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House File 634 - EnrolledAn Actrelating to certain boards and councils in the
department of human rights including the establishment
of the justice advisory board and the elimination of the
criminal and juvenile justice planning advisory council, the
public safety advisory board, and the sex offender research
council.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 216A.3, subsection 2, paragraph a, Code
2019, is amended to read as follows:
a. The voting members shall consist of nine voting members
selected by each of the permanent commissions within the
department, and two voting members, appointed by the governor.
For purposes of this paragraph “a”, “permanent commissions”
means the commission of Latino affairs, commission on the
status of women, commission of persons with disabilities,
commission on community action agencies, commission of deaf
services, criminal and juvenile justice planning advisory
council justice advisory board, commission on the status of
African Americans, commission of Asian and Pacific Islander
affairs, and commission of Native American affairs. The term
of office for voting members is four years.
Sec. 2. Section 216A.131, Code 2019, is amended to read as
follows:
216A.131 Definitions.
For the purpose of this subchapter, unless the context
otherwise requires:
1. “Administrator” means the administrator of the division
of criminal and juvenile justice planning.
2. “Board” means the public safety advisory board justice
advisory board.
3. “Council” means the criminal and juvenile justice
planning advisory council. “Department” means the department of
human rights.
4. “Division” means the division of criminal and juvenile
justice planning.
Sec. 3. Section 216A.131A, Code 2019, is amended to read as
follows:
216A.131A Division of criminal and juvenile justice planning.
The division of criminal and juvenile justice planning is
established to fulfill the responsibilities of this subchapter,
including the duties specified in sections 216A.135, 216A.136,
216A.137, 216A.138, and 216A.139 216A.140.
-1- Sec. 4. Section 216A.132, Code 2019, is amended by striking
the section and inserting in lieu thereof the following:
216A.132 Board established — terms — compensation.
1. A justice advisory board is established consisting of
twenty-eight members who shall all reside in the state.
a. The governor shall appoint nine voting members each for
a four-year term beginning and ending as provided in section
69.19 and subject to confirmation by the senate as follows:
(1) Three persons, each of whom is a county supervisor,
county sheriff, mayor, nonsupervisory police officer, or a
chief of police of a department with fewer than eleven police
officers.
(2) Two persons who are knowledgeable about Iowa’s juvenile
justice system.
(3) One person representing the general public, who is
not employed in any law enforcement, judicial, or corrections
capacity.
(4) One person who is either a crime victim, or who
represents a crime victim organization.
(5) One person who represents a recognized civil rights
organization that advocates for minorities.
(6) One person who was formerly under juvenile court
or correctional supervision, or a representative of an
organization that advocates for individuals who have been under
juvenile court or correctional supervision.
b. Additional voting members of the board, each serving a
four-year term, shall include one representative from each of
the following:
(1) The Iowa coalition against sexual assault.
(2) The American civil liberties union of Iowa.
(3) The Iowa county attorneys association.
(4) The department of human services.
(5) The department of corrections.
(6) A judicial district department of correctional
services.
-2- (7) The department of public safety.
(8) The office on the status of African Americans.
(9) The department of public health.
(10) The board of parole.
(11) The department of justice.
(12) The state public defender.
(13) The governor’s office of drug control policy.
c. The chief justice of the supreme court shall designate
one member who is a district judge and one member who is either
a district associate judge or associate juvenile judge. The
members appointed pursuant to this paragraph shall serve as ex
officio, nonvoting members for four-year terms beginning and
ending as provided in section 69.19, unless the member ceases
to serve as a judge.
d. The chairperson and ranking member of the senate
committee on judiciary shall be ex officio, nonvoting members.
In alternating two-year terms, beginning and ending as provided
in section 69.16B, the chairperson and ranking member of the
house committee on judiciary or of the house committee on
public safety shall be ex officio, nonvoting members, with the
chairperson and ranking member of the house committee on public
safety serving during the term beginning in January 2020.
2. Vacancies shall be filled by the original appointing
authority in the manner of the original appointments.
3. Members of the board shall receive reimbursement from
the state for actual and necessary expenses incurred in the
performance of their official duties and may also be eligible
to receive compensation as provided in section 7E.6. All
expense moneys paid to nonlegislative members shall be paid
from funds appropriated to the division. Legislative members
shall receive compensation as provided in sections 2.10 and
2.12.
