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House File 861 - IntroducedA Bill ForAn Act 1relating to appropriations to the justice system.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2FY 2021-2022
3APPROPRIATIONS
4 Section 1. DEPARTMENT OF JUSTICE.
51. There is appropriated from the general fund of the state
6to the department of justice for the fiscal year beginning July
71, 2021, and ending June 30, 2022, the following amounts, or
8so much thereof as is necessary, to be used for the purposes
9designated:
10a. For the general office of attorney general for
11salaries, support, maintenance, and miscellaneous purposes,
12including the prosecuting attorneys training program, matching
13funds for federal violence against women grant programs,
14victim assistance grants, the office of drug control policy
15prosecuting attorney program, and odometer fraud enforcement,
16and for not more than the following full-time equivalent
17positions:
.................................................. $186,371,768
............................................... FTEs19215.00
20As a condition of receiving the appropriation provided
21in this lettered paragraph, the department of justice shall
22maintain a record of the estimated time incurred representing
23each agency or department.
24The general office of attorney general may temporarily
25exceed and draw more than the amount appropriated in this
26lettered paragraph and incur a negative cash balance as long
27as there are receivables equal to or greater than the negative
28balances and the amount appropriated in this lettered paragraph
29is not exceeded at the close of the fiscal year.
30b. For victim assistance grants:
.................................................. $315,016,708
32The moneys appropriated in this lettered paragraph shall be
33used to provide grants to care providers providing services to
34crime victims of domestic abuse or to crime victims of rape and
35sexual assault.
-1- 1The balance of the victim compensation fund established
2in section 915.94 may be used to provide salary and support
3of not more than 24.00 full-time equivalent positions and to
4provide maintenance for the victim compensation functions
5of the department of justice. In addition to the full-time
6equivalent positions authorized pursuant to this paragraph,
75.00 full-time equivalent positions are authorized and shall
8be used by the department of justice to employ one accountant
9and four program planners. The department of justice may
10employ the additional 5.00 full-time equivalent positions
11authorized pursuant to this paragraph that are in excess of the
12number of full-time equivalent positions authorized only if
13the department of justice receives sufficient federal moneys
14to maintain employment for the additional full-time equivalent
15positions during the current fiscal year. The department
16of justice shall only employ the additional 5.00 full-time
17equivalent positions in succeeding fiscal years if sufficient
18federal moneys are received during each of those succeeding
19fiscal years.
20The department of justice shall transfer at least $150,000
21from the victim compensation fund established in section 915.94
22to the victim assistance grant program established in section
2313.31.
24Notwithstanding section 8.33, moneys appropriated in this
25lettered paragraph that remain unencumbered or unobligated at
26the close of the fiscal year shall not revert but shall remain
27available for expenditure for the purposes designated until the
28close of the succeeding fiscal year.
29c. For legal services for persons in poverty grants as
30provided in section 13.34:
.................................................. $312,634,601
322. a. The department of justice, in submitting budget
33estimates for the fiscal year beginning July 1, 2022, pursuant
34to section 8.23, shall include a report of funding from sources
35other than amounts appropriated directly from the general fund
-2-1of the state to the department of justice or to the office of
2consumer advocate. These funding sources shall include but
3are not limited to reimbursements from other state agencies,
4commissions, boards, or similar entities, and reimbursements
5from special funds or internal accounts within the department
6of justice. The department of justice shall also report actual
7reimbursements for the fiscal year beginning July 1, 2020,
8and actual and expected reimbursements for the fiscal year
9beginning July 1, 2021.
10b. The department of justice shall include the report
11required under paragraph “a”, as well as information regarding
12any revisions occurring as a result of reimbursements actually
13received or expected at a later date, in a report to the
14general assembly. The department of justice shall submit the
15report on or before January 15, 2022.
163. a. The department of justice shall fully reimburse
17the costs and necessary related expenses incurred by the Iowa
18law enforcement academy to continue to employ one additional
19instructor position who shall provide training for human
20trafficking-related issues throughout the state.
21b. The department of justice shall obtain the moneys
22necessary to reimburse the Iowa law enforcement academy to
23employ such an instructor from unrestricted moneys from either
24the victim compensation fund established in section 915.94, the
25human trafficking victim fund established in section 915.95, or
26the human trafficking enforcement fund established in 2015 Iowa
27Acts, chapter 138, section 141.
28 Sec. 2. OFFICE OF CONSUMER ADVOCATE. There is appropriated
29from the department of commerce revolving fund created in
30section 546.12 to the office of consumer advocate of the
31department of justice for the fiscal year beginning July 1,
322021, and ending June 30, 2022, the following amount, or so
33much thereof as is necessary, to be used for the purposes
34designated:
35For salaries, support, maintenance, and miscellaneous
-3-1purposes, and for not more than the following full-time
2equivalent positions:
.................................................. $33,137,588
............................................... FTEs422.00
5 Sec. 3. DEPARTMENT OF CORRECTIONS — FACILITIES.
61. There is appropriated from the general fund of the state
7to the department of corrections for the fiscal year beginning
8July 1, 2021, and ending June 30, 2022, the following amounts,
9or so much thereof as is necessary, to be used for the purposes
10designated:
11a. For the operation of the Fort Madison correctional
12facility, including salaries, support, maintenance, and
13miscellaneous purposes:
.................................................. $1443,874,586
15b. For the operation of the Anamosa correctional facility,
16including salaries, support, maintenance, and miscellaneous
17purposes:
.................................................. $1834,674,762
19c. For the operation of the Oakdale correctional facility,
20including salaries, support, maintenance, and miscellaneous
21purposes:
.................................................. $2265,504,081
23d. For the operation of the Newton correctional facility,
24including salaries, support, maintenance, and miscellaneous
25purposes:
.................................................. $2630,336,583
27e. For the operation of the Mount Pleasant correctional
28facility, including salaries, support, maintenance, and
29miscellaneous purposes:
.................................................. $3027,512,550
31f. For the operation of the Rockwell City correctional
32facility, including salaries, support, maintenance, and
33miscellaneous purposes:
.................................................. $3411,198,997
35g. For the operation of the Clarinda correctional facility,
-4-1including salaries, support, maintenance, and miscellaneous
2purposes:
.................................................. $326,494,779
4Moneys received by the department of corrections as
5reimbursement for services provided to the Clarinda youth
6corporation are appropriated to the department and shall be
7used for the purpose of operating the Clarinda correctional
8facility.
9h. For the operation of the Mitchellville correctional
10facility, including salaries, support, maintenance, and
11miscellaneous purposes:
.................................................. $1224,793,038
13i. For the operation of the Fort Dodge correctional
14facility, including salaries, support, maintenance, and
15miscellaneous purposes:
.................................................. $1631,863,351
17j. For reimbursement of counties for temporary confinement
18of prisoners, as provided in sections 901.7, 904.908, and
19906.17, and for offenders confined pursuant to section 904.513:
.................................................. $201,082,635
21k. For federal prison reimbursement, reimbursements for
22out-of-state placements, and miscellaneous contracts:
.................................................. $23234,411
242. The department of corrections shall use moneys
25appropriated in subsection 1 to continue to contract for the
26services of a Muslim imam and a Native American spiritual
27leader.
28 Sec. 4. DEPARTMENT OF CORRECTIONS — ADMINISTRATION.
29There is appropriated from the general fund of the state to the
30department of corrections for the fiscal year beginning July
311, 2021, and ending June 30, 2022, the following amounts, or
32so much thereof as is necessary, to be used for the purposes
33designated:
341. For general administration, including salaries and the
35adjustment of salaries throughout the department, support,
-5-1maintenance, employment of an education director to administer
2a centralized education program for the correctional system,
3and miscellaneous purposes:
.................................................. $45,681,661
5a. It is the intent of the general assembly that each
6lease negotiated by the department of corrections with a
7private corporation for the purpose of providing private
8industry employment of inmates in a correctional institution
9shall prohibit the private corporation from utilizing inmate
10labor for partisan political purposes for any person seeking
11election to public office in this state and that a violation
12of this requirement shall result in a termination of the lease
13agreement.
14b. It is the intent of the general assembly that as a
15condition of receiving the appropriation provided in this
16subsection the department of corrections shall not enter into
17a lease or contractual agreement pursuant to section 904.809
18with a private corporation for the use of building space for
19the purpose of providing inmate employment without providing
20that the terms of the lease or contract establish safeguards to
21restrict, to the greatest extent feasible, access by inmates
22working for the private corporation to personal identifying
23information of citizens.
