Senate Study Bill 1193 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED COMMITTEE ON APPROPRIATIONS BILL BY JOINT APPROPRIATIONS SUBCOMMITTEE ON JUSTICE SYSTEM) 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 1051JB (1) 87 jm/rn
S.F. _____ H.F. _____ DIVISION I 1 FY 2017-2018 2 APPROPRIATIONS 3 Section 1. DEPARTMENT OF JUSTICE. 4 1. There is appropriated from the general fund of the state 5 to the department of justice for the fiscal year beginning July 6 1, 2017, and ending June 30, 2018, the following amounts, or 7 so much thereof as is necessary, to be used for the purposes 8 designated: 9 a. For the general office of attorney general for salaries, 10 support, maintenance, and miscellaneous purposes, including 11 the prosecuting attorneys training program, matching funds 12 for federal violence against women grant programs, victim 13 assistance grants, office of drug control policy prosecuting 14 attorney program, and odometer fraud enforcement, and for not 15 more than the following full-time equivalent positions: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,672,307 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,016,708 24 The moneys appropriated in this lettered paragraph shall be 25 used to provide grants to care providers providing services to 26 crime victims of domestic abuse or to crime victims of rape and 27 sexual assault. 28 The balance of the victim compensation fund established in 29 section 915.94 may be used to provide salary and support of not 30 more than 19.00 full-time equivalent positions and to provide 31 maintenance for the victim compensation functions of the 32 department of justice. In addition to the full-time equivalent 33 positions authorized pursuant to this lettered paragraph, the 34 department of justice is authorized 5.00 full-time equivalent 35 -1- LSB 1051JB (1) 87 jm/rn 1/ 42
S.F. _____ H.F. _____ positions to provide maintenance for victim compensation 1 functions and such additional full-time equivalent positions 2 shall be used by the department of justice to employ one 3 accountant and four program planners. The department of 4 justice may employ the additional 5.00 full-time equivalent 5 positions authorized pursuant to this lettered paragraph only 6 if 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,304,601 24 2. a. The department of justice, in submitting budget 25 estimates for the fiscal year commencing July 1, 2018, pursuant 26 to section 8.23, shall include a report of funding from sources 27 other than amounts appropriated directly from the general fund 28 of the state to the department of justice or to the office of 29 consumer advocate. These funding sources shall include but 30 are not limited to reimbursements from other state agencies, 31 commissions, boards, or similar entities, and reimbursements 32 from special funds or internal accounts within the department 33 of justice. The department of justice shall also report actual 34 reimbursements for the fiscal year commencing July 1, 2017, 35 -2- LSB 1051JB (1) 87 jm/rn 2/ 42
S.F. _____ H.F. _____ and actual and expected reimbursements for the fiscal year 1 commencing July 1, 2018. 2 b. The department of justice shall include the report 3 required under paragraph “a”, as well as information regarding 4 any revisions occurring as a result of reimbursements actually 5 received or expected at a later date, in a report to the 6 co-chairpersons and ranking members of the joint appropriations 7 subcommittee on the justice system and the legislative services 8 agency. The department of justice shall submit the report on 9 or before January 15, 2018. 10 3. a. The department of justice shall reimburse the 11 costs and necessary related expenses incurred by the Iowa 12 law enforcement academy to employ one additional instructor 13 position who shall provide training for domestic abuse and 14 human trafficking-related issues throughout the state. 15 b. The department of justice shall obtain the moneys 16 necessary to reimburse the Iowa law enforcement academy to 17 employ such an instructor from unrestricted moneys from either 18 the victim compensation fund established in section 915.94, the 19 human trafficking victim fund established in section 915.95, or 20 the human trafficking enforcement fund established in 2015 Iowa 21 Acts, chapter 138, section 141. 22 Sec. 2. CONSUMER EDUCATION AND LITIGATION —— FARM 23 MEDIATION. Notwithstanding section 714.16C, there is 24 appropriated from the consumer education and litigation fund to 25 the department of justice for the fiscal year beginning July 26 1, 2017, and ending June 30, 2018, the following amount, or 27 so much thereof as is necessary, to be used for the purposes 28 designated: 29 For farm mediation services as specified in section 13.13, 30 subsection 2: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300,000 32 Sec. 3. OFFICE OF CONSUMER ADVOCATE. There is appropriated 33 from the department of commerce revolving fund created in 34 section 546.12 to the office of consumer advocate of the 35 -3- LSB 1051JB (1) 87 jm/rn 3/ 42
S.F. _____ H.F. _____ department of justice for the fiscal year beginning July 1, 1 2017, and ending June 30, 2018, the following amount, or so 2 much thereof as is necessary, to be used for the purposes 3 designated: 4 For salaries, support, maintenance, and miscellaneous 5 purposes, and for not more than the following full-time 6 equivalent positions: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,137,588 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 22.00 9 Sec. 4. DEPARTMENT OF CORRECTIONS —— FACILITIES. 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, 2017, and ending June 30, 2018, the following amounts, 13 or so much thereof as is necessary, to be used for the purposes 14 designated: 15 a. For the operation of the Fort Madison correctional 16 facility, including salaries, support, maintenance, and 17 miscellaneous purposes: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 42,719,050 19 b. For the operation of the Anamosa correctional facility, 20 including salaries, support, maintenance, and miscellaneous 21 purposes: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,827,163 23 c. For the operation of the Oakdale correctional facility, 24 including salaries, support, maintenance, and miscellaneous 25 purposes: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 59,491,533 27 d. For the operation of the Newton correctional facility, 28 including salaries, support, maintenance, and miscellaneous 29 purposes: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27,661,220 31 e. For the operation of the Mount Pleasant correctional 32 facility, including salaries, support, maintenance, and 33 miscellaneous purposes: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,676,413 35 -4- LSB 1051JB (1) 87 jm/rn 4/ 42
S.F. _____ H.F. _____ f. For the operation of the Rockwell City correctional 1 facility, including salaries, support, maintenance, and 2 miscellaneous purposes: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,720,458 4 g. For the operation of the Clarinda correctional facility, 5 including salaries, support, maintenance, and miscellaneous 6 purposes: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 25,085,406 8 Moneys received by the department of corrections as 9 reimbursement for services provided to the Clarinda youth 10 corporation are appropriated to the department and shall be 11 used for the purpose of operating the Clarinda correctional 12 facility. 13 h. For the operation of the Mitchellville correctional 14 facility, including salaries, support, maintenance, and 15 miscellaneous purposes: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 22,394,090 17 i. For the operation of the Fort Dodge correctional 18 facility, including salaries, support, maintenance, and 19 miscellaneous purposes: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,766,995 21 j. For reimbursement of counties for temporary confinement 22 of prisoners, as provided in sections 901.7, 904.908, and 23 906.17, and for offenders confined pursuant to section 904.513: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,575,092 25 k. For federal prison reimbursement, reimbursements for 26 out-of-state placements, and miscellaneous contracts: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 484,411 28 2. The department of corrections shall use moneys 29 appropriated in subsection 1 to continue to contract for the 30 services of a Muslim imam and a Native American spiritual 31 leader. 32 Sec. 5. DEPARTMENT OF CORRECTIONS —— ADMINISTRATION. 33 There is appropriated from the general fund of the state to the 34 department of corrections for the fiscal year beginning July 35 -5- LSB 1051JB (1) 87 jm/rn 5/ 42
S.F. _____ H.F. _____ 1, 2017, and ending June 30, 2018, the following amounts, or 1 so much thereof as is necessary, to be used for the purposes 2 designated: 3 1. For general administration, including salaries, support, 4 maintenance, employment of an education director to administer 5 a centralized education program for the correctional system, 6 and miscellaneous purposes: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,153,905 8 a. It is the intent of the general assembly that each 9 lease negotiated by the department of corrections with a 10 private corporation for the purpose of providing private 11 industry employment of inmates in a correctional institution 12 shall prohibit the private corporation from utilizing inmate 13 labor for partisan political purposes for any person seeking 14 election to public office in this state and that a violation 15 of this requirement shall result in a termination of the lease 16 agreement. 17 b. It is the intent of the general assembly that as a 18 condition of receiving the appropriation provided in this 19 subsection the department of corrections shall not enter into 20 a lease or contractual agreement pursuant to section 904.809 21 with a private corporation for the use of building space for 22 the purpose of providing inmate employment without providing 23 that the terms of the lease or contract establish safeguards to 24 restrict, to the greatest extent feasible, access by inmates 25 working for the private corporation to personal identifying 26 information of citizens. 27 2. For educational programs for inmates at state penal 28 institutions: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,608,109 30 a. To maximize the funding for educational programs, 31 the department shall establish guidelines and procedures to 32 prioritize the availability of educational and vocational 33 training for inmates based upon the goal of facilitating an 34 inmate’s successful release from the correctional institution. 35 -6- LSB 1051JB (1) 87 jm/rn 6/ 42
