House Study Bill 139 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF HUMAN RIGHTS BILL) A BILL FOR An Act relating to certain boards and councils in the 1 department of human rights including the establishment 2 of the justice advisory board and the elimination of the 3 criminal and juvenile justice planning advisory council, the 4 public safety advisory board, and the sex offender research 5 council. 6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 7 TLSB 1201DP (4) 88 as/rh

S.F. _____ H.F. _____ Section 1. Section 216A.3, subsection 2, paragraph a, Code 1 2019, is amended to read as follows: 2 a. The voting members shall consist of nine voting members 3 selected by each of the permanent commissions within the 4 department, and two voting members, appointed by the governor. 5 For purposes of this paragraph “a” , “permanent commissions” 6 means the commission of Latino affairs, commission on the 7 status of women, commission of persons with disabilities, 8 commission on community action agencies, commission of deaf 9 services, criminal and juvenile justice planning advisory 10 council justice advisory board , commission on the status of 11 African Americans, commission of Asian and Pacific Islander 12 affairs, and commission of Native American affairs. The term 13 of office for voting members is four years. 14 Sec. 2. Section 216A.131, Code 2019, is amended to read as 15 follows: 16 216A.131 Definitions. 17 For the purpose of this subchapter , unless the context 18 otherwise requires: 19 1. “Administrator” means the administrator of the division 20 of criminal and juvenile justice planning. 21 2. “Board” means the public safety advisory board justice 22 advisory board . 23 3. “Council” means the criminal and juvenile justice 24 planning advisory council. “Department” means the department of 25 human rights. 26 4. “Division” means the division of criminal and juvenile 27 justice planning. 28 Sec. 3. Section 216A.131A, Code 2019, is amended to read as 29 follows: 30 216A.131A Division of criminal and juvenile justice planning. 31 The division of criminal and juvenile justice planning is 32 established to fulfill the responsibilities of this subchapter , 33 including the duties specified in sections 216A.135 , 216A.136 , 34 216A.137 , 216A.138 , and 216A.139 216A.140 . 35 -1- LSB 1201DP (4) 88 as/rh 1/ 13

S.F. _____ H.F. _____ Sec. 4. Section 216A.132, Code 2019, is amended by striking 1 the section and inserting in lieu thereof the following: 2 216A.132 Board established —— terms —— compensation. 3 1. A justice advisory board is established consisting of 4 twenty-eight members who shall all reside in the state. 5 a. The governor shall appoint nine voting members each for 6 a four-year term beginning and ending as provided in section 7 69.19 and subject to confirmation by the senate as follows: 8 (1) Three persons, each of whom is a county supervisor, 9 county sheriff, mayor, nonsupervisory police officer, or a 10 chief of police of a department with fewer than eleven police 11 officers. 12 (2) Two persons who are knowledgeable about Iowa’s juvenile 13 justice system. 14 (3) One person representing the general public, who is 15 not employed in any law enforcement, judicial, or corrections 16 capacity. 17 (4) One person who is either a crime victim, or who 18 represents a crime victim organization. 19 (5) One person who represents a recognized civil rights 20 organization that advocates for minorities. 21 (6) One person who was formerly under juvenile court 22 or correctional supervision, or a representative of an 23 organization that advocates for individuals who have been under 24 juvenile court or correctional supervision. 25 b. Additional voting members of the board, each serving a 26 four-year term, shall include one representative from each of 27 the following: 28 (1) The Iowa coalition against domestic violence. 29 (2) The American civil liberties union of Iowa. 30 (3) The Iowa county attorneys association. 31 (4) The department of human services. 32 (5) The department of corrections. 33 (6) A judicial district department of correctional 34 services. 35 -2- LSB 1201DP (4) 88 as/rh 2/ 13