242. For educational programs for inmates at state penal
25institutions:
.................................................. $262,608,109
27a. To maximize the funding for educational programs,
28the department shall establish guidelines and procedures to
29prioritize the availability of educational and vocational
30training for inmates based upon the goal of facilitating an
31inmate’s successful release from the correctional institution.
32b. The director of the department of corrections may
33transfer moneys from Iowa prison industries and the canteen
34operating funds established pursuant to section 904.310, for
35use in educational programs for inmates.
-6- 1c. Notwithstanding section 8.33, moneys appropriated in
2this subsection that remain unencumbered or unobligated at the
3close of the fiscal year shall not revert but shall remain
4available to be used only for the purposes designated in this
5subsection until the close of the succeeding fiscal year.
63. For the development and operation of the Iowa corrections
7offender network (ICON) data system:
.................................................. $82,000,000
94. For offender mental health and substance abuse
10treatment:
.................................................. $1128,065
12 Sec. 5. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL
13SERVICES.
141. There is appropriated from the general fund of the state
15to the department of corrections for the fiscal year beginning
16July 1, 2021, and ending June 30, 2022, for salaries, support,
17maintenance, and miscellaneous purposes, the following amounts,
18or so much thereof as is necessary, to be used for the purposes
19designated:
20a. For the first judicial district department of
21correctional services:
.................................................. $2216,040,331
23It is the intent of the general assembly that the first
24judicial district department of correctional services maintains
25the drug courts operated by the district department.
26b. For the second judicial district department of
27correctional services:
.................................................. $2812,388,902
29It is the intent of the general assembly that the second
30judicial district department of correctional services maintains
31two drug courts to be operated by the district department.
32c. For the third judicial district department of
33correctional services:
.................................................. $347,802,557
35d. For the fourth judicial district department of
-7-1correctional services:
.................................................. $26,125,378
3e. For the fifth judicial district department of
4correctional services, including funding for electronic
5monitoring devices for use on a statewide basis:
.................................................. $623,250,182
7It is the intent of the general assembly that the fifth
8judicial district department of correctional services maintains
9the drug court operated by the district department.
10f. For the sixth judicial district department of
11correctional services:
.................................................. $1215,957,947
13It is the intent of the general assembly that the sixth
14judicial district department of correctional services maintains
15the drug court operated by the district department.
16g. For the seventh judicial district department of
17correctional services:
.................................................. $188,503,757
19It is the intent of the general assembly that the seventh
20judicial district department of correctional services maintains
21the drug court operated by the district department.
22h. For the eighth judicial district department of
23correctional services:
.................................................. $249,073,261
252. There is appropriated from the general fund of the state
26to the department of corrections for the fiscal year beginning
27July 1, 2021, and ending June 30, 2022, the following amount,
28or so much thereof as is necessary, to be used for the purposes
29designated:
30For statewide judicial assistance, support, and pilot
31projects for judicial district departments of correctional
32services:
.................................................. $33663,219
343. Each judicial district department of correctional
35services, within the moneys available, shall continue programs
-8-1and plans established within that district to provide for
2intensive supervision, sex offender treatment, diversion of
3low-risk offenders to the least restrictive sanction available,
4job development, and expanded use of intermediate criminal
5sanctions.
64. Each judicial district department of correctional
7services shall provide alternatives to prison consistent with
8chapter 901B. The alternatives to prison shall ensure public
9safety while providing maximum rehabilitation to the offender.
10A judicial district department of correctional services may
11also establish a day program.
125. The governor’s office of drug control policy shall
13consider federal grants made to the department of corrections
14for the benefit of each of the eight judicial district
15departments of correctional services as local government
16grants, as defined pursuant to federal regulations.
176. The department of corrections shall continue to contract
18with a judicial district department of correctional services to
19provide for the rental of electronic monitoring equipment which
20shall be available statewide.
217. The public safety assessment shall not be utilized
22in pretrial hearings when determining whether to detain or
23release a defendant before trial, and the use of the public
24safety assessment pilot program shall be terminated as of the
25effective date of this subsection, until such time the use of
26the public safety assessment has been specifically authorized
27by the general assembly.
28 Sec. 6. DEPARTMENT OF CORRECTIONS — REALLOCATION OF
29APPROPRIATIONS. Notwithstanding section 8.39, within
30the moneys appropriated in this Act to the department of
31corrections, the department may reallocate the moneys
32appropriated and allocated as necessary to best fulfill the
33needs of the correctional institutions, administration of
34the department, and the judicial district departments of
35correctional services. However, in addition to complying with
-9-1the requirements of sections 904.116 and 905.8 and providing
2notice to the legislative services agency, the department
3of corrections shall also provide notice to the department
4of management, prior to the effective date of the revision
5or reallocation of an appropriation made pursuant to this
6section. The department of corrections shall not reallocate an
7appropriation or allocation for the purpose of eliminating any
8program.
9 Sec. 7. INTENT — REPORTS.
101. The department of corrections, in cooperation with
11townships, the Iowa cemetery associations, and other nonprofit
12or governmental entities, may use inmate labor during the
13fiscal year beginning July 1, 2021, to restore or preserve
14rural cemeteries and historical landmarks. The department, in
15cooperation with the counties, may also use inmate labor to
16clean up roads, major water sources, and other water sources
17around the state.
182. On a quarterly basis, the department shall provide
19a status report regarding private-sector employment to the
20general assembly beginning on July 1, 2021. The report shall
21include the number of offenders employed in the private sector,
22the combined number of hours worked by the offenders, the
23total amount of allowances, and the distribution of allowances
24pursuant to section 904.702, including any moneys deposited in
25the general fund of the state.
26 Sec. 8. ELECTRONIC MONITORING REPORT. The department of
27corrections shall submit a report on electronic monitoring
28to the general assembly by January 15, 2022. The report
29shall specifically address the number of persons being
30electronically monitored and break down the number of persons
31being electronically monitored by offense committed. The
32report shall also include a comparison of any data from the
33prior fiscal year with the current fiscal year.
34 Sec. 9. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES.
351. As used in this section, unless the context otherwise
-10-1requires, “state agency” means the government of the state
2of Iowa, including but not limited to all executive branch
3departments, agencies, boards, bureaus, and commissions, the
4judicial branch, the general assembly and all legislative
5agencies, institutions within the purview of the state board of
6regents, and any corporation whose primary function is to act
7as an instrumentality of the state.
82. State agencies are encouraged to purchase products from
9Iowa state industries, as defined in section 904.802, when
10purchases are required and the products are available from
11Iowa state industries. State agencies shall obtain bids from
12Iowa state industries for purchases of office furniture during
13the fiscal year beginning July 1, 2021, exceeding $5,000 or
14in accordance with applicable administrative rules related to
15purchases for the agency.
16 Sec. 10. IOWA LAW ENFORCEMENT ACADEMY.
171. There is appropriated from the general fund of the
18state to the Iowa law enforcement academy for the fiscal year
19beginning July 1, 2021, and ending June 30, 2022, the following
20amount, or so much thereof as is necessary, to be used for the
21purposes designated:
22a. For salaries, support, maintenance, and miscellaneous
23purposes, including jailer training and technical assistance,
24and for not more than the following full-time equivalent
25positions:
.................................................. $261,222,768
............................................... FTEs2730.25
28b. The Iowa law enforcement academy may temporarily exceed
29and draw more than the amount appropriated in this subsection
30and incur a negative cash balance as long as there are
31receivables equal to or greater than the negative balance and
32the amount appropriated in this subsection is not exceeded at
33the close of the fiscal year.
342. The Iowa law enforcement academy may select at least
35five automobiles of the department of public safety, division
-11-1of state patrol, prior to turning over the automobiles to
2the department of administrative services to be disposed
3of by public auction, and the Iowa law enforcement academy
4may exchange any automobile owned by the academy for each
5automobile selected if the selected automobile is used in
6training law enforcement officers at the academy. However, any
7automobile exchanged by the academy shall be substituted for
8the selected vehicle of the department of public safety and
9sold by public auction with the receipts being deposited in the
10depreciation fund maintained pursuant to section 8A.365 to the
11credit of the department of public safety, division of state
12patrol.
133. The Iowa law enforcement academy shall provide training
14for domestic abuse and human trafficking-related issues
15throughout the state. The training shall be offered at no
16cost to the attendees and the training shall not replace any
17existing domestic abuse or human trafficking training offered
18by the academy.