S.F. _____ H.F. _____ b. The director of the department of corrections may 1 transfer moneys from Iowa prison industries and the canteen 2 operating funds established pursuant to section 904.310, for 3 use in educational programs for inmates. 4 c. Notwithstanding section 8.33, moneys appropriated in 5 this subsection that remain unobligated or unexpended at the 6 close of the fiscal year shall not revert but shall remain 7 available to be used only for the purposes designated in this 8 subsection until the close of the succeeding fiscal year. 9 3. For the development of the Iowa corrections offender 10 network (ICON) data system: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 12 4. For offender mental health and substance abuse 13 treatment: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 28,065 15 5. For department-wide duties, including operations, costs, 16 and miscellaneous purposes: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,297,894 18 Sec. 6. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 19 SERVICES. 20 1. There is appropriated from the general fund of the state 21 to the department of corrections for the fiscal year beginning 22 July 1, 2017, and ending June 30, 2018, for salaries, support, 23 maintenance, and miscellaneous purposes, the following amounts, 24 or so much thereof as is necessary, to be used for the purposes 25 designated: 26 a. For the first judicial district department of 27 correctional services: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,636,766 29 It is the intent of the general assembly that the first 30 judicial district department of correctional services maintain 31 the drug courts operated by the district department. 32 b. For the second judicial district department of 33 correctional services: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,383,739 35 -7- LSB 1051JB (1) 87 jm/rn 7/ 42
S.F. _____ H.F. _____ It is the intent of the general assembly that the second 1 judicial district department of correctional services establish 2 and maintain two drug courts to be operated by the district 3 department. 4 c. For the third judicial district department of 5 correctional services: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,167,957 7 d. For the fourth judicial district department of 8 correctional services: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,579,922 10 e. For the fifth judicial district department of 11 correctional services, including funding for electronic 12 monitoring devices for use on a statewide basis: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 20,857,940 14 It is the intent of the general assembly that the fifth 15 judicial district department of correctional services maintain 16 the drug court operated by the district department. 17 f. For the sixth judicial district department of 18 correctional services: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,713,165 20 It is the intent of the general assembly that the sixth 21 judicial district department of correctional services maintain 22 the drug court operated by the district department. 23 g. For the seventh judicial district department of 24 correctional services: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,777,341 26 It is the intent of the general assembly that the seventh 27 judicial district department of correctional services maintain 28 the drug court operated by the district department. 29 h. For the eighth judicial district department of 30 correctional services: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,084,521 32 2. Each judicial district department of correctional 33 services, within the funding available, shall continue programs 34 and plans established within that district to provide for 35 -8- LSB 1051JB (1) 87 jm/rn 8/ 42
S.F. _____ H.F. _____ intensive supervision, sex offender treatment, diversion of 1 low-risk offenders to the least restrictive sanction available, 2 job development, and expanded use of intermediate criminal 3 sanctions. 4 3. Each judicial district department of correctional 5 services shall provide alternatives to prison consistent with 6 chapter 901B. The alternatives to prison shall ensure public 7 safety while providing maximum rehabilitation to the offender. 8 A judicial district department of correctional services may 9 also establish a day program. 10 4. The governor’s office of drug control policy shall 11 consider federal grants made to the department of corrections 12 for the benefit of each of the eight judicial district 13 departments of correctional services as local government 14 grants, as defined pursuant to federal regulations. 15 5. The department of corrections shall continue to contract 16 with a judicial district department of correctional services to 17 provide for the rental of electronic monitoring equipment which 18 shall be available statewide. 19 Sec. 7. DEPARTMENT OF CORRECTIONS —— REALLOCATION OF 20 APPROPRIATIONS. Notwithstanding section 8.39, within the 21 moneys appropriated in this division of this Act to the 22 department of corrections, the department may reallocate the 23 moneys appropriated and allocated as necessary to best fulfill 24 the needs of the correctional institutions, administration 25 of the department, and the judicial district departments of 26 correctional services. However, in addition to complying with 27 the requirements of sections 904.116 and 905.8 and providing 28 notice to the legislative services agency, the department 29 of corrections shall also provide notice to the department 30 of management, prior to the effective date of the revision 31 or reallocation of an appropriation made pursuant to this 32 section. The department of corrections shall not reallocate an 33 appropriation or allocation for the purpose of eliminating any 34 program. 35 -9- LSB 1051JB (1) 87 jm/rn 9/ 42
S.F. _____ H.F. _____ Sec. 8. INTENT —— REPORTS. 1 1. The department of corrections in cooperation with 2 townships, the Iowa cemetery associations, and other nonprofit 3 or governmental entities may use inmate labor during the 4 fiscal year beginning July 1, 2017, to restore or preserve 5 rural cemeteries and historical landmarks. The department in 6 cooperation with the counties may also use inmate labor to 7 clean up roads, major water sources, and other water sources 8 around the state. 9 2. On a quarterly basis the department shall provide a 10 status report regarding private-sector employment to the 11 legislative services agency beginning on July 1, 2017. The 12 report shall include the number of offenders employed in the 13 private sector, the combined number of hours worked by the 14 offenders, the total amount of allowances, and the distribution 15 of allowances pursuant to section 904.702, including any moneys 16 deposited in the general fund of the state. 17 Sec. 9. ELECTRONIC MONITORING REPORT. The department of 18 corrections shall submit a report on electronic monitoring to 19 the general assembly, to the co-chairpersons and the ranking 20 members of the joint appropriations subcommittee on the justice 21 system, and to the legislative services agency by January 22 15, 2018. The report shall specifically address the number 23 of persons being electronically monitored and break down the 24 number of persons being electronically monitored by offense 25 committed. The report shall also include a comparison of any 26 data from the prior fiscal year with the current year. 27 Sec. 10. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 28 1. As used in this section, unless the context otherwise 29 requires, “state agency” means the government of the state 30 of Iowa, including but not limited to all executive branch 31 departments, agencies, boards, bureaus, and commissions, the 32 judicial branch, the general assembly and all legislative 33 agencies, institutions within the purview of the state board of 34 regents, and any corporation whose primary function is to act 35 -10- LSB 1051JB (1) 87 jm/rn 10/ 42
S.F. _____ H.F. _____ as an instrumentality of the state. 1 2. State agencies are encouraged to purchase products from 2 Iowa state industries, as defined in section 904.802, when 3 purchases are required and the products are available from 4 Iowa state industries. State agencies shall obtain bids from 5 Iowa state industries for purchases of office furniture during 6 the fiscal year beginning July 1, 2017, exceeding $5,000 or 7 in accordance with applicable administrative rules related to 8 purchases for the agency. 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, 2017, and ending June 30, 2018, the following 13 amount, or so much thereof as is necessary, to be used for the 14 purposes designated: 15 For salaries, support, maintenance, and miscellaneous 16 purposes, including jailer training and technical assistance, 17 and for not more than the following full-time equivalent 18 positions: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 954,756 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 25.00 21 The Iowa law enforcement academy may temporarily exceed and 22 draw more than the amount appropriated in this subsection and 23 incur a negative cash balance as long as there are receivables 24 equal to or greater than the negative balance and the amount 25 appropriated in this subsection is not exceeded at the close 26 of the fiscal year. 27 2. The Iowa law enforcement academy may select at least 28 five automobiles of the department of public safety, division 29 of state patrol, prior to turning over the automobiles to 30 the department of administrative services to be disposed 31 of by public auction, and the Iowa law enforcement academy 32 may exchange any automobile owned by the academy for each 33 automobile selected if the selected automobile is used in 34 training law enforcement officers at the academy. However, any 35 -11- LSB 1051JB (1) 87 jm/rn 11/ 42
