fund of the state to the 20 department of public defense for the fiscal year beginning July 21 1, 2010, and ending June 30, 2011, the following amounts, or 22 so much thereof as is necessary, to be used for the purposes 23 designated: 24 1. MILITARY DIVISION 25 For salaries, support, maintenance, miscellaneous purposes, 26 and for not more than the following full-time equivalent 27 positions: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,249,201 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 324.00 30 The military division may temporarily exceed and draw more 31 than the amount appropriated and incur a negative cash balance 32 as long as there are receivables of federal funds equal to or 33 greater than the negative balance and the amount appropriated 34 in this subsection is not exceeded at the close of the fiscal 35 -14- LSB 5092JB (2) 83 jm/jp 14/ 25
S.F. _____ H.F. _____ year. 1 2. HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION 2 For salaries, support, maintenance, miscellaneous purposes, 3 and for not more than the following full-time equivalent 4 positions: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,038,119 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 33.00 7 The homeland security and emergency management division may 8 temporarily exceed and draw more than the amount appropriated 9 and incur a negative cash balance as long as there are 10 receivables of federal funds equal to or greater than the 11 negative balance and the amount appropriated in this subsection 12 is not exceeded at the close of the fiscal year. 13 It is the intent of the general assembly that the homeland 14 security and emergency management division work in conjunction 15 with the department of public safety, to the extent possible, 16 when gathering and analyzing information related to potential 17 domestic or foreign security threats, and when monitoring such 18 threats. 19 Sec. 14. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 20 from the general fund of the state to the department of public 21 safety for the fiscal year beginning July 1, 2010, and ending 22 June 30, 2011, the following amounts, or so much thereof as is 23 necessary, to be used for the purposes designated: 24 1. For the department’s administrative functions, including 25 the criminal justice information system, and for not more than 26 the following full-time equivalent positions: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,134,461 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 36.00 29 2. For the division of criminal investigation, including 30 the state’s contribution to the peace officers’ retirement, 31 accident, and disability system provided in chapter 97A in the 32 amount of the state’s normal contribution rate, as defined in 33 section 97A.8, multiplied by the salaries for which the funds 34 are appropriated, to meet federal fund matching requirements, 35 -15- LSB 5092JB (2) 83 jm/jp 15/ 25
S.F. _____ H.F. _____ and for not more than the following full-time equivalent 1 positions: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,861,710 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 277.10 4 If any of the Indian tribes fail to pay for 1.00 FTE pursuant 5 to the agreements or compacts entered into between the state 6 and the Indian tribes pursuant to section 10A.104, subsection 7 10, the number of full-time equivalent positions authorized 8 under this subsection is reduced by 1.00 FTE. 9 The department shall employ one additional special agent and 10 one additional criminalist for the purpose of investigating 11 cold cases. Prior to employing the additional special agent 12 and criminalist authorized in this paragraph, the department 13 shall provide a written statement to prospective employees that 14 states to the effect that the positions are being funded by a 15 temporary federal grant and there are no assurances that funds 16 from other sources will be available after the federal funding 17 expires. If the federal funding for the additional positions 18 expires during the fiscal year, the number of full-time 19 equivalent positions authorized in this subsection is reduced 20 by 2.00 FTEs. 21 The department of public safety, with the approval of the 22 department of management, may employ no more than two special 23 agents and four gaming enforcement officers for each additional 24 riverboat or gambling structure regulated after July 1, 2010, 25 and one special agent for each racing facility which becomes 26 operational during the fiscal year which begins July 1, 2010. 27 One additional gaming enforcement officer, up to a total of 28 four per riverboat or gambling structure, may be employed 29 for each riverboat or gambling structure that has extended 30 operations to 24 hours and has not previously operated with a 31 24-hour schedule. Positions authorized in this paragraph are 32 in addition to the full-time equivalent positions otherwise 33 authorized in this subsection. 34 3. For the criminalistics laboratory fund created in 35 -16- LSB 5092JB (2) 83 jm/jp 16/ 25