S.F. _____ H.F. _____ (7) The department of public safety. 1 (8) The office on the status of African Americans. 2 (9) The department of public health. 3 (10) The board of parole. 4 (11) The department of justice. 5 (12) The state public defender. 6 (13) The governor’s office of drug control policy. 7 c. The chief justice of the supreme court shall designate 8 one member who is a district judge and one member who is either 9 a district associate judge or associate juvenile judge. The 10 members appointed pursuant to this paragraph shall serve as ex 11 officio, nonvoting members for four-year terms beginning and 12 ending as provided in section 69.19, unless the member ceases 13 to serve as a judge. 14 d. The chairperson and ranking member of the senate 15 committee on judiciary shall be ex officio, nonvoting members. 16 In alternating two-year terms, beginning and ending as provided 17 in section 69.16B, the chairperson and ranking member of the 18 house committee on judiciary or of the house committee on 19 public safety shall be ex officio, nonvoting members, with the 20 chairperson and ranking member of the house committee on public 21 safety serving during the term beginning in January 2020. 22 2. Vacancies shall be filled by the original appointing 23 authority in the manner of the original appointments. 24 3. Members of the board shall receive reimbursement from 25 the state for actual and necessary expenses incurred in the 26 performance of their official duties and may also be eligible 27 to receive compensation as provided in section 7E.6. All 28 expense moneys paid to nonlegislative members shall be paid 29 from funds appropriated to the division. Legislative members 30 shall receive compensation as provided in sections 2.10 and 31 2.12. 32 4. Members of the board shall appoint a chairperson and vice 33 chairperson and other officers as the board deems necessary. A 34 majority of the voting members currently appointed to the board 35 -3- LSB 1201DP (4) 88 as/rh 3/ 13

S.F. _____ H.F. _____ shall constitute a quorum. A quorum shall be required for the 1 conduct of business of the board and the affirmative vote of a 2 majority of the currently appointed members is necessary for 3 any substantive action taken by the board. A member shall not 4 vote on any action if the member has a conflict of interest 5 on the matter, and a statement by the member of a conflict of 6 interest shall be conclusive for this purpose. 7 5. Membership on the board shall be bipartisan as provided 8 in section 69.16 and gender balanced as provided in section 9 69.16A. 10 6. Meetings of the board shall be open to the public as 11 provided in chapter 21. 12 7. The board may call upon any department, agency, or office 13 of the state, or any political subdivision of the state, for 14 information or assistance as needed in the performance of its 15 duties. The information or assistance shall be furnished to 16 the extent that it is within the resources and authority of 17 the department, agency, office, or political subdivision. 18 This section does not require the production or opening of 19 any records which are required by law to be kept private or 20 confidential. 21 Sec. 5. Section 216A.133, Code 2019, is amended by striking 22 the section and inserting in lieu thereof the following: 23 216A.133 Purpose and duties. 24 1. The purpose of the board shall be all of the following: 25 a. Develop short-term and long-term goals to improve the 26 criminal and juvenile justice systems. 27 b. Identify and analyze justice system issues. 28 c. Develop and assist others in implementing recommendations 29 and plans for justice system improvement. 30 d. Provide the general assembly with an analysis of current 31 and proposed criminal code provisions. 32 e. Provide for a clearinghouse of justice system information 33 to coordinate with data resource agencies and assist others in 34 the use of justice system data. 35 -4- LSB 1201DP (4) 88 as/rh 4/ 13

S.F. _____ H.F. _____ 2. The board shall advise the division on its administration 1 of state and federal grants and appropriations and shall carry 2 out other functions consistent with this subchapter. 3 3. The duties of the board shall consist of the following: 4 a. Identifying issues and analyzing the operation and impact 5 of present criminal and juvenile justice policy and making 6 recommendations for policy changes. 7 b. Coordinating with data resource agencies to provide 8 data and analytical information to federal, state, and local 9 governments, and assisting agencies in the use of criminal and 10 juvenile justice data. 11 c. Reporting criminal justice system needs to the governor, 12 the general assembly, and other decision makers to improve the 13 criminal justice system. 14 d. Reporting juvenile justice system needs to the governor, 15 the general assembly, and other decision makers to address 16 issues specifically affecting the juvenile justice system, 17 including evidence-based programs for group foster care 18 placements and the state training school, diversion, and 19 community-based services for juvenile offenders. 20 e. Providing technical assistance upon request to state and 21 local agencies. 22 f. Administering federal funds and funds appropriated 23 by the state or that are otherwise available in compliance 24 with applicable laws, regulations, and other requirements for 25 purposes of study, research, investigation, planning, and 26 implementation in the areas of criminal and juvenile justice. 27 g. Making grants to cities, counties, and other entities 28 pursuant to applicable law. 29 h. Maintaining an Iowa correctional policy project as 30 provided in section 216A.137. 31 i. Providing input to the department director in the 32 development of budget recommendations for the division. 33 j. Coordinating with the administrator to develop and make 34 recommendations to the department director pursuant to section 35 -5- LSB 1201DP (4) 88 as/rh 5/ 13

