House File 2559 - Introduced HOUSE FILE 2559 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO LSB 5005HB) 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 5005HV (1) 89 as/tm
H.F. 2559 DIVISION I 1 FY 2022-2023 APPROPRIATIONS 2 Section 1. DEPARTMENT OF JUSTICE. 3 1. There is appropriated from the general fund of the state 4 to the department of justice for the fiscal year beginning July 5 1, 2022, and ending June 30, 2023, the following amounts, or 6 so much thereof as is necessary, to be used for the purposes 7 designated: 8 a. For the general office of attorney general for 9 salaries, support, maintenance, and miscellaneous purposes, 10 including the prosecuting attorneys training program, matching 11 funds for federal violence against women grant programs, 12 victim assistance grants, the office of drug control policy 13 prosecuting attorney program, and odometer fraud enforcement, 14 and for not more than the following full-time equivalent 15 positions: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,536,696 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 207.00 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 The general office of attorney general may temporarily 23 exceed and draw more than the amount appropriated in this 24 lettered paragraph and incur a negative cash balance as long 25 as there are receivables equal to or greater than the negative 26 balances and the amount appropriated in this lettered paragraph 27 is not exceeded at the close of the fiscal year. 28 b. For victim assistance grants: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,016,708 30 The moneys appropriated in this lettered paragraph shall be 31 used to provide grants to care providers providing services to 32 crime victims of domestic abuse or to crime victims of rape and 33 sexual assault. 34 The balance of the victim compensation fund established 35 -1- LSB 5005HV (1) 89 as/tm 1/ 22
H.F. 2559 in section 915.94 may be used to provide salary and support 1 of not more than 24.00 full-time equivalent positions and to 2 provide maintenance for the victim compensation functions 3 of the department of justice. In addition to the full-time 4 equivalent positions authorized pursuant to this paragraph, 5 7.00 full-time equivalent positions are authorized and shall 6 be used by the department of justice to employ one accountant 7 and four program planners. The department of justice may 8 employ the additional 7.00 full-time equivalent positions 9 authorized pursuant to this paragraph that are in excess of the 10 number of full-time equivalent positions authorized only if 11 the department of justice receives sufficient federal moneys 12 to maintain employment for the additional full-time equivalent 13 positions during the current fiscal year. The department 14 of justice shall only employ the additional 7.00 full-time 15 equivalent positions in succeeding fiscal years if sufficient 16 federal moneys are received during each of those succeeding 17 fiscal years. 18 The department of justice shall transfer at least $150,000 19 from the victim compensation fund established in section 915.94 20 to the victim assistance grant program established in section 21 13.31. 22 Notwithstanding section 8.33, moneys appropriated in this 23 lettered paragraph that remain unencumbered or unobligated at 24 the close of the fiscal year shall not revert but shall remain 25 available for expenditure for the purposes designated until the 26 close of the succeeding fiscal year. 27 c. For legal services for persons in poverty grants as 28 provided in section 13.34: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,634,601 30 d. To improve the department of justice’s cybersecurity and 31 technology infrastructure: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 202,060 33 2. a. The department of justice, in submitting budget 34 estimates for the fiscal year beginning July 1, 2023, pursuant 35 -2- LSB 5005HV (1) 89 as/tm 2/ 22
H.F. 2559 to section 8.23, shall include a report of funding from sources 1 other than amounts appropriated directly from the general fund 2 of the state to the department of justice or to the office of 3 consumer advocate. These funding sources shall include but 4 are not limited to reimbursements from other state agencies, 5 commissions, boards, or similar entities, and reimbursements 6 from special funds or internal accounts within the department 7 of justice. The department of justice shall also report actual 8 reimbursements for the fiscal year beginning July 1, 2021, 9 and actual and expected reimbursements for the fiscal year 10 beginning July 1, 2022. 11 b. The department of justice shall include the report 12 required under paragraph “a”, as well as information regarding 13 any revisions occurring as a result of reimbursements actually 14 received or expected at a later date, in a report to the 15 general assembly. The department of justice shall submit the 16 report on or before January 15, 2023. 17 3. a. The department of justice shall fully reimburse 18 the costs and necessary related expenses incurred by the Iowa 19 law enforcement academy to continue to employ one additional 20 instructor position who shall provide training for human 21 trafficking-related issues throughout the state. 