S.F. _____ H.F. _____ automobile exchanged by the academy shall be substituted for 1 the selected vehicle of the department of public safety and 2 sold by public auction with the receipts being deposited in the 3 depreciation fund to the credit of the department of public 4 safety, division of state patrol. 5 3. The Iowa law enforcement academy shall provide training 6 for domestic abuse and human trafficking-related issues 7 throughout the state. The training shall be offered at no 8 cost to the attendees and the training shall not replace any 9 existing domestic abuse or human trafficking training offered 10 by the academy. 11 Sec. 12. STATE PUBLIC DEFENDER. There is appropriated from 12 the general fund of the state to the office of the state public 13 defender of the department of inspections and appeals for the 14 fiscal year beginning July 1, 2017, and ending June 30, 2018, 15 the following amounts, or so much thereof as is necessary, to 16 be used for the purposes designated: 17 1. For salaries, support, maintenance, and miscellaneous 18 purposes, and for not more than the following full-time 19 equivalent positions: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 26,182,243 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 223.00 22 2. For payments on behalf of eligible adults and juveniles 23 from the indigent defense fund, in accordance with section 24 815.11: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 33,444,448 26 Sec. 13. BOARD OF PAROLE. There is appropriated from the 27 general fund of the state to the board of parole for the fiscal 28 year beginning July 1, 2017, and ending June 30, 2018, the 29 following amount, or so much thereof as is necessary, to be 30 used for the purposes designated: 31 For salaries, support, maintenance, and miscellaneous 32 purposes, and for not more than the following full-time 33 equivalent positions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,191,731 35 -12- LSB 1051JB (1) 87 jm/rn 12/ 42
S.F. _____ H.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.75 1 Sec. 14. DEPARTMENT OF PUBLIC DEFENSE. 2 1. There is appropriated from the general fund of the 3 state to the department of public defense, for the fiscal year 4 beginning July 1, 2017, and ending June 30, 2018, the following 5 amounts, or so much thereof as is necessary, to be used for the 6 purposes designated: 7 For salaries, support, maintenance, and miscellaneous 8 purposes, and for not more than the following full-time 9 equivalent positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,223,324 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 248.00 12 2. The department of public defense may temporarily exceed 13 and draw more than the amount appropriated in this section and 14 incur a negative cash balance as long as there are receivables 15 of federal funds equal to or greater than the negative balance 16 and the amount appropriated in this section is not exceeded at 17 the close of the fiscal year. 18 Sec. 15. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 19 MANAGEMENT. 20 1. There is appropriated from the general fund of the state 21 to the department of homeland security and emergency management 22 for the fiscal year beginning July 1, 2017, and ending June 23 30, 2018, the following amounts, or so much thereof as is 24 necessary, to be used for the purposes designated: 25 For salaries, support, maintenance, and miscellaneous 26 purposes, and for not more than the following full-time 27 equivalent positions: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,121,927 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 33.87 30 2. The department of homeland security and emergency 31 management may temporarily exceed and draw more than the amount 32 appropriated in this section and incur a negative cash balance 33 as long as there are receivables of federal funds equal to or 34 greater than the negative balance and the amount appropriated 35 -13- LSB 1051JB (1) 87 jm/rn 13/ 42
S.F. _____ H.F. _____ in this section is not exceeded at the close of the fiscal 1 year. 2 Sec. 16. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 3 from the general fund of the state to the department of public 4 safety for the fiscal year beginning July 1, 2017, and ending 5 June 30, 2018, the following amounts, or so much thereof as is 6 necessary, to be used for the purposes designated: 7 1. For the department’s administrative functions, including 8 the criminal justice information system, and for not more than 9 the following full-time equivalent positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,143,131 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 37.00 12 2. For the division of criminal investigation, including 13 the state’s contribution to the peace officers’ retirement, 14 accident, and disability system provided in chapter 97A in the 15 amount of the state’s normal contribution rate, as defined in 16 section 97A.8, multiplied by the salaries for which the moneys 17 are appropriated, to meet federal fund matching requirements, 18 and for not more than the following full-time equivalent 19 positions: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,590,544 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 160.00 22 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 1051JB (1) 87 jm/rn 14/ 42
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 moneys 7 are appropriated, to meet federal fund matching requirements, 8 and for not more than the following full-time equivalent 9 positions: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,453,300 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 66.50 12 The division of narcotics enforcement may employ an 13 additional 1.00 full-time equivalent position authorized 14 pursuant to this lettered paragraph that is in excess of 15 the number of full-time equivalent positions authorized for 16 the previous fiscal year only if the division of narcotics 17 enforcement receives sufficient federal moneys to maintain 18 employment for the additional full-time equivalent position 19 during the current fiscal year. The division of narcotics 20 enforcement shall only employ the additional full-time 21 equivalent position in succeeding fiscal years if sufficient 22 federal moneys are received during each of those succeeding 23 fiscal years. 24 b. For the division of narcotics enforcement for undercover 25 purchases: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 109,042 27 5. For the division of state fire marshal, for fire 28 protection services as provided through the state fire service 29 and emergency response council as created in the department, 30 and for the state’s contribution to the peace officers’ 31 retirement, accident, and disability system provided in chapter 32 97A in the amount of the state’s normal contribution rate, 33 as defined in section 97A.8, multiplied by the salaries for 34 which the moneys are appropriated, and for not more than the 35 -15- LSB 1051JB (1) 87 jm/rn 15/ 42
S.F. _____ H.F. _____ following full-time equivalent positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,686,714 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 53.00 3 6. For the division of state patrol, for salaries, support, 4 maintenance, workers’ compensation costs, and miscellaneous 5 purposes, including the state’s contribution to the peace 6 officers’ retirement, accident, and disability system provided 7 in chapter 97A in the amount of the state’s normal contribution 8 rate, as defined in section 97A.8, multiplied by the salaries 9 for which the moneys are appropriated, and for not more than 10 the following full-time equivalent positions: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 61,366,340 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 511.40 13 It is the intent of the general assembly that members of the 14 state patrol be assigned to patrol the highways and roads in 15 lieu of assignments for inspecting school buses for the school 16 districts. 17 7. For deposit in the sick leave benefits fund established 18 under section 80.42 for all departmental employees eligible to 19 receive benefits for accrued sick leave under the collective 20 bargaining agreement: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 279,517 22 8. For costs associated with the training and equipment 23 needs of volunteer fire fighters: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 825,520 25 a. Notwithstanding section 8.33, moneys appropriated in 26 this subsection that remain unencumbered or unobligated at the 27 close of the fiscal year shall not revert but shall remain 28 available for expenditure only for the purpose designated in 29 this subsection until the close of the succeeding fiscal year. 30 b. Notwithstanding section 8.39, the department of public 31 safety may reallocate moneys appropriated in this section 32 as necessary to best fulfill the needs provided for in the 33 appropriation. However, the department shall not reallocate 34 moneys appropriated to the department in this section unless 35 -16- LSB 1051JB (1) 87 jm/rn 16/ 42
