House File 861 - Introduced HOUSE FILE 861 BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO LSB 1005YA) 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 1005HV (1) 89 as/tm
H.F. 861 DIVISION I 1 FY 2021-2022 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, 2021, and ending June 30, 2022, 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 10 salaries, support, maintenance, and miscellaneous purposes, 11 including the prosecuting attorneys training program, matching 12 funds for federal violence against women grant programs, 13 victim assistance grants, the office of drug control policy 14 prosecuting attorney program, and odometer fraud enforcement, 15 and for not more than the following full-time equivalent 16 positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,371,768 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 215.00 19 As a condition of receiving the appropriation provided 20 in this lettered paragraph, the department of justice shall 21 maintain a record of the estimated time incurred representing 22 each agency or department. 23 The general office of attorney general may temporarily 24 exceed and draw more than the amount appropriated in this 25 lettered paragraph and incur a negative cash balance as long 26 as there are receivables equal to or greater than the negative 27 balances and the amount appropriated in this lettered paragraph 28 is not exceeded at the close of the fiscal year. 29 b. For victim assistance grants: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,016,708 31 The moneys appropriated in this lettered paragraph shall be 32 used to provide grants to care providers providing services to 33 crime victims of domestic abuse or to crime victims of rape and 34 sexual assault. 35 -1- LSB 1005HV (1) 89 as/tm 1/ 23
H.F. 861 The balance of the victim compensation fund established 1 in section 915.94 may be used to provide salary and support 2 of not more than 24.00 full-time equivalent positions and to 3 provide maintenance for the victim compensation functions 4 of the department of justice. In addition to the full-time 5 equivalent positions authorized pursuant to this paragraph, 6 5.00 full-time equivalent positions are authorized and shall 7 be used by the department of justice to employ one accountant 8 and four program planners. The department of justice may 9 employ the additional 5.00 full-time equivalent positions 10 authorized pursuant to this paragraph that are in excess of the 11 number of full-time equivalent positions authorized only if 12 the department of justice receives sufficient federal moneys 13 to maintain employment for the additional full-time equivalent 14 positions during the current fiscal year. The department 15 of justice shall only employ the additional 5.00 full-time 16 equivalent positions in succeeding fiscal years if sufficient 17 federal moneys are received during each of those succeeding 18 fiscal years. 19 The department of justice shall transfer at least $150,000 20 from the victim compensation fund established in section 915.94 21 to the victim assistance grant program established in section 22 13.31. 23 Notwithstanding section 8.33, moneys appropriated in this 24 lettered paragraph that remain unencumbered or unobligated at 25 the close of the fiscal year shall not revert but shall remain 26 available for expenditure for the purposes designated until the 27 close of the succeeding fiscal year. 28 c. For legal services for persons in poverty grants as 29 provided in section 13.34: 30 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,634,601 31 2. a. The department of justice, in submitting budget 32 estimates for the fiscal year beginning July 1, 2022, pursuant 33 to section 8.23, shall include a report of funding from sources 34 other than amounts appropriated directly from the general fund 35 -2- LSB 1005HV (1) 89 as/tm 2/ 23
H.F. 861 of the state to the department of justice or to the office of 1 consumer advocate. These funding sources shall include but 2 are not limited to reimbursements from other state agencies, 3 commissions, boards, or similar entities, and reimbursements 4 from special funds or internal accounts within the department 5 of justice. The department of justice shall also report actual 6 reimbursements for the fiscal year beginning July 1, 2020, 7 and actual and expected reimbursements for the fiscal year 8 beginning July 1, 2021. 9 b. The department of justice shall include the report 10 required under paragraph “a”, as well as information regarding 11 any revisions occurring as a result of reimbursements actually 12 received or expected at a later date, in a report to the 13 general assembly. The department of justice shall submit the 14 report on or before January 15, 2022. 15 3. a. The department of justice shall fully reimburse 16 the costs and necessary related expenses incurred by the Iowa 17 law enforcement academy to continue to employ one additional 18 instructor position who shall provide training for human 19 trafficking-related issues throughout the state. 20 b. The department of justice shall obtain the moneys 21 necessary to reimburse the Iowa law enforcement academy to 22 employ such an instructor from unrestricted moneys from either 23 the victim compensation fund established in section 915.94, the 24 human trafficking victim fund established in section 915.95, or 25 the human trafficking enforcement fund established in 2015 Iowa 26 Acts, chapter 138, section 141. 27 Sec. 2. OFFICE OF CONSUMER ADVOCATE. There is appropriated 28 from the department of commerce revolving fund created in 29 section 546.12 to the office of consumer advocate of the 30 department of justice for the fiscal year beginning July 1, 31 2021, and ending June 30, 2022, the following amount, or so 32 much thereof as is necessary, to be used for the purposes 33 designated: 34 For salaries, support, maintenance, and miscellaneous 35 -3- LSB 1005HV (1) 89 as/tm 3/ 23