22 b. The department of justice shall obtain the moneys 23 necessary to reimburse the Iowa law enforcement academy to 24 employ such an instructor from unrestricted moneys from either 25 the victim compensation fund established in section 915.94 or 26 the human trafficking victim fund established in section 915.95 27 or the human trafficking enforcement fund established in 2015 28 Iowa Acts, chapter 138, section 141. 29 Sec. 2. OFFICE OF CONSUMER ADVOCATE. There is appropriated 30 from the department of commerce revolving fund created in 31 section 546.12 to the office of consumer advocate of the 32 department of justice for the fiscal year beginning July 1, 33 2022, and ending June 30, 2023, the following amount, or so 34 much thereof as is necessary, to be used for the purposes 35 -3- LSB 5005HV (1) 89 as/tm 3/ 22
H.F. 2559 designated: 1 For salaries, support, maintenance, and miscellaneous 2 purposes, and for not more than the following full-time 3 equivalent positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,199,004 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 18.00 6 Sec. 3. DEPARTMENT OF CORRECTIONS —— FACILITIES. 7 1. There is appropriated from the general fund of the state 8 to the department of corrections for the fiscal year beginning 9 July 1, 2022, and ending June 30, 2023, the following amounts, 10 or so much thereof as is necessary, to be used for the purposes 11 designated: 12 a. For the operation of the Fort Madison correctional 13 facility, including salaries, support, maintenance, and 14 miscellaneous purposes: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 44,017,405 16 b. For the operation of the Anamosa correctional facility, 17 including salaries, support, maintenance, and miscellaneous 18 purposes: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 36,916,678 20 c. For the operation of the Oakdale correctional facility, 21 including salaries, support, maintenance, and miscellaneous 22 purposes: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 56,353,264 24 d. For the Oakdale correctional facility for 25 department-wide institutional pharmaceuticals and miscellaneous 26 purposes: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,556,620 28 e. For the operation of the Newton correctional facility, 29 including salaries, support, maintenance, and miscellaneous 30 purposes: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,373,418 32 f. For the operation of the Mount Pleasant correctional 33 facility, including salaries, support, maintenance, and 34 miscellaneous purposes: 35 -4- LSB 5005HV (1) 89 as/tm 4/ 22
H.F. 2559 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 28,516,777 1 g. For the operation of the Rockwell City correctional 2 facility, including salaries, support, maintenance, and 3 miscellaneous purposes: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,063,221 5 h. For the operation of the Clarinda correctional facility, 6 including salaries, support, maintenance, and miscellaneous 7 purposes: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27,225,356 9 Moneys received by the department of corrections as 10 reimbursement for services provided to the Clarinda youth 11 corporation are appropriated to the department and shall be 12 used for the purpose of operating the Clarinda correctional 13 facility. 14 i. For the operation of the Mitchellville correctional 15 facility, including salaries, support, maintenance, and 16 miscellaneous purposes: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,868,591 18 j. For the operation of the Fort Dodge correctional 19 facility, including salaries, support, maintenance, and 20 miscellaneous purposes: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 32,695,651 22 k. For reimbursement of counties for temporary confinement 23 of prisoners, as provided in sections 901.7, 904.908, and 24 906.17, and for offenders confined pursuant to section 904.513: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,195,319 26 l. For federal prison reimbursement, reimbursements for 27 out-of-state placements, and miscellaneous contracts: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 234,411 29 2. The department of corrections shall use moneys 30 appropriated in subsection 1 to continue to contract for the 31 services of a Muslim imam and a Native American spiritual 32 leader. 33 Sec. 4. DEPARTMENT OF CORRECTIONS —— ADMINISTRATION. 34 There is appropriated from the general fund of the state to the 35 -5- LSB 5005HV (1) 89 as/tm 5/ 22
