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House Study Bill 139 - IntroducedA Bill ForAn Act 1relating to certain boards and councils in the
2department of human rights including the establishment
3of the justice advisory board and the elimination of the
4criminal and juvenile justice planning advisory council, the
5public safety advisory board, and the sex offender research
6council.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 216A.3, subsection 2, paragraph a, Code
22019, is amended to read as follows:
3a. The voting members shall consist of nine voting members
4selected by each of the permanent commissions within the
5department, and two voting members, appointed by the governor.
6For purposes of this paragraph “a”, “permanent commissions”
7means the commission of Latino affairs, commission on the
8status of women, commission of persons with disabilities,
9commission on community action agencies, commission of deaf
10services, criminal and juvenile justice planning advisory
11council justice advisory board, commission on the status of
12African Americans, commission of Asian and Pacific Islander
13affairs, and commission of Native American affairs. The term
14of office for voting members is four years.
15 Sec. 2. Section 216A.131, Code 2019, is amended to read as
16follows:
17216A.131 Definitions.
18For the purpose of this subchapter, unless the context
19otherwise requires:
201. “Administrator” means the administrator of the division
21of criminal and juvenile justice planning.
222. “Board” means the public safety advisory board justice
23advisory board.
243. “Council” means the criminal and juvenile justice
25planning advisory council. “Department” means the department of
26human rights.
274. “Division” means the division of criminal and juvenile
28justice planning.
29 Sec. 3. Section 216A.131A, Code 2019, is amended to read as
30follows:
31216A.131A Division of criminal and juvenile justice planning.
32The division of criminal and juvenile justice planning is
33established to fulfill the responsibilities of this subchapter,
34including the duties specified in sections 216A.135, 216A.136,
35216A.137, 216A.138, and 216A.139 216A.140.
-1-1 Sec. 4. Section 216A.132, Code 2019, is amended by striking
2the section and inserting in lieu thereof the following:
3216A.132 Board established — terms — compensation.
41. A justice advisory board is established consisting of
5twenty-eight members who shall all reside in the state.
6a. The governor shall appoint nine voting members each for
7a four-year term beginning and ending as provided in section
869.19 and subject to confirmation by the senate as follows:
9(1) Three persons, each of whom is a county supervisor,
10county sheriff, mayor, nonsupervisory police officer, or a
11chief of police of a department with fewer than eleven police
12officers.
13(2) Two persons who are knowledgeable about Iowa’s juvenile
14justice system.
15(3) One person representing the general public, who is
16not employed in any law enforcement, judicial, or corrections
17capacity.
18(4) One person who is either a crime victim, or who
19represents a crime victim organization.
20(5) One person who represents a recognized civil rights
21organization that advocates for minorities.
22(6) One person who was formerly under juvenile court
23or correctional supervision, or a representative of an
24organization that advocates for individuals who have been under
25juvenile court or correctional supervision.
26b. Additional voting members of the board, each serving a
27four-year term, shall include one representative from each of
28the following:
29(1) The Iowa coalition against domestic violence.
30(2) The American civil liberties union of Iowa.
31(3) The Iowa county attorneys association.
32(4) The department of human services.
33(5) The department of corrections.
34(6) A judicial district department of correctional
35services.
-2- 1(7) The department of public safety.
2(8) The office on the status of African Americans.
3(9) The department of public health.
4(10) The board of parole.
5(11) The department of justice.
6(12) The state public defender.
7(13) The governor’s office of drug control policy.
8c. The chief justice of the supreme court shall designate
9one member who is a district judge and one member who is either
10a district associate judge or associate juvenile judge. The
11members appointed pursuant to this paragraph shall serve as ex
12officio, nonvoting members for four-year terms beginning and
13ending as provided in section 69.19, unless the member ceases
14to serve as a judge.
15d. The chairperson and ranking member of the senate
16committee on judiciary shall be ex officio, nonvoting members.
17In alternating two-year terms, beginning and ending as provided
18in section 69.16B, the chairperson and ranking member of the
19house committee on judiciary or of the house committee on
20public safety shall be ex officio, nonvoting members, with the
21chairperson and ranking member of the house committee on public
22safety serving during the term beginning in January 2020.
232. Vacancies shall be filled by the original appointing
24authority in the manner of the original appointments.
253. Members of the board shall receive reimbursement from
26the state for actual and necessary expenses incurred in the
27performance of their official duties and may also be eligible
28to receive compensation as provided in section 7E.6. All
29expense moneys paid to nonlegislative members shall be paid
30from funds appropriated to the division. Legislative members
31shall receive compensation as provided in sections 2.10 and
322.12.