19 Sec. 11. STATE PUBLIC DEFENDER. There is appropriated from
20the general fund of the state to the office of the state public
21defender of the department of inspections and appeals for the
22fiscal year beginning July 1, 2021, and ending June 30, 2022,
23the following amounts, or so much thereof as is necessary, to
24be used for the purposes designated:
251. For salaries, support, maintenance, and miscellaneous
26purposes, and for not more than the following full-time
27equivalent positions:
.................................................. $2829,531,882
............................................... FTEs29233.00
302. For payments on behalf of eligible adults and juveniles
31from the indigent defense fund, in accordance with section
32815.11:
.................................................. $3341,228,448
34 Sec. 12. BOARD OF PAROLE. There is appropriated from the
35general fund of the state to the board of parole for the fiscal
-12-1year beginning July 1, 2021, and ending June 30, 2022, the
2following amount, or so much thereof as is necessary, to be
3used for the purposes designated:
4For salaries, support, maintenance, and miscellaneous
5purposes, and for not more than the following full-time
6equivalent positions:
.................................................. $71,287,865
............................................... FTEs810.53
9 Sec. 13. DEPARTMENT OF PUBLIC DEFENSE.
101. There is appropriated from the general fund of the
11state to the department of public defense, for the fiscal year
12beginning July 1, 2021, and ending June 30, 2022, the following
13amounts, or so much thereof as is necessary, to be used for the
14purposes designated:
15For salaries, support, maintenance, and miscellaneous
16purposes, and for not more than the following full-time
17equivalent positions:
.................................................. $186,928,040
............................................... FTEs19254.00
202. The department of public defense may temporarily exceed
21and draw more than the amount appropriated in this section and
22incur a negative cash balance as long as there are receivables
23of federal funds equal to or greater than the negative balance
24and the amount appropriated in this section is not exceeded at
25the close of the fiscal year.
26 Sec. 14. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
27MANAGEMENT.
281. There is appropriated from the general fund of the state
29to the department of homeland security and emergency management
30for the fiscal year beginning July 1, 2021, and ending June
3130, 2022, the following amounts, or so much thereof as is
32necessary, to be used for the purposes designated:
33For salaries, support, maintenance, and miscellaneous
34purposes, and for not more than the following full-time
35equivalent positions:
-13-.................................................. $12,291,540
............................................... FTEs230.00
32. The department of homeland security and emergency
4management may temporarily exceed and draw more than the amount
5appropriated in this section and incur a negative cash balance
6as long as there are receivables of federal funds equal to or
7greater than the negative balance and the amount appropriated
8in this section is not exceeded at the close of the fiscal
9year.
10 Sec. 15. DEPARTMENT OF PUBLIC SAFETY. There is appropriated
11from the general fund of the state to the department of public
12safety for the fiscal year beginning July 1, 2021, and ending
13June 30, 2022, the following amounts, or so much thereof as is
14necessary, to be used for the purposes designated:
151. For administrative functions, including salaries and the
16adjustment of salaries throughout the department, the criminal
17justice information system, and for not more than the following
18full-time equivalent positions:
.................................................. $195,833,065
............................................... FTEs2043.00
212. For the division of criminal investigation, including
22the state’s contribution to the peace officers’ retirement,
23accident, and disability system provided in chapter 97A in the
24amount of the state’s normal contribution rate, as defined in
25section 97A.8, multiplied by the salaries for which the moneys
26are appropriated, to meet federal fund matching requirements,
27and for not more than the following full-time equivalent
28positions:
.................................................. $2918,216,868
............................................... FTEs30173.00
313. For the criminalistics laboratory fund created in
32section 691.9:
.................................................. $33650,000
34Notwithstanding section 8.33, moneys appropriated in this
35subsection that remain unencumbered or unobligated at the close
-14-1of the fiscal year shall not revert but shall remain available
2for expenditure for the purposes designated until the close of
3the succeeding fiscal year.
44. a. For the division of narcotics enforcement, including
5the state’s contribution to the peace officers’ retirement,
6accident, and disability system provided in chapter 97A in the
7amount of the state’s normal contribution rate, as defined in
8section 97A.8, multiplied by the salaries for which the moneys
9are appropriated, to meet federal fund matching requirements,
10and for not more than the following full-time equivalent
11positions:
.................................................. $128,428,156
............................................... FTEs1367.00
14The division of narcotics enforcement is authorized an
15additional 1.00 full-time equivalent position pursuant to
16this lettered paragraph that is in excess of the number of
17full-time equivalent positions authorized for the previous
18fiscal year only if the division of narcotics enforcement
19receives sufficient federal moneys to maintain employment
20for the additional full-time equivalent position during the
21current fiscal year. The division of narcotics enforcement
22shall only employ the additional full-time equivalent position
23in succeeding fiscal years if sufficient federal moneys are
24received during each of those succeeding fiscal years.
25b. For the division of narcotics enforcement for undercover
26purchases:
.................................................. $27209,042
285. For the division of state fire marshal, for fire
29protection services as provided through the state fire service
30and emergency response council as created in the department,
31and for the state’s contribution to the peace officers’
32retirement, accident, and disability system provided in chapter
3397A in the amount of the state’s normal contribution rate,
34as defined in section 97A.8, multiplied by the salaries for
35which the moneys are appropriated, and for not more than the
-15-1following full-time equivalent positions:
.................................................. $25,460,291
............................................... FTEs349.00
46. For the division of state patrol, for salaries, support,
5maintenance, workers’ compensation costs, and miscellaneous
6purposes, including the state’s contribution to the peace
7officers’ retirement, accident, and disability system provided
8in chapter 97A in the amount of the state’s normal contribution
9rate, as defined in section 97A.8, multiplied by the salaries
10for which the moneys are appropriated, and for not more than
11the following full-time equivalent positions:
.................................................. $1269,432,433
............................................... FTEs13506.00
14It is the intent of the general assembly that members of the
15state patrol be assigned to patrol the highways and roads in
16lieu of assignments for inspecting school buses for the school
17districts.
187. For deposit in the sick leave benefits fund established
19in section 80.42 for all departmental employees eligible to
20receive benefits for accrued sick leave under the collective
21bargaining agreement:
.................................................. $22279,517
238. For costs associated with the training and equipment
24needs of volunteer fire fighters:
.................................................. $25825,520
26Notwithstanding section 8.33, moneys appropriated in this
27subsection that remain unencumbered or unobligated at the
28close of the fiscal year shall not revert but shall remain
29available for expenditure only for the purpose designated in
30this subsection until the close of the succeeding fiscal year.
319. For the public safety interoperable and broadband
32communications fund established in section 80.44:
.................................................. $33115,661
3410. For the office to combat human trafficking established
35pursuant to section 80.45, including salaries, support,
-16-1maintenance, miscellaneous purposes, and for not more than the
2following full-time equivalent positions:
.................................................. $3197,325
............................................... FTEs42.00
511. For costs associated with the training and equipment
6needs of volunteer fire fighters:
.................................................. $750,000
812. For deposit in the public safety equipment fund
9established in section 80.48 for the purchase, maintenance, and
10replacement of equipment used by the department:
.................................................. $112,500,000
12Notwithstanding section 8.39, the department of public
13safety may reallocate moneys appropriated in this section
14as necessary to best fulfill the needs provided for in the
15appropriation. However, the department shall not reallocate
16moneys appropriated to the department in this section unless
17notice of the reallocation is given to the legislative services
18agency and the department of management prior to the effective
19date of the reallocation. The notice shall include information
20regarding the rationale for reallocating the moneys. The
21department shall not reallocate moneys appropriated in this
22section for the purpose of eliminating any program.
23 Sec. 16. GAMING ENFORCEMENT.
241. There is appropriated from the gaming enforcement
25revolving fund created in section 80.43 to the department of
26public safety for the fiscal year beginning July 1, 2021, and
27ending June 30, 2022, the following amount, or so much thereof
28as is necessary, to be used for the purposes designated:
29For any direct support costs for agents and officers of
30the division of criminal investigation’s excursion gambling
31boat, gambling structure, and racetrack enclosure enforcement
32activities, including salaries, support, maintenance, and
33miscellaneous purposes, and for not more than the following
34full-time equivalent positions:
.................................................. $3511,311,731
-17-............................................... FTEs173.00
22. For each additional license to conduct gambling games on
3an excursion gambling boat, gambling structure, or racetrack
4enclosure issued during the fiscal year beginning July 1, 2021,
5there is appropriated from the gaming enforcement fund to the
6department of public safety for the fiscal year beginning July
71, 2021, and ending June 30, 2022, an additional amount of
8not more than $300,000 to be used for full-time equivalent
9positions.