S.F. _____ H.F. _____ notice of the reallocation is given to the legislative services 1 agency and the department of management prior to the effective 2 date of the reallocation. The notice shall include information 3 regarding the rationale for reallocating the moneys. The 4 department shall not reallocate moneys appropriated in this 5 section for the purpose of eliminating any program. 6 9. For the public safety interoperable and broadband 7 communications fund established in section 80.44: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 115,661 9 10. For the office to combat human trafficking established 10 pursuant to section 80.45, as enacted by 2016 Iowa Acts, 11 chapter 1077, section 1, including salaries, support, 12 maintenance, miscellaneous purposes, and for not more than the 13 following full-time equivalent positions: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 150,000 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 16 11. For department-wide duties, including operations, 17 costs, and miscellaneous purposes: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,834,973 19 Sec. 17. GAMING ENFORCEMENT. 20 1. There is appropriated from the gaming enforcement 21 revolving fund created in section 80.43 to the department of 22 public safety for the fiscal year beginning July 1, 2017, and 23 ending June 30, 2018, the following amount, or so much thereof 24 as is necessary, to be used for the purposes designated: 25 For any direct support costs for agents and officers of 26 the division of criminal investigation’s excursion gambling 27 boat, gambling structure, and racetrack enclosure enforcement 28 activities, including salaries, support, maintenance, and 29 miscellaneous purposes, and for not more than the following 30 full-time equivalent positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,841,272 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 73.00 33 2. For each additional license to conduct gambling games on 34 an excursion gambling boat, gambling structure, or racetrack 35 -17- LSB 1051JB (1) 87 jm/rn 17/ 42
S.F. _____ H.F. _____ enclosure issued during the fiscal year beginning July 1, 2017, 1 there is appropriated from the gaming enforcement fund to the 2 department of public safety for the fiscal year beginning July 3 1, 2017, and ending June 30, 2018, an additional amount of not 4 more than $300,000 to be used for not more than 3.00 additional 5 full-time equivalent positions. 6 3. The department of public safety, with the approval of the 7 department of management, may employ no more than three special 8 agents for each additional riverboat or gambling structure 9 regulated after July 1, 2017, and three special agents for 10 each racing facility which becomes operational during the 11 fiscal year which begins July 1, 2017. Positions authorized 12 in this subsection are in addition to the full-time equivalent 13 positions otherwise authorized in this section. 14 Sec. 18. CIVIL RIGHTS COMMISSION. 15 1. There is appropriated from the general fund of the state 16 to the Iowa state civil rights commission for the fiscal year 17 beginning July 1, 2017, and ending June 30, 2018, the following 18 amount, or so much thereof as is necessary, to be used for the 19 purposes designated: 20 For salaries, support, maintenance, and miscellaneous 21 purposes, and for not more than the following full-time 22 equivalent positions: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,157,062 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 30.00 25 2. The Iowa state civil rights commission may enter into 26 a contract with a nonprofit organization to provide legal 27 assistance to resolve civil rights complaints. 28 Sec. 19. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION. 29 1. There is appropriated from the general fund of the state 30 to the criminal and juvenile justice planning division of the 31 department of human rights for the fiscal year beginning July 32 1, 2017, and ending June 30, 2018, the following amount, or 33 so much thereof as is necessary, to be used for the purposes 34 designated: 35 -18- LSB 1051JB (1) 87 jm/rn 18/ 42
S.F. _____ H.F. _____ For salaries, support, maintenance, and miscellaneous 1 purposes, and for not more than the following full-time 2 equivalent positions: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,187,833 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 9.56 5 2. The criminal and juvenile justice planning advisory 6 council and the juvenile justice advisory council shall 7 coordinate their efforts in carrying out their respective 8 duties relative to juvenile justice. 9 Sec. 20. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 10 MANAGEMENT. There is appropriated from the E911 emergency 11 communications fund created in section 34A.7A to the department 12 of homeland security and emergency management for the fiscal 13 year beginning July 1, 2017, and ending June 30, 2018, the 14 following amount, or so much thereof as is necessary, to be 15 used for the purposes designated: 16 For implementation, support, and maintenance of the 17 functions of the administrator and program manager under 18 chapter 34A and to employ the auditor of the state to perform 19 an annual audit of the E911 emergency communications fund: 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 21 DIVISION II 22 MISCELLANEOUS CHANGES 23 Sec. 21. Section 35A.13, subsection 6, Code 2017, is amended 24 by adding the following new paragraph: 25 NEW PARAGRAPH . n. Expenses related to survivor outreach 26 activities supported by the department of public defense 27 established in section 29.1. 28 Sec. 22. NEW SECTION . 80B.19 Academy internal training fund 29 clearing account. 30 1. Activities of the academy shall be accounted for within 31 the general fund of the state, except the academy may establish 32 and maintain an internal training clearing fund in accordance 33 with generally accepted accounting principles, as defined in 34 section 8.57, subsection 4, for activities of the academy 35 -19- LSB 1051JB (1) 87 jm/rn 19/ 42
S.F. _____ H.F. _____ which are primarily from billings to governmental entities for 1 services rendered by the academy. 2 2. Internal training funds in the internal training 3 clearing fund shall be administered by the academy and shall 4 consist of moneys collected by the academy from billings issued 5 in accordance with chapter 80B, and any other moneys obtained 6 or accepted by the academy, including but not limited to gifts, 7 loans, donations, grants, and contributions, which are obtained 8 or designated to support the activities of the academy. 9 3. The proceeds of an internal training clearing fund 10 established pursuant to this section shall be used by the 11 academy and expended through the appropriated account of the 12 academy for the operations of the academy consistent with this 13 chapter. However, this usage requirement shall not limit or 14 restrict the academy from using proceeds from gifts, loans, 15 donations, grants, and contributions in conformance with any 16 conditions, directions, limitations, or instructions attached 17 or related thereto. 18 4. Section 8.33 does not apply to any moneys in the internal 19 training clearing fund established pursuant to this section. 20 Notwithstanding section 12C.7, subsection 2, interest or 21 earnings on moneys deposited in the fund shall be credited to 22 the fund. 23 Sec. 23. Section 805.6, subsection 4, paragraphs a, b, and 24 c, Code 2017, are amended to read as follows: 25 a. If the offense is one to which an assessment of a minimum 26 fine is applicable and the entry is otherwise not prohibited 27 by this section , an amount equal to one and one-half times the 28 minimum fine and applicable surcharge assessed pursuant to 29 chapter 911, plus court costs. 30 b. If the offense is one to which a scheduled fine is 31 applicable, an amount equal to one and one-half times the 32 scheduled fine and applicable surcharge assessed pursuant to 33 chapter 911, plus court costs. 34 c. If the violation is for any offense for which a court 35 -20- LSB 1051JB (1) 87 jm/rn 20/ 42
S.F. _____ H.F. _____ appearance is mandatory, and an assessment of a minimum fine 1 is not applicable, the amount of one hundred dollars and 2 applicable surcharge assessed pursuant to chapter 911, plus 3 court costs. 4 Sec. 24. 2014 Iowa Acts, chapter 1138, section 21, as 5 amended by 2016 Iowa Acts, chapter 1137, section 18, is amended 6 to read as follows: 7 SEC. 21. CONSUMER EDUCATION AND LITIGATION FUND. 8 Notwithstanding section 714.16C , for each fiscal year of the 9 period beginning July 1, 2014, and ending June 30, 2018 2019 , 10 the annual appropriations in section 714.16C , are increased 11 from $1,125,000 to $1,875,000, and $75,000 to $125,000 12 respectively. 13 Sec. 25. REPEAL. Sections 904.203, 904.204, 904.205, and 14 904.206, Code 2017, are repealed. 15 DIVISION III 16 FY 2018-2019 17 APPROPRIATIONS 18 Sec. 26. DEPARTMENT OF JUSTICE. 19 1. There is appropriated from the general fund of the state 20 to the department of justice for the fiscal year beginning July 21 1, 2018, and ending June 30, 2019, the following amounts, or 22 so much thereof as is necessary, to be used for the purposes 23 designated: 24 a. For the general office of attorney general for salaries, 25 support, maintenance, and miscellaneous purposes, including 26 the prosecuting attorneys training program, matching funds 27 for federal violence against women grant programs, victim 28 assistance grants, office of drug control policy prosecuting 29 attorney program, and odometer fraud enforcement, and for not 30 more than the following full-time equivalent positions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,336,154 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 215.00 33 As a condition of receiving the appropriation provided 34 in this lettered paragraph, the department of justice shall 35 -21- LSB 1051JB (1) 87 jm/rn 21/ 42