334. Members of the board shall appoint a chairperson and vice
34chairperson and other officers as the board deems necessary. A
35majority of the voting members currently appointed to the board
-3-1shall constitute a quorum. A quorum shall be required for the
2conduct of business of the board and the affirmative vote of a
3majority of the currently appointed members is necessary for
4any substantive action taken by the board. A member shall not
5vote on any action if the member has a conflict of interest
6on the matter, and a statement by the member of a conflict of
7interest shall be conclusive for this purpose.
85. Membership on the board shall be bipartisan as provided
9in section 69.16 and gender balanced as provided in section
1069.16A.
116. Meetings of the board shall be open to the public as
12provided in chapter 21.
137. The board may call upon any department, agency, or office
14of the state, or any political subdivision of the state, for
15information or assistance as needed in the performance of its
16duties. The information or assistance shall be furnished to
17the extent that it is within the resources and authority of
18the department, agency, office, or political subdivision.
19This section does not require the production or opening of
20any records which are required by law to be kept private or
21confidential.
22 Sec. 5. Section 216A.133, Code 2019, is amended by striking
23the section and inserting in lieu thereof the following:
24216A.133 Purpose and duties.
251. The purpose of the board shall be all of the following:
26a. Develop short-term and long-term goals to improve the
27criminal and juvenile justice systems.
28b. Identify and analyze justice system issues.
29c. Develop and assist others in implementing recommendations
30and plans for justice system improvement.
31d. Provide the general assembly with an analysis of current
32and proposed criminal code provisions.
33e. Provide for a clearinghouse of justice system information
34to coordinate with data resource agencies and assist others in
35the use of justice system data.
-4- 12. The board shall advise the division on its administration
2of state and federal grants and appropriations and shall carry
3out other functions consistent with this subchapter.
43. The duties of the board shall consist of the following:
5a. Identifying issues and analyzing the operation and impact
6of present criminal and juvenile justice policy and making
7recommendations for policy changes.
8b. Coordinating with data resource agencies to provide
9data and analytical information to federal, state, and local
10governments, and assisting agencies in the use of criminal and
11juvenile justice data.
12c. Reporting criminal justice system needs to the governor,
13the general assembly, and other decision makers to improve the
14criminal justice system.
15d. Reporting juvenile justice system needs to the governor,
16the general assembly, and other decision makers to address
17issues specifically affecting the juvenile justice system,
18including evidence-based programs for group foster care
19placements and the state training school, diversion, and
20community-based services for juvenile offenders.
21e. Providing technical assistance upon request to state and
22local agencies.
23f. Administering federal funds and funds appropriated
24by the state or that are otherwise available in compliance
25with applicable laws, regulations, and other requirements for
26purposes of study, research, investigation, planning, and
27implementation in the areas of criminal and juvenile justice.
28g. Making grants to cities, counties, and other entities
29pursuant to applicable law.
30h. Maintaining an Iowa correctional policy project as
31provided in section 216A.137.
32i. Providing input to the department director in the
33development of budget recommendations for the division.
34j. Coordinating with the administrator to develop and make
35recommendations to the department director pursuant to section
-5-1216A.2.
2k. Serving as a liaison between the division and the public,
3sharing information and gathering constituency input.
4l. Recommending to the board the adoption of rules pursuant
5to chapter 17A as it deems necessary for the board and
6division.
7m. Recommending legislative and executive action to the
8governor and general assembly.
9n. Establishing advisory committees, work groups, or other
10coalitions as appropriate.
11o. Providing the general assembly with an analysis and
12recommendations of current criminal code provisions and
13proposed legislation which include but are not limited to all
14of the following:
15(1) Potential disparity in sentencing.
16(2) Truth in sentencing.
17(3) Victims.
18(4) The proportionality of specific sentences.
19(5) Sentencing procedures.
20(6) Costs associated with the implementation of criminal
21code provisions, including costs to the judicial branch,
22department of corrections, and judicial district departments
23of correctional services, costs for representing indigent
24defendants, and costs incurred by political subdivisions of the
25state.
26(7) Best practices related to the department of corrections
27including recidivism rates, safety and the efficient use of
28correctional staff, and compliance with correctional standards
29set by the federal government and other jurisdictions.
30(8) Best practices related to the Iowa child death review
31team established in section 135.43 and the Iowa domestic abuse
32death review team established in section 135.109.
33p. Studying and making recommendations for treating and
34supervising adult and juvenile sex offenders in institutions,
35community-based programs, and in the community, in areas which
-6-1include but are not limited to all of the following:
2(1) The effectiveness of electronically monitoring sex
3offenders.
4(2) The cost and effectiveness of special sentences
5pursuant to chapter 903B.
6(3) Risk assessment models created for sex offenders.
7(4) Determining the best treatment programs available for
8sex offenders and the efforts of Iowa and other states to
9implement treatment programs.
