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House File 2559 - 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 2022-2023 APPROPRIATIONS
3 Section 1. DEPARTMENT OF JUSTICE.
41. There is appropriated from the general fund of the state
5to the department of justice for the fiscal year beginning July
61, 2022, and ending June 30, 2023, the following amounts, or
7so much thereof as is necessary, to be used for the purposes
8designated:
9a. For the general office of attorney general for
10salaries, support, maintenance, and miscellaneous purposes,
11including the prosecuting attorneys training program, matching
12funds for federal violence against women grant programs,
13victim assistance grants, the office of drug control policy
14prosecuting attorney program, and odometer fraud enforcement,
15and for not more than the following full-time equivalent
16positions:
.................................................. $176,536,696
............................................... FTEs18207.00
19As a condition of receiving the appropriation provided
20in this lettered paragraph, the department of justice shall
21maintain a record of the estimated time incurred representing
22each agency or department.
23The general office of attorney general may temporarily
24exceed and draw more than the amount appropriated in this
25lettered paragraph and incur a negative cash balance as long
26as there are receivables equal to or greater than the negative
27balances and the amount appropriated in this lettered paragraph
28is not exceeded at the close of the fiscal year.
29b. For victim assistance grants:
.................................................. $305,016,708
31The moneys appropriated in this lettered paragraph shall be
32used to provide grants to care providers providing services to
33crime victims of domestic abuse or to crime victims of rape and
34sexual assault.
35The balance of the victim compensation fund established
-1-1in section 915.94 may be used to provide salary and support
2of not more than 24.00 full-time equivalent positions and to
3provide maintenance for the victim compensation functions
4of the department of justice. In addition to the full-time
5equivalent positions authorized pursuant to this paragraph,
67.00 full-time equivalent positions are authorized and shall
7be used by the department of justice to employ one accountant
8and four program planners. The department of justice may
9employ the additional 7.00 full-time equivalent positions
10authorized pursuant to this paragraph that are in excess of the
11number of full-time equivalent positions authorized only if
12the department of justice receives sufficient federal moneys
13to maintain employment for the additional full-time equivalent
14positions during the current fiscal year. The department
15of justice shall only employ the additional 7.00 full-time
16equivalent positions in succeeding fiscal years if sufficient
17federal moneys are received during each of those succeeding
18fiscal years.
19The department of justice shall transfer at least $150,000
20from the victim compensation fund established in section 915.94
21to the victim assistance grant program established in section
2213.31.
23Notwithstanding section 8.33, moneys appropriated in this
24lettered paragraph that remain unencumbered or unobligated at
25the close of the fiscal year shall not revert but shall remain
26available for expenditure for the purposes designated until the
27close of the succeeding fiscal year.
28c. For legal services for persons in poverty grants as
29provided in section 13.34:
.................................................. $302,634,601
31d. To improve the department of justice’s cybersecurity and
32technology infrastructure:
.................................................. $33202,060
342. a. The department of justice, in submitting budget
35estimates for the fiscal year beginning July 1, 2023, pursuant
-2-1to section 8.23, shall include a report of funding from sources
2other than amounts appropriated directly from the general fund
3of the state to the department of justice or to the office of
4consumer advocate. These funding sources shall include but
5are not limited to reimbursements from other state agencies,
6commissions, boards, or similar entities, and reimbursements
7from special funds or internal accounts within the department
8of justice. The department of justice shall also report actual
9reimbursements for the fiscal year beginning July 1, 2021,
10and actual and expected reimbursements for the fiscal year
11beginning July 1, 2022.
12b. The department of justice shall include the report
13required under paragraph “a”, as well as information regarding
14any revisions occurring as a result of reimbursements actually
15received or expected at a later date, in a report to the
16general assembly. The department of justice shall submit the
17report on or before January 15, 2023.
183. a. The department of justice shall fully reimburse
19the costs and necessary related expenses incurred by the Iowa
20law enforcement academy to continue to employ one additional
21instructor position who shall provide training for human
22trafficking-related issues throughout the state.
23b. The department of justice shall obtain the moneys
24necessary to reimburse the Iowa law enforcement academy to
25employ such an instructor from unrestricted moneys from either
26the victim compensation fund established in section 915.94 or
27the human trafficking victim fund established in section 915.95
28or the human trafficking enforcement fund established in 2015
29Iowa Acts, chapter 138, section 141.
30 Sec. 2. OFFICE OF CONSUMER ADVOCATE. There is appropriated
31from the department of commerce revolving fund created in
32section 546.12 to the office of consumer advocate of the
33department of justice for the fiscal year beginning July 1,
342022, and ending June 30, 2023, the following amount, or so
35much thereof as is necessary, to be used for the purposes
-3-1designated:
2For salaries, support, maintenance, and miscellaneous
3purposes, and for not more than the following full-time
4equivalent positions:
.................................................. $53,199,004
............................................... FTEs618.00
7 Sec. 3. DEPARTMENT OF CORRECTIONS — FACILITIES.
81. There is appropriated from the general fund of the state
9to the department of corrections for the fiscal year beginning
10July 1, 2022, and ending June 30, 2023, the following amounts,
11or so much thereof as is necessary, to be used for the purposes
12designated:
13a. For the operation of the Fort Madison correctional
14facility, including salaries, support, maintenance, and
15miscellaneous purposes:
.................................................. $1644,017,405
17b. For the operation of the Anamosa correctional facility,
18including salaries, support, maintenance, and miscellaneous
19purposes:
.................................................. $2036,916,678
21c. For the operation of the Oakdale correctional facility,
22including salaries, support, maintenance, and miscellaneous
23purposes:
.................................................. $2456,353,264
25d. For the Oakdale correctional facility for
26department-wide institutional pharmaceuticals and miscellaneous
27purposes:
.................................................. $288,556,620
29e. For the operation of the Newton correctional facility,
30including salaries, support, maintenance, and miscellaneous
31purposes:
.................................................. $3230,373,418
33f. For the operation of the Mount Pleasant correctional
34facility, including salaries, support, maintenance, and
35miscellaneous purposes:
-4-.................................................. $128,516,777
2g. For the operation of the Rockwell City correctional
3facility, including salaries, support, maintenance, and
4miscellaneous purposes:
.................................................. $511,063,221
6h. For the operation of the Clarinda correctional facility,
7including salaries, support, maintenance, and miscellaneous
8purposes:
.................................................. $927,225,356
10Moneys received by the department of corrections as
11reimbursement for services provided to the Clarinda youth
12corporation are appropriated to the department and shall be
13used for the purpose of operating the Clarinda correctional
14facility.
15i. For the operation of the Mitchellville correctional
16facility, including salaries, support, maintenance, and
17miscellaneous purposes:
.................................................. $1824,868,591
19j. For the operation of the Fort Dodge correctional
20facility, including salaries, support, maintenance, and
21miscellaneous purposes:
.................................................. $2232,695,651
23k. For reimbursement of counties for temporary confinement
24of prisoners, as provided in sections 901.7, 904.908, and
25906.17, and for offenders confined pursuant to section 904.513:
.................................................. $261,195,319
27l. For federal prison reimbursement, reimbursements for
28out-of-state placements, and miscellaneous contracts:
.................................................. $29234,411
302. The department of corrections shall use moneys
31appropriated in subsection 1 to continue to contract for the
32services of a Muslim imam and a Native American spiritual
33leader.