S.F. _____ H.F. _____ maintain a record of the estimated time incurred representing 1 each agency or department. 2 b. For victim assistance grants: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,508,354 4 The moneys appropriated in this lettered paragraph shall be 5 used to provide grants to care providers providing services to 6 crime victims of domestic abuse or to crime victims of rape and 7 sexual assault. 8 The balance of the victim compensation fund established in 9 section 915.94 may be used to provide salary and support of not 10 more than 19.00 full-time equivalent positions and to provide 11 maintenance for the victim compensation functions of the 12 department of justice. In addition to the full-time equivalent 13 positions authorized pursuant to this lettered paragraph, the 14 department of justice is authorized 5.00 full-time equivalent 15 positions to provide maintenance for victim compensation 16 functions and such additional full-time equivalent positions 17 shall be used by the department of justice to employ one 18 accountant and four program planners. The department of 19 justice may employ the additional 5.00 full-time equivalent 20 positions authorized pursuant to this lettered paragraph only 21 if the department of justice receives sufficient federal moneys 22 to maintain employment for the additional full-time equivalent 23 positions during the current fiscal year. The department 24 of justice shall only employ the additional 5.00 full-time 25 equivalent positions in succeeding fiscal years if sufficient 26 federal moneys are received during each of those succeeding 27 fiscal years. 28 The department of justice shall transfer at least $150,000 29 from the victim compensation fund established in section 915.94 30 to the victim assistance grant program. 31 Notwithstanding section 8.33, moneys appropriated in this 32 paragraph “b” that remain unencumbered or unobligated at the 33 close of the fiscal year shall not revert but shall remain 34 available for expenditure for the purposes designated until the 35 -22- LSB 1051JB (1) 87 jm/rn 22/ 42
S.F. _____ H.F. _____ close of the succeeding fiscal year. 1 c. For legal services for persons in poverty grants as 2 provided in section 13.34: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,152,301 4 2. a. The department of justice, in submitting budget 5 estimates for the fiscal year commencing July 1, 2019, pursuant 6 to section 8.23, shall include a report of funding from sources 7 other than amounts appropriated directly from the general fund 8 of the state to the department of justice or to the office of 9 consumer advocate. These funding sources shall include but 10 are not limited to reimbursements from other state agencies, 11 commissions, boards, or similar entities, and reimbursements 12 from special funds or internal accounts within the department 13 of justice. The department of justice shall also report actual 14 reimbursements for the fiscal year commencing July 1, 2017, 15 and actual and expected reimbursements for the fiscal year 16 commencing July 1, 2018. 17 b. The department of justice shall include the report 18 required under paragraph “a”, as well as information regarding 19 any revisions occurring as a result of reimbursements actually 20 received or expected at a later date, in a report to the 21 co-chairpersons and ranking members of the joint appropriations 22 subcommittee on the justice system and the legislative services 23 agency. The department of justice shall submit the report on 24 or before January 15, 2019. 25 3. a. The department of justice shall reimburse the 26 costs and necessary related expenses incurred by the Iowa 27 law enforcement academy to employ one additional instructor 28 position who shall provide training for domestic abuse and 29 human trafficking-related issues throughout the state. 30 b. The department of justice shall obtain the moneys 31 necessary to reimburse the Iowa law enforcement academy to 32 employ such an instructor from unrestricted moneys from either 33 the victim compensation fund established in section 915.94, the 34 human trafficking victim fund established in section 915.95, or 35 -23- LSB 1051JB (1) 87 jm/rn 23/ 42
S.F. _____ H.F. _____ the human trafficking enforcement fund established in 2015 Iowa 1 Acts, chapter 138, section 141. 2 Sec. 27. OFFICE OF CONSUMER ADVOCATE. There is appropriated 3 from the department of commerce revolving fund created in 4 section 546.12 to the office of consumer advocate of the 5 department of justice for the fiscal year beginning July 1, 6 2018, and ending June 30, 2019, the following amount, or so 7 much thereof as is necessary, to be used for the purposes 8 designated: 9 For salaries, support, maintenance, and miscellaneous 10 purposes, and for not more than the following full-time 11 equivalent positions: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,568,794 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 22.00 14 Sec. 28. DEPARTMENT OF CORRECTIONS —— FACILITIES. 15 1. There is appropriated from the general fund of the state 16 to the department of corrections for the fiscal year beginning 17 July 1, 2018, and ending June 30, 2019, the following amounts, 18 or so much thereof as is necessary, to be used for the purposes 19 designated: 20 a. For the operation of the Fort Madison correctional 21 facility, including salaries, support, maintenance, and 22 miscellaneous purposes: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 21,359,525 24 b. For the operation of the Anamosa correctional facility, 25 including salaries, support, maintenance, and miscellaneous 26 purposes: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,413,582 28 c. For the operation of the Oakdale correctional facility, 29 including salaries, support, maintenance, and miscellaneous 30 purposes: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,745,767 32 d. For the operation of the Newton correctional facility, 33 including salaries, support, maintenance, and miscellaneous 34 purposes: 35 -24- LSB 1051JB (1) 87 jm/rn 24/ 42
S.F. _____ H.F. _____ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,830,610 1 e. For the operation of the Mount Pleasant correctional 2 facility, including salaries, support, maintenance, and 3 miscellaneous purposes: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,338,207 5 f. For the operation of the Rockwell City correctional 6 facility, including salaries, support, maintenance, and 7 miscellaneous purposes: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,860,229 9 g. For the operation of the Clarinda correctional facility, 10 including salaries, support, maintenance, and miscellaneous 11 purposes: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,542,703 13 Moneys received by the department of corrections as 14 reimbursement for services provided to the Clarinda youth 15 corporation are appropriated to the department and shall be 16 used for the purpose of operating the Clarinda correctional 17 facility. 18 h. For the operation of the Mitchellville correctional 19 facility, including salaries, support, maintenance, and 20 miscellaneous purposes: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,197,045 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 j. For reimbursement of counties for temporary confinement 27 of prisoners, as provided in sections 901.7, 904.908, and 28 906.17, and for offenders confined pursuant to section 904.513: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 787,546 30 k. For federal prison reimbursement, reimbursements for 31 out-of-state placements, and miscellaneous contracts: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 242,206 33 2. The department of corrections shall use moneys 34 appropriated in subsection 1 to continue to contract for the 35 -25- LSB 1051JB (1) 87 jm/rn 25/ 42
S.F. _____ H.F. _____ services of a Muslim imam and a Native American spiritual 1 leader. 2 Sec. 29. DEPARTMENT OF CORRECTIONS —— ADMINISTRATION. 3 There is appropriated from the general fund of the state to the 4 department of corrections 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 1. For general administration, including salaries, support, 9 maintenance, employment of an education director to administer 10 a centralized education program for the correctional system, 11 and miscellaneous purposes: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,576,953 13 a. It is the intent of the general assembly that each 14 lease negotiated by the department of corrections with a 15 private corporation for the purpose of providing private 16 industry employment of inmates in a correctional institution 17 shall prohibit the private corporation from utilizing inmate 18 labor for partisan political purposes for any person seeking 19 election to public office in this state and that a violation 20 of this requirement shall result in a termination of the lease 21 agreement. 22 b. It is the intent of the general assembly that as a 23 condition of receiving the appropriation provided in this 24 subsection the department of corrections shall not enter into 25 a lease or contractual agreement pursuant to section 904.809 26 with a private corporation for the use of building space for 27 the purpose of providing inmate employment without providing 28 that the terms of the lease or contract establish safeguards to 29 restrict, to the greatest extent feasible, access by inmates 30 working for the private corporation to personal identifying 31 information of citizens. 32 2. For educational programs for inmates at state penal 33 institutions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,304,055 35 -26- LSB 1051JB (1) 87 jm/rn 26/ 42
