S.F. 2071 DIVISION I 1 CORRECTIONS —— APPROPRIATIONS 2 Section 1. 2011 Iowa Acts, chapter 134, section 3, is 3 amended to read as follows: 4 SEC. 3. DEPARTMENT OF CORRECTIONS —— FACILITIES. 5 1. There is appropriated from the general fund of the 6 state to the department of corrections for the fiscal year 7 beginning July 1, 2011, and ending June 30, 2012, the following 8 amounts, or so much thereof as is necessary, to be used for the 9 operation of adult correctional institutions, reimbursement 10 of counties for certain confinement costs, and federal prison 11 reimbursement, to be allocated as follows: 12 a. For the operation of the Fort Madison correctional 13 facility, including salaries, support, maintenance, and 14 miscellaneous purposes: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 41,031,283 16 42,292,031 17 b. For the operation of the Anamosa correctional facility, 18 including salaries, support, maintenance, and miscellaneous 19 purposes: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,985,974 21 32,168,148 22 c. For the operation of the Oakdale correctional facility, 23 including salaries, support, maintenance, and miscellaneous 24 purposes: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 55,594,426 26 56,589,899 27 d. For the operation of the Newton correctional facility, 28 including salaries, support, maintenance, and miscellaneous 29 purposes: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,958,757 31 26,601,701 32 e. For the operation of the Mt. Pleasant correctional 33 facility, including salaries, support, maintenance, and 34 miscellaneous purposes: 35 -1- LSB 5524SV (4) 84 jp/tm 1/ 10

S.F. 2071 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,917,815 1 26,321,902 2 f. For the operation of the Rockwell City correctional 3 facility, including salaries, support, maintenance, and 4 miscellaneous purposes: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,316,466 6 9,490,461 7 g. For the operation of the Clarinda correctional facility, 8 including salaries, support, maintenance, and miscellaneous 9 purposes: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,482,356 11 24,857,130 12 Moneys received by the department of corrections as 13 reimbursement for services provided to the Clarinda youth 14 corporation are appropriated to the department and shall be 15 used for the purpose of operating the Clarinda correctional 16 facility. 17 h. For the operation of the Mitchellville correctional 18 facility, including salaries, support, maintenance, and 19 miscellaneous purposes: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,615,374 21 16,049,305 22 i. For the operation of the Fort Dodge correctional 23 facility, including salaries, support, maintenance, and 24 miscellaneous purposes: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,062,235 26 29,456,158 27 j. For reimbursement of counties for temporary confinement 28 of work release and parole violators, as provided in sections 29 901.7 , 904.908 , and 906.17 , and for offenders confined pursuant 30 to section 904.513 : 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 775,092 32 1,075,092 33 k. For federal prison reimbursement, reimbursements for 34 out-of-state placements, and miscellaneous contracts: 35 -2- LSB 5524SV (4) 84 jp/tm 2/ 10

S.F. 2071 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 239,411 1 484,411 2 l. For three correctional officer full-time equivalent 3 positions that are to be assigned to a correctional institution 4 by the director of the department of corrections: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 157,162 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 and a Native American spiritual 9 leader. 10 DEPARTMENT OF CORRECTIONS —— ADMINISTRATION 11 Sec. 2. 2011 Iowa Acts, chapter 134, section 4, subsection 12 1, unnumbered paragraph 1, is amended to read as follows: 13 For general administration, including salaries, support, 14 maintenance, employment of an education director to administer 15 a centralized education program for the correctional system, 16 and miscellaneous purposes: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,835,542 18 5,181,582 19 JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL SERVICES 20 Sec. 3. 2011 Iowa Acts, chapter 134, section 5, subsection 21 1, is amended to read as follows: 22 1. There is appropriated from the general fund of the state 23 to the department of corrections for the fiscal year beginning 24 July 1, 2011, and ending June 30, 2012, for salaries, support, 25 maintenance, and miscellaneous purposes, the following amounts, 26 or so much thereof as is necessary, to be allocated as follows: 27 a. For the first judicial district department of 28 correctional services: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,204,948 30 12,658,088 31 b. For the second judicial district department of 32 correctional services: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,336,948 34 10,598,654 35 -3- LSB 5524SV (4) 84 jp/tm 3/ 10