34 Sec. 4. DEPARTMENT OF CORRECTIONS — ADMINISTRATION.
35There is appropriated from the general fund of the state to the
-5-1department of corrections for the fiscal year beginning July
21, 2022, and ending June 30, 2023, the following amounts, or
3so much thereof as is necessary, to be used for the purposes
4designated:
51. For general administration, including salaries and the
6adjustment of salaries throughout the department, support,
7maintenance, employment of an education director to administer
8a centralized education program for the correctional system,
9and miscellaneous purposes:
.................................................. $106,332,699
11a. It is the intent of the general assembly that each
12lease negotiated by the department of corrections with a
13private corporation for the purpose of providing private
14industry employment of inmates in a correctional institution
15shall prohibit the private corporation from utilizing inmate
16labor for partisan political purposes for any person seeking
17election to public office in this state and that a violation
18of this requirement shall result in a termination of the lease
19agreement.
20b. It is the intent of the general assembly that as a
21condition of receiving the appropriation provided in this
22subsection the department of corrections shall not enter into
23a lease or contractual agreement pursuant to section 904.809
24with a private corporation for the use of building space for
25the purpose of providing inmate employment without providing
26that the terms of the lease or contract establish safeguards to
27restrict, to the greatest extent feasible, access by inmates
28working for the private corporation to personal identifying
29information of citizens.
302. For educational programs for inmates at state penal
31institutions:
.................................................. $322,608,109
33a. To maximize the funding for educational programs,
34the department shall establish guidelines and procedures to
35prioritize the availability of educational and vocational
-6-1training for inmates based upon the goal of facilitating an
2inmate’s successful release from the correctional institution.
3b. The director of the department of corrections may
4transfer moneys from Iowa prison industries and the canteen
5operating funds established pursuant to section 904.310, for
6use in educational programs for inmates.
7c. Notwithstanding section 8.33, moneys appropriated in
8this subsection that remain unencumbered or unobligated at the
9close of the fiscal year shall not revert but shall remain
10available to be used only for the purposes designated in this
11subsection until the close of the succeeding fiscal year.
123. For the development and operation of the Iowa corrections
13offender network (ICON) data system:
.................................................. $142,000,000
154. For offender mental health and substance abuse
16treatment:
.................................................. $1728,065
185. For department-wide duties, including operations, costs,
19and miscellaneous purposes:
.................................................. $20243,797
21Notwithstanding section 8.33, moneys appropriated in this
22section that remain unencumbered or unobligated at the close of
23the fiscal year shall not revert but shall remain available for
24expenditure for the purposes designated until the close of the
25succeeding fiscal year.
26 Sec. 5. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL
27SERVICES.
281. There is appropriated from the general fund of the state
29to the department of corrections for the fiscal year beginning
30July 1, 2022, and ending June 30, 2023, for salaries, support,
31maintenance, and miscellaneous purposes, the following amounts,
32or so much thereof as is necessary, to be used for the purposes
33designated:
34a. For the first judicial district department of
35correctional services:
-7-.................................................. $116,236,850
2It is the intent of the general assembly that the first
3judicial district department of correctional services maintains
4the drug courts operated by the district department.
5b. For the second judicial district department of
6correctional services:
.................................................. $712,812,936
8It is the intent of the general assembly that the second
9judicial district department of correctional services maintains
10two drug courts to be operated by the district department.
11c. For the third judicial district department of
12correctional services:
.................................................. $137,724,830
14d. For the fourth judicial district department of
15correctional services:
.................................................. $166,205,083
17e. For the fifth judicial district department of
18correctional services, including funding for electronic
19monitoring devices for use on a statewide basis:
.................................................. $2023,482,704
21It is the intent of the general assembly that the fifth
22judicial district department of correctional services maintains
23the drug court operated by the district department.
24f. For the sixth judicial district department of
25correctional services:
.................................................. $2616,785,878
27It is the intent of the general assembly that the sixth
28judicial district department of correctional services maintains
29the drug court operated by the district department.
30g. For the seventh judicial district department of
31correctional services:
.................................................. $329,690,464
33It is the intent of the general assembly that the seventh
34judicial district department of correctional services maintains
35the drug court operated by the district department.
-8- 1h. For the eighth judicial district department of
2correctional services:
.................................................. $39,255,601
42. Each judicial district department of correctional
5services, within the moneys available, shall continue programs
6and plans established within that district to provide for
7intensive supervision, sex offender treatment, diversion of
8low-risk offenders to the least restrictive sanction available,
9job development, and expanded use of intermediate criminal
10sanctions.
113. Each judicial district department of correctional
12services shall provide alternatives to prison consistent with
13chapter 901B. The alternatives to prison shall ensure public
14safety while providing maximum rehabilitation to the offender.
15A judicial district department of correctional services may
16also establish a day program.
174. The governor’s office of drug control policy shall
18consider federal grants made to the department of corrections
19for the benefit of each of the eight judicial district
20departments of correctional services as local government
21grants, as defined pursuant to federal regulations.
225. The department of corrections shall continue to contract
23with a judicial district department of correctional services to
24provide for the rental of electronic monitoring equipment which
25shall be available statewide.
266. The public safety assessment shall not be utilized
27in pretrial hearings when determining whether to detain or
28release a defendant before trial, and the use of the public
29safety assessment pilot program shall be terminated as of the
30effective date of this subsection, until such time the use of
31the public safety assessment has been specifically authorized
32by the general assembly.
33 Sec. 6. DEPARTMENT OF CORRECTIONS — REALLOCATION OF
34APPROPRIATIONS. Notwithstanding section 8.39, within
35the moneys appropriated in this Act to the department of
-9-1corrections, the department may reallocate the moneys
2appropriated and allocated as necessary to best fulfill the
3needs of the correctional institutions, administration of
4the department, and the judicial district departments of
5correctional services. However, in addition to complying with
6the requirements of sections 904.116 and 905.8 and providing
7notice to the legislative services agency, the department
8of corrections shall also provide notice to the department
9of management, prior to the effective date of the revision
10or reallocation of an appropriation made pursuant to this
11section. The department of corrections shall not reallocate an
12appropriation or allocation for the purpose of eliminating any
13program.
14 Sec. 7. INTENT — REPORTS.
151. The department of corrections, in cooperation with
16townships, the Iowa cemetery associations, and other nonprofit
17or governmental entities, may use inmate labor during the
18fiscal year beginning July 1, 2022, to restore or preserve
19rural cemeteries and historical landmarks. The department, in
20cooperation with the counties, may also use inmate labor to
21clean up roads, major water sources, and other water sources
22around the state.
232. On a quarterly basis, the department shall provide
24a status report regarding private-sector employment to the
25general assembly beginning on July 1, 2022. The report shall
26include the number of offenders employed in the private sector,
27the combined number of hours worked by the offenders, the
28total amount of allowances, and the distribution of allowances
29pursuant to section 904.702, including any moneys deposited in
30the general fund of the state.
31 Sec. 8. ELECTRONIC MONITORING REPORT. The department of
32corrections shall submit a report on electronic monitoring
33to the general assembly by January 15, 2023. The report
34shall specifically address the number of persons being
35electronically monitored and break down the number of persons
-10-1being electronically monitored by offense committed. The
2report shall also include a comparison of any data from the
3prior fiscal year with the current fiscal year.
4 Sec. 9. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES.
51. As used in this section, unless the context otherwise
6requires, “state agency” means the government of the state
7of Iowa, including but not limited to all executive branch
8departments, agencies, boards, bureaus, and commissions, the
9judicial branch, the general assembly and all legislative
10agencies, institutions within the purview of the state board of
11regents, and any corporation whose primary function is to act
12as an instrumentality of the state.
132. State agencies are encouraged to purchase products from
14Iowa state industries, as defined in section 904.802, when
15purchases are required and the products are available from
16Iowa state industries. State agencies shall obtain bids from
17Iowa state industries for purchases of office furniture during
18the fiscal year beginning July 1, 2022, exceeding $5,000 or
19in accordance with applicable administrative rules related to
20purchases for the agency.