10(5) The efforts of Iowa and other states to prevent sex
11abuse-related crimes including child sex abuse.
12(6) Any other related issues the board deems necessary,
13including but not limited to computer and internet sex-related
14crimes, sex offender case management, best practices for sex
15offender supervision, the sex offender registry, and the
16effectiveness of safety zones.
17q. Providing expertise and advice to the legislative
18services agency, the department of corrections, the
19judicial branch, and others charged with formulating fiscal,
20correctional, or minority impact statements.
21r. Reviewing data supplied by the division, the department
22of management, the legislative services agency, the Iowa
23supreme court, and other departments or agencies for the
24purpose of determining the effectiveness and efficiency of the
25collection of such data.
264. The board shall submit reports, in accordance with
27section 216A.135, to the governor and general assembly
28regarding actions taken, issues studied, and board
29recommendations.
30 Sec. 6. Section 216A.135, Code 2019, is amended by striking
31the section and inserting in lieu thereof the following:
32216A.135 Plan and report.
331. The board shall submit a three-year criminal and juvenile
34justice plan for the state, beginning December 1, 2020, and
35every three years thereafter, by December 1. The three-year
-7-1plan shall be updated annually. Each three-year plan and
2annual updates of the three-year plan shall be submitted to the
3governor and the general assembly by December 1.
42. The three-year plan and annual updates shall include but
5are not limited to the following:
6a. Short-term and long-term goals for the criminal and
7juvenile justice systems.
8b. The identification of issues and studies on the effective
9treatment and supervision of adult and juvenile sex offenders
10in institutions, community-based programs, and the community.
11c. Analysis and recommendations of current criminal code
12provisions.
13d. The effectiveness and efficiencies of current criminal
14and juvenile justice policies, practices, and services.
15e. Collection of criminal and juvenile justice data.
16f. Recommendations to improve the criminal and juvenile
17justice systems.
18 Sec. 7. Section 216A.137, Code 2019, is amended to read as
19follows:
20216A.137 Correctional policy project.
21The division shall maintain an Iowa correctional policy
22project for the purpose of conducting analyses of major
23correctional issues affecting the criminal and juvenile justice
24system. The council board shall identify and prioritize the
25issues and studies to be addressed by the division through
26this project and shall report project plans and findings
27annually along with the report required in section 216A.135.
28Issues and studies to be considered by the council board shall
29include, but are not limited to a review of the information
30systems available to assess corrections trends and program
31effectiveness, the development of an evaluation plan for
32assessing the impact of corrections expenditures, and a study
33of the desirability and feasibility of changing the state’s
34sentencing practices, a public opinion survey to assess the
35public’s view of possible changes in current corrections
-8-1practices, and the development of parole guidelines which
2includes a prison population forecast.
3The division may form subcommittees for the purpose of
4addressing major correctional issues affecting the criminal
5and juvenile justice system. The division shall establish
6a subcommittee to address issues specifically affecting the
7juvenile justice system.
8 Sec. 8. REPEAL. Sections 216A.133A and 216A.139, Code 2019,
9are repealed.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill relates to certain boards and councils under the
14department of human rights including the establishment of the
15justice advisory board and the elimination of the criminal and
16juvenile justice planning advisory council, the public safety
17advisory board, and the sex offender research council.
18The bill eliminates the criminal and juvenile justice
19planning advisory council, the public safety advisory board,
20and the sex offender research council and establishes the
21justice advisory board to consist of 28 members (22 voting
22members and 6 ex officio nonvoting members) all residing within
23the state of Iowa. The justice advisory board will assume many
24of the responsibilities, duties, and objectives of the three
25entities eliminated in the bill. Nine voting members shall
26be appointed by the governor, subject to confirmation by the
27senate, for a four-year term. Other voting members of the
28board serving four-year terms shall include representatives
29from the Iowa coalition against domestic violence; the American
30civil liberties union of Iowa; the Iowa county attorneys
31association; the departments of human services, corrections,
32public safety, public health, and justice; a judicial district
33department of correctional services; the office of the status
34of African Americans; the board of parole; the state public
35defender; and the governor’s office of drug control policy.
-9-1The chief justice of the supreme court shall designate a
2district judge and a district associate judge or associate
3juvenile judge to serve as ex officio, nonvoting members of
4the board for four-year terms, unless the member ceases to
5serve as a judge. The chairperson and ranking member of the
6senate committee on judiciary shall be ex officio, nonvoting
7members. In alternating two-year terms, the chairperson and
8ranking member of the house committee on judiciary or of the
9house committee on public safety shall be ex officio, nonvoting
10members.