103. The department of public safety, with the approval of the
11department of management, may employ no more than three special
12agents for each additional riverboat or gambling structure
13regulated after July 1, 2022, and three special agents for
14each racing facility which becomes operational during the
15fiscal year which begins July 1, 2022. Positions authorized
16in this subsection are in addition to the full-time equivalent
17positions otherwise authorized in this section.
18 Sec. 17. CIVIL RIGHTS COMMISSION.
191. There is appropriated from the general fund of the state
20to the Iowa state civil rights commission for the fiscal year
21beginning July 1, 2021, and ending June 30, 2022, the following
22amount, or so much thereof as is necessary, to be used for the
23purposes designated:
24For salaries, support, maintenance, and miscellaneous
25purposes, and for not more than the following full-time
26equivalent positions:
.................................................. $271,320,899
............................................... FTEs2827.00
292. The Iowa state civil rights commission may enter into
30a contract with a nonprofit organization to provide legal
31assistance to resolve civil rights complaints.
32 Sec. 18. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION.
331. There is appropriated from the general fund of the state
34to the criminal and juvenile justice planning division of the
35department of human rights for the fiscal year beginning July
-18-11, 2021, and ending June 30, 2022, the following amount or
2so much thereof as is necessary, to be used for the purposes
3designated:
4a. For salaries, support, maintenance, and miscellaneous
5purposes, and for not more than the following full-time
6equivalent positions:
.................................................. $71,290,499
............................................... FTEs88.82
9b. (1) For a single grant to a program located in a city
10with a higher than average juvenile crime rate as determined
11by the criminal and juvenile justice planning division and
12a population greater than 80,000 as determined by the 2010
13federal decennial census, which may be used for studying,
14planning, programming, and capital, that is committed to
15deterring juvenile delinquency through early intervention in
16the criminal justice system by providing a comprehensive,
17multifaceted delivery of social services:
.................................................. $18140,000
19(2) The program shall use no more than 5 percent of the
20grant for administrative costs.
212. The justice advisory board and the juvenile justice
22advisory council shall coordinate their efforts in carrying out
23their respective duties relative to juvenile justice.
24 Sec. 19. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
25MANAGEMENT. There is appropriated from the 911 emergency
26communications fund created in section 34A.7A to the department
27of homeland security and emergency management for the fiscal
28year beginning July 1, 2021, and ending June 30, 2022, the
29following amount, or so much thereof as is necessary, to be
30used for the purposes designated:
31For implementation, support, and maintenance of the
32functions of the administrator and program manager under
33chapter 34A and to employ the auditor of the state to perform
34an annual audit of the 911 emergency communications fund:
.................................................. $35250,000
-19-1 Sec. 20. CONSUMER EDUCATION AND LITIGATION — FARM
2MEDIATION AND PROSECUTIONS, APPEALS, AND CLAIMS.
3Notwithstanding section 714.16C, there is appropriated from the
4consumer education and litigation fund to the department of
5justice for the fiscal year beginning July 1, 2021, and ending
6June 30, 2022, the following amounts, or so much thereof as is
7necessary, to be used for the purposes designated:
8a. For farm mediation services as specified in section
913.13, subsection 2:
.................................................. $10300,000
11b. For salaries, support, maintenance, and miscellaneous
12purposes for criminal prosecutions, criminal appeals, and
13performing duties pursuant to chapter 669:
.................................................. $142,000,000
............................................... FTEs152.00
16DIVISION II
17MISCELLANEOUS APPROPRIATIONS
18 Sec. 21. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
19MANAGEMENT — APPROPRIATION. There is appropriated from
20the general fund of the state to the department of homeland
21security and emergency management for the fiscal year beginning
22July 1, 2021, and ending June 30, 2022, the following amount,
23or so much thereof as is necessary, to be used to conduct a
24governance and funding of levee districts study:
.................................................. $25400,000
26DIVISION III
27ATTORNEY GENERAL
28 Sec. 22. Section 85.67, Code 2021, is amended to read as
29follows:
3085.67 Administration of fund — special counsel — payment of
31award.
32The attorney general shall appoint a staff member
33to represent the treasurer of state and the fund in all
34proceedings and matters arising under this subchapter. The
35attorney general shall be reimbursed up to two hundred fifteen
-20-1 four hundred fifty thousand dollars annually from the fund
2for services provided related to the fund. The commissioner
3of insurance shall consider the reimbursement to the attorney
4general as an outstanding liability when making a determination
5of funding availability under section 85.65A, subsection
62. In making an award under this subchapter, the workers’
7compensation commissioner shall specifically find the amount
8the injured employee shall be paid weekly, the number of weeks
9of compensation which shall be paid by the employer, the date
10upon which payments out of the fund shall begin, and, if
11possible, the length of time the payments shall continue.
12 Sec. 23. 2014 Iowa Acts, chapter 1138, section 21, as
13amended by 2016 Iowa Acts, chapter 1137, section 18, 2017 Iowa
14Acts, chapter 167, section 24, and 2019 Iowa Acts, chapter 163,
15section 26, is amended to read as follows:
16SEC. 21. CONSUMER EDUCATION AND LITIGATION
17FUND. Notwithstanding section 714.16C, for each fiscal
18year of the period beginning July 1, 2014, and ending June
1930, 2021 2023, the annual appropriations in section 714.16C,
20are increased from $1,125,000 to $1,875,000, and $75,000 to
21$125,000 respectively.
22DIVISION IV
23INDIGENT DEFENSE
24 Sec. 24. Section 815.7, Code 2021, is amended by adding the
25following new subsection:
26 NEW SUBSECTION. 5A. For appointments made on or after
27July 1, 2021, the reasonable compensation shall be calculated
28on the basis of seventy-six dollars per hour for class “A”
29felonies, seventy-one dollars per hour for class “B” felonies,
30and sixty-six dollars per hour for all other cases.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill relates to and makes appropriations to the justice
35system.
-21- 1The bill makes appropriations from the general fund of
2the state for FY 2021-2022 to the departments of justice,
3corrections, public defense, public safety, and homeland
4security and emergency management, and the Iowa law enforcement
5academy, office of the state public defender, board of parole,
6Iowa state civil rights commission, and the criminal and
7juvenile justice planning division of the department of human
8rights.
9The bill appropriates moneys from the department of commerce
10revolving fund for FY 2021-2022 to the office of consumer
11advocate of the department of justice.
12The bill appropriates moneys from the gaming enforcement
13revolving fund for FY 2021-2022 to the department of public
14safety.
15The bill appropriates moneys from the 911 emergency
16communications fund for FY 2021-2022 to the department of
17homeland security and emergency management.
18The bill appropriates moneys from the consumer education and
19litigation fund for FY 2021-2022 to the department of justice
20for farm mediation services and salaries, support, maintenance,
21and miscellaneous purposes for criminal prosecutions, criminal
22appeals, and performing certain duties.
23MISCELLANEOUS APPROPRIATIONS. The bill appropriates
24moneys to the department of homeland security and emergency
25management for the fiscal year 2021-2022 to be used to conduct
26a governance and funding of levee districts study.
27ATTORNEY GENERAL. The attorney general shall appoint a
28staff member to represent the treasurer of state and the
29workers’ compensation fund in all proceedings and matters
30arising under the second injury compensation Act. The bill
31provides that the attorney general shall be reimbursed up to
32$450,000 annually from the fund for services provided related
33to the fund.
34CONSUMER EDUCATION AND LITIGATION FUND. The bill provides
35that notwithstanding Code section 714.16C, for each fiscal
-22-1year of the period beginning July 1, 2014, and ending June
230, 2023, the annual appropriations in Code section 714.16C,
3are increased from $1,125,000 to $1,875,000, and $75,000 to
4$125,000, respectively.
5INDIGENT DEFENSE. The bill increases the hourly rates for
6court-appointed counsel by $3 per hour and provides that for
7appointments made on or after July 1, 2021, the reasonable
8compensation shall be calculated on the basis of $76 per hour
9for class “A” felonies, $71 per hour for class “B” felonies,
10and $66 per hour for all other cases.