21 Sec. 10. IOWA LAW ENFORCEMENT ACADEMY.
221. There is appropriated from the general fund of the
23state to the Iowa law enforcement academy for the fiscal year
24beginning July 1, 2022, and ending June 30, 2023, the following
25amount, or so much thereof as is necessary, to be used for the
26purposes designated:
27a. For salaries, support, maintenance, and miscellaneous
28purposes, including jailer training and technical assistance,
29and for not more than the following full-time equivalent
30positions:
.................................................. $311,240,569
............................................... FTEs3230.25
33b. The Iowa law enforcement academy may temporarily exceed
34and draw more than the amount appropriated in this subsection
35and incur a negative cash balance as long as there are
-11-1receivables equal to or greater than the negative balance and
2the amount appropriated in this subsection is not exceeded at
3the close of the fiscal year.
42. The Iowa law enforcement academy may select at least
5five automobiles of the department of public safety, division
6of state patrol, prior to turning over the automobiles to
7the department of administrative services to be disposed
8of by public auction, and the Iowa law enforcement academy
9may exchange any automobile owned by the academy for each
10automobile selected if the selected automobile is used in
11training law enforcement officers at the academy. However, any
12automobile exchanged by the academy shall be substituted for
13the selected vehicle of the department of public safety and
14sold by public auction with the receipts being deposited in the
15depreciation fund maintained pursuant to section 8A.365 to the
16credit of the department of public safety, division of state
17patrol.
183. The Iowa law enforcement academy shall provide training
19for domestic abuse and human trafficking-related issues
20throughout the state. The training shall be offered at no
21cost to the attendees and the training shall not replace any
22existing domestic abuse or human trafficking training offered
23by the academy.
24 Sec. 11. STATE PUBLIC DEFENDER. There is appropriated from
25the general fund of the state to the office of the state public
26defender of the department of inspections and appeals for the
27fiscal year beginning July 1, 2022, and ending June 30, 2023,
28the following amounts, or so much thereof as is necessary, to
29be used for the purposes designated:
301. For salaries, support, maintenance, and miscellaneous
31purposes, and for not more than the following full-time
32equivalent positions:
.................................................. $3330,137,092
............................................... FTEs34234.00
35Moneys received by the office of the state public defender
-12-1pursuant to Tit.IV-E of the federal Social Security Act
2remaining unencumbered and unobligated at the end of the fiscal
3year shall not revert, but shall be transferred to the Tit.
4IV-E juvenile justice improvement fund to remain available for
5expenditures by the office of the state public defender in
6succeeding fiscal years for the purposes allowed by Tit.IV-E
7of the federal Social Security Act.
82. For payments on behalf of eligible adults and juveniles
9from the indigent defense fund, in accordance with section
10815.11:
.................................................. $1142,760,374
12Moneys received by the office of the state public defender
13pursuant to Tit.IV-E of the federal Social Security Act
14remaining unencumbered and unobligated at the end of the fiscal
15year shall not revert, but shall be transferred to the Tit.
16IV-E juvenile justice improvement fund to remain available for
17expenditures by the office of the state public defender in
18succeeding fiscal years for the purposes allowed by Tit.IV-E
19of the federal Social Security Act.
203. TITLE IV-E JUVENILE JUSTICE IMPROVEMENT FUND — OFFICE
21OF THE STATE PUBLIC DEFENDER. A Tit.IV-E juvenile justice
22improvement fund is created in the state treasury. The fund
23shall consist of moneys received by the office of the state
24public defender pursuant to Tit.IV-E of the federal Social
25Security Act that remain unencumbered and unobligated at
26the end of a fiscal year. Moneys deposited in the fund are
27appropriated to and shall be administered by the office of the
28state public defender and shall be available for expenditure by
29the office of the state public defender in succeeding fiscal
30years for the purposes allowed by Tit.IV-E of the federal
31Social Security Act.
32 Sec. 12. BOARD OF PAROLE. There is appropriated from the
33general fund of the state to the board of parole for the fiscal
34year beginning July 1, 2022, and ending June 30, 2023, the
35following amount, or so much thereof as is necessary, to be
-13-1used for the purposes designated:
2For salaries, support, maintenance, and miscellaneous
3purposes, and for not more than the following full-time
4equivalent positions:
.................................................. $51,309,622
............................................... FTEs610.53
7 Sec. 13. DEPARTMENT OF PUBLIC DEFENSE.
81. There is appropriated from the general fund of the
9state to the department of public defense, for the fiscal year
10beginning July 1, 2022, and ending June 30, 2023, the following
11amounts, or so much thereof as is necessary, to be used for the
12purposes designated:
13For salaries, support, maintenance, and miscellaneous
14purposes, and for not more than the following full-time
15equivalent positions:
.................................................. $167,018,538
............................................... FTEs17248.00
182. The department of public defense may temporarily exceed
19and draw more than the amount appropriated in this section and
20incur a negative cash balance as long as there are receivables
21of federal funds equal to or greater than the negative balance
22and the amount appropriated in this section is not exceeded at
23the close of the fiscal year.
24 Sec. 14. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
25MANAGEMENT.
261. There is appropriated from the general fund of the state
27to the department of homeland security and emergency management
28for the fiscal year beginning July 1, 2022, and ending June
2930, 2023, the following amounts, or so much thereof as is
30necessary, to be used for the purposes designated:
31For salaries, support, maintenance, and miscellaneous
32purposes, and for not more than the following full-time
33equivalent positions:
.................................................. $342,289,453
............................................... FTEs3526.41
-14- 12. The department of homeland security and emergency
2management may temporarily exceed and draw more than the amount
3appropriated in this section and incur a negative cash balance
4as long as there are receivables of federal funds equal to or
5greater than the negative balance and the amount appropriated
6in this section is not exceeded at the close of the fiscal
7year.
8 Sec. 15. DEPARTMENT OF PUBLIC SAFETY. There is appropriated
9from the general fund of the state to the department of public
10safety for the fiscal year beginning July 1, 2022, and ending
11June 30, 2023, the following amounts, or so much thereof as is
12necessary, to be used for the purposes designated:
131. For administrative functions, including salaries and the
14adjustment of salaries throughout the department, the criminal
15justice information system, and for not more than the following
16full-time equivalent positions:
.................................................. $175,952,249
............................................... FTEs1845.00
192. For the division of criminal investigation, including
20the state’s contribution to the peace officers’ retirement,
21accident, and disability system provided in chapter 97A in the
22amount of the state’s normal contribution rate, as defined in
23section 97A.8, multiplied by the salaries for which the moneys
24are appropriated, to meet federal fund matching requirements,
25and for not more than the following full-time equivalent
26positions:
.................................................. $2719,732,130
............................................... FTEs28180.00
293. For the criminalistics laboratory fund created in
30section 691.9:
.................................................. $31650,000
32Notwithstanding section 8.33, moneys appropriated in this
33subsection that remain unencumbered or unobligated at the close
34of the fiscal year shall not revert but shall remain available
35for expenditure for the purposes designated until the close of
-15-1the succeeding fiscal year.
24. a. For the division of narcotics enforcement, including
3the state’s contribution to the peace officers’ retirement,
4accident, and disability system provided in chapter 97A in the
5amount of the state’s normal contribution rate, as defined in
6section 97A.8, multiplied by the salaries for which the moneys
7are appropriated, to meet federal fund matching requirements,
8and for not more than the following full-time equivalent
9positions:
.................................................. $108,622,414
............................................... FTEs1167.00
12The division of narcotics enforcement is authorized an
13additional 1.00 full-time equivalent position pursuant to
14this lettered paragraph that is in excess of the number of
15full-time equivalent positions authorized for the previous
16fiscal year only if the division of narcotics enforcement
17receives sufficient federal moneys to maintain employment
18for the additional full-time equivalent positions during the
19current fiscal year. The division of narcotics enforcement
20shall only employ the additional full-time equivalent positions
21in succeeding fiscal years if sufficient federal moneys are
22received during each of those succeeding fiscal years.
