House File 2492 - Introduced HOUSE FILE 2492 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO HSB 694) A BILL FOR An Act relating to appropriations to the justice system. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5032HV (1) 87 jm/rn
H.F. 2492 Section 1. 2017 Iowa Acts, chapter 167, section 27, is 1 amended to read as follows: 2 SEC. 27. DEPARTMENT OF JUSTICE. 3 1. There is appropriated from the general fund of the state 4 to the department of justice for the fiscal year beginning July 5 1, 2018, and ending June 30, 2019, the following amounts, or 6 so much thereof as is necessary, to be used for the purposes 7 designated: 8 a. For the general office of attorney general for salaries, 9 support, maintenance, and miscellaneous purposes, including 10 the prosecuting attorneys training program, matching funds 11 for federal violence against women grant programs, victim 12 assistance grants, office of drug control policy prosecuting 13 attorney program, and odometer fraud enforcement, and for not 14 more than the following full-time equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,336,154 16 6,511,705 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 215.00 18 As a condition of receiving the appropriation provided 19 in this lettered paragraph, the department of justice shall 20 maintain a record of the estimated time incurred representing 21 each agency or department. 22 b. For victim assistance grants: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,508,354 24 5,016,708 25 The moneys appropriated in this lettered paragraph shall be 26 used to provide grants to care providers providing services to 27 crime victims of domestic abuse or to crime victims of rape and 28 sexual assault. 29 The balance of the victim compensation fund established 30 in section 915.94 may be used to provide salary and support 31 of not more than 24.00 full-time equivalent positions and to 32 provide maintenance for the victim compensation functions 33 of the department of justice. In addition to the full-time 34 equivalent positions authorized pursuant to this paragraph, 35 -1- LSB 5032HV (1) 87 jm/rn 1/ 25
H.F. 2492 5.00 full-time equivalent positions are authorized and shall 1 be used by the department of justice to employ one accountant 2 and four program planners. The department of justice may 3 employ the additional 5.00 full-time equivalent positions 4 authorized pursuant to this paragraph that are in excess of the 5 number of full-time equivalent positions authorized only if 6 the department of justice receives sufficient federal moneys 7 to maintain employment for the additional full-time equivalent 8 positions during the current fiscal year. The department 9 of justice shall only employ the additional 5.00 full-time 10 equivalent positions in succeeding fiscal years if sufficient 11 federal moneys are received during each of those succeeding 12 fiscal years. 13 The department of justice shall transfer at least $150,000 14 from the victim compensation fund established in section 915.94 15 to the victim assistance grant program. 16 Notwithstanding section 8.33 , moneys appropriated in this 17 paragraph “b” that remain unencumbered or unobligated at the 18 close of the fiscal year shall not revert but shall remain 19 available for expenditure for the purposes designated until the 20 close of the succeeding fiscal year. 21 c. For legal services for persons in poverty grants as 22 provided in section 13.34 : 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,152,301 24 2,304,601 25 2. a. The department of justice, in submitting budget 26 estimates for the fiscal year commencing July 1, 2019, pursuant 27 to section 8.23 , shall include a report of funding from sources 28 other than amounts appropriated directly from the general fund 29 of the state to the department of justice or to the office of 30 consumer advocate. These funding sources shall include but 31 are not limited to reimbursements from other state agencies, 32 commissions, boards, or similar entities, and reimbursements 33 from special funds or internal accounts within the department 34 of justice. The department of justice shall also report actual 35 -2- LSB 5032HV (1) 87 jm/rn 2/ 25
H.F. 2492 reimbursements for the fiscal year commencing July 1, 2017, 1 and actual and expected reimbursements for the fiscal year 2 commencing July 1, 2018. 3 b. The department of justice shall include the report 4 required under paragraph “a”, as well as information regarding 5 any revisions occurring as a result of reimbursements actually 6 received or expected at a later date, in a report to the 7 co-chairpersons and ranking members of the joint appropriations 8 subcommittee on the justice system and the legislative services 9 agency. The department of justice shall submit the report on 10 or before January 15, 2019. 11 3. a. The department of justice shall fully reimburse 12 the costs and necessary related expenses incurred by the Iowa 13 law enforcement academy to continue to employ one additional 14 instructor position who shall provide training for domestic 15 abuse and human trafficking-related issues throughout the 16 state. 17 b. The department of justice shall obtain the moneys 18 necessary to reimburse the Iowa law enforcement academy to 19 employ such an instructor from unrestricted moneys from either 20 the victim compensation fund established in section 915.94 , the 21 human trafficking victim fund established in section 915.95 , or 22 the human trafficking enforcement fund established in 2015 Iowa 23 Acts, chapter 138, section 141 . 24 Sec. 2. 2017 Iowa Acts, chapter 167, section 28, is amended 25 to read as follows: 26 SEC. 28. OFFICE OF CONSUMER ADVOCATE. There is appropriated 27 from the department of commerce revolving fund created in 28 section 546.12 to the office of consumer advocate of the 29 department of justice for the fiscal year beginning July 1, 30 2018, and ending June 30, 2019, the following amount, or so 31 much thereof as is necessary, to be used for the purposes 32 designated: 33 For salaries, support, maintenance, and miscellaneous 34 purposes, and for not more than the following full-time 35 -3- LSB 5032HV (1) 87 jm/rn 3/ 25