-23-as/tm
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2FY 2021-2022
3APPROPRIATIONS
4 Section 1. DEPARTMENT OF JUSTICE.
51. There is appropriated from the general fund of the state
6to the department of justice for the fiscal year beginning July
71, 2021, and ending June 30, 2022, the following amounts, or
8so much thereof as is necessary, to be used for the purposes
9designated:
10a. For the general office of attorney general for
11salaries, support, maintenance, and miscellaneous purposes,
12including the prosecuting attorneys training program, matching
13funds for federal violence against women grant programs,
14victim assistance grants, the office of drug control policy
15prosecuting attorney program, and odometer fraud enforcement,
16and for not more than the following full-time equivalent
17positions:
.................................................. $186,371,768
............................................... FTEs19215.00
20As a condition of receiving the appropriation provided
21in this lettered paragraph, the department of justice shall
22maintain a record of the estimated time incurred representing
23each agency or department.
24The general office of attorney general may temporarily
25exceed and draw more than the amount appropriated in this
26lettered paragraph and incur a negative cash balance as long
27as there are receivables equal to or greater than the negative
28balances and the amount appropriated in this lettered paragraph
29is not exceeded at the close of the fiscal year.
30b. For victim assistance grants:
.................................................. $315,016,708
32The moneys appropriated in this lettered paragraph shall be
33used to provide grants to care providers providing services to
34crime victims of domestic abuse or to crime victims of rape and
35sexual assault.
-1- 1The balance of the victim compensation fund established
2in section 915.94 may be used to provide salary and support
3of not more than 24.00 full-time equivalent positions and to
4provide maintenance for the victim compensation functions
5of the department of justice. In addition to the full-time
6equivalent positions authorized pursuant to this paragraph,
75.00 full-time equivalent positions are authorized and shall
8be used by the department of justice to employ one accountant
9and four program planners. The department of justice may
10employ the additional 5.00 full-time equivalent positions
11authorized pursuant to this paragraph that are in excess of the
12number of full-time equivalent positions authorized only if
13the department of justice receives sufficient federal moneys
14to maintain employment for the additional full-time equivalent
15positions during the current fiscal year. The department
16of justice shall only employ the additional 5.00 full-time
17equivalent positions in succeeding fiscal years if sufficient
18federal moneys are received during each of those succeeding
19fiscal years.
20The department of justice shall transfer at least $150,000
21from the victim compensation fund established in section 915.94
22to the victim assistance grant program established in section
2313.31.
24Notwithstanding section 8.33, moneys appropriated in this
25lettered paragraph that remain unencumbered or unobligated at
26the close of the fiscal year shall not revert but shall remain
27available for expenditure for the purposes designated until the
28close of the succeeding fiscal year.
29c. For legal services for persons in poverty grants as
30provided in section 13.34:
.................................................. $312,634,601
322. a. The department of justice, in submitting budget
33estimates for the fiscal year beginning July 1, 2022, pursuant
34to section 8.23, shall include a report of funding from sources
35other than amounts appropriated directly from the general fund
-2-1of the state to the department of justice or to the office of
2consumer advocate. These funding sources shall include but
3are not limited to reimbursements from other state agencies,
4commissions, boards, or similar entities, and reimbursements
5from special funds or internal accounts within the department
6of justice. The department of justice shall also report actual
7reimbursements for the fiscal year beginning July 1, 2020,
8and actual and expected reimbursements for the fiscal year
9beginning July 1, 2021.
10b. The department of justice shall include the report
11required under paragraph “a”, as well as information regarding
12any revisions occurring as a result of reimbursements actually
13received or expected at a later date, in a report to the
14general assembly. The department of justice shall submit the
15report on or before January 15, 2022.
163. a. The department of justice shall fully reimburse
17the costs and necessary related expenses incurred by the Iowa
18law enforcement academy to continue to employ one additional
19instructor position who shall provide training for human
20trafficking-related issues throughout the state.
21b. The department of justice shall obtain the moneys
22necessary to reimburse the Iowa law enforcement academy to
23employ such an instructor from unrestricted moneys from either
24the victim compensation fund established in section 915.94, the
25human trafficking victim fund established in section 915.95, or
26the human trafficking enforcement fund established in 2015 Iowa
27Acts, chapter 138, section 141.
28 Sec. 2. OFFICE OF CONSUMER ADVOCATE. There is appropriated
29from the department of commerce revolving fund created in
30section 546.12 to the office of consumer advocate of the
31department of justice for the fiscal year beginning July 1,
322021, and ending June 30, 2022, the following amount, or so
33much thereof as is necessary, to be used for the purposes
34designated:
35For salaries, support, maintenance, and miscellaneous
-3-1purposes, and for not more than the following full-time
2equivalent positions:
.................................................. $33,137,588
............................................... FTEs422.00
5 Sec. 3. DEPARTMENT OF CORRECTIONS — FACILITIES.
61. There is appropriated from the general fund of the state
7to the department of corrections for the fiscal year beginning
8July 1, 2021, and ending June 30, 2022, the following amounts,
9or so much thereof as is necessary, to be used for the purposes
10designated:
11a. For the operation of the Fort Madison correctional
12facility, including salaries, support, maintenance, and
13miscellaneous purposes:
.................................................. $1443,874,586
15b. For the operation of the Anamosa correctional facility,
16including salaries, support, maintenance, and miscellaneous
17purposes:
.................................................. $1834,674,762
19c. For the operation of the Oakdale correctional facility,
20including salaries, support, maintenance, and miscellaneous
21purposes:
.................................................. $2265,504,081
23d. For the operation of the Newton correctional facility,
24including salaries, support, maintenance, and miscellaneous
25purposes:
.................................................. $2630,336,583
27e. For the operation of the Mount Pleasant correctional
28facility, including salaries, support, maintenance, and
29miscellaneous purposes:
.................................................. $3027,512,550
31f. For the operation of the Rockwell City correctional
32facility, including salaries, support, maintenance, and
33miscellaneous purposes:
.................................................. $3411,198,997
35g. For the operation of the Clarinda correctional facility,
-4-1including salaries, support, maintenance, and miscellaneous
2purposes:
.................................................. $326,494,779
4Moneys received by the department of corrections as
5reimbursement for services provided to the Clarinda youth
6corporation are appropriated to the department and shall be
7used for the purpose of operating the Clarinda correctional
8facility.
9h. For the operation of the Mitchellville correctional
10facility, including salaries, support, maintenance, and
11miscellaneous purposes:
.................................................. $1224,793,038
13i. For the operation of the Fort Dodge correctional
14facility, including salaries, support, maintenance, and
15miscellaneous purposes:
.................................................. $1631,863,351
17j. For reimbursement of counties for temporary confinement
18of prisoners, as provided in sections 901.7, 904.908, and
19906.17, and for offenders confined pursuant to section 904.513:
.................................................. $201,082,635
21k. For federal prison reimbursement, reimbursements for
22out-of-state placements, and miscellaneous contracts:
.................................................. $23234,411
242. The department of corrections shall use moneys
25appropriated in subsection 1 to continue to contract for the
26services of a Muslim imam and a Native American spiritual
27leader.
28 Sec. 4. DEPARTMENT OF CORRECTIONS — ADMINISTRATION.
29There is appropriated from the general fund of the state to the
30department of corrections for the fiscal year beginning July
311, 2021, and ending June 30, 2022, the following amounts, or
32so much thereof as is necessary, to be used for the purposes
33designated:
341. For general administration, including salaries and the
35adjustment of salaries throughout the department, support,
-5-1maintenance, employment of an education director to administer
2a centralized education program for the correctional system,
3and miscellaneous purposes:
.................................................. $45,681,661
5a. It is the intent of the general assembly that each
6lease negotiated by the department of corrections with a
7private corporation for the purpose of providing private
8industry employment of inmates in a correctional institution
9shall prohibit the private corporation from utilizing inmate
10labor for partisan political purposes for any person seeking
11election to public office in this state and that a violation
12of this requirement shall result in a termination of the lease
13agreement.
14b. It is the intent of the general assembly that as a
15condition of receiving the appropriation provided in this
16subsection the department of corrections shall not enter into
17a lease or contractual agreement pursuant to section 904.809
18with a private corporation for the use of building space for
19the purpose of providing inmate employment without providing
20that the terms of the lease or contract establish safeguards to
21restrict, to the greatest extent feasible, access by inmates
22working for the private corporation to personal identifying
23information of citizens.