S.F. 2071 c. For the third judicial district department of 1 correctional services: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,599,765 3 5,952,381 4 d. For the fourth judicial district department of 5 correctional services: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,391,355 7 5,442,351 8 e. For the fifth judicial district department of 9 correctional services, including funding for electronic 10 monitoring devices for use on a statewide basis: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,742,129 12 19,052,804 13 f. For the sixth judicial district department of 14 correctional services: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,112,563 16 13,712,506 17 g. For the seventh judicial district department of 18 correctional services: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,492,814 20 6,716,588 21 h. For the eighth judicial district department of 22 correctional services: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,879,715 24 7,372,419 25 DIVISION II 26 RISK POOL FUNDING 27 Sec. 4. RISK POOL APPLICATIONS FOR FISCAL YEAR 2011-2012. 28 1. For the purposes of this section, unless the context 29 otherwise requires: 30 a. “County management plan” means the county management 31 plan for the county’s mental health, mental retardation, and 32 developmental disabilities services system implemented in 33 accordance with section 331.439 and in effect as of July 1, 34 2011. 35 -4- LSB 5524SV (4) 84 jp/tm 4/ 10

S.F. 2071 b. “Department” means the department of human services. 1 c. “Risk pool board” means the risk pool board created in 2 section 426B.5 . 3 d. “Services fund” means the county mental health, mental 4 retardation, and developmental disabilities services fund 5 created in section 331.424A . 6 2. All moneys remaining following the distributions made 7 pursuant to 2011 Iowa Acts, chapter 129, section 43, shall be 8 credited to and remain in the risk pool created in the property 9 tax relief fund pursuant to section 426B.5 for expenditure as 10 provided by law. Notwithstanding section 426B.5, subsection 11 2, paragraph “d”, and 2011 Iowa Acts, chapter 129, section 43, 12 subsection 2, paragraph “c”, a county may apply to the risk 13 pool board for assistance from the risk pool for the fiscal 14 year beginning July 1, 2011, in accordance with this section. 15 3. a. A county with individuals on a waiting list, as of 16 the effective date of this section, for services covered under 17 the county’s county management plan is eligible to apply for a 18 distribution of assistance under this section. 19 b. In addition, a county may apply for assistance to 20 cover the nonfederal share of medical assistance waiver costs 21 chargeable to the county for the remainder of the fiscal 22 year of individuals who moved from the newly implemented 23 state waiting list for the medical assistance program home 24 and community-based services waiver for persons with an 25 intellectual disability. 26 c. In addition, a county may apply for risk pool assistance 27 based on the basic eligibility conditions and circumstances 28 specified in section 426B.5, subsection 2. The dates specified 29 in this section shall apply in lieu of the dates in section 30 426B.5, subsection 2, and the temporary funding increase 31 provided to counties for the fiscal year beginning July 1, 32 2009, through the federal American Recovery and Reinvestment 33 Act of 2009, Pub. L. No. 111-5, shall be disregarded. However, 34 the other basic eligibility requirements for risk pool 35 -5- LSB 5524SV (4) 84 jp/tm 5/ 10

S.F. 2071 assistance and all other requirements in section 426B.5, 1 subsection 2, shall remain applicable. 2 4. All of the following provisions shall apply to a funding 3 distribution under this section: 4 a. A county’s application for the funding distribution must 5 be received by the department within 10 calendar days of the 6 enactment date of this section. 7 b. The county’s application shall provide all of the 8 following information: 9 (1) A declaration that the county cannot provide services 10 in accordance with the county’s management plan and remain in 11 compliance with the 99 percent budgeting requirement in section 12 331.439, subsection 5 , resulting in the creation of a waiting 13 list or the need for the funding requested. 14 (2) An accounting of the individuals to be removed from 15 the county’s waiting list or to have services funded with risk 16 pool moneys as a result of the funding applied for under this 17 subsection, along with the following information in a format 18 specified by the department: 19 (a) Each individual’s unique client identifier established 20 pursuant to section 225C.6A, subsection 3 . 21 (b) The date the individual was originally placed on the 22 county waiting list, removed from the state waiting list, or 23 would be subject to a service reduction or elimination without 24 the risk pool funding requested. 25 (c) The services needed by the individual. 26 (d) The projected cost for each service needed for that 27 individual for the period beginning on the date the individual 28 is removed from the county or state waiting list, or the date 29 of receipt of the risk pool funding requested, through June 30, 30 2012. 31 (e) The total cost for all of the services for each 32 individual for the fiscal year. 33 c. The application shall be accompanied by a signed 34 statement by the county’s board of supervisors certifying 35 -6- LSB 5524SV (4) 84 jp/tm 6/ 10