S.F. _____ H.F. _____ section 691.9: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 302,345 2 4. a. For the division of narcotics enforcement, including 3 the state’s contribution to the peace officers’ retirement, 4 accident, and disability system provided in chapter 97A in the 5 amount of the state’s normal contribution rate, as defined in 6 section 97A.8, multiplied by the salaries for which the funds 7 are appropriated, to meet federal fund matching requirements, 8 and for not more than the following full-time equivalent 9 positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,507,048 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 75.00 12 b. For the division of narcotics enforcement for undercover 13 purchases: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 109,042 15 5. For the division of state fire marshal, for fire 16 protection services as provided through the state fire service 17 and emergency response council as created in the department, 18 and for the state’s contribution to the peace officers’ 19 retirement, accident, and disability system provided in chapter 20 97A in the amount of the state’s normal contribution rate, as 21 defined in section 97A.8, multiplied by the salaries for which 22 the funds are appropriated, and for not more than the following 23 full-time equivalent positions: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,343,896 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 57.00 26 6. For the division of state patrol, for salaries, support, 27 maintenance, workers’ compensation costs, and miscellaneous 28 purposes, including the state’s contribution to the peace 29 officers’ retirement, accident, and disability system provided 30 in chapter 97A in the amount of the state’s normal contribution 31 rate, as defined in section 97A.8, multiplied by the salaries 32 for which the funds are appropriated, and for not more than the 33 following full-time equivalent positions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 48,984,147 35 -17- LSB 5092JB (2) 83 jm/jp 17/ 25
S.F. _____ H.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 503.00 1 It is the intent of the general assembly that members of the 2 state patrol be assigned to patrol the highways and roads in 3 lieu of assignments for inspecting school buses for the school 4 districts. 5 7. For deposit in the sick leave benefits fund established 6 under section 80.42 for all departmental employees eligible to 7 receive benefits for accrued sick leave under the collective 8 bargaining agreement: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 279,517 10 8. For costs associated with the training and equipment 11 needs of volunteer fire fighters: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 612,255 13 Notwithstanding section 8.33, moneys appropriated in this 14 subsection that remain unencumbered or unobligated at the 15 close of the fiscal year shall not revert but shall remain 16 available for expenditure only for the purpose designated in 17 this subsection until the close of the succeeding fiscal year. 18 Notwithstanding section 8.39, within the moneys appropriated 19 in this section the department of public safety may reallocate 20 moneys as necessary to best fulfill the needs provided for 21 in the appropriation. However, the department shall not 22 reallocate an appropriation made to the department in this 23 section unless notice of the reallocation is given to the 24 legislative services agency and the department of management 25 prior to the effective date of the reallocation. The notice 26 shall include information about the rationale for reallocating 27 the appropriation. The department shall not reallocate 28 an appropriation made in this section for the purpose of 29 eliminating any program. 30 Sec. 15. CIVIL RIGHTS COMMISSION. There is appropriated 31 from the general fund of the state to the Iowa state civil 32 rights commission for the fiscal year beginning July 1, 33 2010, and ending June 30, 2011, the following amount, or so 34 much thereof as is necessary, to be used for the purposes 35 -18- LSB 5092JB (2) 83 jm/jp 18/ 25
S.F. _____ H.F. _____ designated: 1 For salaries, support, maintenance, miscellaneous purposes, 2 and for not more than the following full-time equivalent 3 positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,379,861 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 29.50 6 The Iowa state civil rights commission may enter into 7 a contract with a nonprofit organization to provide legal 8 assistance to resolve civil rights complaints. 9 Sec. 16. Section 8A.302, subsection 1, Code 2009, is amended 10 to read as follows: 11 1. Providing a system of uniform standards and 12 specifications for purchasing. When the system is developed, 13 all items of general use shall be purchased by state 14 agencies through the department, except items used by 15 the state department of transportation, board of regents 16 and institutions under the control of the state board of 17 regents , . However, the department may authorize the department 18 of transportation, the department for the blind, and any other 19 agencies otherwise exempted by law from centralized purchasing, 20 to directly purchase items provided for under section 904.808 21 or used by those agencies without going through the department, 22 if the department of administrative services determines such 23 purchasing is in the best interests of the state . However, 24 items of general use may be purchased through the department by 25 any governmental entity. 26 Sec. 17. Section 99D.14, subsection 2, Code 2009, is amended 27 to read as follows: 28 2. a. A licensee shall pay a regulatory fee to be charged 29 as provided in this section. In determining the regulatory fee 30 to be charged as provided under this section, the commission 31 shall use the amount appropriated to the commission plus the 32 cost of salaries for no more than two special agents for each 33 racetrack that has not been issued a table games license under 34 chapter 99F or no more than three special agents for each 35 -19- LSB 5092JB (2) 83 jm/jp 19/ 25