23b. For the division of narcotics enforcement for undercover
24purchases:
.................................................. $25209,042
265. For the division of state fire marshal, for fire
27protection services as provided through the state fire service
28and emergency response council as created in the department,
29and for the state’s contribution to the peace officers’
30retirement, accident, and disability system provided in chapter
3197A in the amount of the state’s normal contribution rate,
32as defined in section 97A.8, multiplied by the salaries for
33which the moneys are appropriated, and for not more than the
34following full-time equivalent positions:
.................................................. $355,608,320
-16-............................................... FTEs149.00
26. For the division of state patrol, for salaries, support,
3maintenance, workers’ compensation costs, and miscellaneous
4purposes, including the state’s contribution to the peace
5officers’ retirement, accident, and disability system provided
6in chapter 97A in the amount of the state’s normal contribution
7rate, as defined in section 97A.8, multiplied by the salaries
8for which the moneys are appropriated, and for not more than
9the following full-time equivalent positions:
.................................................. $1071,480,416
............................................... FTEs11506.00
12It is the intent of the general assembly that members of the
13state patrol be assigned to patrol the highways and roads in
14lieu of assignments for inspecting school buses for the school
15districts.
167. For deposit in the sick leave benefits fund established
17in section 80.42 for all departmental employees eligible to
18receive benefits for accrued sick leave under the collective
19bargaining agreement:
.................................................. $20279,517
218. For costs associated with the training and equipment
22needs of volunteer fire fighters:
.................................................. $231,025,520
24Notwithstanding section 8.33, moneys appropriated in this
25subsection that remain unencumbered or unobligated at the
26close of the fiscal year shall not revert but shall remain
27available for expenditure only for the purpose designated in
28this subsection until the close of the succeeding fiscal year.
299. For the public safety interoperable and broadband
30communications fund established in section 80.44:
.................................................. $31115,661
3210. For the office to combat human trafficking established
33pursuant to section 80.45, including salaries, support,
34maintenance, and miscellaneous purposes, and for not more than
35the following full-time equivalent positions:
-17-.................................................. $1200,941
............................................... FTEs22.00
311. For costs associated with the training and equipment
4needs of volunteer fire fighters:
.................................................. $550,000
612. For deposit in the public safety equipment fund
7established in section 80.48 for the purchase, maintenance, and
8replacement of equipment used by the department:
.................................................. $92,500,000
10Notwithstanding section 8.39, the department of public
11safety may reallocate moneys appropriated in this section
12as necessary to best fulfill the needs provided for in the
13appropriation. However, the department shall not reallocate
14moneys appropriated to the department in this section unless
15notice of the reallocation is given to the legislative services
16agency and the department of management prior to the effective
17date of the reallocation. The notice shall include information
18regarding the rationale for reallocating the moneys. The
19department shall not reallocate moneys appropriated in this
20section for the purpose of eliminating any program.
21 Sec. 16. GAMING ENFORCEMENT.
221. There is appropriated from the gaming enforcement
23revolving fund created in section 80.43 to the department of
24public safety for the fiscal year beginning July 1, 2022, and
25ending June 30, 2023, the following amount, or so much thereof
26as is necessary, to be used for the purposes designated:
27For any direct support costs for agents and officers of
28the division of criminal investigation’s excursion gambling
29boat, gambling structure, and racetrack enclosure enforcement
30activities, including salaries, support, maintenance, and
31miscellaneous purposes, and for not more than the following
32full-time equivalent positions:
.................................................. $3310,556,268
............................................... FTEs3465.00
352. For each additional license to conduct gambling games on
-18-1an excursion gambling boat, gambling structure, or racetrack
2enclosure issued during the fiscal year beginning July 1, 2022,
3there is appropriated from the gaming enforcement fund to the
4department of public safety for the fiscal year beginning July
51, 2022, and ending June 30, 2023, an additional amount of
6not more than $300,000 to be used for full-time equivalent
7positions.
83. The department of public safety, with the approval of the
9department of management, may employ no more than three special
10agents for each additional riverboat or gambling structure
11regulated after July 1, 2023, and three special agents for
12each racing facility which becomes operational during the
13fiscal year which begins July 1, 2023. Positions authorized
14in this subsection are in addition to the full-time equivalent
15positions otherwise authorized in this section.
16 Sec. 17. CIVIL RIGHTS COMMISSION.
171. There is appropriated from the general fund of the state
18to the Iowa state civil rights commission for the fiscal year
19beginning July 1, 2022, and ending June 30, 2023, the following
20amount, or so much thereof as is necessary, to be used for the
21purposes designated:
22For salaries, support, maintenance, and miscellaneous
23purposes, and for not more than the following full-time
24equivalent positions:
.................................................. $251,344,002
............................................... FTEs2627.00
272. The Iowa state civil rights commission may enter into
28a contract with a nonprofit organization to provide legal
29assistance to resolve civil rights complaints.
30 Sec. 18. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION.
311. There is appropriated from the general fund of the state
32to the criminal and juvenile justice planning division of the
33department of human rights for the fiscal year beginning July
341, 2022, and ending June 30, 2023, the following amount or
35so much thereof as is necessary, to be used for the purposes
-19-1designated:
2a. For salaries, support, maintenance, and miscellaneous
3purposes, and for not more than the following full-time
4equivalent positions:
.................................................. $51,343,136
............................................... FTEs68.89
7b. (1) For a single grant to a program located in a city
8with a higher than average juvenile crime rate as determined
9by the criminal and juvenile justice planning division and
10a population greater than 80,000 as determined by the 2010
11federal decennial census, which may be used for studying,
12planning, programming, and capital, that is committed to
13deterring juvenile delinquency through early intervention in
14the criminal justice system by providing a comprehensive,
15multifaceted delivery of social services and which shall meet
16the guiding principles and standards for assessment centers set
17forth by the national assessment center association:
.................................................. $18140,000
19(2) The program shall use no more than 5 percent of the
20grant for administrative costs.
21(3) A city shall not receive a grant under this paragraph,
22or a similar grant from the state of Iowa, for more than
23two consecutive fiscal years unless no other city meets the
24requirements specified in subparagraph (1).
252. The justice advisory board and the juvenile justice
26advisory council shall coordinate their efforts in carrying out
27their respective duties relative to juvenile justice.
28 Sec. 19. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
29MANAGEMENT. There is appropriated from the 911 emergency
30communications fund created in section 34A.7A to the department
31of homeland security and emergency management for the fiscal
32year beginning July 1, 2022, and ending June 30, 2023, the
33following amount, or so much thereof as is necessary, to be
34used for the purposes designated:
35For implementation, support, and maintenance of the
-20-1functions of the administrator and program manager under
2chapter 34A and to employ the auditor of the state to perform
3an annual audit of the 911 emergency communications fund:
.................................................. $4250,000
5 Sec. 20. CONSUMER EDUCATION AND LITIGATION — FARM
6MEDIATION AND PROSECUTIONS, APPEALS, AND CLAIMS.
7Notwithstanding section 714.16C, there is appropriated from the
8consumer education and litigation fund to the department of
9justice for the fiscal year beginning July 1, 2022, and ending
10June 30, 2023, the following amounts, or so much thereof as is
11necessary, to be used for the purposes designated:
121. For farm mediation services as specified in section
1313.13, subsection 2:
.................................................. $14300,000
152. For salaries, support, maintenance, and miscellaneous
16purposes for criminal prosecutions, criminal appeals, and
17performing duties pursuant to chapter 669:
.................................................. $182,000,000
19DIVISION II
20INDIGENT DEFENSE
21 Sec. 21. Section 815.7, Code 2022, is amended by adding the
22following new subsection:
23 NEW SUBSECTION. 6A. For appointments made on or after July
241, 2022, the reasonable compensation shall be calculated on the
25basis of seventy-nine dollars per hour for class “A” felonies,
26seventy-four dollars per hour for class “B” felonies, and
27sixty-nine dollars per hour for all other cases.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31This bill relates to and makes appropriations to the justice
32system. The bill is organized by divisions.