H.F. 2492 equivalent positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,568,794 2 3,137,588 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 22.00 4 Sec. 3. 2017 Iowa Acts, chapter 167, section 29, is amended 5 to read as follows: 6 SEC. 29. DEPARTMENT OF CORRECTIONS —— FACILITIES. 7 1. There is appropriated from the general fund of the state 8 to the department of corrections for the fiscal year beginning 9 July 1, 2018, and ending June 30, 2019, the following amounts, 10 or so much thereof as is necessary, to be used for the purposes 11 designated: 12 a. For the operation of the Fort Madison correctional 13 facility, including salaries, support, maintenance, and 14 miscellaneous purposes: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21,359,525 16 41,079,882 17 b. For the operation of the Anamosa correctional facility, 18 including salaries, support, maintenance, and miscellaneous 19 purposes: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,413,582 21 32,164,148 22 c. For the operation of the Oakdale correctional facility, 23 including salaries, support, maintenance, and miscellaneous 24 purposes: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,745,767 26 60,314,427 27 d. For the operation of the Newton correctional facility, 28 including salaries, support, maintenance, and miscellaneous 29 purposes: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,830,610 31 28,061,220 32 e. For the operation of the Mount Pleasant correctional 33 facility, including salaries, support, maintenance, and 34 miscellaneous purposes: 35 -4- LSB 5032HV (1) 87 jm/rn 4/ 25
H.F. 2492 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,338,207 1 25,526,413 2 f. For the operation of the Rockwell City correctional 3 facility, including salaries, support, maintenance, and 4 miscellaneous purposes: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,860,229 6 10,458,861 7 g. For the operation of the Clarinda correctional facility, 8 including salaries, support, maintenance, and miscellaneous 9 purposes: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,542,703 11 24,780,950 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,197,045 21 22,594,090 22 i. For the operation of the Fort Dodge correctional 23 facility, including salaries, support, maintenance, and 24 miscellaneous purposes: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,883,498 26 29,660,231 27 j. For reimbursement of counties for temporary confinement 28 of prisoners, as provided in sections 901.7 , 904.908 , and 29 906.17 , and for offenders confined pursuant to section 904.513 : 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 787,546 31 1,575,092 32 k. For federal prison reimbursement, reimbursements for 33 out-of-state placements, and miscellaneous contracts: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 242,206 35 -5- LSB 5032HV (1) 87 jm/rn 5/ 25
H.F. 2492 484,411 1 2. The department of corrections shall use moneys 2 appropriated in subsection 1 to continue to contract for the 3 services of a Muslim imam and a Native American spiritual 4 leader. 5 Sec. 4. 2017 Iowa Acts, chapter 167, section 30, is amended 6 to read as follows: 7 SEC. 30. DEPARTMENT OF CORRECTIONS —— ADMINISTRATION. 8 There is appropriated from the general fund of the state to the 9 department of corrections for the fiscal year beginning July 10 1, 2018, and ending June 30, 2019, the following amounts, or 11 so much thereof as is necessary, to be used for the purposes 12 designated: 13 1. For general administration, including salaries and the 14 adjustment of salaries throughout the department , support, 15 maintenance, employment of an education director to administer 16 a centralized education program for the correctional system, 17 and miscellaneous purposes: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,576,953 19 9,933,851 20 a. It is the intent of the general assembly that each 21 lease negotiated by the department of corrections with a 22 private corporation for the purpose of providing private 23 industry employment of inmates in a correctional institution 24 shall prohibit the private corporation from utilizing inmate 25 labor for partisan political purposes for any person seeking 26 election to public office in this state and that a violation 27 of this requirement shall result in a termination of the lease 28 agreement. 29 b. It is the intent of the general assembly that as a 30 condition of receiving the appropriation provided in this 31 subsection the department of corrections shall not enter into 32 a lease or contractual agreement pursuant to section 904.809 33 with a private corporation for the use of building space for 34 the purpose of providing inmate employment without providing 35 -6- LSB 5032HV (1) 87 jm/rn 6/ 25