11The bill provides that the purpose of the justice advisory
12board is to: develop short-term and long-term goals to
13improve the criminal and juvenile justice systems; identify and
14analyze justice system issues; develop and assist others in
15implementing recommendations and plans for system improvement;
16provide the general assembly with an analysis of current
17and proposed criminal code provisions; and provide for a
18clearinghouse of justice system information to coordinate
19with data resource agencies and assist others in the use of
20justice system data. The board shall advise the division of
21criminal and juvenile justice planning of the department of
22human rights (division) on its administration of state and
23federal grants and appropriations and shall carry out other
24functions consistent with the subchapter, which includes the
25responsibilities and duties of the division.
26The duties of the justice advisory board include identifying
27issues and analyzing the operation and impact of present
28criminal and juvenile justice policy and making recommendations
29for policy changes; coordinating with data resource agencies
30to provide data and analytical information to federal, state,
31and local governments, and assisting agencies in the use of
32criminal and juvenile justice data; reporting criminal justice
33and juvenile justice system needs to the governor, the general
34assembly, and other decision makers to improve the criminal
35justice system; providing technical assistance upon request
-10-1to state and local agencies; administering federal funds
2and funds appropriated by the state or that are otherwise
3available for purposes of study, research, investigation,
4planning, and implementation in the areas of criminal and
5juvenile justice; making grants to cities, counties, and
6other entities pursuant to applicable law; maintaining an
7Iowa correctional policy; providing input to the director of
8the department of human services in the development of budget
9recommendations; recommending rules pursuant to Code chapter
1017A as necessary for the board and division; recommending
11legislative and executive action to the governor and general
12assembly; establishing advisory committees, work groups, or
13other coalitions as appropriate; providing the general assembly
14with an analysis and recommendations of current criminal code
15provisions and proposed legislation; studying and making
16recommendations for treating and supervising adult and juvenile
17sex offenders in institutions, community-based programs,
18and in the community; providing expertise and advice to the
19legislative services agency, the department of corrections, the
20judicial branch, and others charged with formulating fiscal,
21correctional, or minority impact statements; and reviewing data
22supplied by the division, the department of management, the
23legislative services agency, the Iowa supreme court, and other
24departments.
25The bill provides that the justice advisory board shall
26submit a three-year criminal and juvenile justice plan for
27the state, beginning December 1, 2020, and every three years
28thereafter, by December 1. The three-year plan shall be
29updated annually. The three-year plan and annual updates shall
30include short-term and long-term goals for the criminal and
31juvenile justice systems; the identification of issues and
32studies on the effective treatment and supervision of adult
33and juvenile sex offenders in institutions, community-based
34programs, and in the community; analysis and recommendations
35of current criminal code provisions; the effectiveness and
-11-1efficiencies of current criminal and juvenile justice policies,
2practices, and services; the collection of criminal and
3juvenile justice data; and recommendations to improve the
4criminal and juvenile justice systems.
5The bill provides that the justice advisory board shall
6identify and prioritize the issues and studies to be
7addressed by the division. The division will maintain an Iowa
8correctional policy project for the purpose of conducting
9analyses of major correctional issues affecting the criminal
10and juvenile justice system. Issues and studies to be
11considered by the justice advisory board include a review of
12the information systems available to assess corrections trends
13and program effectiveness, the development of an evaluation
14plan for assessing the impact of corrections expenditures,
15and a study of the desirability and feasibility of changing
16the state’s sentencing practices, which includes a prison
17population forecast.
18The bill provides that a member of the justice advisory board
19shall be a voting member of the human rights board replacing
20the member representative from the criminal law and juvenile
21justice planning and advisory council.
22The bill adds the duties specified in Code section 216A.140,
23concerning the Iowa collaboration for youth development
24council and the state of Iowa youth advisory council, to the
25responsibilities of the division of criminal and juvenile
26justice planning. Those duties shall include but are not
27limited to all of the following: to study, explore, and plan
28for the best approach to structure and formalize the functions
29and activities of the youth development council to meet its
30purpose, and make formal recommendations for improvement to
31the governor and general assembly; to review indicator data
32and identify barriers to youth success and develop strategies
33to address the barriers; to coordinate across agencies the
34state policy priorities for youth; to strengthen partnerships
35with the nonprofit and private sectors to gather input,
-12-1build consensus, and maximize the use of existing resources
2and leverage new resources to improve the lives of youth
3and their families; to oversee the activities of the youth
4advisory council; to seek input from and engage the youth
5advisory council in the development of more effective policies,
6practices, and programs to improve the lives and futures of
7youth; and to report annually by February 1 to the governor and
8general assembly.
9The bill repeals Code sections 216A.133A (duties of the
10public safety advisory board) and 216A.139 (sex offender
11research council), and makes conforming Code changes.