4. Members of the board shall appoint a chairperson and vice
chairperson and other officers as the board deems necessary. A
majority of the voting members currently appointed to the board
-3-shall constitute a quorum. A quorum shall be required for the
conduct of business of the board and the affirmative vote of a
majority of the currently appointed members is necessary for
any substantive action taken by the board. A member shall not
vote on any action if the member has a conflict of interest
on the matter, and a statement by the member of a conflict of
interest shall be conclusive for this purpose.
5. Membership on the board shall be bipartisan as provided
in section 69.16 and gender balanced as provided in section
69.16A.
6. Meetings of the board shall be open to the public as
provided in chapter 21.
7. 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.
Sec. 5. Section 216A.133, Code 2019, is amended by striking
the section and inserting in lieu thereof the following:
216A.133 Purpose and duties.
1. The purpose of the board shall be all of the following:
a. Develop short-term and long-term goals to improve the
criminal and juvenile justice systems.
b. Identify and analyze justice system issues.
c. Develop and assist others in implementing recommendations
and plans for justice system improvement.
d. Provide the general assembly with an analysis of current
and proposed criminal code provisions.
e. Provide for a clearinghouse of justice system information
to coordinate with data resource agencies and assist others in
the use of justice system data.
-4- 2. The board shall advise the division on its administration
of state and federal grants and appropriations and shall carry
out other functions consistent with this subchapter.
3. The duties of the board shall consist of the following:
a. Identifying issues and analyzing the operation and impact
of present criminal and juvenile justice policy and making
recommendations for policy changes.
b. Coordinating with data resource agencies to provide
data and analytical information to federal, state, and local
governments, and assisting agencies in the use of criminal and
juvenile justice data.
c. Reporting criminal justice system needs to the governor,
the general assembly, and other decision makers to improve the
criminal justice system.
d. Reporting juvenile justice system needs to the governor,
the general assembly, and other decision makers to address
issues specifically affecting the juvenile justice system,
including evidence-based programs for group foster care
placements and the state training school, diversion, and
community-based services for juvenile offenders.
e. Providing technical assistance upon request to state and
local agencies.
f. Administering federal funds and funds appropriated
by the state or that are otherwise available in compliance
with applicable laws, regulations, and other requirements for
purposes of study, research, investigation, planning, and
implementation in the areas of criminal and juvenile justice.
g. Making grants to cities, counties, and other entities
pursuant to applicable law.
h. Maintaining an Iowa correctional policy project as
provided in section 216A.137.
i. Providing input to the department director in the
development of budget recommendations for the division.
j. Coordinating with the administrator to develop and make
recommendations to the department director pursuant to section
-5-216A.2.
k. Serving as a liaison between the division and the public,
sharing information and gathering constituency input.
l. Recommending to the board the adoption of rules pursuant
to chapter 17A as it deems necessary for the board and
division.
m. Recommending legislative and executive action to the
governor and general assembly.
n. Establishing advisory committees, work groups, or other
coalitions as appropriate.
o. Providing the general assembly with an analysis and
recommendations of current criminal code provisions and
proposed legislation which include but are not limited to 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 the 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.
p. Studying and making recommendations for treating and
supervising adult and juvenile sex offenders in institutions,
community-based programs, and in the community, in areas which
-6-include but are not limited to all of the following:
(1) The effectiveness of electronically monitoring sex
offenders.
(2) The cost and effectiveness of special sentences
pursuant to chapter 903B.
(3) Risk assessment models created for sex offenders.
(4) Determining the best treatment programs available for
sex offenders and the efforts of Iowa and other states to
implement treatment programs.
(5) The efforts of Iowa and other states to prevent sex
abuse-related crimes including child sex abuse.
(6) Any other related issues the board deems necessary,
including but not limited to computer and internet sex-related
crimes, sex offender case management, best practices for sex
offender supervision, the sex offender registry, and the
effectiveness of safety zones.
q. 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.
r. 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 shall submit reports, in accordance with
section 216A.135, to the governor and general assembly
regarding actions taken, issues studied, and board
recommendations.
Sec. 6. Section 216A.135, Code 2019, is amended by striking
the section and inserting in lieu thereof the following:
216A.135 Plan and report.