33FY 2022-2023 APPROPRIATIONS. The bill makes appropriations
34from the general fund of the state for FY 2022-2023 to the
35departments of justice, corrections, public defense, public
-21-1safety, and homeland security and emergency management, and
2the Iowa law enforcement academy, office of the state public
3defender, board of parole, Iowa state civil rights commission,
4and the criminal and juvenile justice planning division of the
5department of human rights.
6The bill appropriates moneys from the department of commerce
7revolving fund for FY 2022-2023 to the office of consumer
8advocate of the department of justice.
9The bill appropriates moneys from the gaming enforcement
10revolving fund for FY 2022-2023 to the department of public
11safety.
12The bill appropriates moneys from the 911 emergency
13communications fund for FY 2022-2023 to the department of
14homeland security and emergency management.
15The bill appropriates moneys from the consumer education and
16litigation fund for FY 2022-2023 to the department of justice
17for farm mediation services and salaries, support, maintenance,
18and miscellaneous purposes for criminal prosecutions, criminal
19appeals, and performing certain duties.
20INDIGENT DEFENSE. The bill increases the hourly rates for
21court-appointed counsel by $3 per hour and provides that for
22appointments made on or after July 1, 2022, the reasonable
23compensation shall be calculated on the basis of $79 per hour
24for class “A” felonies, $74 per hour for class “B” felonies,
25and $69 per hour for all other cases.
-22-as/tm
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2FY 2022-2023 APPROPRIATIONS
3 Section 1. DEPARTMENT OF JUSTICE.
41. There is appropriated from the general fund of the state
5to the department of justice for the fiscal year beginning July
61, 2022, and ending June 30, 2023, the following amounts, or
7so much thereof as is necessary, to be used for the purposes
8designated:
9a. For the general office of attorney general for
10salaries, support, maintenance, and miscellaneous purposes,
11including the prosecuting attorneys training program, matching
12funds for federal violence against women grant programs,
13victim assistance grants, the office of drug control policy
14prosecuting attorney program, and odometer fraud enforcement,
15and for not more than the following full-time equivalent
16positions:
.................................................. $176,536,696
............................................... FTEs18207.00
19As a condition of receiving the appropriation provided
20in this lettered paragraph, the department of justice shall
21maintain a record of the estimated time incurred representing
22each agency or department.
23The general office of attorney general may temporarily
24exceed and draw more than the amount appropriated in this
25lettered paragraph and incur a negative cash balance as long
26as there are receivables equal to or greater than the negative
27balances and the amount appropriated in this lettered paragraph
28is not exceeded at the close of the fiscal year.
29b. For victim assistance grants:
.................................................. $305,016,708
31The moneys appropriated in this lettered paragraph shall be
32used to provide grants to care providers providing services to
33crime victims of domestic abuse or to crime victims of rape and
34sexual assault.
35The balance of the victim compensation fund established
-1-1in section 915.94 may be used to provide salary and support
2of not more than 24.00 full-time equivalent positions and to
3provide maintenance for the victim compensation functions
4of the department of justice. In addition to the full-time
5equivalent positions authorized pursuant to this paragraph,
67.00 full-time equivalent positions are authorized and shall
7be used by the department of justice to employ one accountant
8and four program planners. The department of justice may
9employ the additional 7.00 full-time equivalent positions
10authorized pursuant to this paragraph that are in excess of the
11number of full-time equivalent positions authorized only if
12the department of justice receives sufficient federal moneys
13to maintain employment for the additional full-time equivalent
14positions during the current fiscal year. The department
15of justice shall only employ the additional 7.00 full-time
16equivalent positions in succeeding fiscal years if sufficient
17federal moneys are received during each of those succeeding
18fiscal years.
19The department of justice shall transfer at least $150,000
20from the victim compensation fund established in section 915.94
21to the victim assistance grant program established in section
2213.31.
23Notwithstanding section 8.33, moneys appropriated in this
24lettered paragraph that remain unencumbered or unobligated at
25the close of the fiscal year shall not revert but shall remain
26available for expenditure for the purposes designated until the
27close of the succeeding fiscal year.
28c. For legal services for persons in poverty grants as
29provided in section 13.34:
.................................................. $302,634,601
31d. To improve the department of justice’s cybersecurity and
32technology infrastructure:
.................................................. $33202,060
342. a. The department of justice, in submitting budget
35estimates for the fiscal year beginning July 1, 2023, pursuant
-2-1to section 8.23, shall include a report of funding from sources
2other than amounts appropriated directly from the general fund
3of the state to the department of justice or to the office of
4consumer advocate. These funding sources shall include but
5are not limited to reimbursements from other state agencies,
6commissions, boards, or similar entities, and reimbursements
7from special funds or internal accounts within the department
8of justice. The department of justice shall also report actual
9reimbursements for the fiscal year beginning July 1, 2021,
10and actual and expected reimbursements for the fiscal year
11beginning July 1, 2022.
12b. The department of justice shall include the report
13required under paragraph “a”, as well as information regarding
14any revisions occurring as a result of reimbursements actually
15received or expected at a later date, in a report to the
16general assembly. The department of justice shall submit the
17report on or before January 15, 2023.
183. a. The department of justice shall fully reimburse
19the costs and necessary related expenses incurred by the Iowa
20law enforcement academy to continue to employ one additional
21instructor position who shall provide training for human
22trafficking-related issues throughout the state.
23b. The department of justice shall obtain the moneys
24necessary to reimburse the Iowa law enforcement academy to
25employ such an instructor from unrestricted moneys from either
26the victim compensation fund established in section 915.94 or
27the human trafficking victim fund established in section 915.95
28or the human trafficking enforcement fund established in 2015
29Iowa Acts, chapter 138, section 141.
30 Sec. 2. OFFICE OF CONSUMER ADVOCATE. There is appropriated
31from the department of commerce revolving fund created in
32section 546.12 to the office of consumer advocate of the
33department of justice for the fiscal year beginning July 1,
342022, and ending June 30, 2023, the following amount, or so
35much thereof as is necessary, to be used for the purposes
-3-1designated:
2For salaries, support, maintenance, and miscellaneous
3purposes, and for not more than the following full-time
4equivalent positions:
.................................................. $53,199,004
............................................... FTEs618.00
7 Sec. 3. DEPARTMENT OF CORRECTIONS — FACILITIES.
81. There is appropriated from the general fund of the state
9to the department of corrections for the fiscal year beginning
10July 1, 2022, and ending June 30, 2023, the following amounts,
11or so much thereof as is necessary, to be used for the purposes
12designated:
13a. For the operation of the Fort Madison correctional
14facility, including salaries, support, maintenance, and
15miscellaneous purposes:
.................................................. $1644,017,405
17b. For the operation of the Anamosa correctional facility,
18including salaries, support, maintenance, and miscellaneous
19purposes:
.................................................. $2036,916,678
21c. For the operation of the Oakdale correctional facility,
22including salaries, support, maintenance, and miscellaneous
23purposes:
.................................................. $2456,353,264
25d. For the Oakdale correctional facility for
26department-wide institutional pharmaceuticals and miscellaneous
27purposes:
.................................................. $288,556,620
29e. For the operation of the Newton correctional facility,
30including salaries, support, maintenance, and miscellaneous
31purposes:
.................................................. $3230,373,418
33f. For the operation of the Mount Pleasant correctional
34facility, including salaries, support, maintenance, and
35miscellaneous purposes:
-4-.................................................. $128,516,777
2g. For the operation of the Rockwell City correctional
3facility, including salaries, support, maintenance, and
4miscellaneous purposes:
.................................................. $511,063,221
6h. For the operation of the Clarinda correctional facility,
7including salaries, support, maintenance, and miscellaneous
8purposes:
.................................................. $927,225,356
10Moneys received by the department of corrections as
11reimbursement for services provided to the Clarinda youth
12corporation are appropriated to the department and shall be
13used for the purpose of operating the Clarinda correctional
14facility.