S.F. _____ H.F. _____ 216A.2. 1 k. Serving as a liaison between the division and the public, 2 sharing information and gathering constituency input. 3 l. Recommending to the board the adoption of rules pursuant 4 to chapter 17A as it deems necessary for the board and 5 division. 6 m. Recommending legislative and executive action to the 7 governor and general assembly. 8 n. Establishing advisory committees, work groups, or other 9 coalitions as appropriate. 10 o. Providing the general assembly with an analysis and 11 recommendations of current criminal code provisions and 12 proposed legislation which include but are not limited to all 13 of the following: 14 (1) Potential disparity in sentencing. 15 (2) Truth in sentencing. 16 (3) Victims. 17 (4) The proportionality of specific sentences. 18 (5) Sentencing procedures. 19 (6) Costs associated with the implementation of criminal 20 code provisions, including costs to the judicial branch, 21 department of corrections, and judicial district departments 22 of correctional services, costs for representing indigent 23 defendants, and costs incurred by political subdivisions of the 24 state. 25 (7) Best practices related to the department of corrections 26 including recidivism rates, safety and the efficient use of 27 correctional staff, and compliance with correctional standards 28 set by the federal government and other jurisdictions. 29 (8) Best practices related to the Iowa child death review 30 team established in section 135.43 and the Iowa domestic abuse 31 death review team established in section 135.109. 32 p. Studying and making recommendations for treating and 33 supervising adult and juvenile sex offenders in institutions, 34 community-based programs, and in the community, in areas which 35 -6- LSB 1201DP (4) 88 as/rh 6/ 13

S.F. _____ H.F. _____ include but are not limited to all of the following: 1 (1) The effectiveness of electronically monitoring sex 2 offenders. 3 (2) The cost and effectiveness of special sentences 4 pursuant to chapter 903B. 5 (3) Risk assessment models created for sex offenders. 6 (4) Determining the best treatment programs available for 7 sex offenders and the efforts of Iowa and other states to 8 implement treatment programs. 9 (5) The efforts of Iowa and other states to prevent sex 10 abuse-related crimes including child sex abuse. 11 (6) Any other related issues the board deems necessary, 12 including but not limited to computer and internet sex-related 13 crimes, sex offender case management, best practices for sex 14 offender supervision, the sex offender registry, and the 15 effectiveness of safety zones. 16 q. Providing expertise and advice to the legislative 17 services agency, the department of corrections, the 18 judicial branch, and others charged with formulating fiscal, 19 correctional, or minority impact statements. 20 r. Reviewing data supplied by the division, the department 21 of management, the legislative services agency, the Iowa 22 supreme court, and other departments or agencies for the 23 purpose of determining the effectiveness and efficiency of the 24 collection of such data. 25 4. The board shall submit reports, in accordance with 26 section 216A.135, to the governor and general assembly 27 regarding actions taken, issues studied, and board 28 recommendations. 29 Sec. 6. Section 216A.135, Code 2019, is amended by striking 30 the section and inserting in lieu thereof the following: 31 216A.135 Plan and report. 32 1. The board shall submit a three-year criminal and juvenile 33 justice plan for the state, beginning December 1, 2020, and 34 every three years thereafter, by December 1. The three-year 35 -7- LSB 1201DP (4) 88 as/rh 7/ 13