S.F. 2071 that the individuals for whom funding is provided under this 1 subsection will not, through June 30, 2012, be placed by the 2 county on a waiting list for services. 3 d. Funding shall be distributed in the following priority 4 order: 5 (1) For counties with individuals on a waiting list as 6 described in subsection 3, paragraph “a”. 7 (2) If funding remains after meeting the need described 8 in subparagraph (1), for counties applying for assistance to 9 cover the nonfederal share of medical assistance costs for 10 individuals who moved from the state waiting list as described 11 in subsection 3, paragraph “b”. 12 (3) If funding remains after meeting the need described in 13 subparagraphs (1) and (2), for counties applying in accordance 14 with the basic eligibility conditions and circumstances 15 specified in section 426B.5, subsection 2, as described in 16 subsection 3, paragraph “c”. 17 e. The risk pool board may accept or reject an application 18 for assistance in whole or in part if the board determines 19 the application does not meet the intent of this section or 20 a requirement of this section and, subject to the priority 21 order specified in paragraph “d”, may prorate distribution of 22 funding as necessary to conform to the amount available for 23 distribution. The decision of the risk pool board is final. 24 The risk pool board shall issue a funding decision within 15 25 working days of the final receipt date for applications. 26 f. The funding addressed by this section shall be 27 distributed within 15 working days of the date the risk pool 28 board’s funding decision is issued. 29 5. If moneys from a distribution made under this section 30 are not expended by a county by November 1, 2012, for services 31 provided prior to July 1, 2012, the county shall reimburse the 32 unexpended moneys to the department by November 30, 2012, and 33 the moneys reimbursed shall be credited to the risk pool in the 34 property tax relief fund. 35 -7- LSB 5524SV (4) 84 jp/tm 7/ 10

S.F. 2071 6. The risk pool board shall submit a report to the governor 1 and general assembly on or before December 31, 2012, regarding 2 the expenditure of funds distributed under this section. 3 DIVISION III 4 EFFECTIVE DATE 5 Sec. 5. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 6 immediate importance, takes effect upon enactment. 7 EXPLANATION 8 This bill makes supplemental appropriations from the general 9 fund of the state for fiscal year 2011-2012 to the department 10 of corrections and authorizes additional applications for and 11 expenditures from the risk pool in the property tax relief 12 fund for purposes of county mental health, mental retardation, 13 and developmental disabilities (MH/MR/DD) services for FY 14 2011-2012. The bill is organized into divisions. 15 CORRECTIONS —— APPROPRIATIONS. The following appropriations 16 made in 2011 Iowa Acts, chapter 134 (SF 510), to the department 17 of corrections are addressed: correctional facilities, 18 administration, and judicial district departments of 19 correctional services (community-based corrections or CBCs). 20 RISK POOL FUNDING. Code section 426B.5, subsection 2, 21 establishes the risk pool within the property tax relief fund 22 to provide assistance to counties in funding adult mental 23 health, mental retardation, and developmental disabilities 24 services. The risk pool is administered by the department of 25 human services. Under 2011 Iowa Acts, chapter 129 (HF 649), 26 section 43, two distributions were made to counties to address 27 waiting lists for such services, one in July 2011 and the other 28 in December 2011. The bill authorizes counties to apply to the 29 risk pool for moneys remaining after those distributions. 30 The bill defines the following terms: “county management 31 plan” means the management plan for the county’s MH/MR/DD 32 services implemented in accordance with Code section 331.439 in 33 effect as of July 1, 2011; “department” means the department 34 of human services; “risk pool board” means the risk pool board 35 -8- LSB 5524SV (4) 84 jp/tm 8/ 10

S.F. 2071 created in Code section 426B.5; and “services fund” means the 1 county MH/MR/DD services fund created in Code section 331.424A. 2 Three groups are authorized to apply for assistance. First, 3 counties with a waiting list for services as of the bill’s 4 effective date may apply for a funding distribution to pay for 5 services to the individuals in order to eliminate the waiting 6 list. Second, counties may apply for a distribution to cover 7 the costs chargeable to the county for the remainder of the 8 fiscal year of individuals who moved from the newly implemented 9 state waiting list for the medical assistance (Medicaid) 10 program home and community-based services waiver for persons 11 with an intellectual disability. The state waiting list was 12 implemented in October 2011. Previously, the waiting list was 13 managed by counties on an individual county basis. Third, 14 counties may apply based upon the risk pool basic eligibility 15 provisions and criteria in Code section 426B.5. Assistance is 16 to be distributed to first cover the need for the first group, 17 then the second group, and finally the third group. 18 An application for assistance is required to provide certain 19 information including the individuals involved, services 20 needed, and costs along with verification that the individuals 21 will not again be placed on a waiting list through June 30, 22 2012. Any amount of a funding distribution that is unused is 23 required to be reimbursed to the risk pool. 24 The risk pool board is authorized to accept or reject an 25 application in whole or in part and to prorate distribution if 26 necessary to conform to the amount available for distribution. 27 The bill provides for the following dates to be used 28 relating to the assistance authorized by the bill: a county’s 29 application for risk pool assistance must be received by the 30 department of human services within 10 calendar days of the 31 enactment date of the bill, the risk pool board shall make its 32 final decisions concerning the acceptance or rejections of the 33 applications for assistance within 15 working days of the final 34 receipt date for applications, and the warrants providing the 35 -9- LSB 5524SV (4) 84 jp/tm 9/ 10