242. For educational programs for inmates at state penal
25institutions:
.................................................. $262,608,109
27a. To maximize the funding for educational programs,
28the department shall establish guidelines and procedures to
29prioritize the availability of educational and vocational
30training for inmates based upon the goal of facilitating an
31inmate’s successful release from the correctional institution.
32b. The director of the department of corrections may
33transfer moneys from Iowa prison industries and the canteen
34operating funds established pursuant to section 904.310, for
35use in educational programs for inmates.
-6- 1c. Notwithstanding section 8.33, moneys appropriated in
2this subsection that remain unencumbered or unobligated at the
3close of the fiscal year shall not revert but shall remain
4available to be used only for the purposes designated in this
5subsection until the close of the succeeding fiscal year.
63. For the development and operation of the Iowa corrections
7offender network (ICON) data system:
.................................................. $82,000,000
94. For offender mental health and substance abuse
10treatment:
.................................................. $1128,065
12 Sec. 5. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL
13SERVICES.
141. There is appropriated from the general fund of the state
15to the department of corrections for the fiscal year beginning
16July 1, 2021, and ending June 30, 2022, for salaries, support,
17maintenance, and miscellaneous purposes, the following amounts,
18or so much thereof as is necessary, to be used for the purposes
19designated:
20a. For the first judicial district department of
21correctional services:
.................................................. $2216,040,331
23It is the intent of the general assembly that the first
24judicial district department of correctional services maintains
25the drug courts operated by the district department.
26b. For the second judicial district department of
27correctional services:
.................................................. $2812,388,902
29It is the intent of the general assembly that the second
30judicial district department of correctional services maintains
31two drug courts to be operated by the district department.
32c. For the third judicial district department of
33correctional services:
.................................................. $347,802,557
35d. For the fourth judicial district department of
-7-1correctional services:
.................................................. $26,125,378
3e. For the fifth judicial district department of
4correctional services, including funding for electronic
5monitoring devices for use on a statewide basis:
.................................................. $623,250,182
7It is the intent of the general assembly that the fifth
8judicial district department of correctional services maintains
9the drug court operated by the district department.
10f. For the sixth judicial district department of
11correctional services:
.................................................. $1215,957,947
13It is the intent of the general assembly that the sixth
14judicial district department of correctional services maintains
15the drug court operated by the district department.
16g. For the seventh judicial district department of
17correctional services:
.................................................. $188,503,757
19It is the intent of the general assembly that the seventh
20judicial district department of correctional services maintains
21the drug court operated by the district department.
22h. For the eighth judicial district department of
23correctional services:
.................................................. $249,073,261
252. There is appropriated from the general fund of the state
26to the department of corrections for the fiscal year beginning
27July 1, 2021, and ending June 30, 2022, the following amount,
28or so much thereof as is necessary, to be used for the purposes
29designated:
30For statewide judicial assistance, support, and pilot
31projects for judicial district departments of correctional
32services:
.................................................. $33663,219
343. Each judicial district department of correctional
35services, within the moneys available, shall continue programs
-8-1and plans established within that district to provide for
2intensive supervision, sex offender treatment, diversion of
3low-risk offenders to the least restrictive sanction available,
4job development, and expanded use of intermediate criminal
5sanctions.
64. Each judicial district department of correctional
7services shall provide alternatives to prison consistent with
8chapter 901B. The alternatives to prison shall ensure public
9safety while providing maximum rehabilitation to the offender.
10A judicial district department of correctional services may
11also establish a day program.
125. The governor’s office of drug control policy shall
13consider federal grants made to the department of corrections
14for the benefit of each of the eight judicial district
15departments of correctional services as local government
16grants, as defined pursuant to federal regulations.
176. The department of corrections shall continue to contract
18with a judicial district department of correctional services to
19provide for the rental of electronic monitoring equipment which
20shall be available statewide.
217. The public safety assessment shall not be utilized
22in pretrial hearings when determining whether to detain or
23release a defendant before trial, and the use of the public
24safety assessment pilot program shall be terminated as of the
25effective date of this subsection, until such time the use of
26the public safety assessment has been specifically authorized
27by the general assembly.
28 Sec. 6. DEPARTMENT OF CORRECTIONS — REALLOCATION OF
29APPROPRIATIONS. Notwithstanding section 8.39, within
30the moneys appropriated in this Act to the department of
31corrections, the department may reallocate the moneys
32appropriated and allocated as necessary to best fulfill the
33needs of the correctional institutions, administration of
34the department, and the judicial district departments of
35correctional services. However, in addition to complying with
-9-1the requirements of sections 904.116 and 905.8 and providing
2notice to the legislative services agency, the department
3of corrections shall also provide notice to the department
4of management, prior to the effective date of the revision
5or reallocation of an appropriation made pursuant to this
6section. The department of corrections shall not reallocate an
7appropriation or allocation for the purpose of eliminating any
8program.
9 Sec. 7. INTENT — REPORTS.
101. The department of corrections, in cooperation with
11townships, the Iowa cemetery associations, and other nonprofit
12or governmental entities, may use inmate labor during the
13fiscal year beginning July 1, 2021, to restore or preserve
14rural cemeteries and historical landmarks. The department, in
15cooperation with the counties, may also use inmate labor to
16clean up roads, major water sources, and other water sources
17around the state.
182. On a quarterly basis, the department shall provide
19a status report regarding private-sector employment to the
20general assembly beginning on July 1, 2021. The report shall
21include the number of offenders employed in the private sector,
22the combined number of hours worked by the offenders, the
23total amount of allowances, and the distribution of allowances
24pursuant to section 904.702, including any moneys deposited in
25the general fund of the state.
26 Sec. 8. ELECTRONIC MONITORING REPORT. The department of
27corrections shall submit a report on electronic monitoring
28to the general assembly by January 15, 2022. The report
29shall specifically address the number of persons being
30electronically monitored and break down the number of persons
31being electronically monitored by offense committed. The
32report shall also include a comparison of any data from the
33prior fiscal year with the current fiscal year.
34 Sec. 9. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES.
351. As used in this section, unless the context otherwise
-10-1requires, “state agency” means the government of the state
2of Iowa, including but not limited to all executive branch
3departments, agencies, boards, bureaus, and commissions, the
4judicial branch, the general assembly and all legislative
5agencies, institutions within the purview of the state board of
6regents, and any corporation whose primary function is to act
7as an instrumentality of the state.
82. State agencies are encouraged to purchase products from
9Iowa state industries, as defined in section 904.802, when
10purchases are required and the products are available from
11Iowa state industries. State agencies shall obtain bids from
12Iowa state industries for purchases of office furniture during
13the fiscal year beginning July 1, 2021, exceeding $5,000 or
14in accordance with applicable administrative rules related to
15purchases for the agency.
16 Sec. 10. IOWA LAW ENFORCEMENT ACADEMY.
171. There is appropriated from the general fund of the
18state to the Iowa law enforcement academy for the fiscal year
19beginning July 1, 2021, and ending June 30, 2022, the following
20amount, or so much thereof as is necessary, to be used for the
21purposes designated:
22a. For salaries, support, maintenance, and miscellaneous
23purposes, including jailer training and technical assistance,
24and for not more than the following full-time equivalent
25positions:
.................................................. $261,222,768
............................................... FTEs2730.25
28b. The Iowa law enforcement academy may temporarily exceed
29and draw more than the amount appropriated in this subsection
30and incur a negative cash balance as long as there are
31receivables equal to or greater than the negative balance and
32the amount appropriated in this subsection is not exceeded at
33the close of the fiscal year.
342. The Iowa law enforcement academy may select at least
35five automobiles of the department of public safety, division
-11-1of state patrol, prior to turning over the automobiles to
2the department of administrative services to be disposed
3of by public auction, and the Iowa law enforcement academy
4may exchange any automobile owned by the academy for each
5automobile selected if the selected automobile is used in
6training law enforcement officers at the academy. However, any
7automobile exchanged by the academy shall be substituted for
8the selected vehicle of the department of public safety and
9sold by public auction with the receipts being deposited in the
10depreciation fund maintained pursuant to section 8A.365 to the
11credit of the department of public safety, division of state
12patrol.
133. The Iowa law enforcement academy shall provide training
14for domestic abuse and human trafficking-related issues
15throughout the state. The training shall be offered at no
16cost to the attendees and the training shall not replace any
17existing domestic abuse or human trafficking training offered
18by the academy.