H.F. 2559 department of corrections for the fiscal year beginning July 1 1, 2022, and ending June 30, 2023, the following amounts, or 2 so much thereof as is necessary, to be used for the purposes 3 designated: 4 1. For general administration, including salaries and the 5 adjustment of salaries throughout the department, support, 6 maintenance, employment of an education director to administer 7 a centralized education program for the correctional system, 8 and miscellaneous purposes: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,332,699 10 a. It is the intent of the general assembly that each 11 lease negotiated by the department of corrections with a 12 private corporation for the purpose of providing private 13 industry employment of inmates in a correctional institution 14 shall prohibit the private corporation from utilizing inmate 15 labor for partisan political purposes for any person seeking 16 election to public office in this state and that a violation 17 of this requirement shall result in a termination of the lease 18 agreement. 19 b. It is the intent of the general assembly that as a 20 condition of receiving the appropriation provided in this 21 subsection the department of corrections shall not enter into 22 a lease or contractual agreement pursuant to section 904.809 23 with a private corporation for the use of building space for 24 the purpose of providing inmate employment without providing 25 that the terms of the lease or contract establish safeguards to 26 restrict, to the greatest extent feasible, access by inmates 27 working for the private corporation to personal identifying 28 information of citizens. 29 2. For educational programs for inmates at state penal 30 institutions: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,608,109 32 a. To maximize the funding for educational programs, 33 the department shall establish guidelines and procedures to 34 prioritize the availability of educational and vocational 35 -6- LSB 5005HV (1) 89 as/tm 6/ 22
H.F. 2559 training for inmates based upon the goal of facilitating an 1 inmate’s successful release from the correctional institution. 2 b. The director of the department of corrections may 3 transfer moneys from Iowa prison industries and the canteen 4 operating funds established pursuant to section 904.310, for 5 use in educational programs for inmates. 6 c. Notwithstanding section 8.33, moneys appropriated in 7 this subsection that remain unencumbered or unobligated at the 8 close of the fiscal year shall not revert but shall remain 9 available to be used only for the purposes designated in this 10 subsection until the close of the succeeding fiscal year. 11 3. For the development and operation of the Iowa corrections 12 offender network (ICON) data system: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 14 4. For offender mental health and substance abuse 15 treatment: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 28,065 17 5. For department-wide duties, including operations, costs, 18 and miscellaneous purposes: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 243,797 20 Notwithstanding section 8.33, moneys appropriated in this 21 section that remain unencumbered or unobligated at the close of 22 the fiscal year shall not revert but shall remain available for 23 expenditure for the purposes designated until the close of the 24 succeeding fiscal year. 25 Sec. 5. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 26 SERVICES. 27 1. There is appropriated from the general fund of the state 28 to the department of corrections for the fiscal year beginning 29 July 1, 2022, and ending June 30, 2023, for salaries, support, 30 maintenance, and miscellaneous purposes, the following amounts, 31 or so much thereof as is necessary, to be used for the purposes 32 designated: 33 a. For the first judicial district department of 34 correctional services: 35 -7- LSB 5005HV (1) 89 as/tm 7/ 22
H.F. 2559 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,236,850 1 It is the intent of the general assembly that the first 2 judicial district department of correctional services maintains 3 the drug courts operated by the district department. 4 b. For the second judicial district department of 5 correctional services: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,812,936 7 It is the intent of the general assembly that the second 8 judicial district department of correctional services maintains 9 two drug courts to be operated by the district department. 10 c. For the third judicial district department of 11 correctional services: 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,724,830 13 d. For the fourth judicial district department of 14 correctional services: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,205,083 16 e. For the fifth judicial district department of 17 correctional services, including funding for electronic 18 monitoring devices for use on a statewide basis: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23,482,704 20 It is the intent of the general assembly that the fifth 21 judicial district department of correctional services maintains 22 the drug court operated by the district department. 23 f. For the sixth judicial district department of 24 correctional services: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,785,878 26 It is the intent of the general assembly that the sixth 27 judicial district department of correctional services maintains 28 the drug court operated by the district department. 29 g. For the seventh judicial district department of 30 correctional services: 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,690,464 32 It is the intent of the general assembly that the seventh 33 judicial district department of correctional services maintains 34 the drug court operated by the district department. 35 -8- LSB 5005HV (1) 89 as/tm 8/ 22