H.F. 861 purposes, and for not more than the following full-time 1 equivalent positions: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 3,137,588 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 22.00 4 Sec. 3. DEPARTMENT OF CORRECTIONS —— FACILITIES. 5 1. There is appropriated from the general fund of the state 6 to the department of corrections for the fiscal year beginning 7 July 1, 2021, and ending June 30, 2022, the following amounts, 8 or so much thereof as is necessary, to be used for the purposes 9 designated: 10 a. For the operation of the Fort Madison correctional 11 facility, including salaries, support, maintenance, and 12 miscellaneous purposes: 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 43,874,586 14 b. For the operation of the Anamosa correctional facility, 15 including salaries, support, maintenance, and miscellaneous 16 purposes: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 34,674,762 18 c. For the operation of the Oakdale correctional facility, 19 including salaries, support, maintenance, and miscellaneous 20 purposes: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 65,504,081 22 d. For the operation of the Newton correctional facility, 23 including salaries, support, maintenance, and miscellaneous 24 purposes: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 30,336,583 26 e. For the operation of the Mount Pleasant correctional 27 facility, including salaries, support, maintenance, and 28 miscellaneous purposes: 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 27,512,550 30 f. For the operation of the Rockwell City correctional 31 facility, including salaries, support, maintenance, and 32 miscellaneous purposes: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,198,997 34 g. For the operation of the Clarinda correctional facility, 35 -4- LSB 1005HV (1) 89 as/tm 4/ 23
H.F. 861 including salaries, support, maintenance, and miscellaneous 1 purposes: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 26,494,779 3 Moneys received by the department of corrections as 4 reimbursement for services provided to the Clarinda youth 5 corporation are appropriated to the department and shall be 6 used for the purpose of operating the Clarinda correctional 7 facility. 8 h. For the operation of the Mitchellville correctional 9 facility, including salaries, support, maintenance, and 10 miscellaneous purposes: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 24,793,038 12 i. For the operation of the Fort Dodge correctional 13 facility, including salaries, support, maintenance, and 14 miscellaneous purposes: 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 31,863,351 16 j. For reimbursement of counties for temporary confinement 17 of prisoners, as provided in sections 901.7, 904.908, and 18 906.17, and for offenders confined pursuant to section 904.513: 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,082,635 20 k. For federal prison reimbursement, reimbursements for 21 out-of-state placements, and miscellaneous contracts: 22 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 234,411 23 2. The department of corrections shall use moneys 24 appropriated in subsection 1 to continue to contract for the 25 services of a Muslim imam and a Native American spiritual 26 leader. 27 Sec. 4. DEPARTMENT OF CORRECTIONS —— ADMINISTRATION. 28 There is appropriated from the general fund of the state to the 29 department of corrections for the fiscal year beginning July 30 1, 2021, and ending June 30, 2022, the following amounts, or 31 so much thereof as is necessary, to be used for the purposes 32 designated: 33 1. For general administration, including salaries and the 34 adjustment of salaries throughout the department, support, 35 -5- LSB 1005HV (1) 89 as/tm 5/ 23
H.F. 861 maintenance, employment of an education director to administer 1 a centralized education program for the correctional system, 2 and miscellaneous purposes: 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,681,661 4 a. It is the intent of the general assembly that each 5 lease negotiated by the department of corrections with a 6 private corporation for the purpose of providing private 7 industry employment of inmates in a correctional institution 8 shall prohibit the private corporation from utilizing inmate 9 labor for partisan political purposes for any person seeking 10 election to public office in this state and that a violation 11 of this requirement shall result in a termination of the lease 12 agreement. 