19 Sec. 11. STATE PUBLIC DEFENDER. There is appropriated from
20the general fund of the state to the office of the state public
21defender of the department of inspections and appeals for the
22fiscal year beginning July 1, 2021, and ending June 30, 2022,
23the following amounts, or so much thereof as is necessary, to
24be used for the purposes designated:
251. For salaries, support, maintenance, and miscellaneous
26purposes, and for not more than the following full-time
27equivalent positions:
.................................................. $2829,531,882
............................................... FTEs29233.00
302. For payments on behalf of eligible adults and juveniles
31from the indigent defense fund, in accordance with section
32815.11:
.................................................. $3341,228,448
34 Sec. 12. BOARD OF PAROLE. There is appropriated from the
35general fund of the state to the board of parole for the fiscal
-12-1year beginning July 1, 2021, and ending June 30, 2022, the
2following amount, or so much thereof as is necessary, to be
3used for the purposes designated:
4For salaries, support, maintenance, and miscellaneous
5purposes, and for not more than the following full-time
6equivalent positions:
.................................................. $71,287,865
............................................... FTEs810.53
9 Sec. 13. DEPARTMENT OF PUBLIC DEFENSE.
101. There is appropriated from the general fund of the
11state to the department of public defense, for the fiscal year
12beginning July 1, 2021, and ending June 30, 2022, the following
13amounts, or so much thereof as is necessary, to be used for the
14purposes designated:
15For salaries, support, maintenance, and miscellaneous
16purposes, and for not more than the following full-time
17equivalent positions:
.................................................. $186,928,040
............................................... FTEs19254.00
202. The department of public defense may temporarily exceed
21and draw more than the amount appropriated in this section and
22incur a negative cash balance as long as there are receivables
23of federal funds equal to or greater than the negative balance
24and the amount appropriated in this section is not exceeded at
25the close of the fiscal year.
26 Sec. 14. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
27MANAGEMENT.
281. There is appropriated from the general fund of the state
29to the department of homeland security and emergency management
30for the fiscal year beginning July 1, 2021, and ending June
3130, 2022, the following amounts, or so much thereof as is
32necessary, to be used for the purposes designated:
33For salaries, support, maintenance, and miscellaneous
34purposes, and for not more than the following full-time
35equivalent positions:
-13-.................................................. $12,291,540
............................................... FTEs230.00
32. The department of homeland security and emergency
4management may temporarily exceed and draw more than the amount
5appropriated in this section and incur a negative cash balance
6as long as there are receivables of federal funds equal to or
7greater than the negative balance and the amount appropriated
8in this section is not exceeded at the close of the fiscal
9year.
10 Sec. 15. DEPARTMENT OF PUBLIC SAFETY. There is appropriated
11from the general fund of the state to the department of public
12safety for the fiscal year beginning July 1, 2021, and ending
13June 30, 2022, the following amounts, or so much thereof as is
14necessary, to be used for the purposes designated:
151. For administrative functions, including salaries and the
16adjustment of salaries throughout the department, the criminal
17justice information system, and for not more than the following
18full-time equivalent positions:
.................................................. $195,833,065
............................................... FTEs2043.00
212. For the division of criminal investigation, including
22the state’s contribution to the peace officers’ retirement,
23accident, and disability system provided in chapter 97A in the
24amount of the state’s normal contribution rate, as defined in
25section 97A.8, multiplied by the salaries for which the moneys
26are appropriated, to meet federal fund matching requirements,
27and for not more than the following full-time equivalent
28positions:
.................................................. $2918,216,868
............................................... FTEs30173.00
313. For the criminalistics laboratory fund created in
32section 691.9:
.................................................. $33650,000
34Notwithstanding section 8.33, moneys appropriated in this
35subsection that remain unencumbered or unobligated at the close
-14-1of the fiscal year shall not revert but shall remain available
2for expenditure for the purposes designated until the close of
3the succeeding fiscal year.
44. a. For the division of narcotics enforcement, including
5the state’s contribution to the peace officers’ retirement,
6accident, and disability system provided in chapter 97A in the
7amount of the state’s normal contribution rate, as defined in
8section 97A.8, multiplied by the salaries for which the moneys
9are appropriated, to meet federal fund matching requirements,
10and for not more than the following full-time equivalent
11positions:
.................................................. $128,428,156
............................................... FTEs1367.00
14The division of narcotics enforcement is authorized an
15additional 1.00 full-time equivalent position pursuant to
16this lettered paragraph that is in excess of the number of
17full-time equivalent positions authorized for the previous
18fiscal year only if the division of narcotics enforcement
19receives sufficient federal moneys to maintain employment
20for the additional full-time equivalent position during the
21current fiscal year. The division of narcotics enforcement
22shall only employ the additional full-time equivalent position
23in succeeding fiscal years if sufficient federal moneys are
24received during each of those succeeding fiscal years.
25b. For the division of narcotics enforcement for undercover
26purchases:
.................................................. $27209,042
285. For the division of state fire marshal, for fire
29protection services as provided through the state fire service
30and emergency response council as created in the department,
31and for the state’s contribution to the peace officers’
32retirement, accident, and disability system provided in chapter
3397A in the amount of the state’s normal contribution rate,
34as defined in section 97A.8, multiplied by the salaries for
35which the moneys are appropriated, and for not more than the
-15-1following full-time equivalent positions:
.................................................. $25,460,291
............................................... FTEs349.00
46. For the division of state patrol, for salaries, support,
5maintenance, workers’ compensation costs, and miscellaneous
6purposes, including the state’s contribution to the peace
7officers’ retirement, accident, and disability system provided
8in chapter 97A in the amount of the state’s normal contribution
9rate, as defined in section 97A.8, multiplied by the salaries
10for which the moneys are appropriated, and for not more than
11the following full-time equivalent positions:
.................................................. $1269,432,433
............................................... FTEs13506.00
14It is the intent of the general assembly that members of the
15state patrol be assigned to patrol the highways and roads in
16lieu of assignments for inspecting school buses for the school
17districts.
187. For deposit in the sick leave benefits fund established
19in section 80.42 for all departmental employees eligible to
20receive benefits for accrued sick leave under the collective
21bargaining agreement:
.................................................. $22279,517
238. For costs associated with the training and equipment
24needs of volunteer fire fighters:
.................................................. $25825,520
26Notwithstanding section 8.33, moneys appropriated in this
27subsection that remain unencumbered or unobligated at the
28close of the fiscal year shall not revert but shall remain
29available for expenditure only for the purpose designated in
30this subsection until the close of the succeeding fiscal year.
319. For the public safety interoperable and broadband
32communications fund established in section 80.44:
.................................................. $33115,661
3410. For the office to combat human trafficking established
35pursuant to section 80.45, including salaries, support,
-16-1maintenance, miscellaneous purposes, and for not more than the
2following full-time equivalent positions:
.................................................. $3197,325
............................................... FTEs42.00
511. For costs associated with the training and equipment
6needs of volunteer fire fighters:
.................................................. $750,000
812. For deposit in the public safety equipment fund
9established in section 80.48 for the purchase, maintenance, and
10replacement of equipment used by the department:
.................................................. $112,500,000
12Notwithstanding section 8.39, the department of public
13safety may reallocate moneys appropriated in this section
14as necessary to best fulfill the needs provided for in the
15appropriation. However, the department shall not reallocate
16moneys appropriated to the department in this section unless
17notice of the reallocation is given to the legislative services
18agency and the department of management prior to the effective
19date of the reallocation. The notice shall include information
20regarding the rationale for reallocating the moneys. The
21department shall not reallocate moneys appropriated in this
22section for the purpose of eliminating any program.
23 Sec. 16. GAMING ENFORCEMENT.
241. There is appropriated from the gaming enforcement
25revolving fund created in section 80.43 to the department of
26public safety for the fiscal year beginning July 1, 2021, and
27ending June 30, 2022, the following amount, or so much thereof
28as is necessary, to be used for the purposes designated:
29For any direct support costs for agents and officers of
30the division of criminal investigation’s excursion gambling
31boat, gambling structure, and racetrack enclosure enforcement
32activities, including salaries, support, maintenance, and
33miscellaneous purposes, and for not more than the following
34full-time equivalent positions:
.................................................. $3511,311,731
-17-............................................... FTEs173.00
22. For each additional license to conduct gambling games on
3an excursion gambling boat, gambling structure, or racetrack
4enclosure issued during the fiscal year beginning July 1, 2021,
5there is appropriated from the gaming enforcement fund to the
6department of public safety for the fiscal year beginning July
71, 2021, and ending June 30, 2022, an additional amount of
8not more than $300,000 to be used for full-time equivalent
9positions.
