Senate File 2252 - Reprinted SENATE FILE 2252 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3156) (As Amended and Passed by the Senate February 25, 2010 ) A BILL FOR An Act relating to the criminal and juvenile justice planning 1 advisory council, establishing a public safety advisory 2 board, and providing for implementation. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 SF 2252 (3) 83 jm/nh/jh

S.F. 2252 Section 1. Section 216A.131, Code 2009, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 1A. “Board” means the public safety 3 advisory board. 4 Sec. 2. Section 216A.133, subsection 1, Code 2009, is 5 amended to read as follows: 6 1. Identify issues and analyze the operation and impact 7 of present criminal and juvenile justice policy and make 8 recommendations for policy changes , including recommendations 9 pertaining to efforts to curtail criminal gang activity . 10 Sec. 3. Section 216A.133, Code 2009, is amended by adding 11 the following new subsections: 12 NEW SUBSECTION . 8. Determine members of the public safety 13 advisory board pursuant to section 216A.133A. 14 NEW SUBSECTION . 9. Coordinate with the administrator to 15 develop and make recommendations to the department director 16 pursuant to section 216A.2. 17 NEW SUBSECTION . 10. Serve as a liaison between the general 18 public and the division. 19 NEW SUBSECTION . 11. Establish advisory committees to study 20 special issues. 21 Sec. 4. NEW SECTION . 216A.133A Public safety advisory 22 board —— duties. 23 1. A public safety advisory board is established whose 24 membership shall be determined by the criminal and juvenile 25 justice planning advisory council and shall consist of current 26 members of the council. Any actions taken by the board shall 27 be considered separate and distinct from the council. 28 2. The purpose of the board is to provide the general 29 assembly with an analysis of current and proposed criminal code 30 provisions. 31 3. The duties of the board shall consist of the following: 32 a. Reviewing and making recommendations relating to current 33 sentencing provisions. In reviewing such provisions the board 34 shall consider the impact on all of the following: 35 -1- SF 2252 (3) 83 jm/nh/jh 1/ 4

S.F. 2252 (1) Potential disparity in sentencing. 1 (2) Truth in sentencing. 2 (3) Victims. 3 (4) The proportionality of specific sentences. 4 (5) Sentencing procedures. 5 (6) Costs associated with the implementation of criminal 6 code provisions, including costs to the judicial branch, 7 department of corrections, and judicial district departments 8 of correctional services, costs for representing indigent 9 defendants, and costs incurred by political subdivisions of the 10 state. 11 (7) Best practices related to the department of corrections 12 including recidivism rates, safety and efficient use of 13 correctional staff, and compliance with correctional standards 14 set by the federal government and other jurisdictions. 15 (8) Best practices related to the Iowa child death review 16 team established in section 135.43 and the Iowa domestic abuse 17 death review team established in section 135.109. 18 b. Reviewing and making recommendations relating to proposed 19 legislation, in accordance with paragraph “a” , as set by rule 20 by the general assembly or as requested by the executive or 21 judicial branch proposing such legislation. 22 c. Providing expertise and advice to the legislative 23 services agency, the department of corrections, the 24 judicial branch, and others charged with formulating fiscal, 25 correctional, or minority impact statements. 26 d. Reviewing data supplied by the division, the department 27 of management, the legislative services agency, the Iowa 28 supreme court, and other departments or agencies for the 29 purpose of determining the effectiveness and efficiency of the 30 collection of such data. 31 4. The board may call upon any department, agency, or office 32 of the state, or any political subdivision of the state, for 33 information or assistance as needed in the performance of its 34 duties. The information or assistance shall be furnished to 35 -2- SF 2252 (3) 83 jm/nh/jh 2/ 4

S.F. 2252 the extent that it is within the resources and authority of 1 the department, agency, office, or political subdivision. 2 This section does not require the production or opening of 3 any records which are required by law to be kept private or 4 confidential. 5 5. The board shall report to the legislative government 6 oversight committee all sources of funding by December 1 of 7 each year. 8 6. Membership on the board shall be bipartisan as provided 9 in section 69.16 and gender balanced as provided in section 10 69.16A. 11 7. Meetings of the board shall be open to the public as 12 provided in chapter 21. 13 8. Members of the board shall receive reimbursement from 14 the state for actual and necessary expenses incurred in the 15 performance of their official duties. Members may also be 16 eligible to receive compensation as provided in section 7E.6. 17 Sec. 5. Section 216A.135, unnumbered paragraph 1, Code 18 2009, is amended to read as follows: 19 Beginning in 1989, and every five years thereafter, the 20 division shall develop a twenty-year criminal and juvenile 21 justice plan for the state which shall include ten-year, 22 fifteen-year, and twenty-year goals and a comprehensive 23 five-year plan for criminal and juvenile justice programs. 24 The five-year plan shall be updated annually and each 25 twenty-year plan and annual updates of the five-year plan 26 shall be submitted to the governor and the general assembly by 27 February December 1. 28 Sec. 6. IMPLEMENTATION —— FUNDING. The section of this 29 Act amending section 216A.133 by expanding the duties of 30 the criminal and juvenile justice planning advisory council 31 and the section of this Act creating new section 216A.133A, 32 establishing the public safety advisory board shall not be 33 implemented until sufficient funding has been appropriated 34 to implement the expanded duties of the council and the 35 -3- SF 2252 (3) 83 jm/nh/jh 3/ 4