H.F. 2492 that the terms of the lease or contract establish safeguards to 1 restrict, to the greatest extent feasible, access by inmates 2 working for the private corporation to personal identifying 3 information of citizens. 4 2. For educational programs for inmates at state penal 5 institutions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,304,055 7 2,608,109 8 a. To maximize the funding for educational programs, 9 the department shall establish guidelines and procedures to 10 prioritize the availability of educational and vocational 11 training for inmates based upon the goal of facilitating an 12 inmate’s successful release from the correctional institution. 13 b. The director of the department of corrections may 14 transfer moneys from Iowa prison industries and the canteen 15 operating funds established pursuant to section 904.310 , for 16 use in educational programs for inmates. 17 c. Notwithstanding section 8.33 , moneys appropriated in 18 this subsection that remain unobligated or unexpended at the 19 close of the fiscal year shall not revert but shall remain 20 available to be used only for the purposes designated in this 21 subsection until the close of the succeeding fiscal year. 22 3. For the development of the Iowa corrections offender 23 network (ICON) data system: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 25 2,000,000 26 4. For offender mental health and substance abuse 27 treatment: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,033 29 28,065 30 5. For department-wide duties, including operations, costs, 31 and miscellaneous purposes: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 648,947 33 Sec. 5. 2017 Iowa Acts, chapter 167, section 31, is amended 34 to read as follows: 35 -7- LSB 5032HV (1) 87 jm/rn 7/ 25
H.F. 2492 SEC. 31. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 1 SERVICES. 2 1. There is appropriated from the general fund of the state 3 to the department of corrections for the fiscal year beginning 4 July 1, 2018, and ending June 30, 2019, for salaries, support, 5 maintenance, and miscellaneous purposes, the following amounts, 6 or so much thereof as is necessary, to be used for the purposes 7 designated: 8 a. For the first judicial district department of 9 correctional services: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,318,383 11 14,786,766 12 It is the intent of the general assembly that the first 13 judicial district department of correctional services maintain 14 the drug courts operated by the district department. 15 b. For the second judicial district department of 16 correctional services: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,691,870 18 11,433,739 19 It is the intent of the general assembly that the second 20 judicial district department of correctional services establish 21 and maintain two drug courts to be operated by the district 22 department. 23 c. For the third judicial district department of 24 correctional services: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,583,979 26 7,167,957 27 d. For the fourth judicial district department of 28 correctional services: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,789,961 30 5,679,922 31 e. For the fifth judicial district department of 32 correctional services, including funding for electronic 33 monitoring devices for use on a statewide basis: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,428,970 35 -8- LSB 5032HV (1) 87 jm/rn 8/ 25
H.F. 2492 21,557,940 1 It is the intent of the general assembly that the fifth 2 judicial district department of correctional services maintain 3 the drug court operated by the district department. 4 f. For the sixth judicial district department of 5 correctional services: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,356,583 7 14,713,165 8 It is the intent of the general assembly that the sixth 9 judicial district department of correctional services maintain 10 the drug court operated by the district department. 11 g. For the seventh judicial district department of 12 correctional services: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,888,671 14 7,777,341 15 It is the intent of the general assembly that the seventh 16 judicial district department of correctional services maintain 17 the drug court operated by the district department. 18 h. For the eighth judicial district department of 19 correctional services: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,042,261 21 8,084,521 22 2. Each judicial district department of correctional 23 services, within the funding available, shall continue programs 24 and plans established within that district to provide for 25 intensive supervision, sex offender treatment, diversion of 26 low-risk offenders to the least restrictive sanction available, 27 job development, and expanded use of intermediate criminal 28 sanctions. 29 3. Each judicial district department of correctional 30 services shall provide alternatives to prison consistent with 31 chapter 901B . The alternatives to prison shall ensure public 32 safety while providing maximum rehabilitation to the offender. 33 A judicial district department of correctional services may 34 also establish a day program. 35 -9- LSB 5032HV (1) 87 jm/rn 9/ 25
H.F. 2492 4. The governor’s office of drug control policy shall 1 consider federal grants made to the department of corrections 2 for the benefit of each of the eight judicial district 3 departments of correctional services as local government 4 grants, as defined pursuant to federal regulations. 5 5. The department of corrections shall continue to contract 6 with a judicial district department of correctional services to 7 provide for the rental of electronic monitoring equipment which 8 shall be available statewide. 9 6. Notwithstanding this section, and as a condition of 10 receiving the appropriation in this section, each judicial 11 district department of correctional services shall not expend 12 moneys appropriated in this section on the implementation, 13 development, or use of pretrial risk assessments, and shall 14 terminate any pretrial risk assessment pilot programs by 15 December 31, 2018, until such time that the use of pretrial 16 risk assessments are authorized by the general assembly. 