S.F. _____ H.F. _____ racetrack that has been issued a table games license under 1 chapter 99F, plus any direct and indirect support costs for the 2 agents, for the division of criminal investigation’s racetrack 3 activities, as the basis for determining the amount of revenue 4 to be raised from the regulatory fee. 5 b. Notwithstanding sections 8.60 and 99D.17, the portion of 6 the fee paid pursuant to paragraph “a” relating to the costs 7 of special agents plus any direct and indirect support costs 8 for the agents, for the division of criminal investigation’s 9 racetrack activities, shall not be deposited in the general 10 fund of the state but instead are appropriated to supplement 11 appropriations made to the department of public safety to 12 be used for such activities by the division of criminal 13 investigation. 14 Sec. 18. Section 99F.10, subsection 4, Code 2009, is amended 15 to read as follows: 16 4. a. In determining the license fees and state regulatory 17 fees to be charged as provided under section 99F.4 and this 18 section, the commission shall use as the basis for determining 19 the amount of revenue to be raised from the license fees and 20 regulatory fees the amount appropriated to the commission 21 plus the cost of salaries for no more than two special agents 22 for each excursion gambling boat or gambling structure and no 23 more than four gaming enforcement officers for each excursion 24 gambling boat or gambling structure with a patron capacity of 25 less than two thousand persons or no more than five gaming 26 enforcement officers for each excursion gambling boat or 27 gambling structure with a patron capacity of at least two 28 thousand persons, plus any direct and indirect support costs 29 for the agents and officers, for the division of criminal 30 investigation’s excursion gambling boat or gambling structure 31 activities. 32 b. Notwithstanding sections 8.60 and 99F.4, the portion of 33 the fee paid pursuant to paragraph “a” relating to the costs 34 of special agents and officers plus any direct and indirect 35 -20- LSB 5092JB (2) 83 jm/jp 20/ 25
S.F. _____ H.F. _____ support costs for the agents and officers, for the division of 1 criminal investigation’s excursion gambling boat or gambling 2 structure activities, shall not be deposited in the general 3 fund of the state but instead are appropriated to supplement 4 appropriations made to the department of public safety to 5 be used for such activities by the division of criminal 6 investigation. 7 Sec. 19. Section 809A.17, Code 2009, is amended by adding 8 the following new subsection: 9 NEW SUBSECTION . 6. If the forfeited property is cash or 10 proceeds from the sale of real property the distribution of the 11 forfeited property shall be as follows: 12 a. The department of justice shall not retain more than 13 ten percent of the gross sale of any forfeited real property. 14 The balance of the proceeds shall be distributed to the 15 seizing agency for use by the agency or for division among 16 law enforcement agencies and county attorneys pursuant to any 17 agreement entered into by the seizing agency. 18 b. The department of justice shall not retain more than 19 ten percent of any forfeited cash. The balance shall be 20 distributed to the seizing agency for use by the agency or for 21 division among law enforcement agencies and county attorneys 22 pursuant to any agreement entered into by the seizing agency. 23 c. In the event of a cash forfeiture in excess of four 24 hundred thousand dollars the distribution of forfeited cash 25 shall be as follows: 26 (1) Forty-five percent shall be retained by the seizing 27 agency. 28 (2) Forty-five percent shall be distributed to other law 29 enforcement agencies within the region of the seizing agency. 30 (3) Ten percent shall be retained by the department of 31 justice. 32 Sec. 20. Section 904.315, subsection 2, Code Supplement 33 2009, is amended to read as follows: 34 2. A contract is not required for improvements at a state 35 -21- LSB 5092JB (2) 83 jm/jp 21/ 25
S.F. _____ H.F. _____ institution where the labor of inmates is to be used if the 1 contract is not for a construction, reconstruction, demolition, 2 or repair project or improvement with an estimated cost in 3 excess of fifty one hundred thousand dollars. 4 Sec. 21. Section 904A.4B, Code 2009, is amended to read as 5 follows: 6 904A.4B Executive director of the board of parole —— duties. 7 1. The chief administrative officer of the board of 8 parole shall be the executive director , except as provided in 9 subsection 2 . The executive director shall be appointed by the 10 chairperson, subject to the approval of the board and shall 11 serve at the pleasure of the board. The executive director 12 shall do all of the following: 13 1. a. Advise the board on matters relating to parole, 14 work release, and executive clemency, and advise the board on 15 matters involving automation and word processing. 16 2. b. Carry out all directives of the board. 17 3. c. Hire and supervise all of the board’s staff pursuant 18 to the provisions of chapter 8A, subchapter IV. 19 4. d. Act as the board’s liaison with the general assembly. 20 5. e. Prepare a budget for the board, subject to the 21 approval of the board, and prepare all other reports required 22 by law. 23 6. f. Develop long-range parole and work release planning, 24 in cooperation with the department of corrections. 25 2. If an executive director is not appointed as provided in 26 subsection 1, the chairperson shall serve as acting executive 27 director and perform the administrative duties under subsection 28 1. 29 Sec. 22. IOWA COMMUNICATIONS NETWORK. It is the 30 intent of the general assembly that the executive branch 31 agencies receiving an appropriation in this Act utilize 32 the Iowa communications network or secure other electronic 33 communications in lieu of traveling for the fiscal year 34 addressed by the appropriations. 35 -22- LSB 5092JB (2) 83 jm/jp 22/ 25