S.F. _____ H.F. _____ a. To maximize the funding for educational programs, 1 the department shall establish guidelines and procedures to 2 prioritize the availability of educational and vocational 3 training for inmates based upon the goal of facilitating an 4 inmate’s successful release from the correctional institution. 5 b. The director of the department of corrections may 6 transfer moneys from Iowa prison industries and the canteen 7 operating funds established pursuant to section 904.310, for 8 use in educational programs for inmates. 9 c. Notwithstanding section 8.33, moneys appropriated in 10 this subsection that remain unobligated or unexpended at the 11 close of the fiscal year shall not revert but shall remain 12 available to be used only for the purposes designated in this 13 subsection until the close of the succeeding fiscal year. 14 3. For the development of the Iowa corrections offender 15 network (ICON) data system: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,000,000 17 4. For offender mental health and substance abuse 18 treatment: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 14,033 20 5. For department-wide duties, including operations, costs, 21 and miscellaneous purposes: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 648,947 23 Sec. 30. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 24 SERVICES. 25 1. There is appropriated from the general fund of the state 26 to the department of corrections for the fiscal year beginning 27 July 1, 2018, and ending June 30, 2019, for salaries, support, 28 maintenance, and miscellaneous purposes, the following amounts, 29 or so much thereof as is necessary, to be used for the purposes 30 designated: 31 a. For the first judicial district department of 32 correctional services: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,318,383 34 It is the intent of the general assembly that the first 35 -27- LSB 1051JB (1) 87 jm/rn 27/ 42
S.F. _____ H.F. _____ judicial district department of correctional services maintain 1 the drug courts operated by the district department. 2 b. For the second judicial district department of 3 correctional services: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,691,870 5 It is the intent of the general assembly that the second 6 judicial district department of correctional services establish 7 and maintain two drug courts to be operated by the district 8 department. 9 c. For the third judicial district department of 10 correctional services: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,583,979 12 d. For the fourth judicial district department of 13 correctional services: 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,789,961 15 e. For the fifth judicial district department of 16 correctional services, including funding for electronic 17 monitoring devices for use on a statewide basis: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,428,970 19 It is the intent of the general assembly that the fifth 20 judicial district department of correctional services maintain 21 the drug court operated by the district department. 22 f. For the sixth judicial district department of 23 correctional services: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,356,583 25 It is the intent of the general assembly that the sixth 26 judicial district department of correctional services maintain 27 the drug court operated by the district department. 28 g. For the seventh judicial district department of 29 correctional services: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,888,671 31 It is the intent of the general assembly that the seventh 32 judicial district department of correctional services maintain 33 the drug court operated by the district department. 34 h. For the eighth judicial district department of 35 -28- LSB 1051JB (1) 87 jm/rn 28/ 42
S.F. _____ H.F. _____ correctional services: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,042,261 2 2. Each judicial district department of correctional 3 services, within the funding available, shall continue programs 4 and plans established within that district to provide for 5 intensive supervision, sex offender treatment, diversion of 6 low-risk offenders to the least restrictive sanction available, 7 job development, and expanded use of intermediate criminal 8 sanctions. 9 3. Each judicial district department of correctional 10 services shall provide alternatives to prison consistent with 11 chapter 901B. The alternatives to prison shall ensure public 12 safety while providing maximum rehabilitation to the offender. 13 A judicial district department of correctional services may 14 also establish a day program. 15 4. The governor’s office of drug control policy shall 16 consider federal grants made to the department of corrections 17 for the benefit of each of the eight judicial district 18 departments of correctional services as local government 19 grants, as defined pursuant to federal regulations. 20 5. The department of corrections shall continue to contract 21 with a judicial district department of correctional services to 22 provide for the rental of electronic monitoring equipment which 23 shall be available statewide. 24 Sec. 31. DEPARTMENT OF CORRECTIONS —— REALLOCATION OF 25 APPROPRIATIONS. Notwithstanding section 8.39, within the 26 moneys appropriated in this division of this Act to the 27 department of corrections, the department may reallocate the 28 moneys appropriated and allocated as necessary to best fulfill 29 the needs of the correctional institutions, administration 30 of the department, and the judicial district departments of 31 correctional services. However, in addition to complying with 32 the requirements of sections 904.116 and 905.8 and providing 33 notice to the legislative services agency, the department 34 of corrections shall also provide notice to the department 35 -29- LSB 1051JB (1) 87 jm/rn 29/ 42
S.F. _____ H.F. _____ of management, prior to the effective date of the revision 1 or reallocation of an appropriation made pursuant to this 2 section. The department of corrections shall not reallocate an 3 appropriation or allocation for the purpose of eliminating any 4 program. 5 Sec. 32. INTENT —— REPORTS. 6 1. The department of corrections in cooperation with 7 townships, the Iowa cemetery associations, and other nonprofit 8 or governmental entities may use inmate labor during the 9 fiscal year beginning July 1, 2018, to restore or preserve 10 rural cemeteries and historical landmarks. The department in 11 cooperation with the counties may also use inmate labor to 12 clean up roads, major water sources, and other water sources 13 around the state. 14 2. On a quarterly basis the department shall provide a 15 status report regarding private-sector employment to the 16 legislative services agency beginning on July 1, 2018. The 17 report shall include the number of offenders employed in the 18 private sector, the combined number of hours worked by the 19 offenders, the total amount of allowances, and the distribution 20 of allowances pursuant to section 904.702, including any moneys 21 deposited in the general fund of the state. 22 Sec. 33. ELECTRONIC MONITORING REPORT. The department of 23 corrections shall submit a report on electronic monitoring to 24 the general assembly, to the co-chairpersons and the ranking 25 members of the joint appropriations subcommittee on the justice 26 system, and to the legislative services agency by January 27 15, 2019. The report shall specifically address the number 28 of persons being electronically monitored and break down the 29 number of persons being electronically monitored by offense 30 committed. The report shall also include a comparison of any 31 data from the prior fiscal year with the current year. 32 Sec. 34. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 33 1. As used in this section, unless the context otherwise 34 requires, “state agency” means the government of the state 35 -30- LSB 1051JB (1) 87 jm/rn 30/ 42
S.F. _____ H.F. _____ of Iowa, including but not limited to all executive branch 1 departments, agencies, boards, bureaus, and commissions, the 2 judicial branch, the general assembly and all legislative 3 agencies, institutions within the purview of the state board of 4 regents, and any corporation whose primary function is to act 5 as an instrumentality of the state. 6 2. State agencies are encouraged to purchase products from 7 Iowa state industries, as defined in section 904.802, when 8 purchases are required and the products are available from 9 Iowa state industries. State agencies shall obtain bids from 10 Iowa state industries for purchases of office furniture during 11 the fiscal year beginning July 1, 2018, exceeding $5,000 or 12 in accordance with applicable administrative rules related to 13 purchases for the agency. 14 Sec. 35. IOWA LAW ENFORCEMENT ACADEMY. 15 1. There is appropriated from the general fund of the 16 state to the Iowa law enforcement academy for the fiscal year 17 beginning July 1, 2018, and ending June 30, 2019, the following 18 amount, or so much thereof as is necessary, to be used for the 19 purposes designated: 20 For salaries, support, maintenance, and miscellaneous 21 purposes, including jailer training and technical assistance, 22 and for not more than the following full-time equivalent 23 positions: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 477,378 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 25.00 26 The Iowa law enforcement academy may temporarily exceed and 27 draw more than the amount appropriated in this subsection and 28 incur a negative cash balance as long as there are receivables 29 equal to or greater than the negative balance and the amount 30 appropriated in this subsection is not exceeded at the close 31 of the fiscal year. 32 2. The Iowa law enforcement academy may select at least 33 five automobiles of the department of public safety, division 34 of state patrol, prior to turning over the automobiles to 35 -31- LSB 1051JB (1) 87 jm/rn 31/ 42