-13-as/rh
2department of human rights including the establishment
3of the justice advisory board and the elimination of the
4criminal and juvenile justice planning advisory council, the
5public safety advisory board, and the sex offender research
6council.
7BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 216A.3, subsection 2, paragraph a, Code
22019, is amended to read as follows:
3a. The voting members shall consist of nine voting members
4selected by each of the permanent commissions within the
5department, and two voting members, appointed by the governor.
6For purposes of this paragraph “a”, “permanent commissions”
7means the commission of Latino affairs, commission on the
8status of women, commission of persons with disabilities,
9commission on community action agencies, commission of deaf
10services, criminal and juvenile justice planning advisory
11council justice advisory board, commission on the status of
12African Americans, commission of Asian and Pacific Islander
13affairs, and commission of Native American affairs. The term
14of office for voting members is four years.
15 Sec. 2. Section 216A.131, Code 2019, is amended to read as
16follows:
17216A.131 Definitions.
18For the purpose of this subchapter, unless the context
19otherwise requires:
201. “Administrator” means the administrator of the division
21of criminal and juvenile justice planning.
222. “Board” means the public safety advisory board justice
23advisory board.
243. “Council” means the criminal and juvenile justice
25planning advisory council. “Department” means the department of
26human rights.
274. “Division” means the division of criminal and juvenile
28justice planning.
29 Sec. 3. Section 216A.131A, Code 2019, is amended to read as
30follows:
31216A.131A Division of criminal and juvenile justice planning.
32The division of criminal and juvenile justice planning is
33established to fulfill the responsibilities of this subchapter,
34including the duties specified in sections 216A.135, 216A.136,
35216A.137, 216A.138, and 216A.139 216A.140.
-1-1 Sec. 4. Section 216A.132, Code 2019, is amended by striking
2the section and inserting in lieu thereof the following:
3216A.132 Board established — terms — compensation.
41. A justice advisory board is established consisting of
5twenty-eight members who shall all reside in the state.
6a. The governor shall appoint nine voting members each for
7a four-year term beginning and ending as provided in section
869.19 and subject to confirmation by the senate as follows:
9(1) Three persons, each of whom is a county supervisor,
10county sheriff, mayor, nonsupervisory police officer, or a
11chief of police of a department with fewer than eleven police
12officers.
13(2) Two persons who are knowledgeable about Iowa’s juvenile
14justice system.
15(3) One person representing the general public, who is
16not employed in any law enforcement, judicial, or corrections
17capacity.
18(4) One person who is either a crime victim, or who
19represents a crime victim organization.
20(5) One person who represents a recognized civil rights
21organization that advocates for minorities.
22(6) One person who was formerly under juvenile court
23or correctional supervision, or a representative of an
24organization that advocates for individuals who have been under
25juvenile court or correctional supervision.
26b. Additional voting members of the board, each serving a
27four-year term, shall include one representative from each of
28the following:
29(1) The Iowa coalition against domestic violence.
30(2) The American civil liberties union of Iowa.
31(3) The Iowa county attorneys association.
32(4) The department of human services.
33(5) The department of corrections.
34(6) A judicial district department of correctional
35services.
-2- 1(7) The department of public safety.
2(8) The office on the status of African Americans.
3(9) The department of public health.
4(10) The board of parole.
5(11) The department of justice.
6(12) The state public defender.
7(13) The governor’s office of drug control policy.
8c. The chief justice of the supreme court shall designate
9one member who is a district judge and one member who is either
10a district associate judge or associate juvenile judge. The
11members appointed pursuant to this paragraph shall serve as ex
12officio, nonvoting members for four-year terms beginning and
13ending as provided in section 69.19, unless the member ceases
14to serve as a judge.
15d. The chairperson and ranking member of the senate
16committee on judiciary shall be ex officio, nonvoting members.
17In alternating two-year terms, beginning and ending as provided
18in section 69.16B, the chairperson and ranking member of the
19house committee on judiciary or of the house committee on
20public safety shall be ex officio, nonvoting members, with the
21chairperson and ranking member of the house committee on public
22safety serving during the term beginning in January 2020.
232. Vacancies shall be filled by the original appointing
24authority in the manner of the original appointments.
253. Members of the board shall receive reimbursement from
26the state for actual and necessary expenses incurred in the
27performance of their official duties and may also be eligible
28to receive compensation as provided in section 7E.6. All
29expense moneys paid to nonlegislative members shall be paid
30from funds appropriated to the division. Legislative members
31shall receive compensation as provided in sections 2.10 and
322.12.