H.F. 2559 h. For the eighth judicial district department of 1 correctional services: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,255,601 3 2. Each judicial district department of correctional 4 services, within the moneys available, shall continue programs 5 and plans established within that district to provide for 6 intensive supervision, sex offender treatment, diversion of 7 low-risk offenders to the least restrictive sanction available, 8 job development, and expanded use of intermediate criminal 9 sanctions. 10 3. Each judicial district department of correctional 11 services shall provide alternatives to prison consistent with 12 chapter 901B. The alternatives to prison shall ensure public 13 safety while providing maximum rehabilitation to the offender. 14 A judicial district department of correctional services may 15 also establish a day program. 16 4. The governor’s office of drug control policy shall 17 consider federal grants made to the department of corrections 18 for the benefit of each of the eight judicial district 19 departments of correctional services as local government 20 grants, as defined pursuant to federal regulations. 21 5. The department of corrections shall continue to contract 22 with a judicial district department of correctional services to 23 provide for the rental of electronic monitoring equipment which 24 shall be available statewide. 25 6. The public safety assessment shall not be utilized 26 in pretrial hearings when determining whether to detain or 27 release a defendant before trial, and the use of the public 28 safety assessment pilot program shall be terminated as of the 29 effective date of this subsection, until such time the use of 30 the public safety assessment has been specifically authorized 31 by the general assembly. 32 Sec. 6. DEPARTMENT OF CORRECTIONS —— REALLOCATION OF 33 APPROPRIATIONS. Notwithstanding section 8.39, within 34 the moneys appropriated in this Act to the department of 35 -9- LSB 5005HV (1) 89 as/tm 9/ 22
H.F. 2559 corrections, the department may reallocate the moneys 1 appropriated and allocated as necessary to best fulfill the 2 needs of the correctional institutions, administration of 3 the department, and the judicial district departments of 4 correctional services. However, in addition to complying with 5 the requirements of sections 904.116 and 905.8 and providing 6 notice to the legislative services agency, the department 7 of corrections shall also provide notice to the department 8 of management, prior to the effective date of the revision 9 or reallocation of an appropriation made pursuant to this 10 section. The department of corrections shall not reallocate an 11 appropriation or allocation for the purpose of eliminating any 12 program. 13 Sec. 7. INTENT —— REPORTS. 14 1. The department of corrections, in cooperation with 15 townships, the Iowa cemetery associations, and other nonprofit 16 or governmental entities, may use inmate labor during the 17 fiscal year beginning July 1, 2022, to restore or preserve 18 rural cemeteries and historical landmarks. The department, in 19 cooperation with the counties, may also use inmate labor to 20 clean up roads, major water sources, and other water sources 21 around the state. 22 2. On a quarterly basis, the department shall provide 23 a status report regarding private-sector employment to the 24 general assembly beginning on July 1, 2022. The report shall 25 include the number of offenders employed in the private sector, 26 the combined number of hours worked by the offenders, the 27 total amount of allowances, and the distribution of allowances 28 pursuant to section 904.702, including any moneys deposited in 29 the general fund of the state. 30 Sec. 8. ELECTRONIC MONITORING REPORT. The department of 31 corrections shall submit a report on electronic monitoring 32 to the general assembly by January 15, 2023. The report 33 shall specifically address the number of persons being 34 electronically monitored and break down the number of persons 35 -10- LSB 5005HV (1) 89 as/tm 10/ 22
H.F. 2559 being electronically monitored by offense committed. The 1 report shall also include a comparison of any data from the 2 prior fiscal year with the current fiscal year. 3 Sec. 9. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 4 1. As used in this section, unless the context otherwise 5 requires, “state agency” means the government of the state 6 of Iowa, including but not limited to all executive branch 7 departments, agencies, boards, bureaus, and commissions, the 8 judicial branch, the general assembly and all legislative 9 agencies, institutions within the purview of the state board of 10 regents, and any corporation whose primary function is to act 11 as an instrumentality of the state. 12 2. State agencies are encouraged to purchase products from 13 Iowa state industries, as defined in section 904.802, when 14 purchases are required and the products are available from 15 Iowa state industries. State agencies shall obtain bids from 16 Iowa state industries for purchases of office furniture during 17 the fiscal year beginning July 1, 2022, exceeding $5,000 or 18 in accordance with applicable administrative rules related to 19 purchases for the agency. 