17 Sec. 6. 2017 Iowa Acts, chapter 167, section 36, is amended 18 to read as follows: 19 SEC. 36. IOWA LAW ENFORCEMENT ACADEMY. 20 1. There is appropriated from the general fund of the 21 state to the Iowa law enforcement academy for the fiscal year 22 beginning July 1, 2018, and ending June 30, 2019, the following 23 amount, or so much thereof as is necessary, to be used for the 24 purposes designated: 25 For salaries, support, maintenance, and miscellaneous 26 purposes, including jailer training and technical assistance, 27 and for not more than the following full-time equivalent 28 positions: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 477,378 30 971,341 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 25.00 32 26.00 33 The Iowa law enforcement academy may temporarily exceed and 34 draw more than the amount appropriated in this subsection and 35 -10- LSB 5032HV (1) 87 jm/rn 10/ 25
H.F. 2492 incur a negative cash balance as long as there are receivables 1 equal to or greater than the negative balance and the amount 2 appropriated in this subsection is not exceeded at the close 3 of the fiscal year. 4 2. The Iowa law enforcement academy may select at least 5 five automobiles of the department of public safety, division 6 of state patrol, prior to turning over the automobiles to 7 the department of administrative services to be disposed 8 of by public auction, and the Iowa law enforcement academy 9 may exchange any automobile owned by the academy for each 10 automobile selected if the selected automobile is used in 11 training law enforcement officers at the academy. However, any 12 automobile exchanged by the academy shall be substituted for 13 the selected vehicle of the department of public safety and 14 sold by public auction with the receipts being deposited in the 15 depreciation fund to the credit of the department of public 16 safety, division of state patrol. 17 3. The Iowa law enforcement academy shall provide training 18 for domestic abuse and human trafficking-related issues 19 throughout the state. The training shall be offered at no 20 cost to the attendees and the training shall not replace any 21 existing domestic abuse or human trafficking training offered 22 by the academy. 23 Sec. 7. 2017 Iowa Acts, chapter 167, section 37, is amended 24 to read as follows: 25 SEC. 37. STATE PUBLIC DEFENDER. There is appropriated from 26 the general fund of the state to the office of the state public 27 defender of the department of inspections and appeals for the 28 fiscal year beginning July 1, 2018, and ending June 30, 2019, 29 the following amounts, or so much thereof as is necessary, to 30 be used for the purposes designated: 31 1. For salaries, support, maintenance, and miscellaneous 32 purposes, and for not more than the following full-time 33 equivalent positions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,091,122 35 -11- LSB 5032HV (1) 87 jm/rn 11/ 25
H.F. 2492 26,505,299 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 223.00 2 2. For payments on behalf of eligible adults and juveniles 3 from the indigent defense fund, in accordance with section 4 815.11 : 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,722,224 6 35,144,448 7 Sec. 8. 2017 Iowa Acts, chapter 167, section 38, is amended 8 to read as follows: 9 SEC. 38. BOARD OF PAROLE. There is appropriated from the 10 general fund of the state to the board of parole for the fiscal 11 year beginning July 1, 2018, and ending June 30, 2019, the 12 following amount, or so much thereof as is necessary, to be 13 used for the purposes designated: 14 For salaries, support, maintenance, and miscellaneous 15 purposes, and for not more than the following full-time 16 equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 595,866 18 1,221,374 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.75 20 Sec. 9. 2017 Iowa Acts, chapter 167, section 39, is amended 21 to read as follows: 22 SEC. 39. DEPARTMENT OF PUBLIC DEFENSE. 23 1. There is appropriated from the general fund of the 24 state to the department of public defense, for the fiscal year 25 beginning July 1, 2018, and ending June 30, 2019, the following 26 amounts, or so much thereof as is necessary, to be used for the 27 purposes designated: 28 For salaries, support, maintenance, and miscellaneous 29 purposes, and for not more than the following full-time 30 equivalent positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,111,662 32 6,334,961 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 248.00 34 2. The department of public defense may temporarily exceed 35 -12- LSB 5032HV (1) 87 jm/rn 12/ 25
H.F. 2492 and draw more than the amount appropriated in this section and 1 incur a negative cash balance as long as there are receivables 2 of federal funds equal to or greater than the negative balance 3 and the amount appropriated in this section is not exceeded at 4 the close of the fiscal year. 5 Sec. 10. 2017 Iowa Acts, chapter 167, section 40, is amended 6 to read as follows: 7 SEC. 40. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 8 MANAGEMENT. 9 1. There is appropriated from the general fund of the state 10 to the department of homeland security and emergency management 11 for the fiscal year beginning July 1, 2018, and ending June 12 30, 2019, the following amounts, or so much thereof as is 13 necessary, to be used for the purposes designated: 14 For salaries, support, maintenance, and miscellaneous 15 purposes, and for not more than the following full-time 16 equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,060,964 18 2,123,610 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 33.87 20 2. The department of homeland security and emergency 21 management may temporarily exceed and draw more than the amount 22 appropriated in this section and incur a negative cash balance 23 as long as there are receivables of federal funds equal to or 24 greater than the negative balance and the amount appropriated 25 in this section is not exceeded at the close of the fiscal 26 year. 27 Sec. 11. 2017 Iowa Acts, chapter 167, section 41, is amended 28 to read as follows: 29 SEC. 41. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 30 from the general fund of the state to the department of public 31 safety for the fiscal year beginning July 1, 2018, and ending 32 June 30, 2019, the following amounts, or so much thereof as is 33 necessary, to be used for the purposes designated: 34 1. For the department’s administrative functions, including 35 -13- LSB 5032HV (1) 87 jm/rn 13/ 25