13 b. It is the intent of the general assembly that as a 14 condition of receiving the appropriation provided in this 15 subsection the department of corrections shall not enter into 16 a lease or contractual agreement pursuant to section 904.809 17 with a private corporation for the use of building space for 18 the purpose of providing inmate employment without providing 19 that the terms of the lease or contract establish safeguards to 20 restrict, to the greatest extent feasible, access by inmates 21 working for the private corporation to personal identifying 22 information of citizens. 23 2. For educational programs for inmates at state penal 24 institutions: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,608,109 26 a. To maximize the funding for educational programs, 27 the department shall establish guidelines and procedures to 28 prioritize the availability of educational and vocational 29 training for inmates based upon the goal of facilitating an 30 inmate’s successful release from the correctional institution. 31 b. The director of the department of corrections may 32 transfer moneys from Iowa prison industries and the canteen 33 operating funds established pursuant to section 904.310, for 34 use in educational programs for inmates. 35 -6- LSB 1005HV (1) 89 as/tm 6/ 23
H.F. 861 c. Notwithstanding section 8.33, moneys appropriated in 1 this subsection that remain unencumbered or unobligated at the 2 close of the fiscal year shall not revert but shall remain 3 available to be used only for the purposes designated in this 4 subsection until the close of the succeeding fiscal year. 5 3. For the development and operation of the Iowa corrections 6 offender network (ICON) data system: 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 8 4. For offender mental health and substance abuse 9 treatment: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 28,065 11 Sec. 5. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 12 SERVICES. 13 1. There is appropriated from the general fund of the state 14 to the department of corrections for the fiscal year beginning 15 July 1, 2021, and ending June 30, 2022, for salaries, support, 16 maintenance, and miscellaneous purposes, the following amounts, 17 or so much thereof as is necessary, to be used for the purposes 18 designated: 19 a. For the first judicial district department of 20 correctional services: 21 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 16,040,331 22 It is the intent of the general assembly that the first 23 judicial district department of correctional services maintains 24 the drug courts operated by the district department. 25 b. For the second judicial district department of 26 correctional services: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 12,388,902 28 It is the intent of the general assembly that the second 29 judicial district department of correctional services maintains 30 two drug courts to be operated by the district department. 31 c. For the third judicial district department of 32 correctional services: 33 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 7,802,557 34 d. For the fourth judicial district department of 35 -7- LSB 1005HV (1) 89 as/tm 7/ 23
H.F. 861 correctional services: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,125,378 2 e. For the fifth judicial district department of 3 correctional services, including funding for electronic 4 monitoring devices for use on a statewide basis: 5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 23,250,182 6 It is the intent of the general assembly that the fifth 7 judicial district department of correctional services maintains 8 the drug court operated by the district department. 9 f. For the sixth judicial district department of 10 correctional services: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 15,957,947 12 It is the intent of the general assembly that the sixth 13 judicial district department of correctional services maintains 14 the drug court operated by the district department. 15 g. For the seventh judicial district department of 16 correctional services: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,503,757 18 It is the intent of the general assembly that the seventh 19 judicial district department of correctional services maintains 20 the drug court operated by the district department. 21 h. For the eighth judicial district department of 22 correctional services: 23 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 9,073,261 24 2. There is appropriated from the general fund of the state 25 to the department of corrections for the fiscal year beginning 26 July 1, 2021, and ending June 30, 2022, the following amount, 27 or so much thereof as is necessary, to be used for the purposes 28 designated: 29 For statewide judicial assistance, support, and pilot 30 projects for judicial district departments of correctional 31 services: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 663,219 33 3. Each judicial district department of correctional 34 services, within the moneys available, shall continue programs 35 -8- LSB 1005HV (1) 89 as/tm 8/ 23