20 Sec. 10. IOWA LAW ENFORCEMENT ACADEMY. 21 1. There is appropriated from the general fund of the 22 state to the Iowa law enforcement academy for the fiscal year 23 beginning July 1, 2022, and ending June 30, 2023, the following 24 amount, or so much thereof as is necessary, to be used for the 25 purposes designated: 26 a. For salaries, support, maintenance, and miscellaneous 27 purposes, including jailer training and technical assistance, 28 and for not more than the following full-time equivalent 29 positions: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,240,569 31 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 30.25 32 b. The Iowa law enforcement academy may temporarily exceed 33 and draw more than the amount appropriated in this subsection 34 and incur a negative cash balance as long as there are 35 -11- LSB 5005HV (1) 89 as/tm 11/ 22
H.F. 2559 receivables equal to or greater than the negative balance and 1 the amount appropriated in this subsection is not exceeded at 2 the close of the fiscal year. 3 2. The Iowa law enforcement academy may select at least 4 five automobiles of the department of public safety, division 5 of state patrol, prior to turning over the automobiles to 6 the department of administrative services to be disposed 7 of by public auction, and the Iowa law enforcement academy 8 may exchange any automobile owned by the academy for each 9 automobile selected if the selected automobile is used in 10 training law enforcement officers at the academy. However, any 11 automobile exchanged by the academy shall be substituted for 12 the selected vehicle of the department of public safety and 13 sold by public auction with the receipts being deposited in the 14 depreciation fund maintained pursuant to section 8A.365 to the 15 credit of the department of public safety, division of state 16 patrol. 17 3. The Iowa law enforcement academy shall provide training 18 for domestic abuse and human trafficking-related issues 19 throughout the state. The training shall be offered at no 20 cost to the attendees and the training shall not replace any 21 existing domestic abuse or human trafficking training offered 22 by the academy. 23 Sec. 11. STATE PUBLIC DEFENDER. There is appropriated from 24 the general fund of the state to the office of the state public 25 defender of the department of inspections and appeals for the 26 fiscal year beginning July 1, 2022, and ending June 30, 2023, 27 the following amounts, or so much thereof as is necessary, to 28 be used for the purposes designated: 29 1. For salaries, support, maintenance, and miscellaneous 30 purposes, and for not more than the following full-time 31 equivalent positions: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,137,092 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 234.00 34 Moneys received by the office of the state public defender 35 -12- LSB 5005HV (1) 89 as/tm 12/ 22
H.F. 2559 pursuant to Tit. IV-E of the federal Social Security Act 1 remaining unencumbered and unobligated at the end of the fiscal 2 year shall not revert, but shall be transferred to the Tit. 3 IV-E juvenile justice improvement fund to remain available for 4 expenditures by the office of the state public defender in 5 succeeding fiscal years for the purposes allowed by Tit. IV-E 6 of the federal Social Security Act. 7 2. For payments on behalf of eligible adults and juveniles 8 from the indigent defense fund, in accordance with section 9 815.11: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 42,760,374 11 Moneys received by the office of the state public defender 12 pursuant to Tit. IV-E of the federal Social Security Act 13 remaining unencumbered and unobligated at the end of the fiscal 14 year shall not revert, but shall be transferred to the Tit. 15 IV-E juvenile justice improvement fund to remain available for 16 expenditures by the office of the state public defender in 17 succeeding fiscal years for the purposes allowed by Tit. IV-E 18 of the federal Social Security Act. 19 3. TITLE IV-E JUVENILE JUSTICE IMPROVEMENT FUND —— OFFICE 20 OF THE STATE PUBLIC DEFENDER. A Tit. IV-E juvenile justice 21 improvement fund is created in the state treasury. The fund 22 shall consist of moneys received by the office of the state 23 public defender pursuant to Tit. IV-E of the federal Social 24 Security Act that remain unencumbered and unobligated at 25 the end of a fiscal year. Moneys deposited in the fund are 26 appropriated to and shall be administered by the office of the 27 state public defender and shall be available for expenditure by 28 the office of the state public defender in succeeding fiscal 29 years for the purposes allowed by Tit. IV-E of the federal 30 Social Security Act. 31 Sec. 12. 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, 2022, and ending June 30, 2023, the 34 following amount, or so much thereof as is necessary, to be 35 -13- LSB 5005HV (1) 89 as/tm 13/ 22