334. Members of the board shall appoint a chairperson and vice
34chairperson and other officers as the board deems necessary. A
35majority of the voting members currently appointed to the board
-3-1shall constitute a quorum. A quorum shall be required for the
2conduct of business of the board and the affirmative vote of a
3majority of the currently appointed members is necessary for
4any substantive action taken by the board. A member shall not
5vote on any action if the member has a conflict of interest
6on the matter, and a statement by the member of a conflict of
7interest shall be conclusive for this purpose.
85. Membership on the board shall be bipartisan as provided
9in section 69.16 and gender balanced as provided in section
1069.16A.
116. Meetings of the board shall be open to the public as
12provided in chapter 21.
137. The board may call upon any department, agency, or office
14of the state, or any political subdivision of the state, for
15information or assistance as needed in the performance of its
16duties. The information or assistance shall be furnished to
17the extent that it is within the resources and authority of
18the department, agency, office, or political subdivision.
19This section does not require the production or opening of
20any records which are required by law to be kept private or
21confidential.
22 Sec. 5. Section 216A.133, Code 2019, is amended by striking
23the section and inserting in lieu thereof the following:
24216A.133 Purpose and duties.
251. The purpose of the board shall be all of the following:
26a. Develop short-term and long-term goals to improve the
27criminal and juvenile justice systems.
28b. Identify and analyze justice system issues.
29c. Develop and assist others in implementing recommendations
30and plans for justice system improvement.
31d. Provide the general assembly with an analysis of current
32and proposed criminal code provisions.
33e. Provide for a clearinghouse of justice system information
34to coordinate with data resource agencies and assist others in
35the use of justice system data.
-4- 12. The board shall advise the division on its administration
2of state and federal grants and appropriations and shall carry
3out other functions consistent with this subchapter.
43. The duties of the board shall consist of the following:
5a. Identifying issues and analyzing the operation and impact
6of present criminal and juvenile justice policy and making
7recommendations for policy changes.
8b. Coordinating with data resource agencies to provide
9data and analytical information to federal, state, and local
10governments, and assisting agencies in the use of criminal and
11juvenile justice data.
12c. Reporting criminal justice system needs to the governor,
13the general assembly, and other decision makers to improve the
14criminal justice system.
15d. Reporting juvenile justice system needs to the governor,
16the general assembly, and other decision makers to address
17issues specifically affecting the juvenile justice system,
18including evidence-based programs for group foster care
19placements and the state training school, diversion, and
20community-based services for juvenile offenders.
21e. Providing technical assistance upon request to state and
22local agencies.
23f. Administering federal funds and funds appropriated
24by the state or that are otherwise available in compliance
25with applicable laws, regulations, and other requirements for
26purposes of study, research, investigation, planning, and
27implementation in the areas of criminal and juvenile justice.
28g. Making grants to cities, counties, and other entities
29pursuant to applicable law.
30h. Maintaining an Iowa correctional policy project as
31provided in section 216A.137.
32i. Providing input to the department director in the
33development of budget recommendations for the division.
34j. Coordinating with the administrator to develop and make
35recommendations to the department director pursuant to section
-5-1216A.2.
2k. Serving as a liaison between the division and the public,
3sharing information and gathering constituency input.
4l. Recommending to the board the adoption of rules pursuant
5to chapter 17A as it deems necessary for the board and
6division.
7m. Recommending legislative and executive action to the
8governor and general assembly.
9n. Establishing advisory committees, work groups, or other
10coalitions as appropriate.
11o. Providing the general assembly with an analysis and
12recommendations of current criminal code provisions and
13proposed legislation which include but are not limited to all
14of the following:
15(1) Potential disparity in sentencing.
16(2) Truth in sentencing.
17(3) Victims.
18(4) The proportionality of specific sentences.
19(5) Sentencing procedures.
20(6) Costs associated with the implementation of criminal
21code provisions, including costs to the judicial branch,
22department of corrections, and judicial district departments
23of correctional services, costs for representing indigent
24defendants, and costs incurred by political subdivisions of the
25state.
26(7) Best practices related to the department of corrections
27including recidivism rates, safety and the efficient use of
28correctional staff, and compliance with correctional standards
29set by the federal government and other jurisdictions.
30(8) Best practices related to the Iowa child death review
31team established in section 135.43 and the Iowa domestic abuse
32death review team established in section 135.109.
33p. Studying and making recommendations for treating and
34supervising adult and juvenile sex offenders in institutions,
35community-based programs, and in the community, in areas which
-6-1include but are not limited to all of the following:
2(1) The effectiveness of electronically monitoring sex
3offenders.
4(2) The cost and effectiveness of special sentences
5pursuant to chapter 903B.
6(3) Risk assessment models created for sex offenders.
7(4) Determining the best treatment programs available for
8sex offenders and the efforts of Iowa and other states to
9implement treatment programs.
10(5) The efforts of Iowa and other states to prevent sex
11abuse-related crimes including child sex abuse.