H.F. 861 and plans established within that district to provide for 1 intensive supervision, sex offender treatment, diversion of 2 low-risk offenders to the least restrictive sanction available, 3 job development, and expanded use of intermediate criminal 4 sanctions. 5 4. Each judicial district department of correctional 6 services shall provide alternatives to prison consistent with 7 chapter 901B. The alternatives to prison shall ensure public 8 safety while providing maximum rehabilitation to the offender. 9 A judicial district department of correctional services may 10 also establish a day program. 11 5. The governor’s office of drug control policy shall 12 consider federal grants made to the department of corrections 13 for the benefit of each of the eight judicial district 14 departments of correctional services as local government 15 grants, as defined pursuant to federal regulations. 16 6. The department of corrections shall continue to contract 17 with a judicial district department of correctional services to 18 provide for the rental of electronic monitoring equipment which 19 shall be available statewide. 20 7. The public safety assessment shall not be utilized 21 in pretrial hearings when determining whether to detain or 22 release a defendant before trial, and the use of the public 23 safety assessment pilot program shall be terminated as of the 24 effective date of this subsection, until such time the use of 25 the public safety assessment has been specifically authorized 26 by the general assembly. 27 Sec. 6. DEPARTMENT OF CORRECTIONS —— REALLOCATION OF 28 APPROPRIATIONS. Notwithstanding section 8.39, within 29 the moneys appropriated in this Act to the department of 30 corrections, the department may reallocate the moneys 31 appropriated and allocated as necessary to best fulfill the 32 needs of the correctional institutions, administration of 33 the department, and the judicial district departments of 34 correctional services. However, in addition to complying with 35 -9- LSB 1005HV (1) 89 as/tm 9/ 23
H.F. 861 the requirements of sections 904.116 and 905.8 and providing 1 notice to the legislative services agency, the department 2 of corrections shall also provide notice to the department 3 of management, prior to the effective date of the revision 4 or reallocation of an appropriation made pursuant to this 5 section. The department of corrections shall not reallocate an 6 appropriation or allocation for the purpose of eliminating any 7 program. 8 Sec. 7. INTENT —— REPORTS. 9 1. The department of corrections, in cooperation with 10 townships, the Iowa cemetery associations, and other nonprofit 11 or governmental entities, may use inmate labor during the 12 fiscal year beginning July 1, 2021, to restore or preserve 13 rural cemeteries and historical landmarks. The department, in 14 cooperation with the counties, may also use inmate labor to 15 clean up roads, major water sources, and other water sources 16 around the state. 17 2. On a quarterly basis, the department shall provide 18 a status report regarding private-sector employment to the 19 general assembly beginning on July 1, 2021. The report shall 20 include the number of offenders employed in the private sector, 21 the combined number of hours worked by the offenders, the 22 total amount of allowances, and the distribution of allowances 23 pursuant to section 904.702, including any moneys deposited in 24 the general fund of the state. 25 Sec. 8. ELECTRONIC MONITORING REPORT. The department of 26 corrections shall submit a report on electronic monitoring 27 to the general assembly by January 15, 2022. The report 28 shall specifically address the number of persons being 29 electronically monitored and break down the number of persons 30 being electronically monitored by offense committed. The 31 report shall also include a comparison of any data from the 32 prior fiscal year with the current fiscal year. 33 Sec. 9. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 34 1. As used in this section, unless the context otherwise 35 -10- LSB 1005HV (1) 89 as/tm 10/ 23
H.F. 861 requires, “state agency” means the government of the state 1 of Iowa, including but not limited to all executive branch 2 departments, agencies, boards, bureaus, and commissions, the 3 judicial branch, the general assembly and all legislative 4 agencies, institutions within the purview of the state board of 5 regents, and any corporation whose primary function is to act 6 as an instrumentality of the state. 7 2. State agencies are encouraged to purchase products from 8 Iowa state industries, as defined in section 904.802, when 9 purchases are required and the products are available from 10 Iowa state industries. State agencies shall obtain bids from 11 Iowa state industries for purchases of office furniture during 12 the fiscal year beginning July 1, 2021, exceeding $5,000 or 13 in accordance with applicable administrative rules related to 14 purchases for the agency. 15 Sec. 10. IOWA LAW ENFORCEMENT ACADEMY. 16 1. There is appropriated from the general fund of the 17 state to the Iowa law enforcement academy for the fiscal year 18 beginning July 1, 2021, and ending June 30, 2022, the following 19 amount, or so much thereof as is necessary, to be used for the 20 purposes designated: 21 a. For salaries, support, maintenance, and miscellaneous 22 purposes, including jailer training and technical assistance, 23 and for not more than the following full-time equivalent 24 positions: 25 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,222,768 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 30.25 27 b. The Iowa law enforcement academy may temporarily exceed 28 and draw more than the amount appropriated in this subsection 29 and incur a negative cash balance as long as there are 30 receivables equal to or greater than the negative balance and 31 the amount appropriated in this subsection is not exceeded at 32 the close of the fiscal year. 33 2. The Iowa law enforcement academy may select at least 34 five automobiles of the department of public safety, division 35 -11- LSB 1005HV (1) 89 as/tm 11/ 23