S.F. _____ H.F. _____ Sec. 23. HOMELAND SECURITY AND EMERGENCY MANAGEMENT 1 DIVISION. There is appropriated from the wireless E911 2 emergency communications fund created in section 34A.7A to the 3 administrator of the homeland security and emergency management 4 division of the department of public defense for the fiscal 5 year beginning July 1, 2010, and ending June 30, 2011, an 6 amount not exceeding $200,000 to be used for implementation, 7 support, and maintenance of the functions of the administrator 8 and program manager under chapter 34A and to employ the auditor 9 of the state to perform an annual audit of the wireless E911 10 emergency communications fund. 11 Sec. 24. IOWA LAW ENFORCEMENT ACADEMY —— FEES. 12 Notwithstanding section 80B.11B, the Iowa law enforcement 13 academy may charge more than one-half the cost of providing the 14 basic training course if a majority of the Iowa law enforcement 15 academy council authorizes charging more than one-half of the 16 cost of providing basic training. This section is repealed on 17 June 30, 2011. 18 Sec. 25. CORRECTIONAL OFFICER AND PEACE OFFICER —— 19 PRIORITY. As a condition of receiving an appropriation in 20 this Act, the department of corrections and the department of 21 public safety shall make every effort to preserve correctional 22 officer and peace officer positions through the reduction of 23 administrative and related overhead costs. 24 Sec. 26. EFFECTIVE UPON ENACTMENT. The provision of this 25 Act eliminating the chief security officer position within 26 the department of corrections, being deemed of immediate 27 importance, takes effect upon enactment. 28 EXPLANATION 29 This bill makes appropriations from the general fund of the 30 state for fiscal year 2010-2011 to the departments of justice, 31 corrections, public defense, and public safety, and the Iowa 32 law enforcement academy, office of the state public defender, 33 board of parole, and Iowa state civil rights commission. 34 The bill also appropriates moneys from the department of 35 -23- LSB 5092JB (2) 83 jm/jp 23/ 25
S.F. _____ H.F. _____ commerce revolving fund created in Code section 546.12 to the 1 office of consumer advocate of the department of justice. 2 The bill requires the department of corrections to employ 3 two part-time nurses at the Luster Heights correctional 4 facility. 5 The bill requires the department of corrections to place 6 inmates at the Luster Heights facility who have been approved 7 by the board of parole for work release but who have been 8 waiting for a bed to become available at a community-based 9 correctional facility, unless the placement dislodges an inmate 10 receiving substance abuse treatment. 11 The bill requires the department of corrections to seek 12 volunteer medical personnel to serve at correctional facilities 13 throughout the state. 14 Code section 8A.302 is amended to provide that the state 15 department of transportation, the department of blind, and any 16 other state agency other than the state board of regents, must 17 receive authorization from the department of administrative 18 services prior to making purchases of products provided for by 19 Iowa state industries under Code section 904.808. 20 Code sections 99D.14 and 99F.10 are amended to provide that 21 the portion of the regulatory fees collected for the regulatory 22 activities of special agents and gambling enforcement officers 23 of the department of public safety, division of criminal 24 investigation and associated costs, are appropriated to the 25 department of public safety to be used for such activities 26 instead of being credited to the general fund. 27 Code section 809A.17 is amended to provide that the 28 department of justice shall not retain more than 10 percent 29 of any cash forfeiture made by a law enforcement agency or 10 30 percent of the gross proceeds from the sale of any forfeited 31 real property. The bill requires the balance of any cash 32 forfeiture or the proceeds from the sale of forfeited real 33 property be distributed to the seizing agency for use by the 34 agency or for division among law enforcement agencies and 35 -24- LSB 5092JB (2) 83 jm/jp 24/ 25
S.F. _____ H.F. _____ county attorneys pursuant to any agreement entered into by the 1 seizing agency. In the event of a cash forfeiture in excess 2 of $400,000, the distribution shall be as follows: 45 percent 3 shall be retained by the seizing agency; 45 percent shall be 4 distributed to other law enforcement agencies within the region 5 of the seizing agency; and 10 percent shall be retained by the 6 department of justice. 7 Code section 904.315 is amended to provide that a contract 8 is not required for improvements at a state institution where 9 the labor of inmates is used and the estimated cost of the 10 improvements does not exceed $100,000. Currently, the contract 11 requirement threshold is $50,000. 12 The bill amends Code section 904A.4B to provide that the 13 chairperson may act as executive director of the board of 14 parole, if the board does not appoint such a director. The 15 duties of the executive director are specified in Code section 16 904A.4B. 17 The bill eliminates the chief security officer position 18 within the department of corrections effective upon enactment. 19 -25- LSB 5092JB (2) 83 jm/jp 25/ 25