S.F. _____ H.F. _____ the department of administrative services to be disposed 1 of by public auction, and the Iowa law enforcement academy 2 may exchange any automobile owned by the academy for each 3 automobile selected if the selected automobile is used in 4 training law enforcement officers at the academy. However, any 5 automobile exchanged by the academy shall be substituted for 6 the selected vehicle of the department of public safety and 7 sold by public auction with the receipts being deposited in the 8 depreciation fund to the credit of the department of public 9 safety, division of state patrol. 10 3. The Iowa law enforcement academy shall provide training 11 for domestic abuse and human trafficking-related issues 12 throughout the state. The training shall be offered at no 13 cost to the attendees and the training shall not replace any 14 existing domestic abuse or human trafficking training offered 15 by the academy. 16 Sec. 36. STATE PUBLIC DEFENDER. There is appropriated from 17 the general fund of the state to the office of the state public 18 defender of the department of inspections and appeals for the 19 fiscal year beginning July 1, 2018, and ending June 30, 2019, 20 the following amounts, or so much thereof as is necessary, to 21 be used for the purposes designated: 22 1. For salaries, support, maintenance, and miscellaneous 23 purposes, and for not more than the following full-time 24 equivalent positions: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 13,091,122 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 223.00 27 2. For payments on behalf of eligible adults and juveniles 28 from the indigent defense fund, in accordance with section 29 815.11: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,722,224 31 Sec. 37. BOARD OF PAROLE. There is appropriated from the 32 general fund of the state to the board of parole 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 -32- LSB 1051JB (1) 87 jm/rn 32/ 42
S.F. _____ H.F. _____ used for the purposes designated: 1 For salaries, support, maintenance, and miscellaneous 2 purposes, and for not more than the following full-time 3 equivalent positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 595,866 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.75 6 Sec. 38. DEPARTMENT OF PUBLIC DEFENSE. 7 1. There is appropriated from the general fund of the 8 state to the department of public defense, for the fiscal year 9 beginning July 1, 2018, and ending June 30, 2019, the following 10 amounts, or so much thereof as is necessary, to be used for the 11 purposes designated: 12 For salaries, support, maintenance, and miscellaneous 13 purposes, and for not more than the following full-time 14 equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,111,662 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 248.00 17 2. The department of public defense may temporarily exceed 18 and draw more than the amount appropriated in this section and 19 incur a negative cash balance as long as there are receivables 20 of federal funds equal to or greater than the negative balance 21 and the amount appropriated in this section is not exceeded at 22 the close of the fiscal year. 23 Sec. 39. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 24 MANAGEMENT. 25 1. There is appropriated from the general fund of the state 26 to the department of homeland security and emergency management 27 for the fiscal year beginning July 1, 2018, and ending June 28 30, 2019, the following amounts, or so much thereof as is 29 necessary, to be used for the purposes designated: 30 For salaries, support, maintenance, and miscellaneous 31 purposes, and for not more than the following full-time 32 equivalent positions: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,060,964 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 33.87 35 -33- LSB 1051JB (1) 87 jm/rn 33/ 42
S.F. _____ H.F. _____ 2. The department of homeland security and emergency 1 management may temporarily exceed and draw more than the amount 2 appropriated in this section and incur a negative cash balance 3 as long as there are receivables of federal funds equal to or 4 greater than the negative balance and the amount appropriated 5 in this section is not exceeded at the close of the fiscal 6 year. 7 Sec. 40. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 8 from the general fund of the state to the department of public 9 safety for the fiscal year beginning July 1, 2018, and ending 10 June 30, 2019, the following amounts, or so much thereof as is 11 necessary, to be used for the purposes designated: 12 1. For the department’s administrative functions, including 13 the criminal justice information system, and for not more than 14 the following full-time equivalent positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,071,566 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 37.00 17 2. For the division of criminal investigation, including 18 the state’s contribution to the peace officers’ retirement, 19 accident, and disability system provided in chapter 97A in the 20 amount of the state’s normal contribution rate, as defined in 21 section 97A.8, multiplied by the salaries for which the moneys 22 are appropriated, to meet federal fund matching requirements, 23 and for not more than the following full-time equivalent 24 positions: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,795,272 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 160.00 27 The division of criminal investigation may employ two of 28 the three additional full-time equivalent positions authorized 29 pursuant to this subsection that are in excess of the number 30 of full-time equivalent positions authorized for the previous 31 fiscal year only if the division of criminal investigation 32 receives sufficient federal moneys to maintain employment for 33 the additional 2.00 full-time equivalent positions during the 34 current fiscal year. The division of criminal investigation 35 -34- LSB 1051JB (1) 87 jm/rn 34/ 42
S.F. _____ H.F. _____ shall only employ the additional 2.00 full-time equivalent 1 positions in succeeding fiscal years if sufficient federal 2 moneys are received during each of those succeeding fiscal 3 years. 4 3. For the criminalistics laboratory fund created in 5 section 691.9: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 151,173 7 4. a. For the division of narcotics enforcement, including 8 the state’s contribution to the peace officers’ retirement, 9 accident, and disability system provided in chapter 97A in the 10 amount of the state’s normal contribution rate, as defined in 11 section 97A.8, multiplied by the salaries for which the moneys 12 are appropriated, to meet federal fund matching requirements, 13 and for not more than the following full-time equivalent 14 positions: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,726,650 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 66.50 17 The division of narcotics enforcement may employ an 18 additional 1.00 full-time equivalent position authorized 19 pursuant to this lettered paragraph that is in excess of 20 the number of full-time equivalent positions authorized for 21 the previous fiscal year only if the division of narcotics 22 enforcement receives sufficient federal moneys to maintain 23 employment for the additional full-time equivalent position 24 during the current fiscal year. The division of narcotics 25 enforcement shall only employ the additional full-time 26 equivalent position in succeeding fiscal years if sufficient 27 federal moneys are received during each of those succeeding 28 fiscal years. 29 b. For the division of narcotics enforcement for undercover 30 purchases: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 54,521 32 5. For the division of state fire marshal, for fire 33 protection services as provided through the state fire service 34 and emergency response council as created in the department, 35 -35- LSB 1051JB (1) 87 jm/rn 35/ 42
S.F. _____ H.F. _____ and for the state’s contribution to the peace officers’ 1 retirement, accident, and disability system provided in chapter 2 97A in the amount of the state’s normal contribution rate, 3 as defined in section 97A.8, multiplied by the salaries for 4 which the moneys are appropriated, and for not more than the 5 following full-time equivalent positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,343,357 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 53.00 8 6. For the division of state patrol, for salaries, support, 9 maintenance, workers’ compensation costs, and miscellaneous 10 purposes, including the state’s contribution to the peace 11 officers’ retirement, accident, and disability system provided 12 in chapter 97A in the amount of the state’s normal contribution 13 rate, as defined in section 97A.8, multiplied by the salaries 14 for which the moneys are appropriated, and for not more than 15 the following full-time equivalent positions: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,683,170 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 8. For costs associated with the training and equipment 28 needs of volunteer fire fighters: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 412,760 30 a. Notwithstanding section 8.33, moneys appropriated in 31 this subsection that remain unencumbered or unobligated at the 32 close of the fiscal year shall not revert but shall remain 33 available for expenditure only for the purpose designated in 34 this subsection until the close of the succeeding fiscal year. 35 -36- LSB 1051JB (1) 87 jm/rn 36/ 42
S.F. _____ H.F. _____ b. Notwithstanding section 8.39, the department of public 1 safety may reallocate moneys appropriated in this section 2 as necessary to best fulfill the needs provided for in the 3 appropriation. However, the department shall not reallocate 4 moneys appropriated to the department in this section unless 5 notice of the reallocation is given to the legislative services 6 agency and the department of management prior to the effective 7 date of the reallocation. The notice shall include information 8 regarding the rationale for reallocating the moneys. The 9 department shall not reallocate moneys appropriated in this 10 section for the purpose of eliminating any program. 11 9. For the public safety interoperable and broadband 12 communications fund established in section 80.44: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 57,831 14 10. For the office to combat human trafficking established 15 pursuant to section 80.45 as enacted by 2016 Iowa Acts, chapter 16 1077, section 1, including salaries, support, maintenance, 17 miscellaneous purposes, and for not more than the following 18 full-time equivalent positions: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 75,000 20 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 21 11. For department-wide duties, including operations, 22 costs, and miscellaneous purposes: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 917,487 24 Sec. 41. GAMING ENFORCEMENT. 25 1. There is appropriated from the gaming enforcement 26 revolving fund created in section 80.43 to the department of 27 public safety for the fiscal year beginning July 1, 2018, and 28 ending June 30, 2019, the following amount, or so much thereof 29 as is necessary, to be used for the purposes designated: 30 For any direct support costs for agents and officers of 31 the division of criminal investigation’s excursion gambling 32 boat, gambling structure, and racetrack enclosure enforcement 33 activities, including salaries, support, maintenance, and 34 miscellaneous purposes, and for not more than the following 35 -37- LSB 1051JB (1) 87 jm/rn 37/ 42
