SF 2252 (LSB 5019SV (3) 83)

SENATE FILE 2252

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO SSB 3156)

(As Amended and Passed by the Senate 2010-02-25)

A BILL FOR

An Act relating to the criminal and juvenile justice planning advisory council, establishing a public safety advisory board, and providing for implementation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 216A.131, Code 2009, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  “Board” means the public safety advisory board.
    Sec. 2.  Section 216A.133, subsection 1, Code 2009, is amended to read as follows:
   1.  Identify issues and analyze the operation and impact of present criminal and juvenile justice policy and make recommendations for policy changes, including recommendations pertaining to efforts to curtail criminal gang activity.
    Sec. 3.  Section 216A.133, Code 2009, is amended by adding the following new subsections:
   NEW SUBSECTION.  8.  Determine members of the public safety advisory board pursuant to section 216A.133A.
   NEW SUBSECTION.  9.  Coordinate with the administrator to develop and make recommendations to the department director pursuant to section 216A.2.
   NEW SUBSECTION.  10.  Serve as a liaison between the general public and the division.
   NEW SUBSECTION.  11.  Establish advisory committees to study special issues.
    Sec. 4.  NEW SECTION.  216A.133A  Public safety advisory board —— duties.
   1.  A public safety advisory board is established whose membership shall be determined by the criminal and juvenile justice planning advisory council and shall consist of current members of the council. Any actions taken by the board shall be considered separate and distinct from the council.
   2.  The purpose of the board is to provide the general assembly with an analysis of current and proposed criminal code provisions.
   3.  The duties of the board shall consist of the following:
   a.  Reviewing and making recommendations relating to current sentencing provisions. In reviewing such provisions the board shall consider the impact on all of the following:
   (1)  Potential disparity in sentencing.
   (2)  Truth in sentencing.
   (3)  Victims.
   (4)  The proportionality of specific sentences.
   (5)  Sentencing procedures.
   (6)  Costs associated with the implementation of criminal code provisions, including costs to the judicial branch, department of corrections, and judicial district departments of correctional services, costs for representing indigent defendants, and costs incurred by political subdivisions of the state.
   (7)  Best practices related to the department of corrections including recidivism rates, safety and efficient use of correctional staff, and compliance with correctional standards set by the federal government and other jurisdictions.
   (8)  Best practices related to the Iowa child death review team established in section 135.43 and the Iowa domestic abuse death review team established in section 135.109.
   b.  Reviewing and making recommendations relating to proposed legislation, in accordance with paragraph “a”, as set by rule by the general assembly or as requested by the executive or judicial branch proposing such legislation.
   c.  Providing expertise and advice to the legislative services agency, the department of corrections, the judicial branch, and others charged with formulating fiscal, correctional, or minority impact statements.
   d.  Reviewing data supplied by the division, the department of management, the legislative services agency, the Iowa supreme court, and other departments or agencies for the purpose of determining the effectiveness and efficiency of the collection of such data.
   4.  The board may call upon any department, agency, or office of the state, or any political subdivision of the state, for information or assistance as needed in the performance of its duties. The information or assistance shall be furnished to the extent that it is within the resources and authority of the department, agency, office, or political subdivision. This section does not require the production or opening of any records which are required by law to be kept private or confidential.
   5.  The board shall report to the legislative government oversight committee all sources of funding by December 1 of each year.
   6.  Membership on the board shall be bipartisan as provided in section 69.16 and gender balanced as provided in section 69.16A.
   7.  Meetings of the board shall be open to the public as provided in chapter 21.
   8.  Members of the board shall receive reimbursement from the state for actual and necessary expenses incurred in the performance of their official duties. Members may also be eligible to receive compensation as provided in section 7E.6.
    Sec. 5.  Section 216A.135, unnumbered paragraph 1, Code 2009, is amended to read as follows:
   Beginning in 1989, and every five years thereafter, the division shall develop a twenty-year criminal and juvenile justice plan for the state which shall include ten-year, fifteen-year, and twenty-year goals and a comprehensive five-year plan for criminal and juvenile justice programs. The five-year plan shall be updated annually and each twenty-year plan and annual updates of the five-year plan shall be submitted to the governor and the general assembly by February December 1.
    Sec. 6.  IMPLEMENTATION —— FUNDING.  The section of this Act amending section 216A.133 by expanding the duties of the criminal and juvenile justice planning advisory council and the section of this Act creating new section 216A.133A, establishing the public safety advisory board shall not be implemented until sufficient funding has been appropriated to implement the expanded duties of the council and the establishment of the board.