15i. For the operation of the Mitchellville correctional
16facility, including salaries, support, maintenance, and
17miscellaneous purposes:
.................................................. $1824,868,591
19j. For the operation of the Fort Dodge correctional
20facility, including salaries, support, maintenance, and
21miscellaneous purposes:
.................................................. $2232,695,651
23k. For reimbursement of counties for temporary confinement
24of prisoners, as provided in sections 901.7, 904.908, and
25906.17, and for offenders confined pursuant to section 904.513:
.................................................. $261,195,319
27l. For federal prison reimbursement, reimbursements for
28out-of-state placements, and miscellaneous contracts:
.................................................. $29234,411
302. The department of corrections shall use moneys
31appropriated in subsection 1 to continue to contract for the
32services of a Muslim imam and a Native American spiritual
33leader.
34 Sec. 4. DEPARTMENT OF CORRECTIONS — ADMINISTRATION.
35There is appropriated from the general fund of the state to the
-5-1department of corrections for the fiscal year beginning July
21, 2022, and ending June 30, 2023, the following amounts, or
3so much thereof as is necessary, to be used for the purposes
4designated:
51. For general administration, including salaries and the
6adjustment of salaries throughout the department, support,
7maintenance, employment of an education director to administer
8a centralized education program for the correctional system,
9and miscellaneous purposes:
.................................................. $106,332,699
11a. It is the intent of the general assembly that each
12lease negotiated by the department of corrections with a
13private corporation for the purpose of providing private
14industry employment of inmates in a correctional institution
15shall prohibit the private corporation from utilizing inmate
16labor for partisan political purposes for any person seeking
17election to public office in this state and that a violation
18of this requirement shall result in a termination of the lease
19agreement.
20b. It is the intent of the general assembly that as a
21condition of receiving the appropriation provided in this
22subsection the department of corrections shall not enter into
23a lease or contractual agreement pursuant to section 904.809
24with a private corporation for the use of building space for
25the purpose of providing inmate employment without providing
26that the terms of the lease or contract establish safeguards to
27restrict, to the greatest extent feasible, access by inmates
28working for the private corporation to personal identifying
29information of citizens.
302. For educational programs for inmates at state penal
31institutions:
.................................................. $322,608,109
33a. To maximize the funding for educational programs,
34the department shall establish guidelines and procedures to
35prioritize the availability of educational and vocational
-6-1training for inmates based upon the goal of facilitating an
2inmate’s successful release from the correctional institution.
3b. The director of the department of corrections may
4transfer moneys from Iowa prison industries and the canteen
5operating funds established pursuant to section 904.310, for
6use in educational programs for inmates.
7c. Notwithstanding section 8.33, moneys appropriated in
8this subsection that remain unencumbered or unobligated at the
9close of the fiscal year shall not revert but shall remain
10available to be used only for the purposes designated in this
11subsection until the close of the succeeding fiscal year.
123. For the development and operation of the Iowa corrections
13offender network (ICON) data system:
.................................................. $142,000,000
154. For offender mental health and substance abuse
16treatment:
.................................................. $1728,065
185. For department-wide duties, including operations, costs,
19and miscellaneous purposes:
.................................................. $20243,797
21Notwithstanding section 8.33, moneys appropriated in this
22section that remain unencumbered or unobligated at the close of
23the fiscal year shall not revert but shall remain available for
24expenditure for the purposes designated until the close of the
25succeeding fiscal year.
26 Sec. 5. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL
27SERVICES.
281. There is appropriated from the general fund of the state
29to the department of corrections for the fiscal year beginning
30July 1, 2022, and ending June 30, 2023, for salaries, support,
31maintenance, and miscellaneous purposes, the following amounts,
32or so much thereof as is necessary, to be used for the purposes
33designated:
34a. For the first judicial district department of
35correctional services:
-7-.................................................. $116,236,850
2It is the intent of the general assembly that the first
3judicial district department of correctional services maintains
4the drug courts operated by the district department.
5b. For the second judicial district department of
6correctional services:
.................................................. $712,812,936
8It is the intent of the general assembly that the second
9judicial district department of correctional services maintains
10two drug courts to be operated by the district department.
11c. For the third judicial district department of
12correctional services:
.................................................. $137,724,830
14d. For the fourth judicial district department of
15correctional services:
.................................................. $166,205,083
17e. For the fifth judicial district department of
18correctional services, including funding for electronic
19monitoring devices for use on a statewide basis:
.................................................. $2023,482,704
21It is the intent of the general assembly that the fifth
22judicial district department of correctional services maintains
23the drug court operated by the district department.
24f. For the sixth judicial district department of
25correctional services:
.................................................. $2616,785,878
27It is the intent of the general assembly that the sixth
28judicial district department of correctional services maintains
29the drug court operated by the district department.
30g. For the seventh judicial district department of
31correctional services:
.................................................. $329,690,464
33It is the intent of the general assembly that the seventh
34judicial district department of correctional services maintains
35the drug court operated by the district department.
-8- 1h. For the eighth judicial district department of
2correctional services:
.................................................. $39,255,601
42. Each judicial district department of correctional
5services, within the moneys available, shall continue programs
6and plans established within that district to provide for
7intensive supervision, sex offender treatment, diversion of
8low-risk offenders to the least restrictive sanction available,
9job development, and expanded use of intermediate criminal
10sanctions.
113. Each judicial district department of correctional
12services shall provide alternatives to prison consistent with
13chapter 901B. The alternatives to prison shall ensure public
14safety while providing maximum rehabilitation to the offender.
15A judicial district department of correctional services may
16also establish a day program.
174. The governor’s office of drug control policy shall
18consider federal grants made to the department of corrections
19for the benefit of each of the eight judicial district
20departments of correctional services as local government
21grants, as defined pursuant to federal regulations.
225. The department of corrections shall continue to contract
23with a judicial district department of correctional services to
24provide for the rental of electronic monitoring equipment which
25shall be available statewide.
266. The public safety assessment shall not be utilized
27in pretrial hearings when determining whether to detain or
28release a defendant before trial, and the use of the public
29safety assessment pilot program shall be terminated as of the
30effective date of this subsection, until such time the use of
31the public safety assessment has been specifically authorized
32by the general assembly.
33 Sec. 6. DEPARTMENT OF CORRECTIONS — REALLOCATION OF
34APPROPRIATIONS. Notwithstanding section 8.39, within
35the moneys appropriated in this Act to the department of
-9-1corrections, the department may reallocate the moneys
2appropriated and allocated as necessary to best fulfill the
3needs of the correctional institutions, administration of
4the department, and the judicial district departments of
5correctional services. However, in addition to complying with
6the requirements of sections 904.116 and 905.8 and providing
7notice to the legislative services agency, the department
8of corrections shall also provide notice to the department
9of management, prior to the effective date of the revision
10or reallocation of an appropriation made pursuant to this
11section. The department of corrections shall not reallocate an
12appropriation or allocation for the purpose of eliminating any
13program.