12(6) Any other related issues the board deems necessary,
13including but not limited to computer and internet sex-related
14crimes, sex offender case management, best practices for sex
15offender supervision, the sex offender registry, and the
16effectiveness of safety zones.
17q. Providing expertise and advice to the legislative
18services agency, the department of corrections, the
19judicial branch, and others charged with formulating fiscal,
20correctional, or minority impact statements.
21r. Reviewing data supplied by the division, the department
22of management, the legislative services agency, the Iowa
23supreme court, and other departments or agencies for the
24purpose of determining the effectiveness and efficiency of the
25collection of such data.
264. The board shall submit reports, in accordance with
27section 216A.135, to the governor and general assembly
28regarding actions taken, issues studied, and board
29recommendations.
30 Sec. 6. Section 216A.135, Code 2019, is amended by striking
31the section and inserting in lieu thereof the following:
32216A.135 Plan and report.
331. The board shall submit a three-year criminal and juvenile
34justice plan for the state, beginning December 1, 2020, and
35every three years thereafter, by December 1. The three-year
-7-1plan shall be updated annually. Each three-year plan and
2annual updates of the three-year plan shall be submitted to the
3governor and the general assembly by December 1.
42. The three-year plan and annual updates shall include but
5are not limited to the following:
6a. Short-term and long-term goals for the criminal and
7juvenile justice systems.
8b. The identification of issues and studies on the effective
9treatment and supervision of adult and juvenile sex offenders
10in institutions, community-based programs, and the community.
11c. Analysis and recommendations of current criminal code
12provisions.
13d. The effectiveness and efficiencies of current criminal
14and juvenile justice policies, practices, and services.
15e. Collection of criminal and juvenile justice data.
16f. Recommendations to improve the criminal and juvenile
17justice systems.
18 Sec. 7. Section 216A.137, Code 2019, is amended to read as
19follows:
20216A.137 Correctional policy project.
21The division shall maintain an Iowa correctional policy
22project for the purpose of conducting analyses of major
23correctional issues affecting the criminal and juvenile justice
24system. The council board shall identify and prioritize the
25issues and studies to be addressed by the division through
26this project and shall report project plans and findings
27annually along with the report required in section 216A.135.
28Issues and studies to be considered by the council board shall
29include, but are not limited to a review of the information
30systems available to assess corrections trends and program
31effectiveness, the development of an evaluation plan for
32assessing the impact of corrections expenditures, and a study
33of the desirability and feasibility of changing the state’s
34sentencing practices, a public opinion survey to assess the
35public’s view of possible changes in current corrections
-8-1practices, and the development of parole guidelines which
2includes a prison population forecast.
3The division may form subcommittees for the purpose of
4addressing major correctional issues affecting the criminal
5and juvenile justice system. The division shall establish
6a subcommittee to address issues specifically affecting the
7juvenile justice system.
8 Sec. 8. REPEAL. Sections 216A.133A and 216A.139, Code 2019,
9are repealed.
10EXPLANATION
11The inclusion of this explanation does not constitute agreement with
12the explanation’s substance by the members of the general assembly.
13This bill relates to certain boards and councils under the
14department of human rights including the establishment of the
15justice advisory board and the elimination of the criminal and
16juvenile justice planning advisory council, the public safety
17advisory board, and the sex offender research council.
18The bill eliminates the criminal and juvenile justice
19planning advisory council, the public safety advisory board,
20and the sex offender research council and establishes the
21justice advisory board to consist of 28 members (22 voting
22members and 6 ex officio nonvoting members) all residing within
23the state of Iowa. The justice advisory board will assume many
24of the responsibilities, duties, and objectives of the three
25entities eliminated in the bill. Nine voting members shall
26be appointed by the governor, subject to confirmation by the
27senate, for a four-year term. Other voting members of the
28board serving four-year terms shall include representatives
29from the Iowa coalition against domestic violence; the American
30civil liberties union of Iowa; the Iowa county attorneys
31association; the departments of human services, corrections,
32public safety, public health, and justice; a judicial district
33department of correctional services; the office of the status
34of African Americans; the board of parole; the state public
35defender; and the governor’s office of drug control policy.
-9-1The chief justice of the supreme court shall designate a
2district judge and a district associate judge or associate
3juvenile judge to serve as ex officio, nonvoting members of
4the board for four-year terms, unless the member ceases to
5serve as a judge. The chairperson and ranking member of the
6senate committee on judiciary shall be ex officio, nonvoting
7members. In alternating two-year terms, the chairperson and
8ranking member of the house committee on judiciary or of the
9house committee on public safety shall be ex officio, nonvoting
10members.