H.F. 861 of state patrol, prior to turning over the automobiles to 1 the department of administrative services to be disposed 2 of by public auction, and the Iowa law enforcement academy 3 may exchange any automobile owned by the academy for each 4 automobile selected if the selected automobile is used in 5 training law enforcement officers at the academy. However, any 6 automobile exchanged by the academy shall be substituted for 7 the selected vehicle of the department of public safety and 8 sold by public auction with the receipts being deposited in the 9 depreciation fund maintained pursuant to section 8A.365 to the 10 credit of the department of public safety, division of state 11 patrol. 12 3. The Iowa law enforcement academy shall provide training 13 for domestic abuse and human trafficking-related issues 14 throughout the state. The training shall be offered at no 15 cost to the attendees and the training shall not replace any 16 existing domestic abuse or human trafficking training offered 17 by the academy. 18 Sec. 11. STATE PUBLIC DEFENDER. There is appropriated from 19 the general fund of the state to the office of the state public 20 defender of the department of inspections and appeals for the 21 fiscal year beginning July 1, 2021, and ending June 30, 2022, 22 the following amounts, or so much thereof as is necessary, to 23 be used for the purposes designated: 24 1. For salaries, support, maintenance, and miscellaneous 25 purposes, and for not more than the following full-time 26 equivalent positions: 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 29,531,882 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 233.00 29 2. For payments on behalf of eligible adults and juveniles 30 from the indigent defense fund, in accordance with section 31 815.11: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 41,228,448 33 Sec. 12. BOARD OF PAROLE. There is appropriated from the 34 general fund of the state to the board of parole for the fiscal 35 -12- LSB 1005HV (1) 89 as/tm 12/ 23
H.F. 861 year beginning July 1, 2021, and ending June 30, 2022, the 1 following amount, or so much thereof as is necessary, to be 2 used for the purposes designated: 3 For salaries, support, maintenance, and miscellaneous 4 purposes, and for not more than the following full-time 5 equivalent positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,287,865 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 10.53 8 Sec. 13. DEPARTMENT OF PUBLIC DEFENSE. 9 1. There is appropriated from the general fund of the 10 state to the department of public defense, for the fiscal year 11 beginning July 1, 2021, and ending June 30, 2022, the following 12 amounts, or so much thereof as is necessary, to be used for the 13 purposes designated: 14 For salaries, support, maintenance, and miscellaneous 15 purposes, and for not more than the following full-time 16 equivalent positions: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 6,928,040 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 254.00 19 2. The department of public defense may temporarily exceed 20 and draw more than the amount appropriated in this section and 21 incur a negative cash balance as long as there are receivables 22 of federal funds equal to or greater than the negative balance 23 and the amount appropriated in this section is not exceeded at 24 the close of the fiscal year. 25 Sec. 14. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 26 MANAGEMENT. 27 1. There is appropriated from the general fund of the state 28 to the department of homeland security and emergency management 29 for the fiscal year beginning July 1, 2021, and ending June 30 30, 2022, the following amounts, or so much thereof as is 31 necessary, to be used for the purposes designated: 32 For salaries, support, maintenance, and miscellaneous 33 purposes, and for not more than the following full-time 34 equivalent positions: 35 -13- LSB 1005HV (1) 89 as/tm 13/ 23
H.F. 861 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,291,540 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 30.00 2 2. The department of homeland security and emergency 3 management may temporarily exceed and draw more than the amount 4 appropriated in this section and incur a negative cash balance 5 as long as there are receivables of federal funds equal to or 6 greater than the negative balance and the amount appropriated 7 in this section is not exceeded at the close of the fiscal 8 year. 9 Sec. 15. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 10 from the general fund of the state to the department of public 11 safety for the fiscal year beginning July 1, 2021, and ending 12 June 30, 2022, the following amounts, or so much thereof as is 13 necessary, to be used for the purposes designated: 14 1. For administrative functions, including salaries and the 15 adjustment of salaries throughout the department, the criminal 16 justice information system, and for not more than the following 17 full-time equivalent positions: 18 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,833,065 19 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 43.00 20 2. For the division of criminal investigation, including 21 the state’s contribution to the peace officers’ retirement, 22 accident, and disability system provided in chapter 97A in the 23 amount of the state’s normal contribution rate, as defined in 24 section 97A.8, multiplied by the salaries for which the moneys 25 are appropriated, to meet federal fund matching requirements, 26 and for not more than the following full-time equivalent 27 positions: 28 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 18,216,868 29 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 173.00 30 3. For the criminalistics laboratory fund created in 31 section 691.9: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 650,000 33 Notwithstanding section 8.33, moneys appropriated in this 34 subsection that remain unencumbered or unobligated at the close 35 -14- LSB 1005HV (1) 89 as/tm 14/ 23
H.F. 861 of the fiscal year shall not revert but shall remain available 1 for expenditure for the purposes designated until the close of 2 the succeeding fiscal year. 3 4. a. For the division of narcotics enforcement, including 4 the state’s contribution to the peace officers’ retirement, 5 accident, and disability system provided in chapter 97A in the 6 amount of the state’s normal contribution rate, as defined in 7 section 97A.8, multiplied by the salaries for which the moneys 8 are appropriated, to meet federal fund matching requirements, 9 and for not more than the following full-time equivalent 10 positions: 11 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 8,428,156 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 67.00 13 The division of narcotics enforcement is authorized an 14 additional 1.00 full-time equivalent position pursuant to 15 this lettered paragraph that is in excess of the number of 16 full-time equivalent positions authorized for the previous 17 fiscal year only if the division of narcotics enforcement 18 receives sufficient federal moneys to maintain employment 19 for the additional full-time equivalent position during the 20 current fiscal year. The division of narcotics enforcement 21 shall only employ the additional full-time equivalent position 22 in succeeding fiscal years if sufficient federal moneys are 23 received during each of those succeeding fiscal years. 24 b. For the division of narcotics enforcement for undercover 25 purchases: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 209,042 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 1005HV (1) 89 as/tm 15/ 23
H.F. 861 following full-time equivalent positions: 1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 5,460,291 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 49.00 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 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 69,432,433 12 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 506.00 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 in 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 Notwithstanding section 8.33, moneys appropriated in this 26 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 9. For the public safety interoperable and broadband 31 communications fund established in section 80.44: 32 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 115,661 33 10. For the office to combat human trafficking established 34 pursuant to section 80.45, including salaries, support, 35 -16- LSB 1005HV (1) 89 as/tm 16/ 23
H.F. 861 maintenance, miscellaneous purposes, and for not more than the 1 following full-time equivalent positions: 2 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 197,325 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 4 11. For costs associated with the training and equipment 5 needs of volunteer fire fighters: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 50,000 7 12. For deposit in the public safety equipment fund 8 established in section 80.48 for the purchase, maintenance, and 9 replacement of equipment used by the department: 10 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,500,000 11 Notwithstanding section 8.39, the department of public 12 safety may reallocate moneys appropriated in this section 13 as necessary to best fulfill the needs provided for in the 14 appropriation. However, the department shall not reallocate 15 moneys appropriated to the department in this section unless 16 notice of the reallocation is given to the legislative services 17 agency and the department of management prior to the effective 18 date of the reallocation. The notice shall include information 19 regarding the rationale for reallocating the moneys. The 20 department shall not reallocate moneys appropriated in this 21 section for the purpose of eliminating any program. 22 Sec. 16. GAMING ENFORCEMENT. 23 1. There is appropriated from the gaming enforcement 24 revolving fund created in section 80.43 to the department of 25 public safety for the fiscal year beginning July 1, 2021, and 26 ending June 30, 2022, the following amount, or so much thereof 27 as is necessary, to be used for the purposes designated: 28 For any direct support costs for agents and officers of 29 the division of criminal investigation’s excursion gambling 30 boat, gambling structure, and racetrack enclosure enforcement 31 activities, including salaries, support, maintenance, and 32 miscellaneous purposes, and for not more than the following 33 full-time equivalent positions: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 11,311,731 35 -17- LSB 1005HV (1) 89 as/tm 17/ 23