14 Sec. 7. INTENT — REPORTS.
151. The department of corrections, in cooperation with
16townships, the Iowa cemetery associations, and other nonprofit
17or governmental entities, may use inmate labor during the
18fiscal year beginning July 1, 2022, to restore or preserve
19rural cemeteries and historical landmarks. The department, in
20cooperation with the counties, may also use inmate labor to
21clean up roads, major water sources, and other water sources
22around the state.
232. On a quarterly basis, the department shall provide
24a status report regarding private-sector employment to the
25general assembly beginning on July 1, 2022. The report shall
26include the number of offenders employed in the private sector,
27the combined number of hours worked by the offenders, the
28total amount of allowances, and the distribution of allowances
29pursuant to section 904.702, including any moneys deposited in
30the general fund of the state.
31 Sec. 8. ELECTRONIC MONITORING REPORT. The department of
32corrections shall submit a report on electronic monitoring
33to the general assembly by January 15, 2023. The report
34shall specifically address the number of persons being
35electronically monitored and break down the number of persons
-10-1being electronically monitored by offense committed. The
2report shall also include a comparison of any data from the
3prior fiscal year with the current fiscal year.
4 Sec. 9. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES.
51. As used in this section, unless the context otherwise
6requires, “state agency” means the government of the state
7of Iowa, including but not limited to all executive branch
8departments, agencies, boards, bureaus, and commissions, the
9judicial branch, the general assembly and all legislative
10agencies, institutions within the purview of the state board of
11regents, and any corporation whose primary function is to act
12as an instrumentality of the state.
132. State agencies are encouraged to purchase products from
14Iowa state industries, as defined in section 904.802, when
15purchases are required and the products are available from
16Iowa state industries. State agencies shall obtain bids from
17Iowa state industries for purchases of office furniture during
18the fiscal year beginning July 1, 2022, exceeding $5,000 or
19in accordance with applicable administrative rules related to
20purchases for the agency.
21 Sec. 10. IOWA LAW ENFORCEMENT ACADEMY.
221. There is appropriated from the general fund of the
23state to the Iowa law enforcement academy for the fiscal year
24beginning July 1, 2022, and ending June 30, 2023, the following
25amount, or so much thereof as is necessary, to be used for the
26purposes designated:
27a. For salaries, support, maintenance, and miscellaneous
28purposes, including jailer training and technical assistance,
29and for not more than the following full-time equivalent
30positions:
.................................................. $311,240,569
............................................... FTEs3230.25
33b. The Iowa law enforcement academy may temporarily exceed
34and draw more than the amount appropriated in this subsection
35and incur a negative cash balance as long as there are
-11-1receivables equal to or greater than the negative balance and
2the amount appropriated in this subsection is not exceeded at
3the close of the fiscal year.
42. The Iowa law enforcement academy may select at least
5five automobiles of the department of public safety, division
6of state patrol, prior to turning over the automobiles to
7the department of administrative services to be disposed
8of by public auction, and the Iowa law enforcement academy
9may exchange any automobile owned by the academy for each
10automobile selected if the selected automobile is used in
11training law enforcement officers at the academy. However, any
12automobile exchanged by the academy shall be substituted for
13the selected vehicle of the department of public safety and
14sold by public auction with the receipts being deposited in the
15depreciation fund maintained pursuant to section 8A.365 to the
16credit of the department of public safety, division of state
17patrol.
183. The Iowa law enforcement academy shall provide training
19for domestic abuse and human trafficking-related issues
20throughout the state. The training shall be offered at no
21cost to the attendees and the training shall not replace any
22existing domestic abuse or human trafficking training offered
23by the academy.
24 Sec. 11. STATE PUBLIC DEFENDER. There is appropriated from
25the general fund of the state to the office of the state public
26defender of the department of inspections and appeals for the
27fiscal year beginning July 1, 2022, and ending June 30, 2023,
28the following amounts, or so much thereof as is necessary, to
29be used for the purposes designated:
301. For salaries, support, maintenance, and miscellaneous
31purposes, and for not more than the following full-time
32equivalent positions:
.................................................. $3330,137,092
............................................... FTEs34234.00
35Moneys received by the office of the state public defender
-12-1pursuant to Tit.IV-E of the federal Social Security Act
2remaining unencumbered and unobligated at the end of the fiscal
3year shall not revert, but shall be transferred to the Tit.
4IV-E juvenile justice improvement fund to remain available for
5expenditures by the office of the state public defender in
6succeeding fiscal years for the purposes allowed by Tit.IV-E
7of the federal Social Security Act.
82. For payments on behalf of eligible adults and juveniles
9from the indigent defense fund, in accordance with section
10815.11:
.................................................. $1142,760,374
12Moneys received by the office of the state public defender
13pursuant to Tit.IV-E of the federal Social Security Act
14remaining unencumbered and unobligated at the end of the fiscal
15year shall not revert, but shall be transferred to the Tit.
16IV-E juvenile justice improvement fund to remain available for
17expenditures by the office of the state public defender in
18succeeding fiscal years for the purposes allowed by Tit.IV-E
19of the federal Social Security Act.
203. TITLE IV-E JUVENILE JUSTICE IMPROVEMENT FUND — OFFICE
21OF THE STATE PUBLIC DEFENDER. A Tit.IV-E juvenile justice
22improvement fund is created in the state treasury. The fund
23shall consist of moneys received by the office of the state
24public defender pursuant to Tit.IV-E of the federal Social
25Security Act that remain unencumbered and unobligated at
26the end of a fiscal year. Moneys deposited in the fund are
27appropriated to and shall be administered by the office of the
28state public defender and shall be available for expenditure by
29the office of the state public defender in succeeding fiscal
30years for the purposes allowed by Tit.IV-E of the federal
31Social Security Act.
32 Sec. 12. BOARD OF PAROLE. There is appropriated from the
33general fund of the state to the board of parole for the fiscal
34year beginning July 1, 2022, and ending June 30, 2023, the
35following amount, or so much thereof as is necessary, to be
-13-1used for the purposes designated:
2For salaries, support, maintenance, and miscellaneous
3purposes, and for not more than the following full-time
4equivalent positions:
.................................................. $51,309,622
............................................... FTEs610.53
7 Sec. 13. DEPARTMENT OF PUBLIC DEFENSE.
81. There is appropriated from the general fund of the
9state to the department of public defense, for the fiscal year
10beginning July 1, 2022, and ending June 30, 2023, the following
11amounts, or so much thereof as is necessary, to be used for the
12purposes designated:
13For salaries, support, maintenance, and miscellaneous
14purposes, and for not more than the following full-time
15equivalent positions:
.................................................. $167,018,538
............................................... FTEs17248.00
182. The department of public defense may temporarily exceed
19and draw more than the amount appropriated in this section and
20incur a negative cash balance as long as there are receivables
21of federal funds equal to or greater than the negative balance
22and the amount appropriated in this section is not exceeded at
23the close of the fiscal year.
24 Sec. 14. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
25MANAGEMENT.
261. There is appropriated from the general fund of the state
27to the department of homeland security and emergency management
28for the fiscal year beginning July 1, 2022, and ending June
2930, 2023, the following amounts, or so much thereof as is
30necessary, to be used for the purposes designated:
31For salaries, support, maintenance, and miscellaneous
32purposes, and for not more than the following full-time
33equivalent positions:
.................................................. $342,289,453
............................................... FTEs3526.41
-14- 12. The department of homeland security and emergency
2management may temporarily exceed and draw more than the amount
3appropriated in this section and incur a negative cash balance
4as long as there are receivables of federal funds equal to or
5greater than the negative balance and the amount appropriated
6in this section is not exceeded at the close of the fiscal
7year.