103. The department of public safety, with the approval of the
11department of management, may employ no more than three special
12agents for each additional riverboat or gambling structure
13regulated after July 1, 2022, and three special agents for
14each racing facility which becomes operational during the
15fiscal year which begins July 1, 2022. Positions authorized
16in this subsection are in addition to the full-time equivalent
17positions otherwise authorized in this section.
18 Sec. 17. CIVIL RIGHTS COMMISSION.
191. There is appropriated from the general fund of the state
20to the Iowa state civil rights commission for the fiscal year
21beginning July 1, 2021, and ending June 30, 2022, the following
22amount, or so much thereof as is necessary, to be used for the
23purposes designated:
24For salaries, support, maintenance, and miscellaneous
25purposes, and for not more than the following full-time
26equivalent positions:
.................................................. $271,320,899
............................................... FTEs2827.00
292. The Iowa state civil rights commission may enter into
30a contract with a nonprofit organization to provide legal
31assistance to resolve civil rights complaints.
32 Sec. 18. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION.
331. There is appropriated from the general fund of the state
34to the criminal and juvenile justice planning division of the
35department of human rights for the fiscal year beginning July
-18-11, 2021, and ending June 30, 2022, the following amount or
2so much thereof as is necessary, to be used for the purposes
3designated:
4a. For salaries, support, maintenance, and miscellaneous
5purposes, and for not more than the following full-time
6equivalent positions:
.................................................. $71,290,499
............................................... FTEs88.82
9b. (1) For a single grant to a program located in a city
10with a higher than average juvenile crime rate as determined
11by the criminal and juvenile justice planning division and
12a population greater than 80,000 as determined by the 2010
13federal decennial census, which may be used for studying,
14planning, programming, and capital, that is committed to
15deterring juvenile delinquency through early intervention in
16the criminal justice system by providing a comprehensive,
17multifaceted delivery of social services:
.................................................. $18140,000
19(2) The program shall use no more than 5 percent of the
20grant for administrative costs.
212. The justice advisory board and the juvenile justice
22advisory council shall coordinate their efforts in carrying out
23their respective duties relative to juvenile justice.
24 Sec. 19. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
25MANAGEMENT. There is appropriated from the 911 emergency
26communications fund created in section 34A.7A to the department
27of homeland security and emergency management for the fiscal
28year beginning July 1, 2021, and ending June 30, 2022, the
29following amount, or so much thereof as is necessary, to be
30used for the purposes designated:
31For implementation, support, and maintenance of the
32functions of the administrator and program manager under
33chapter 34A and to employ the auditor of the state to perform
34an annual audit of the 911 emergency communications fund:
.................................................. $35250,000
-19-1 Sec. 20. CONSUMER EDUCATION AND LITIGATION — FARM
2MEDIATION AND PROSECUTIONS, APPEALS, AND CLAIMS.
3Notwithstanding section 714.16C, there is appropriated from the
4consumer education and litigation fund to the department of
5justice for the fiscal year beginning July 1, 2021, and ending
6June 30, 2022, the following amounts, or so much thereof as is
7necessary, to be used for the purposes designated:
8a. For farm mediation services as specified in section
913.13, subsection 2:
.................................................. $10300,000
11b. For salaries, support, maintenance, and miscellaneous
12purposes for criminal prosecutions, criminal appeals, and
13performing duties pursuant to chapter 669:
.................................................. $142,000,000
............................................... FTEs152.00
16DIVISION II
17MISCELLANEOUS APPROPRIATIONS
18 Sec. 21. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
19MANAGEMENT — APPROPRIATION. There is appropriated from
20the general fund of the state to the department of homeland
21security and emergency management for the fiscal year beginning
22July 1, 2021, and ending June 30, 2022, the following amount,
23or so much thereof as is necessary, to be used to conduct a
24governance and funding of levee districts study:
.................................................. $25400,000
26DIVISION III
27ATTORNEY GENERAL
28 Sec. 22. Section 85.67, Code 2021, is amended to read as
29follows:
3085.67 Administration of fund — special counsel — payment of
31award.
32The attorney general shall appoint a staff member
33to represent the treasurer of state and the fund in all
34proceedings and matters arising under this subchapter. The
35attorney general shall be reimbursed up to two hundred fifteen
-20-1 four hundred fifty thousand dollars annually from the fund
2for services provided related to the fund. The commissioner
3of insurance shall consider the reimbursement to the attorney
4general as an outstanding liability when making a determination
5of funding availability under section 85.65A, subsection
62. In making an award under this subchapter, the workers’
7compensation commissioner shall specifically find the amount
8the injured employee shall be paid weekly, the number of weeks
9of compensation which shall be paid by the employer, the date
10upon which payments out of the fund shall begin, and, if
11possible, the length of time the payments shall continue.
12 Sec. 23. 2014 Iowa Acts, chapter 1138, section 21, as
13amended by 2016 Iowa Acts, chapter 1137, section 18, 2017 Iowa
14Acts, chapter 167, section 24, and 2019 Iowa Acts, chapter 163,
15section 26, is amended to read as follows:
16SEC. 21. CONSUMER EDUCATION AND LITIGATION
17FUND. Notwithstanding section 714.16C, for each fiscal
18year of the period beginning July 1, 2014, and ending June
1930, 2021 2023, the annual appropriations in section 714.16C,
20are increased from $1,125,000 to $1,875,000, and $75,000 to
21$125,000 respectively.
22DIVISION IV
23INDIGENT DEFENSE
24 Sec. 24. Section 815.7, Code 2021, is amended by adding the
25following new subsection:
26 NEW SUBSECTION. 5A. For appointments made on or after
27July 1, 2021, the reasonable compensation shall be calculated
28on the basis of seventy-six dollars per hour for class “A”
29felonies, seventy-one dollars per hour for class “B” felonies,
30and sixty-six dollars per hour for all other cases.
31EXPLANATION
32The inclusion of this explanation does not constitute agreement with
33the explanation’s substance by the members of the general assembly.
34This bill relates to and makes appropriations to the justice
35system.
-21- 1The bill makes appropriations from the general fund of
2the state for FY 2021-2022 to the departments of justice,
3corrections, public defense, public safety, and homeland
4security and emergency management, and the Iowa law enforcement
5academy, office of the state public defender, board of parole,
6Iowa state civil rights commission, and the criminal and
7juvenile justice planning division of the department of human
8rights.
9The bill appropriates moneys from the department of commerce
10revolving fund for FY 2021-2022 to the office of consumer
11advocate of the department of justice.
12The bill appropriates moneys from the gaming enforcement
13revolving fund for FY 2021-2022 to the department of public
14safety.
15The bill appropriates moneys from the 911 emergency
16communications fund for FY 2021-2022 to the department of
17homeland security and emergency management.
18The bill appropriates moneys from the consumer education and
19litigation fund for FY 2021-2022 to the department of justice
20for farm mediation services and salaries, support, maintenance,
21and miscellaneous purposes for criminal prosecutions, criminal
22appeals, and performing certain duties.
23MISCELLANEOUS APPROPRIATIONS. The bill appropriates
24moneys to the department of homeland security and emergency
25management for the fiscal year 2021-2022 to be used to conduct
26a governance and funding of levee districts study.
27ATTORNEY GENERAL. The attorney general shall appoint a
28staff member to represent the treasurer of state and the
29workers’ compensation fund in all proceedings and matters
30arising under the second injury compensation Act. The bill
31provides that the attorney general shall be reimbursed up to
32$450,000 annually from the fund for services provided related
33to the fund.
34CONSUMER EDUCATION AND LITIGATION FUND. The bill provides
35that notwithstanding Code section 714.16C, for each fiscal
-22-1year of the period beginning July 1, 2014, and ending June
230, 2023, the annual appropriations in Code section 714.16C,
3are increased from $1,125,000 to $1,875,000, and $75,000 to
4$125,000, respectively.
5INDIGENT DEFENSE. The bill increases the hourly rates for
6court-appointed counsel by $3 per hour and provides that for
7appointments made on or after July 1, 2021, the reasonable
8compensation shall be calculated on the basis of $76 per hour
9for class “A” felonies, $71 per hour for class “B” felonies,
10and $66 per hour for all other cases.
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