1. The board shall submit a three-year criminal and juvenile
justice plan for the state, beginning December 1, 2020, and
every three years thereafter, by December 1. The three-year
-7-plan shall be updated annually. Each three-year plan and
annual updates of the three-year plan shall be submitted to the
governor and the general assembly by December 1.
2. The three-year plan and annual updates shall include but
are not limited to the following:
a. Short-term and long-term goals for the criminal and
juvenile justice systems.
b. The identification of issues and studies on the effective
treatment and supervision of adult and juvenile sex offenders
in institutions, community-based programs, and the community.
c. Analysis and recommendations of current criminal code
provisions.
d. The effectiveness and efficiencies of current criminal
and juvenile justice policies, practices, and services.
e. Collection of criminal and juvenile justice data.
f. Recommendations to improve the criminal and juvenile
justice systems.
Sec. 7. Section 216A.137, Code 2019, is amended to read as
follows:
216A.137 Correctional policy project.
The division shall maintain an Iowa correctional policy
project for the purpose of conducting analyses of major
correctional issues affecting the criminal and juvenile justice
system. The council board shall identify and prioritize the
issues and studies to be addressed by the division through
this project and shall report project plans and findings
annually along with the report required in section 216A.135.
Issues and studies to be considered by the council board shall
include, but are not limited to a review of the information
systems available to assess corrections trends and program
effectiveness, the development of an evaluation plan for
assessing the impact of corrections expenditures, and a study
of the desirability and feasibility of changing the state’s
sentencing practices, a public opinion survey to assess the
public’s view of possible changes in current corrections
-8-practices, and the development of parole guidelines which
includes a prison population forecast.
The division may form subcommittees for the purpose of
addressing major correctional issues affecting the criminal
and juvenile justice system. The division shall establish
a subcommittee to address issues specifically affecting the
juvenile justice system.
Sec. 8. REPEAL. Sections 216A.133A and 216A.139, Code 2019,
are repealed.
______________________________
LINDA UPMEYERSpeaker of the House______________________________
CHARLES SCHNEIDERPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 634, Eighty-eighth General Assembly.______________________________
CARMINE BOALChief Clerk of the HouseApproved _______________, 2019______________________________
KIM REYNOLDSGovernoras/rh
department of human rights including the establishment
of the justice advisory board and the elimination of the
criminal and juvenile justice planning advisory council, the
public safety advisory board, and the sex offender research
council.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 216A.3, subsection 2, paragraph a, Code
2019, is amended to read as follows:
a. The voting members shall consist of nine voting members
selected by each of the permanent commissions within the
department, and two voting members, appointed by the governor.
For purposes of this paragraph “a”, “permanent commissions”
means the commission of Latino affairs, commission on the
status of women, commission of persons with disabilities,
commission on community action agencies, commission of deaf
services, criminal and juvenile justice planning advisory
council justice advisory board, commission on the status of
African Americans, commission of Asian and Pacific Islander
affairs, and commission of Native American affairs. The term
of office for voting members is four years.
Sec. 2. Section 216A.131, Code 2019, is amended to read as
follows:
216A.131 Definitions.
For the purpose of this subchapter, unless the context
otherwise requires:
1. “Administrator” means the administrator of the division
of criminal and juvenile justice planning.
2. “Board” means the public safety advisory board justice
advisory board.
3. “Council” means the criminal and juvenile justice
planning advisory council. “Department” means the department of
human rights.
4. “Division” means the division of criminal and juvenile
justice planning.
Sec. 3. Section 216A.131A, Code 2019, is amended to read as
follows:
216A.131A Division of criminal and juvenile justice planning.
The division of criminal and juvenile justice planning is
established to fulfill the responsibilities of this subchapter,
including the duties specified in sections 216A.135, 216A.136,
216A.137, 216A.138, and 216A.139 216A.140.
-1- Sec. 4. Section 216A.132, Code 2019, is amended by striking
the section and inserting in lieu thereof the following:
216A.132 Board established — terms — compensation.
1. A justice advisory board is established consisting of
twenty-eight members who shall all reside in the state.
a. The governor shall appoint nine voting members each for
a four-year term beginning and ending as provided in section
69.19 and subject to confirmation by the senate as follows:
(1) Three persons, each of whom is a county supervisor,
county sheriff, mayor, nonsupervisory police officer, or a
chief of police of a department with fewer than eleven police
officers.