H.F. 861 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 73.00 1 2. For each additional license to conduct gambling games on 2 an excursion gambling boat, gambling structure, or racetrack 3 enclosure issued during the fiscal year beginning July 1, 2021, 4 there is appropriated from the gaming enforcement fund to the 5 department of public safety for the fiscal year beginning July 6 1, 2021, and ending June 30, 2022, an additional amount of 7 not more than $300,000 to be used for full-time equivalent 8 positions. 9 3. The department of public safety, with the approval of the 10 department of management, may employ no more than three special 11 agents for each additional riverboat or gambling structure 12 regulated after July 1, 2022, and three special agents for 13 each racing facility which becomes operational during the 14 fiscal year which begins July 1, 2022. Positions authorized 15 in this subsection are in addition to the full-time equivalent 16 positions otherwise authorized in this section. 17 Sec. 17. CIVIL RIGHTS COMMISSION. 18 1. There is appropriated from the general fund of the state 19 to the Iowa state civil rights commission for the fiscal year 20 beginning July 1, 2021, and ending June 30, 2022, the following 21 amount, or so much thereof as is necessary, to be used for the 22 purposes designated: 23 For salaries, support, maintenance, and miscellaneous 24 purposes, and for not more than the following full-time 25 equivalent positions: 26 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,320,899 27 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 27.00 28 2. The Iowa state civil rights commission may enter into 29 a contract with a nonprofit organization to provide legal 30 assistance to resolve civil rights complaints. 31 Sec. 18. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION. 32 1. There is appropriated from the general fund of the state 33 to the criminal and juvenile justice planning division of the 34 department of human rights for the fiscal year beginning July 35 -18- LSB 1005HV (1) 89 as/tm 18/ 23
H.F. 861 1, 2021, and ending June 30, 2022, the following amount or 1 so much thereof as is necessary, to be used for the purposes 2 designated: 3 a. For salaries, support, maintenance, and miscellaneous 4 purposes, and for not more than the following full-time 5 equivalent positions: 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 1,290,499 7 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 8.82 8 b. (1) For a single grant to a program located in a city 9 with a higher than average juvenile crime rate as determined 10 by the criminal and juvenile justice planning division and 11 a population greater than 80,000 as determined by the 2010 12 federal decennial census, which may be used for studying, 13 planning, programming, and capital, that is committed to 14 deterring juvenile delinquency through early intervention in 15 the criminal justice system by providing a comprehensive, 16 multifaceted delivery of social services: 17 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 140,000 18 (2) The program shall use no more than 5 percent of the 19 grant for administrative costs. 20 2. The justice advisory board and the juvenile justice 21 advisory council shall coordinate their efforts in carrying out 22 their respective duties relative to juvenile justice. 23 Sec. 19. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 24 MANAGEMENT. There is appropriated from the 911 emergency 25 communications fund created in section 34A.7A to the department 26 of homeland security and emergency management for the fiscal 27 year beginning July 1, 2021, and ending June 30, 2022, the 28 following amount, or so much thereof as is necessary, to be 29 used for the purposes designated: 30 For implementation, support, and maintenance of the 31 functions of the administrator and program manager under 32 chapter 34A and to employ the auditor of the state to perform 33 an annual audit of the 911 emergency communications fund: 34 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 250,000 35 -19- LSB 1005HV (1) 89 as/tm 19/ 23
H.F. 861 Sec. 20. CONSUMER EDUCATION AND LITIGATION —— FARM 1 MEDIATION AND PROSECUTIONS, APPEALS, AND CLAIMS. 2 Notwithstanding section 714.16C , there is appropriated from the 3 consumer education and litigation fund to the department of 4 justice for the fiscal year beginning July 1, 2021, and ending 5 June 30, 2022, the following amounts, or so much thereof as is 6 necessary, to be used for the purposes designated: 7 a. For farm mediation services as specified in section 8 13.13, subsection 2 : 9 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 300,000 10 b. For salaries, support, maintenance, and miscellaneous 11 purposes for criminal prosecutions, criminal appeals, and 12 performing duties pursuant to chapter 669 : 13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 2,000,000 14 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . FTEs 2.00 15 DIVISION II 16 MISCELLANEOUS APPROPRIATIONS 17 Sec. 21. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 18 MANAGEMENT —— APPROPRIATION. There is appropriated from 19 the general fund of the state to the department of homeland 20 security and emergency management for the fiscal year beginning 21 July 1, 2021, and ending June 30, 2022, the following amount, 22 or so much thereof as is necessary, to be used to conduct a 23 governance and funding of levee districts study: 24 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $ 400,000 25 DIVISION III 26 ATTORNEY GENERAL 27 Sec. 22. Section 85.67, Code 2021, is amended to read as 28 follows: 29 85.67 Administration of fund —— special counsel —— payment of 30 award. 31 The attorney general shall appoint a staff member 32 to represent the treasurer of state and the fund in all 33 proceedings and matters arising under this subchapter. The 34 attorney general shall be reimbursed up to two hundred fifteen 35 -20- LSB 1005HV (1) 89 as/tm 20/ 23
H.F. 861 four hundred fifty thousand dollars annually from the fund 1 for services provided related to the fund. The commissioner 2 of insurance shall consider the reimbursement to the attorney 3 general as an outstanding liability when making a determination 4 of funding availability under section 85.65A, subsection 5 2 . In making an award under this subchapter, the workers’ 6 compensation commissioner shall specifically find the amount 7 the injured employee shall be paid weekly, the number of weeks 8 of compensation which shall be paid by the employer, the date 9 upon which payments out of the fund shall begin, and, if 10 possible, the length of time the payments shall continue. 11 Sec. 23. 2014 Iowa Acts, chapter 1138, section 21, as 12 amended by 2016 Iowa Acts, chapter 1137, section 18, 2017 Iowa 13 Acts, chapter 167, section 24, and 2019 Iowa Acts, chapter 163, 14 section 26, is amended to read as follows: 15 SEC. 21. CONSUMER EDUCATION AND LITIGATION 16 FUND. Notwithstanding section 714.16C , for each fiscal 17 year of the period beginning July 1, 2014, and ending June 18 30, 2021 2023 , the annual appropriations in section 714.16C , 19 are increased from $1,125,000 to $1,875,000, and $75,000 to 20 $125,000 respectively. 21 DIVISION IV 22 INDIGENT DEFENSE 23 Sec. 24. Section 815.7, Code 2021, is amended by adding the 24 following new subsection: 25 NEW SUBSECTION . 5A. For appointments made on or after 26 July 1, 2021, the reasonable compensation shall be calculated 27 on the basis of seventy-six dollars per hour for class “A” 28 felonies, seventy-one dollars per hour for class “B” felonies, 29 and sixty-six dollars per hour for all other cases. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill relates to and makes appropriations to the justice 34 system. 35 -21- LSB 1005HV (1) 89 as/tm 21/ 23
H.F. 861 The bill makes appropriations from the general fund of 1 the state for FY 2021-2022 to the departments of justice, 2 corrections, public defense, public safety, and homeland 3 security and emergency management, and the Iowa law enforcement 4 academy, office of the state public defender, board of parole, 5 Iowa state civil rights commission, and the criminal and 6 juvenile justice planning division of the department of human 7 rights. 8 The bill appropriates moneys from the department of commerce 9 revolving fund for FY 2021-2022 to the office of consumer 10 advocate of the department of justice. 11 The bill appropriates moneys from the gaming enforcement 12 revolving fund for FY 2021-2022 to the department of public 13 safety. 14 The bill appropriates moneys from the 911 emergency 15 communications fund for FY 2021-2022 to the department of 16 homeland security and emergency management. 17 The bill appropriates moneys from the consumer education and 18 litigation fund for FY 2021-2022 to the department of justice 19 for farm mediation services and salaries, support, maintenance, 20 and miscellaneous purposes for criminal prosecutions, criminal 21 appeals, and performing certain duties. 22 MISCELLANEOUS APPROPRIATIONS. The bill appropriates 23 moneys to the department of homeland security and emergency 24 management for the fiscal year 2021-2022 to be used to conduct 25 a governance and funding of levee districts study. 26 ATTORNEY GENERAL. The attorney general shall appoint a 27 staff member to represent the treasurer of state and the 28 workers’ compensation fund in all proceedings and matters 29 arising under the second injury compensation Act. The bill 30 provides that the attorney general shall be reimbursed up to 31 $450,000 annually from the fund for services provided related 32 to the fund. 33 CONSUMER EDUCATION AND LITIGATION FUND. The bill provides 34 that notwithstanding Code section 714.16C, for each fiscal 35 -22- LSB 1005HV (1) 89 as/tm 22/ 23
H.F. 861 year of the period beginning July 1, 2014, and ending June 1 30, 2023, the annual appropriations in Code section 714.16C, 2 are increased from $1,125,000 to $1,875,000, and $75,000 to 3 $125,000, respectively. 4 INDIGENT DEFENSE. The bill increases the hourly rates for 5 court-appointed counsel by $3 per hour and provides that for 6 appointments made on or after July 1, 2021, the reasonable 7 compensation shall be calculated on the basis of $76 per hour 8 for class “A” felonies, $71 per hour for class “B” felonies, 9 and $66 per hour for all other cases. 10 -23- LSB 1005HV (1) 89 as/tm 23/ 23