11The bill provides that the purpose of the justice advisory
12board is to: develop short-term and long-term goals to
13improve the criminal and juvenile justice systems; identify and
14analyze justice system issues; develop and assist others in
15implementing recommendations and plans for system improvement;
16provide the general assembly with an analysis of current
17and proposed criminal code provisions; and provide for a
18clearinghouse of justice system information to coordinate
19with data resource agencies and assist others in the use of
20justice system data. The board shall advise the division of
21criminal and juvenile justice planning of the department of
22human rights (division) on its administration of state and
23federal grants and appropriations and shall carry out other
24functions consistent with the subchapter, which includes the
25responsibilities and duties of the division.
26The duties of the justice advisory board include identifying
27issues and analyzing the operation and impact of present
28criminal and juvenile justice policy and making recommendations
29for policy changes; coordinating with data resource agencies
30to provide data and analytical information to federal, state,
31and local governments, and assisting agencies in the use of
32criminal and juvenile justice data; reporting criminal justice
33and juvenile justice system needs to the governor, the general
34assembly, and other decision makers to improve the criminal
35justice system; providing technical assistance upon request
-10-1to state and local agencies; administering federal funds
2and funds appropriated by the state or that are otherwise
3available for purposes of study, research, investigation,
4planning, and implementation in the areas of criminal and
5juvenile justice; making grants to cities, counties, and
6other entities pursuant to applicable law; maintaining an
7Iowa correctional policy; providing input to the director of
8the department of human services in the development of budget
9recommendations; recommending rules pursuant to Code chapter
1017A as necessary for the board and division; recommending
11legislative and executive action to the governor and general
12assembly; establishing advisory committees, work groups, or
13other coalitions as appropriate; providing the general assembly
14with an analysis and recommendations of current criminal code
15provisions and proposed legislation; studying and making
16recommendations for treating and supervising adult and juvenile
17sex offenders in institutions, community-based programs,
18and in the community; providing expertise and advice to the
19legislative services agency, the department of corrections, the
20judicial branch, and others charged with formulating fiscal,
21correctional, or minority impact statements; and reviewing data
22supplied by the division, the department of management, the
23legislative services agency, the Iowa supreme court, and other
24departments.
25The bill provides that the justice advisory board shall
26submit a three-year criminal and juvenile justice plan for
27the state, beginning December 1, 2020, and every three years
28thereafter, by December 1. The three-year plan shall be
29updated annually. The three-year plan and annual updates shall
30include short-term and long-term goals for the criminal and
31juvenile justice systems; the identification of issues and
32studies on the effective treatment and supervision of adult
33and juvenile sex offenders in institutions, community-based
34programs, and in the community; analysis and recommendations
35of current criminal code provisions; the effectiveness and
-11-1efficiencies of current criminal and juvenile justice policies,
2practices, and services; the collection of criminal and
3juvenile justice data; and recommendations to improve the
4criminal and juvenile justice systems.
5The bill provides that the justice advisory board shall
6identify and prioritize the issues and studies to be
7addressed by the division. The division will maintain an Iowa
8correctional policy project for the purpose of conducting
9analyses of major correctional issues affecting the criminal
10and juvenile justice system. Issues and studies to be
11considered by the justice advisory board include a review of
12the information systems available to assess corrections trends
13and program effectiveness, the development of an evaluation
14plan for assessing the impact of corrections expenditures,
15and a study of the desirability and feasibility of changing
16the state’s sentencing practices, which includes a prison
17population forecast.
18The bill provides that a member of the justice advisory board
19shall be a voting member of the human rights board replacing
20the member representative from the criminal law and juvenile
21justice planning and advisory council.
22The bill adds the duties specified in Code section 216A.140,
23concerning the Iowa collaboration for youth development
24council and the state of Iowa youth advisory council, to the
25responsibilities of the division of criminal and juvenile
26justice planning. Those duties shall include but are not
27limited to all of the following: to study, explore, and plan
28for the best approach to structure and formalize the functions
29and activities of the youth development council to meet its
30purpose, and make formal recommendations for improvement to
31the governor and general assembly; to review indicator data
32and identify barriers to youth success and develop strategies
33to address the barriers; to coordinate across agencies the
34state policy priorities for youth; to strengthen partnerships
35with the nonprofit and private sectors to gather input,
-12-1build consensus, and maximize the use of existing resources
2and leverage new resources to improve the lives of youth
3and their families; to oversee the activities of the youth
4advisory council; to seek input from and engage the youth
5advisory council in the development of more effective policies,
6practices, and programs to improve the lives and futures of
7youth; and to report annually by February 1 to the governor and
8general assembly.
9The bill repeals Code sections 216A.133A (duties of the
10public safety advisory board) and 216A.139 (sex offender
11research council), and makes conforming Code changes.
-13-as/rh