H.F. 2559 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,309,622 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.53 6 Sec. 13. 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, 2022, and ending June 30, 2023, 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,018,538 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. 14. 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, 2022, and ending June 28 30, 2023, 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,289,453 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 26.41 35 -14- LSB 5005HV (1) 89 as/tm 14/ 22
H.F. 2559 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. 15. 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, 2022, and ending 10 June 30, 2023, the following amounts, or so much thereof as is 11 necessary, to be used for the purposes designated: 12 1. For administrative functions, including salaries and the 13 adjustment of salaries throughout the department, the criminal 14 justice information system, and for not more than the following 15 full-time equivalent positions: 16 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,952,249 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 45.00 18 2. For the division of criminal investigation, including 19 the state’s contribution to the peace officers’ retirement, 20 accident, and disability system provided in chapter 97A in the 21 amount of the state’s normal contribution rate, as defined in 22 section 97A.8, multiplied by the salaries for which the moneys 23 are appropriated, to meet federal fund matching requirements, 24 and for not more than the following full-time equivalent 25 positions: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 19,732,130 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 180.00 28 3. For the criminalistics laboratory fund created in 29 section 691.9: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 650,000 31 Notwithstanding section 8.33, moneys appropriated in this 32 subsection that remain unencumbered or unobligated at the close 33 of the fiscal year shall not revert but shall remain available 34 for expenditure for the purposes designated until the close of 35 -15- LSB 5005HV (1) 89 as/tm 15/ 22
H.F. 2559 the succeeding fiscal year. 1 4. a. For the division of narcotics enforcement, including 2 the state’s contribution to the peace officers’ retirement, 3 accident, and disability system provided in chapter 97A in the 4 amount of the state’s normal contribution rate, as defined in 5 section 97A.8, multiplied by the salaries for which the moneys 6 are appropriated, to meet federal fund matching requirements, 7 and for not more than the following full-time equivalent 8 positions: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,622,414 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 67.00 11 The division of narcotics enforcement is authorized an 12 additional 1.00 full-time equivalent position pursuant to 13 this lettered paragraph that is in excess of the number of 14 full-time equivalent positions authorized for the previous 15 fiscal year only if the division of narcotics enforcement 16 receives sufficient federal moneys to maintain employment 17 for the additional full-time equivalent positions during the 18 current fiscal year. The division of narcotics enforcement 19 shall only employ the additional full-time equivalent positions 20 in succeeding fiscal years if sufficient federal moneys are 21 received during each of those succeeding fiscal years. 22 b. For the division of narcotics enforcement for undercover 23 purchases: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 209,042 25 5. For the division of state fire marshal, for fire 26 protection services as provided through the state fire service 27 and emergency response council as created in the department, 28 and for the state’s contribution to the peace officers’ 29 retirement, accident, and disability system provided in chapter 30 97A in the amount of the state’s normal contribution rate, 31 as defined in section 97A.8, multiplied by the salaries for 32 which the moneys are appropriated, and for not more than the 33 following full-time equivalent positions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,608,320 35 -16- LSB 5005HV (1) 89 as/tm 16/ 22
H.F. 2559 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 49.00 1 6. For the division of state patrol, for salaries, support, 2 maintenance, workers’ compensation costs, and miscellaneous 3 purposes, including the state’s contribution to the peace 4 officers’ retirement, accident, and disability system provided 5 in chapter 97A in the amount of the state’s normal contribution 6 rate, as defined in section 97A.8, multiplied by the salaries 7 for which the moneys are appropriated, and for not more than 8 the following full-time equivalent positions: 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 71,480,416 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 506.00 11 It is the intent of the general assembly that members of the 12 state patrol be assigned to patrol the highways and roads in 13 lieu of assignments for inspecting school buses for the school 14 districts. 