(2) Two persons who are knowledgeable about Iowa’s juvenile
justice system.
(3) One person representing the general public, who is
not employed in any law enforcement, judicial, or corrections
capacity.
(4) One person who is either a crime victim, or who
represents a crime victim organization.
(5) One person who represents a recognized civil rights
organization that advocates for minorities.
(6) One person who was formerly under juvenile court
or correctional supervision, or a representative of an
organization that advocates for individuals who have been under
juvenile court or correctional supervision.
b. Additional voting members of the board, each serving a
four-year term, shall include one representative from each of
the following:
(1) The Iowa coalition against sexual assault.
(2) The American civil liberties union of Iowa.
(3) The Iowa county attorneys association.
(4) The department of human services.
(5) The department of corrections.
(6) A judicial district department of correctional
services.
-2- (7) The department of public safety.
(8) The office on the status of African Americans.
(9) The department of public health.
(10) The board of parole.
(11) The department of justice.
(12) The state public defender.
(13) The governor’s office of drug control policy.
c. The chief justice of the supreme court shall designate
one member who is a district judge and one member who is either
a district associate judge or associate juvenile judge. The
members appointed pursuant to this paragraph shall serve as ex
officio, nonvoting members for four-year terms beginning and
ending as provided in section 69.19, unless the member ceases
to serve as a judge.
d. The chairperson and ranking member of the senate
committee on judiciary shall be ex officio, nonvoting members.
In alternating two-year terms, beginning and ending as provided
in section 69.16B, the chairperson and ranking member of the
house committee on judiciary or of the house committee on
public safety shall be ex officio, nonvoting members, with the
chairperson and ranking member of the house committee on public
safety serving during the term beginning in January 2020.
2. Vacancies shall be filled by the original appointing
authority in the manner of the original appointments.
3. Members of the board shall receive reimbursement from
the state for actual and necessary expenses incurred in the
performance of their official duties and may also be eligible
to receive compensation as provided in section 7E.6. All
expense moneys paid to nonlegislative members shall be paid
from funds appropriated to the division. Legislative members
shall receive compensation as provided in sections 2.10 and
2.12.
4. Members of the board shall appoint a chairperson and vice
chairperson and other officers as the board deems necessary. A
majority of the voting members currently appointed to the board
-3-shall constitute a quorum. A quorum shall be required for the
conduct of business of the board and the affirmative vote of a
majority of the currently appointed members is necessary for
any substantive action taken by the board. A member shall not
vote on any action if the member has a conflict of interest
on the matter, and a statement by the member of a conflict of
interest shall be conclusive for this purpose.
5. Membership on the board shall be bipartisan as provided
in section 69.16 and gender balanced as provided in section
69.16A.
6. Meetings of the board shall be open to the public as
provided in chapter 21.
7. 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.
Sec. 5. Section 216A.133, Code 2019, is amended by striking
the section and inserting in lieu thereof the following:
216A.133 Purpose and duties.
1. The purpose of the board shall be all of the following:
a. Develop short-term and long-term goals to improve the
criminal and juvenile justice systems.
b. Identify and analyze justice system issues.
c. Develop and assist others in implementing recommendations
and plans for justice system improvement.
d. Provide the general assembly with an analysis of current
and proposed criminal code provisions.
e. Provide for a clearinghouse of justice system information
to coordinate with data resource agencies and assist others in
the use of justice system data.
-4- 2. The board shall advise the division on its administration
of state and federal grants and appropriations and shall carry
out other functions consistent with this subchapter.
3. The duties of the board shall consist of the following:
a. Identifying issues and analyzing the operation and impact
of present criminal and juvenile justice policy and making
recommendations for policy changes.
b. Coordinating with data resource agencies to provide
data and analytical information to federal, state, and local
governments, and assisting agencies in the use of criminal and
juvenile justice data.
c. Reporting criminal justice system needs to the governor,
the general assembly, and other decision makers to improve the
criminal justice system.
d. Reporting juvenile justice system needs to the governor,
the general assembly, and other decision makers to address
issues specifically affecting the juvenile justice system,
including evidence-based programs for group foster care
placements and the state training school, diversion, and
community-based services for juvenile offenders.
e. Providing technical assistance upon request to state and
local agencies.