S.F. _____ H.F. _____ full-time equivalent positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 4,872,636 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 73.00 3 2. For each additional license to conduct gambling games on 4 an excursion gambling boat, gambling structure, or racetrack 5 enclosure issued during the fiscal year beginning July 1, 2018, 6 there is appropriated from the gaming enforcement fund to the 7 department of public safety for the fiscal year beginning July 8 1, 2018, and ending June 30, 2019, an additional amount of not 9 more than $300,000 to be used for not more than 3.00 additional 10 full-time equivalent positions. 11 3. The department of public safety, with the approval of the 12 department of management, may employ no more than three special 13 agents for each additional riverboat or gambling structure 14 regulated after July 1, 2018, and three special agents for 15 each racing facility which becomes operational during the 16 fiscal year which begins July 1, 2018. Positions authorized 17 in this subsection are in addition to the full-time equivalent 18 positions otherwise authorized in this section. 19 Sec. 42. CIVIL RIGHTS COMMISSION. 20 1. There is appropriated from the general fund of the state 21 to the Iowa state civil rights commission 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, and for not more than the following full-time 27 equivalent positions: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 578,531 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 30.00 30 2. The Iowa state civil rights commission may enter into 31 a contract with a nonprofit organization to provide legal 32 assistance to resolve civil rights complaints. 33 Sec. 43. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION. 34 1. There is appropriated from the general fund of the state 35 -38- LSB 1051JB (1) 87 jm/rn 38/ 42
S.F. _____ H.F. _____ to the criminal and juvenile justice planning division of the 1 department of human rights for the fiscal year beginning July 2 1, 2018, and ending June 30, 2019, the following amount or 3 so much thereof as is necessary, to be used for the purposes 4 designated: 5 For salaries, support, maintenance, and miscellaneous 6 purposes, and for not more than the following full-time 7 equivalent positions: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 593,917 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 9.56 10 2. The criminal and juvenile justice planning advisory 11 council and the juvenile justice advisory council shall 12 coordinate their efforts in carrying out their respective 13 duties relative to juvenile justice. 14 Sec. 44. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 15 MANAGEMENT. There is appropriated from the E911 emergency 16 communications fund created in section 34A.7A to the department 17 of homeland security and emergency management for the fiscal 18 year beginning July 1, 2018, and ending June 30, 2019, the 19 following amount, or so much thereof as is necessary, to be 20 used for the purposes designated: 21 For implementation, support, and maintenance of the 22 functions of the administrator and program manager under 23 chapter 34A and to employ the auditor of the state to perform 24 an annual audit of the E911 emergency communications fund: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 125,000 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill relates to and makes appropriations to the justice 30 system. The bill is organized by divisions. 31 FY 2017-2018 APPROPRIATIONS. The bill makes appropriations 32 from the general fund of the state for fiscal year 2017-2018 to 33 the departments of justice, corrections, public defense, public 34 safety, and homeland security and emergency management, and 35 -39- LSB 1051JB (1) 87 jm/rn 39/ 42
S.F. _____ H.F. _____ the Iowa law enforcement academy, office of the state public 1 defender, board of parole, Iowa state civil rights commission, 2 and the criminal and juvenile justice planning division of the 3 department of human rights. 4 The bill appropriates moneys from the consumer education and 5 litigation fund to the department of justice for farm mediation 6 services for fiscal year 2017-2018. 7 The bill appropriates moneys from the department of commerce 8 revolving fund to the office of consumer advocate of the 9 department of justice for fiscal year 2017-2018. 10 The bill also appropriates moneys from the gaming 11 enforcement revolving fund to the department of public safety 12 for fiscal year 2017-2018. 13 The bill appropriates moneys from the wireless E911 14 emergency communications fund to the department of homeland 15 security and emergency management for fiscal year 2017-2018. 16 The bill provides that moneys appropriated to the veterans 17 trust fund established in Code section 35A.13 may be used, upon 18 a majority vote of the commission of veterans affairs, for 19 expenses related to survivor outreach supported by the Iowa 20 department of public defense. 21 The bill creates new Code section 80B.19 establishing the 22 Iowa law enforcement academy internal training clearing fund. 23 The bill provides that the activities of the academy shall be 24 accounted for within the general fund of the state, except 25 the academy may establish and maintain an internal training 26 clearing fund in accordance with generally accepted accounting 27 principles for activities of the academy which are primarily 28 from billings to governmental entities for services rendered by 29 the academy. The proceeds of the internal training clearing 30 fund shall be used by the academy and expended through the 31 appropriated account of the academy for the operations of the 32 academy. 33 The bill makes additional appropriations to the department 34 of public safety and the department of corrections for 35 -40- LSB 1051JB (1) 87 jm/rn 40/ 42
S.F. _____ H.F. _____ department-wide duties. 1 The bill provides that an unsecured appearance bond for 2 state or local traffic violations, and for scheduled violations 3 under Code sections 805.8A, 805.8B, and 805.8C shall equal one 4 and one-half times the minimum fine and applicable surcharge, 5 plus court costs. Current law provides that the unsecured 6 appearance bond shall equal one and one-half times the minimum 7 fine plus court costs. An unsecured appearance bond is an 8 agreement by the defendant that if the defendant fails to 9 appear in person or by counsel to defend against the charge, 10 the court is authorized to enter a conviction and render 11 judgment against the defendant for the amount of the appearance 12 bond in satisfaction of the penalty plus court costs. 13 The bill extends the fiscal period for increasing the 14 appropriations from the consumer education and litigation fund 15 in Code section 714.16C to June 30, 2019. Under current law, 16 the increased appropriations from the consumer education and 17 litigation fund expire on June 30, 2018. 18 The bill repeals a provision requiring that the Rockwell 19 City correctional institution be utilized as a medium security 20 correctional facility for men. 21 The bill repeals a provision requiring that the Mount 22 Pleasant correctional facility be utilized as a medium security 23 facility for men primarily for treatment of inmates who exhibit 24 treatable personality disorders, with or without accompanying 25 history of drug or alcohol abuse. 26 The bill repeals a provision requiring that the Clarinda 27 correctional facility be utilized as a secure men’s 28 correctional facility primarily for offenders with chemical 29 dependence, an intellectual disability, or mental illness. 30 The bill repeals a provision specifying that the Newton 31 correctional facility may include a minimum security facility 32 and a violator facility. 33 FY 2018-2019 APPROPRIATIONS. The bill makes appropriations 34 from the general fund of the state for fiscal year 2018-2019 to 35 -41- LSB 1051JB (1) 87 jm/rn 41/ 42
S.F. _____ H.F. _____ the departments of justice, corrections, public defense, public 1 safety, and homeland security and emergency management, and 2 the Iowa law enforcement academy, office of the state public 3 defender, board of parole, Iowa state civil rights commission, 4 and the criminal and juvenile justice planning division of the 5 department of human 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 also appropriates moneys from the gaming 10 enforcement revolving fund to the department of public safety 11 for fiscal year 2018-2019. 12 The bill appropriates moneys from the wireless E911 13 emergency communications fund to the department of homeland 14 security and emergency management for fiscal year 2018-2019. 15 The bill repeals a provision specifying that the Newton 16 correctional facility may include a minimum security facility 17 and a violator facility. 18 The bill makes additional appropriations to the department 19 of public safety and the department of corrections for 20 department-wide duties. 21 -42- LSB 1051JB (1) 87 jm/rn 42/ 42