S.F. _____ H.F. _____ plan shall be updated annually. Each three-year plan and 1 annual updates of the three-year plan shall be submitted to the 2 governor and the general assembly by December 1. 3 2. The three-year plan and annual updates shall include but 4 are not limited to the following: 5 a. Short-term and long-term goals for the criminal and 6 juvenile justice systems. 7 b. The identification of issues and studies on the effective 8 treatment and supervision of adult and juvenile sex offenders 9 in institutions, community-based programs, and the community. 10 c. Analysis and recommendations of current criminal code 11 provisions. 12 d. The effectiveness and efficiencies of current criminal 13 and juvenile justice policies, practices, and services. 14 e. Collection of criminal and juvenile justice data. 15 f. Recommendations to improve the criminal and juvenile 16 justice systems. 17 Sec. 7. Section 216A.137, Code 2019, is amended to read as 18 follows: 19 216A.137 Correctional policy project. 20 The division shall maintain an Iowa correctional policy 21 project for the purpose of conducting analyses of major 22 correctional issues affecting the criminal and juvenile justice 23 system. The council board shall identify and prioritize the 24 issues and studies to be addressed by the division through 25 this project and shall report project plans and findings 26 annually along with the report required in section 216A.135 . 27 Issues and studies to be considered by the council board shall 28 include, but are not limited to a review of the information 29 systems available to assess corrections trends and program 30 effectiveness, the development of an evaluation plan for 31 assessing the impact of corrections expenditures, and a study 32 of the desirability and feasibility of changing the state’s 33 sentencing practices, a public opinion survey to assess the 34 public’s view of possible changes in current corrections 35 -8- LSB 1201DP (4) 88 as/rh 8/ 13

S.F. _____ H.F. _____ practices, and the development of parole guidelines which 1 includes a prison population forecast . 2 The division may form subcommittees for the purpose of 3 addressing major correctional issues affecting the criminal 4 and juvenile justice system. The division shall establish 5 a subcommittee to address issues specifically affecting the 6 juvenile justice system. 7 Sec. 8. REPEAL. Sections 216A.133A and 216A.139, Code 2019, 8 are repealed. 9 EXPLANATION 10 The inclusion of this explanation does not constitute agreement with 11 the explanation’s substance by the members of the general assembly. 12 This bill relates to certain boards and councils under the 13 department of human rights including the establishment of the 14 justice advisory board and the elimination of the criminal and 15 juvenile justice planning advisory council, the public safety 16 advisory board, and the sex offender research council. 17 The bill eliminates the criminal and juvenile justice 18 planning advisory council, the public safety advisory board, 19 and the sex offender research council and establishes the 20 justice advisory board to consist of 28 members (22 voting 21 members and 6 ex officio nonvoting members) all residing within 22 the state of Iowa. The justice advisory board will assume many 23 of the responsibilities, duties, and objectives of the three 24 entities eliminated in the bill. Nine voting members shall 25 be appointed by the governor, subject to confirmation by the 26 senate, for a four-year term. Other voting members of the 27 board serving four-year terms shall include representatives 28 from the Iowa coalition against domestic violence; the American 29 civil liberties union of Iowa; the Iowa county attorneys 30 association; the departments of human services, corrections, 31 public safety, public health, and justice; a judicial district 32 department of correctional services; the office of the status 33 of African Americans; the board of parole; the state public 34 defender; and the governor’s office of drug control policy. 35 -9- LSB 1201DP (4) 88 as/rh 9/ 13

S.F. _____ H.F. _____ The chief justice of the supreme court shall designate a 1 district judge and a district associate judge or associate 2 juvenile judge to serve as ex officio, nonvoting members of 3 the board for four-year terms, unless the member ceases to 4 serve as a judge. The chairperson and ranking member of the 5 senate committee on judiciary shall be ex officio, nonvoting 6 members. In alternating two-year terms, the chairperson and 7 ranking member of the house committee on judiciary or of the 8 house committee on public safety shall be ex officio, nonvoting 9 members. 10 The bill provides that the purpose of the justice advisory 11 board is to: develop short-term and long-term goals to 12 improve the criminal and juvenile justice systems; identify and 13 analyze justice system issues; develop and assist others in 14 implementing recommendations and plans for system improvement; 15 provide the general assembly with an analysis of current 16 and proposed criminal code provisions; and provide for a 17 clearinghouse of justice system information to coordinate 18 with data resource agencies and assist others in the use of 19 justice system data. The board shall advise the division of 20 criminal and juvenile justice planning of the department of 21 human rights (division) on its administration of state and 22 federal grants and appropriations and shall carry out other 23 functions consistent with the subchapter, which includes the 24 responsibilities and duties of the division. 25 The duties of the justice advisory board include identifying 26 issues and analyzing the operation and impact of present 27 criminal and juvenile justice policy and making recommendations 28 for policy changes; coordinating with data resource agencies 29 to provide data and analytical information to federal, state, 30 and local governments, and assisting agencies in the use of 31 criminal and juvenile justice data; reporting criminal justice 32 and juvenile justice system needs to the governor, the general 33 assembly, and other decision makers to improve the criminal 34 justice system; providing technical assistance upon request 35 -10- LSB 1201DP (4) 88 as/rh 10/ 13