f. Administering federal funds and funds appropriated
by the state or that are otherwise available in compliance
with applicable laws, regulations, and other requirements for
purposes of study, research, investigation, planning, and
implementation in the areas of criminal and juvenile justice.
g. Making grants to cities, counties, and other entities
pursuant to applicable law.
h. Maintaining an Iowa correctional policy project as
provided in section 216A.137.
i. Providing input to the department director in the
development of budget recommendations for the division.
j. Coordinating with the administrator to develop and make
recommendations to the department director pursuant to section
-5-216A.2.
k. Serving as a liaison between the division and the public,
sharing information and gathering constituency input.
l. Recommending to the board the adoption of rules pursuant
to chapter 17A as it deems necessary for the board and
division.
m. Recommending legislative and executive action to the
governor and general assembly.
n. Establishing advisory committees, work groups, or other
coalitions as appropriate.
o. Providing the general assembly with an analysis and
recommendations of current criminal code provisions and
proposed legislation which include but are not limited to 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 the 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.
p. Studying and making recommendations for treating and
supervising adult and juvenile sex offenders in institutions,
community-based programs, and in the community, in areas which
-6-include but are not limited to all of the following:
(1) The effectiveness of electronically monitoring sex
offenders.
(2) The cost and effectiveness of special sentences
pursuant to chapter 903B.
(3) Risk assessment models created for sex offenders.
(4) Determining the best treatment programs available for
sex offenders and the efforts of Iowa and other states to
implement treatment programs.
(5) The efforts of Iowa and other states to prevent sex
abuse-related crimes including child sex abuse.
(6) Any other related issues the board deems necessary,
including but not limited to computer and internet sex-related
crimes, sex offender case management, best practices for sex
offender supervision, the sex offender registry, and the
effectiveness of safety zones.
q. 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.
r. 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 shall submit reports, in accordance with
section 216A.135, to the governor and general assembly
regarding actions taken, issues studied, and board
recommendations.
Sec. 6. Section 216A.135, Code 2019, is amended by striking
the section and inserting in lieu thereof the following:
216A.135 Plan and report.
1. The board shall submit a three-year criminal and juvenile
justice plan for the state, beginning December 1, 2020, and
every three years thereafter, by December 1. The three-year
-7-plan shall be updated annually. Each three-year plan and
annual updates of the three-year plan shall be submitted to the
governor and the general assembly by December 1.
2. The three-year plan and annual updates shall include but
are not limited to the following:
a. Short-term and long-term goals for the criminal and
juvenile justice systems.
b. The identification of issues and studies on the effective
treatment and supervision of adult and juvenile sex offenders
in institutions, community-based programs, and the community.
c. Analysis and recommendations of current criminal code
provisions.
d. The effectiveness and efficiencies of current criminal
and juvenile justice policies, practices, and services.
e. Collection of criminal and juvenile justice data.
f. Recommendations to improve the criminal and juvenile
justice systems.
Sec. 7. Section 216A.137, Code 2019, is amended to read as
follows:
216A.137 Correctional policy project.
The division shall maintain an Iowa correctional policy
project for the purpose of conducting analyses of major
correctional issues affecting the criminal and juvenile justice
system. The council board shall identify and prioritize the
issues and studies to be addressed by the division through
this project and shall report project plans and findings
annually along with the report required in section 216A.135.
Issues and studies to be considered by the council board shall
include, but are not limited to a review of the information
systems available to assess corrections trends and program
effectiveness, the development of an evaluation plan for
assessing the impact of corrections expenditures, and a study
of the desirability and feasibility of changing the state’s
sentencing practices, a public opinion survey to assess the
public’s view of possible changes in current corrections
-8-practices, and the development of parole guidelines which
includes a prison population forecast.
The division may form subcommittees for the purpose of
addressing major correctional issues affecting the criminal
and juvenile justice system. The division shall establish
a subcommittee to address issues specifically affecting the
juvenile justice system.
Sec. 8. REPEAL. Sections 216A.133A and 216A.139, Code 2019,
are repealed.
______________________________
LINDA UPMEYERSpeaker of the House______________________________
CHARLES SCHNEIDERPresident of the Senate I hereby certify that this bill originated in the House and is known as House File 634, Eighty-eighth General Assembly.______________________________
CARMINE BOALChief Clerk of the HouseApproved _______________, 2019______________________________
KIM REYNOLDSGovernoras/rh