15 7. For deposit in the sick leave benefits fund established 16 in section 80.42 for all departmental employees eligible to 17 receive benefits for accrued sick leave under the collective 18 bargaining agreement: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 279,517 20 8. For costs associated with the training and equipment 21 needs of volunteer fire fighters: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,025,520 23 Notwithstanding section 8.33, moneys appropriated in this 24 subsection that remain unencumbered or unobligated at the 25 close of the fiscal year shall not revert but shall remain 26 available for expenditure only for the purpose designated in 27 this subsection until the close of the succeeding fiscal year. 28 9. For the public safety interoperable and broadband 29 communications fund established in section 80.44: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 115,661 31 10. For the office to combat human trafficking established 32 pursuant to section 80.45, including salaries, support, 33 maintenance, and miscellaneous purposes, and for not more than 34 the following full-time equivalent positions: 35 -17- LSB 5005HV (1) 89 as/tm 17/ 22
H.F. 2559 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 200,941 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 2 11. For costs associated with the training and equipment 3 needs of volunteer fire fighters: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 5 12. For deposit in the public safety equipment fund 6 established in section 80.48 for the purchase, maintenance, and 7 replacement of equipment used by the department: 8 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,500,000 9 Notwithstanding section 8.39, the department of public 10 safety may reallocate moneys appropriated in this section 11 as necessary to best fulfill the needs provided for in the 12 appropriation. However, the department shall not reallocate 13 moneys appropriated to the department in this section unless 14 notice of the reallocation is given to the legislative services 15 agency and the department of management prior to the effective 16 date of the reallocation. The notice shall include information 17 regarding the rationale for reallocating the moneys. The 18 department shall not reallocate moneys appropriated in this 19 section for the purpose of eliminating any program. 20 Sec. 16. GAMING ENFORCEMENT. 21 1. There is appropriated from the gaming enforcement 22 revolving fund created in section 80.43 to the department of 23 public safety for the fiscal year beginning July 1, 2022, and 24 ending June 30, 2023, the following amount, or so much thereof 25 as is necessary, to be used for the purposes designated: 26 For any direct support costs for agents and officers of 27 the division of criminal investigation’s excursion gambling 28 boat, gambling structure, and racetrack enclosure enforcement 29 activities, including salaries, support, maintenance, and 30 miscellaneous purposes, and for not more than the following 31 full-time equivalent positions: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 10,556,268 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 65.00 34 2. For each additional license to conduct gambling games on 35 -18- LSB 5005HV (1) 89 as/tm 18/ 22
H.F. 2559 an excursion gambling boat, gambling structure, or racetrack 1 enclosure issued during the fiscal year beginning July 1, 2022, 2 there is appropriated from the gaming enforcement fund to the 3 department of public safety for the fiscal year beginning July 4 1, 2022, and ending June 30, 2023, an additional amount of 5 not more than $300,000 to be used for full-time equivalent 6 positions. 7 3. The department of public safety, with the approval of the 8 department of management, may employ no more than three special 9 agents for each additional riverboat or gambling structure 10 regulated after July 1, 2023, and three special agents for 11 each racing facility which becomes operational during the 12 fiscal year which begins July 1, 2023. Positions authorized 13 in this subsection are in addition to the full-time equivalent 14 positions otherwise authorized in this section. 15 Sec. 17. CIVIL RIGHTS COMMISSION. 16 1. There is appropriated from the general fund of the state 17 to the Iowa state civil rights commission for the fiscal year 18 beginning July 1, 2022, and ending June 30, 2023, the following 19 amount, or so much thereof as is necessary, to be used for the 20 purposes designated: 21 For salaries, support, maintenance, and miscellaneous 22 purposes, and for not more than the following full-time 23 equivalent positions: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,344,002 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 27.00 26 2. The Iowa state civil rights commission may enter into 27 a contract with a nonprofit organization to provide legal 28 assistance to resolve civil rights complaints. 29 Sec. 18. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION. 30 1. There is appropriated from the general fund of the state 31 to the criminal and juvenile justice planning division of the 32 department of human rights for the fiscal year beginning July 33 1, 2022, and ending June 30, 2023, the following amount or 34 so much thereof as is necessary, to be used for the purposes 35 -19- LSB 5005HV (1) 89 as/tm 19/ 22