H.F. 2492 salaries and the adjustment of salaries throughout the 1 department, the criminal justice information system, and for 2 not more than the following full-time equivalent positions: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,071,566 4 6,631,377 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 37.00 6 2. For the division of criminal investigation, including 7 the state’s contribution to the peace officers’ retirement, 8 accident, and disability system provided in chapter 97A in the 9 amount of the state’s normal contribution rate, as defined in 10 section 97A.8 , multiplied by the salaries for which the moneys 11 are appropriated, to meet federal fund matching requirements, 12 and for not more than the following full-time equivalent 13 positions: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,795,272 15 14,463,083 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 160.00 17 162.00 18 a. As a condition of the appropriation in this subsection, 19 the division of criminal investigation shall expend up to 20 $200,000 to employ 2.0 full-time equivalent positions to assist 21 in expediting the processing and analysis of DNA samples. 22 b. The division of criminal investigation may employ two of 23 the three additional full-time equivalent positions authorized 24 pursuant to this subsection that are in excess of the number 25 of full-time equivalent positions authorized for the previous 26 fiscal year only if the division of criminal investigation 27 receives sufficient federal moneys to maintain employment for 28 the additional 2.00 full-time equivalent positions during the 29 current fiscal year. The division of criminal investigation 30 shall only employ the additional 2.00 full-time equivalent 31 positions in succeeding fiscal years if sufficient federal 32 moneys are received during each of those succeeding fiscal 33 years. 34 3. For the criminalistics laboratory fund created in 35 -14- LSB 5032HV (1) 87 jm/rn 14/ 25
H.F. 2492 section 691.9 : 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 151,173 2 302,345 3 4. a. For the division of narcotics enforcement, including 4 the state’s contribution to the peace officers’ retirement, 5 accident, and disability system provided in chapter 97A in the 6 amount of the state’s normal contribution rate, as defined in 7 section 97A.8 , multiplied by the salaries for which the moneys 8 are appropriated, to meet federal fund matching requirements, 9 and for not more than the following full-time equivalent 10 positions: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,726,650 12 7,585,873 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 66.50 14 The division of narcotics enforcement may employ an 15 additional 1.00 full-time equivalent position authorized 16 pursuant to this lettered paragraph that is in excess of 17 the number of full-time equivalent positions authorized for 18 the previous fiscal year only if the division of narcotics 19 enforcement receives sufficient federal moneys to maintain 20 employment for the additional full-time equivalent position 21 during the current fiscal year. The division of narcotics 22 enforcement shall only employ the additional full-time 23 equivalent position in succeeding fiscal years if sufficient 24 federal moneys are received during each of those succeeding 25 fiscal years. 26 b. For the division of narcotics enforcement for undercover 27 purchases: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 54,521 29 109,042 30 5. For the division of state fire marshal, for fire 31 protection services as provided through the state fire service 32 and emergency response council as created in the department, 33 and for the state’s contribution to the peace officers’ 34 retirement, accident, and disability system provided in chapter 35 -15- LSB 5032HV (1) 87 jm/rn 15/ 25
H.F. 2492 97A in the amount of the state’s normal contribution rate, 1 as defined in section 97A.8 , multiplied by the salaries for 2 which the moneys are appropriated, and for not more than the 3 following full-time equivalent positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,343,357 5 4,765,056 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 53.00 7 6. For the division of state patrol, for salaries, support, 8 maintenance, workers’ compensation costs, and miscellaneous 9 purposes, including the state’s contribution to the peace 10 officers’ retirement, accident, and disability system provided 11 in chapter 97A in the amount of the state’s normal contribution 12 rate, as defined in section 97A.8 , multiplied by the salaries 13 for which the moneys are appropriated, and for not more than 14 the following full-time equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,683,170 16 62,126,287 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 511.40 18 It is the intent of the general assembly that members of the 19 state patrol be assigned to patrol the highways and roads in 20 lieu of assignments for inspecting school buses for the school 21 districts. 22 7. For deposit in the sick leave benefits fund established 23 under section 80.42 for all departmental employees eligible to 24 receive benefits for accrued sick leave under the collective 25 bargaining agreement: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 139,759 27 279,517 28 8. For costs associated with the training and equipment 29 needs of volunteer fire fighters: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 412,760 31 825,520 32 a. Notwithstanding section 8.33 , moneys appropriated in 33 this subsection that remain unencumbered or unobligated at the 34 close of the fiscal year shall not revert but shall remain 35 -16- LSB 5032HV (1) 87 jm/rn 16/ 25