S.F. _____ H.F. _____ to state and local agencies; administering federal funds 1 and funds appropriated by the state or that are otherwise 2 available for purposes of study, research, investigation, 3 planning, and implementation in the areas of criminal and 4 juvenile justice; making grants to cities, counties, and 5 other entities pursuant to applicable law; maintaining an 6 Iowa correctional policy; providing input to the director of 7 the department of human services in the development of budget 8 recommendations; recommending rules pursuant to Code chapter 9 17A as necessary for the board and division; recommending 10 legislative and executive action to the governor and general 11 assembly; establishing advisory committees, work groups, or 12 other coalitions as appropriate; providing the general assembly 13 with an analysis and recommendations of current criminal code 14 provisions and proposed legislation; studying and making 15 recommendations for treating and supervising adult and juvenile 16 sex offenders in institutions, community-based programs, 17 and in the community; providing expertise and advice to the 18 legislative services agency, the department of corrections, the 19 judicial branch, and others charged with formulating fiscal, 20 correctional, or minority impact statements; and reviewing data 21 supplied by the division, the department of management, the 22 legislative services agency, the Iowa supreme court, and other 23 departments. 24 The bill provides that the justice advisory board shall 25 submit a three-year criminal and juvenile justice plan for 26 the state, beginning December 1, 2020, and every three years 27 thereafter, by December 1. The three-year plan shall be 28 updated annually. The three-year plan and annual updates shall 29 include short-term and long-term goals for the criminal and 30 juvenile justice systems; the identification of issues and 31 studies on the effective treatment and supervision of adult 32 and juvenile sex offenders in institutions, community-based 33 programs, and in the community; analysis and recommendations 34 of current criminal code provisions; the effectiveness and 35 -11- LSB 1201DP (4) 88 as/rh 11/ 13

S.F. _____ H.F. _____ efficiencies of current criminal and juvenile justice policies, 1 practices, and services; the collection of criminal and 2 juvenile justice data; and recommendations to improve the 3 criminal and juvenile justice systems. 4 The bill provides that the justice advisory board shall 5 identify and prioritize the issues and studies to be 6 addressed by the division. The division will maintain an Iowa 7 correctional policy project for the purpose of conducting 8 analyses of major correctional issues affecting the criminal 9 and juvenile justice system. Issues and studies to be 10 considered by the justice advisory board include a review of 11 the information systems available to assess corrections trends 12 and program effectiveness, the development of an evaluation 13 plan for assessing the impact of corrections expenditures, 14 and a study of the desirability and feasibility of changing 15 the state’s sentencing practices, which includes a prison 16 population forecast. 17 The bill provides that a member of the justice advisory board 18 shall be a voting member of the human rights board replacing 19 the member representative from the criminal law and juvenile 20 justice planning and advisory council. 21 The bill adds the duties specified in Code section 216A.140, 22 concerning the Iowa collaboration for youth development 23 council and the state of Iowa youth advisory council, to the 24 responsibilities of the division of criminal and juvenile 25 justice planning. Those duties shall include but are not 26 limited to all of the following: to study, explore, and plan 27 for the best approach to structure and formalize the functions 28 and activities of the youth development council to meet its 29 purpose, and make formal recommendations for improvement to 30 the governor and general assembly; to review indicator data 31 and identify barriers to youth success and develop strategies 32 to address the barriers; to coordinate across agencies the 33 state policy priorities for youth; to strengthen partnerships 34 with the nonprofit and private sectors to gather input, 35 -12- LSB 1201DP (4) 88 as/rh 12/ 13

S.F. _____ H.F. _____ build consensus, and maximize the use of existing resources 1 and leverage new resources to improve the lives of youth 2 and their families; to oversee the activities of the youth 3 advisory council; to seek input from and engage the youth 4 advisory council in the development of more effective policies, 5 practices, and programs to improve the lives and futures of 6 youth; and to report annually by February 1 to the governor and 7 general assembly. 8 The bill repeals Code sections 216A.133A (duties of the 9 public safety advisory board) and 216A.139 (sex offender 10 research council), and makes conforming Code changes. 11 -13- LSB 1201DP (4) 88 as/rh 13/ 13