H.F. 2559 designated: 1 a. For salaries, support, maintenance, and miscellaneous 2 purposes, and for not more than the following full-time 3 equivalent positions: 4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,343,136 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 8.89 6 b. (1) For a single grant to a program located in a city 7 with a higher than average juvenile crime rate as determined 8 by the criminal and juvenile justice planning division and 9 a population greater than 80,000 as determined by the 2010 10 federal decennial census, which may be used for studying, 11 planning, programming, and capital, that is committed to 12 deterring juvenile delinquency through early intervention in 13 the criminal justice system by providing a comprehensive, 14 multifaceted delivery of social services and which shall meet 15 the guiding principles and standards for assessment centers set 16 forth by the national assessment center association: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 140,000 18 (2) The program shall use no more than 5 percent of the 19 grant for administrative costs. 20 (3) A city shall not receive a grant under this paragraph, 21 or a similar grant from the state of Iowa, for more than 22 two consecutive fiscal years unless no other city meets the 23 requirements specified in subparagraph (1). 24 2. The justice advisory board and the juvenile justice 25 advisory council shall coordinate their efforts in carrying out 26 their respective duties relative to juvenile justice. 27 Sec. 19. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 28 MANAGEMENT. There is appropriated from the 911 emergency 29 communications fund created in section 34A.7A to the department 30 of homeland security and emergency management for the fiscal 31 year beginning July 1, 2022, and ending June 30, 2023, the 32 following amount, or so much thereof as is necessary, to be 33 used for the purposes designated: 34 For implementation, support, and maintenance of the 35 -20- LSB 5005HV (1) 89 as/tm 20/ 22
H.F. 2559 functions of the administrator and program manager under 1 chapter 34A and to employ the auditor of the state to perform 2 an annual audit of the 911 emergency communications fund: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 4 Sec. 20. CONSUMER EDUCATION AND LITIGATION —— FARM 5 MEDIATION AND PROSECUTIONS, APPEALS, AND CLAIMS. 6 Notwithstanding section 714.16C , there is appropriated from the 7 consumer education and litigation fund to the department of 8 justice for the fiscal year beginning July 1, 2022, and ending 9 June 30, 2023, the following amounts, or so much thereof as is 10 necessary, to be used for the purposes designated: 11 1. For farm mediation services as specified in section 12 13.13, subsection 2 : 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300,000 14 2. For salaries, support, maintenance, and miscellaneous 15 purposes for criminal prosecutions, criminal appeals, and 16 performing duties pursuant to chapter 669 : 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 18 DIVISION II 19 INDIGENT DEFENSE 20 Sec. 21. Section 815.7, Code 2022, is amended by adding the 21 following new subsection: 22 NEW SUBSECTION . 6A. For appointments made on or after July 23 1, 2022, the reasonable compensation shall be calculated on the 24 basis of seventy-nine dollars per hour for class “A” felonies, 25 seventy-four dollars per hour for class “B” felonies, and 26 sixty-nine dollars per hour for all other cases. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill relates to and makes appropriations to the justice 31 system. The bill is organized by divisions. 32 FY 2022-2023 APPROPRIATIONS. The bill makes appropriations 33 from the general fund of the state for FY 2022-2023 to the 34 departments of justice, corrections, public defense, public 35 -21- LSB 5005HV (1) 89 as/tm 21/ 22
H.F. 2559 safety, and homeland security and emergency management, and 1 the Iowa law enforcement academy, office of the state public 2 defender, board of parole, Iowa state civil rights commission, 3 and the criminal and juvenile justice planning division of the 4 department of human rights. 5 The bill appropriates moneys from the department of commerce 6 revolving fund for FY 2022-2023 to the office of consumer 7 advocate of the department of justice. 8 The bill appropriates moneys from the gaming enforcement 9 revolving fund for FY 2022-2023 to the department of public 10 safety. 11 The bill appropriates moneys from the 911 emergency 12 communications fund for FY 2022-2023 to the department of 13 homeland security and emergency management. 14 The bill appropriates moneys from the consumer education and 15 litigation fund for FY 2022-2023 to the department of justice 16 for farm mediation services and salaries, support, maintenance, 17 and miscellaneous purposes for criminal prosecutions, criminal 18 appeals, and performing certain duties. 19 INDIGENT DEFENSE. The bill increases the hourly rates for 20 court-appointed counsel by $3 per hour and provides that for 21 appointments made on or after July 1, 2022, the reasonable 22 compensation shall be calculated on the basis of $79 per hour 23 for class “A” felonies, $74 per hour for class “B” felonies, 24 and $69 per hour for all other cases. 25 -22- LSB 5005HV (1) 89 as/tm 22/ 22