H.F. 2492 available for expenditure only for the purpose designated in 1 this subsection until the close of the succeeding fiscal year. 2 b. Notwithstanding section 8.39 , the department of public 3 safety may reallocate moneys appropriated in this section 4 as necessary to best fulfill the needs provided for in the 5 appropriation. However, the department shall not reallocate 6 moneys appropriated to the department in this section unless 7 notice of the reallocation is given to the legislative services 8 agency and the department of management prior to the effective 9 date of the reallocation. The notice shall include information 10 regarding the rationale for reallocating the moneys. The 11 department shall not reallocate moneys appropriated in this 12 section for the purpose of eliminating any program. 13 9. For the public safety interoperable and broadband 14 communications fund established in section 80.44 : 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 57,831 16 115,661 17 10. For the office to combat human trafficking established 18 pursuant to section 80.45 as enacted by 2016 Iowa Acts, chapter 19 1077, section 1 , including salaries, support, maintenance, 20 miscellaneous purposes, and for not more than the following 21 full-time equivalent positions: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75,000 23 150,000 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 25 11. For department-wide duties, including operations, 26 costs, and miscellaneous purposes: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 917,487 28 Sec. 12. 2017 Iowa Acts, chapter 167, section 42, is amended 29 to read as follows: 30 SEC. 42. GAMING ENFORCEMENT. 31 1. There is appropriated from the gaming enforcement 32 revolving fund created in section 80.43 to the department of 33 public safety for the fiscal year beginning July 1, 2018, and 34 ending June 30, 2019, the following amount, or so much thereof 35 -17- LSB 5032HV (1) 87 jm/rn 17/ 25
H.F. 2492 as is necessary, to be used for the purposes designated: 1 For any direct support costs for agents and officers of 2 the division of criminal investigation’s excursion gambling 3 boat, gambling structure, and racetrack enclosure enforcement 4 activities, including salaries, support, maintenance, and 5 miscellaneous purposes, and for not more than the following 6 full-time equivalent positions: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,872,636 8 10,239,218 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 73.00 10 2. For each additional license to conduct gambling games on 11 an excursion gambling boat, gambling structure, or racetrack 12 enclosure issued during the fiscal year beginning July 1, 2018, 13 there is appropriated from the gaming enforcement fund to the 14 department of public safety for the fiscal year beginning July 15 1, 2018, and ending June 30, 2019, an additional amount of not 16 more than $300,000 to be used for not more than 3.00 additional 17 full-time equivalent positions. 18 3. The department of public safety, with the approval of the 19 department of management, may employ no more than three special 20 agents for each additional riverboat or gambling structure 21 regulated after July 1, 2018, and three special agents for 22 each racing facility which becomes operational during the 23 fiscal year which begins July 1, 2018. Positions authorized 24 in this subsection are in addition to the full-time equivalent 25 positions otherwise authorized in this section. 26 Sec. 13. 2017 Iowa Acts, chapter 167, section 43, is amended 27 to read as follows: 28 SEC. 43. CIVIL RIGHTS COMMISSION. 29 1. There is appropriated from the general fund of the state 30 to the Iowa state civil rights commission for the fiscal year 31 beginning July 1, 2018, and ending June 30, 2019, the following 32 amount, or so much thereof as is necessary, to be used for the 33 purposes designated: 34 For salaries, support, maintenance, and miscellaneous 35 -18- LSB 5032HV (1) 87 jm/rn 18/ 25
H.F. 2492 purposes, and for not more than the following full-time 1 equivalent positions: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 578,531 3 1,198,266 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 30.00 5 2. The Iowa state civil rights commission may enter into 6 a contract with a nonprofit organization to provide legal 7 assistance to resolve civil rights complaints. 8 Sec. 14. 2017 Iowa Acts, chapter 167, section 44, is amended 9 to read as follows: 10 SEC. 44. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION. 11 1. There is appropriated from the general fund of the state 12 to the criminal and juvenile justice planning division of the 13 department of human rights for the fiscal year beginning July 14 1, 2018, and ending June 30, 2019, the following amount or 15 so much thereof as is necessary, to be used for the purposes 16 designated: 17 For salaries, support, maintenance, and miscellaneous 18 purposes, and for not more than the following full-time 19 equivalent positions: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 593,917 21 1,209,410 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 9.56 23 2. The criminal and juvenile justice planning advisory 24 council and the juvenile justice advisory council shall 25 coordinate their efforts in carrying out their respective 26 duties relative to juvenile justice. 27 Sec. 15. 2017 Iowa Acts, chapter 167, section 45, is amended 28 to read as follows: 29 SEC. 45. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 30 MANAGEMENT. There is appropriated from the E911 911 emergency 31 communications fund created in section 34A.7A to the department 32 of homeland security and emergency management for the fiscal 33 year beginning July 1, 2018, and ending June 30, 2019, the 34 following amount, or so much thereof as is necessary, to be 35 -19- LSB 5032HV (1) 87 jm/rn 19/ 25
H.F. 2492 used for the purposes designated: 1 For implementation, support, and maintenance of the 2 functions of the administrator and program manager under 3 chapter 34A and to employ the auditor of the state to perform 4 an annual audit of the E911 911 emergency communications fund: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 6 250,000 7 Sec. 16. 2017 Iowa Acts, chapter 167, is amended by adding 8 the following new sections: 9 NEW SECTION . SEC. 46. REGIONAL HOUSING PROJECT. There is 10 appropriated from the Iowa skilled worker and job creation fund 11 created in section 8.75 to the department of corrections for 12 the fiscal year beginning July 1, 2018, and ending June 30, 13 2019, the following amount, or so much thereof as is necessary, 14 to be used for the purposes designated: 15 For implementation, support, maintenance, and capital 16 construction costs to develop a regional housing building 17 project: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 19 For purposes of section 8.33, unless specifically provided 20 otherwise, unencumbered or unobligated moneys remaining from 21 the appropriation in this section, shall not revert but shall 22 remain available for expenditure for the purposes designated 23 until the close of the fiscal year that ends three years after 24 the end of the fiscal year for which the appropriation is made. 25 However, if the project or projects for which the appropriation 26 was made are completed in an earlier fiscal year, unencumbered 27 or unobligated moneys shall revert at the close of that same 28 fiscal year. 29 NEW SECTION . SEC. 47. CONSUMER EDUCATION AND 30 LITIGATION —— FARM MEDIATION AND PROSECUTIONS, APPEALS, AND 31 CLAIMS. Notwithstanding section 714.16C, there is appropriated 32 from the consumer education and litigation fund to the 33 department of justice for the fiscal year beginning July 1, 34 2018, and ending June 30, 2019, the following amount, or so 35 -20- LSB 5032HV (1) 87 jm/rn 20/ 25
H.F. 2492 much thereof as is necessary, to be used for the purposes 1 designated: 2 a. For farm mediation services as specified in section 3 13.13, subsection 2: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300,000 5 b. For salaries, support, maintenance, and miscellaneous 6 purposes for criminal prosecutions, criminal appeals, and 7 performing duties pursuant to chapter 669: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 9 NEW SECTION . SEC. 48. FIRE SERVICE TRAINING BUREAU —— 10 ADMINISTRATOR. 11 1. In the fiscal year beginning July 1, 2018, and ending 12 June 30, 2019, the commissioner of the department of public 13 safety shall appoint an administrator of the fire service 14 training bureau of the division of state fire marshal. 15 The department may allocate up to $100,000 of the moneys 16 appropriated for the fiscal year beginning July 1, 2018, and 17 ending June 30, 2019, for costs associated with the training 18 and equipment needs of volunteer fire fighters to pay for the 19 costs to employ the administrator. 20 2. In the fiscal year beginning July 1, 2019, and ending 21 June 30, 2020, the department of public safety may allocate 22 up to $75,000 of the moneys appropriated for the fiscal year 23 beginning July 1, 2019, and ending June 30, 2020, for costs 24 associated with the training and equipment needs of volunteer 25 fire fighters to pay for the costs to employ the administrator. 26 3. In the fiscal year beginning July 1, 2020, and ending 27 June 30, 2021, the department of public safety may allocate 28 up to $50,000 of the moneys appropriated for the fiscal year 29 beginning July 1, 2020, and ending June 30, 2021, for costs 30 associated with the training and equipment needs of volunteer 31 fire fighters to pay for the costs to employ the administrator. 32 4. In the fiscal year beginning July 1, 2021, and ending 33 June 30, 2022, the department of public safety may allocate 34 up to $25,000 of the moneys appropriated for the fiscal year 35 -21- LSB 5032HV (1) 87 jm/rn 21/ 25
H.F. 2492 beginning July 1, 2021, and ending June 30, 2022, for costs 1 associated with the training and equipment needs of volunteer 2 fire fighters to pay for the costs to employ the administrator. 3 Sec. 17. Section 13.2, subsection 1, paragraph g, Code 2018, 4 is amended by striking the paragraph. 5 Sec. 18. NEW SECTION . 80.46 Public safety support trust 6 fund. 7 1. A public safety support trust fund is established in 8 the state treasury under the control of the department. The 9 department may receive and accept donations, grants, loans, and 10 contributions in accordance with section 565.3 from any public 11 or private source for deposit into the trust fund. Moneys 12 credited to the trust fund are appropriated to the department 13 for the purpose of supporting the activities of the department. 14 2. Notwithstanding section 8.33, moneys in the trust fund 15 shall not revert. Notwithstanding section 12C.7, subsection 16 2, interest or earnings on moneys deposited in the trust fund 17 shall be credited to the trust fund. 18 Sec. 19. Section 904.310A, Code 2018, is amended by striking 19 the section and inserting in lieu thereof the following: 20 904.310A Information or materials —— distribution. 21 1. Funds appropriated to the department or other funds made 22 available to the department shall not be used to distribute 23 or make available any commercially published information or 24 material to an inmate when such information or material is 25 sexually explicit or features nudity. 26 2. The department shall adopt rules pursuant to chapter 17A 27 to administer this section. 28 EXPLANATION 29 The inclusion of this explanation does not constitute agreement with 30 the explanation’s substance by the members of the general assembly. 31 This bill relates to and makes appropriations to the justice 32 system. 33 The bill makes appropriations from the general fund of the 34 state for fiscal year 2018-2019 to the departments of justice, 35 -22- LSB 5032HV (1) 87 jm/rn 22/ 25
H.F. 2492 corrections, public defense, public safety, and homeland 1 security and emergency management, and the Iowa law enforcement 2 academy, office of the state public defender, board of parole, 3 Iowa state civil rights commission, and the criminal and 4 juvenile justice planning division of the department of human 5 rights. 6 The bill appropriates moneys from the department of commerce 7 revolving fund to the office of consumer advocate of the 8 department of justice for fiscal year 2018-2019. 9 The bill prohibits each judicial district department of 10 correctional services from expending moneys appropriated 11 from the general fund of the state for salaries, support, 12 maintenance, and miscellaneous purposes for the implementation, 13 development, or use of pretrial risk assessments, and requires 14 any risk assessment pilot programs to be terminated by December 15 31, 2018. 16 The bill appropriates moneys from the general fund of the 17 state to the criminalistics laboratory fund created in Code 18 section 691.9 to accelerate the DNA analysis of DNA samples. 19 The bill also appropriates moneys from the gaming 20 enforcement revolving fund to the department of public safety 21 for fiscal year 2018-2019. 22 The bill appropriates moneys from the wireless 911 emergency 23 communications fund to the department of homeland security and 24 emergency management for fiscal year 2018-2019. 25 The bill appropriates moneys from the Iowa skilled worker 26 and job creation fund to the department of corrections for 27 implementation, support, maintenance, and capital construction 28 costs to develop a regional housing building project. 29 The bill appropriates moneys from the consumer education and 30 litigation fund to the department of justice for farm mediation 31 services and for criminal prosecutions, criminal appeals, and 32 performing duties related to state tort claims. 33 The bill requires the commissioner of the department of 34 public safety to appoint an administrator of the fire service 35 -23- LSB 5032HV (1) 87 jm/rn 23/ 25
H.F. 2492 training bureau of the division of state fire marshal pursuant 1 to Code section 100B.7. The bill authorizes the department to 2 allocate up to $100,000 of the moneys appropriated during FY 3 2018-2019 for costs associated with the training and equipment 4 needs of volunteer fire fighters to pay for the costs to employ 5 the administrator. The bill authorizes the department to 6 allocate up to $75,000 of the moneys appropriated during FY 7 2019-2020 for costs associated with the training and equipment 8 needs of volunteer fire fighters to pay for the costs to employ 9 the administrator. The bill authorizes the department to 10 allocate up to $50,000 of the moneys appropriated during FY 11 2020-2021 for costs associated with the training and equipment 12 needs of volunteer fire fighters to pay for the costs to employ 13 the administrator. The bill authorizes the department to 14 allocate up to $25,000 of the moneys appropriated during FY 15 2021-2022 for costs associated with the training and equipment 16 needs of volunteer fire fighters to pay for the costs to employ 17 the administrator. 18 The bill strikes Code section 13.2(1)(g) requiring the 19 attorney general to report to the governor, at the time 20 provided by law, the condition of the attorney general’s 21 office, opinions rendered, and business transacted of public 22 interest. 23 The bill establishes a public safety support trust fund 24 in the state treasury under the control of the department of 25 public safety. The bill permits the department of public 26 safety to receive and accept donations, grants, loans, and 27 contributions from any public or private source for deposit 28 into the trust fund. Moneys credited to the trust fund are 29 appropriated to the department of public safety for the purpose 30 of supporting the activities of the department of public 31 safety. 32 The bill strikes a provision requiring the director of the 33 department of corrections to provide, as necessary, suitable 34 space for reading material for inmates. Additionally, the 35 -24- LSB 5032HV (1) 87 jm/rn 24/ 25
H.F. 2492 bill prohibits the department of corrections from using 1 any appropriated funds or other funds made available to the 2 department to distribute or make available any commercially 3 published information or material to an inmate that is sexually 4 explicit or features nudity. 5 -25- LSB 5032HV (1) 87 jm/rn 25/ 25