8 Sec. 15. DEPARTMENT OF PUBLIC SAFETY. There is appropriated
9from the general fund of the state to the department of public
10safety for the fiscal year beginning July 1, 2022, and ending
11June 30, 2023, the following amounts, or so much thereof as is
12necessary, to be used for the purposes designated:
131. For administrative functions, including salaries and the
14adjustment of salaries throughout the department, the criminal
15justice information system, and for not more than the following
16full-time equivalent positions:
.................................................. $175,952,249
............................................... FTEs1845.00
192. For the division of criminal investigation, including
20the state’s contribution to the peace officers’ retirement,
21accident, and disability system provided in chapter 97A in the
22amount of the state’s normal contribution rate, as defined in
23section 97A.8, multiplied by the salaries for which the moneys
24are appropriated, to meet federal fund matching requirements,
25and for not more than the following full-time equivalent
26positions:
.................................................. $2719,732,130
............................................... FTEs28180.00
293. For the criminalistics laboratory fund created in
30section 691.9:
.................................................. $31650,000
32Notwithstanding section 8.33, moneys appropriated in this
33subsection that remain unencumbered or unobligated at the close
34of the fiscal year shall not revert but shall remain available
35for expenditure for the purposes designated until the close of
-15-1the succeeding fiscal year.
24. a. For the division of narcotics enforcement, including
3the state’s contribution to the peace officers’ retirement,
4accident, and disability system provided in chapter 97A in the
5amount of the state’s normal contribution rate, as defined in
6section 97A.8, multiplied by the salaries for which the moneys
7are appropriated, to meet federal fund matching requirements,
8and for not more than the following full-time equivalent
9positions:
.................................................. $108,622,414
............................................... FTEs1167.00
12The division of narcotics enforcement is authorized an
13additional 1.00 full-time equivalent position pursuant to
14this lettered paragraph that is in excess of the number of
15full-time equivalent positions authorized for the previous
16fiscal year only if the division of narcotics enforcement
17receives sufficient federal moneys to maintain employment
18for the additional full-time equivalent positions during the
19current fiscal year. The division of narcotics enforcement
20shall only employ the additional full-time equivalent positions
21in succeeding fiscal years if sufficient federal moneys are
22received during each of those succeeding fiscal years.
23b. For the division of narcotics enforcement for undercover
24purchases:
.................................................. $25209,042
265. For the division of state fire marshal, for fire
27protection services as provided through the state fire service
28and emergency response council as created in the department,
29and for the state’s contribution to the peace officers’
30retirement, accident, and disability system provided in chapter
3197A in the amount of the state’s normal contribution rate,
32as defined in section 97A.8, multiplied by the salaries for
33which the moneys are appropriated, and for not more than the
34following full-time equivalent positions:
.................................................. $355,608,320
-16-............................................... FTEs149.00
26. For the division of state patrol, for salaries, support,
3maintenance, workers’ compensation costs, and miscellaneous
4purposes, including the state’s contribution to the peace
5officers’ retirement, accident, and disability system provided
6in chapter 97A in the amount of the state’s normal contribution
7rate, as defined in section 97A.8, multiplied by the salaries
8for which the moneys are appropriated, and for not more than
9the following full-time equivalent positions:
.................................................. $1071,480,416
............................................... FTEs11506.00
12It is the intent of the general assembly that members of the
13state patrol be assigned to patrol the highways and roads in
14lieu of assignments for inspecting school buses for the school
15districts.
167. For deposit in the sick leave benefits fund established
17in section 80.42 for all departmental employees eligible to
18receive benefits for accrued sick leave under the collective
19bargaining agreement:
.................................................. $20279,517
218. For costs associated with the training and equipment
22needs of volunteer fire fighters:
.................................................. $231,025,520
24Notwithstanding section 8.33, moneys appropriated in this
25subsection that remain unencumbered or unobligated at the
26close of the fiscal year shall not revert but shall remain
27available for expenditure only for the purpose designated in
28this subsection until the close of the succeeding fiscal year.
299. For the public safety interoperable and broadband
30communications fund established in section 80.44:
.................................................. $31115,661
3210. For the office to combat human trafficking established
33pursuant to section 80.45, including salaries, support,
34maintenance, and miscellaneous purposes, and for not more than
35the following full-time equivalent positions:
-17-.................................................. $1200,941
............................................... FTEs22.00
311. For costs associated with the training and equipment
4needs of volunteer fire fighters:
.................................................. $550,000
612. For deposit in the public safety equipment fund
7established in section 80.48 for the purchase, maintenance, and
8replacement of equipment used by the department:
.................................................. $92,500,000
10Notwithstanding section 8.39, the department of public
11safety may reallocate moneys appropriated in this section
12as necessary to best fulfill the needs provided for in the
13appropriation. However, the department shall not reallocate
14moneys appropriated to the department in this section unless
15notice of the reallocation is given to the legislative services
16agency and the department of management prior to the effective
17date of the reallocation. The notice shall include information
18regarding the rationale for reallocating the moneys. The
19department shall not reallocate moneys appropriated in this
20section for the purpose of eliminating any program.
21 Sec. 16. GAMING ENFORCEMENT.
221. There is appropriated from the gaming enforcement
23revolving fund created in section 80.43 to the department of
24public safety for the fiscal year beginning July 1, 2022, and
25ending June 30, 2023, the following amount, or so much thereof
26as is necessary, to be used for the purposes designated:
27For any direct support costs for agents and officers of
28the division of criminal investigation’s excursion gambling
29boat, gambling structure, and racetrack enclosure enforcement
30activities, including salaries, support, maintenance, and
31miscellaneous purposes, and for not more than the following
32full-time equivalent positions:
.................................................. $3310,556,268
............................................... FTEs3465.00
352. For each additional license to conduct gambling games on
-18-1an excursion gambling boat, gambling structure, or racetrack
2enclosure issued during the fiscal year beginning July 1, 2022,
3there is appropriated from the gaming enforcement fund to the
4department of public safety for the fiscal year beginning July
51, 2022, and ending June 30, 2023, an additional amount of
6not more than $300,000 to be used for full-time equivalent
7positions.
83. The department of public safety, with the approval of the
9department of management, may employ no more than three special
10agents for each additional riverboat or gambling structure
11regulated after July 1, 2023, and three special agents for
12each racing facility which becomes operational during the
13fiscal year which begins July 1, 2023. Positions authorized
14in this subsection are in addition to the full-time equivalent
15positions otherwise authorized in this section.
16 Sec. 17. CIVIL RIGHTS COMMISSION.
171. There is appropriated from the general fund of the state
18to the Iowa state civil rights commission for the fiscal year
19beginning July 1, 2022, and ending June 30, 2023, the following
20amount, or so much thereof as is necessary, to be used for the
21purposes designated:
22For salaries, support, maintenance, and miscellaneous
23purposes, and for not more than the following full-time
24equivalent positions:
.................................................. $251,344,002
............................................... FTEs2627.00
272. The Iowa state civil rights commission may enter into
28a contract with a nonprofit organization to provide legal
29assistance to resolve civil rights complaints.
30 Sec. 18. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION.
311. There is appropriated from the general fund of the state
32to the criminal and juvenile justice planning division of the
33department of human rights for the fiscal year beginning July
341, 2022, and ending June 30, 2023, the following amount or
35so much thereof as is necessary, to be used for the purposes
-19-1designated:
2a. For salaries, support, maintenance, and miscellaneous
3purposes, and for not more than the following full-time
4equivalent positions:
.................................................. $51,343,136
............................................... FTEs68.89
7b. (1) For a single grant to a program located in a city
8with a higher than average juvenile crime rate as determined
9by the criminal and juvenile justice planning division and
10a population greater than 80,000 as determined by the 2010
11federal decennial census, which may be used for studying,
12planning, programming, and capital, that is committed to
13deterring juvenile delinquency through early intervention in
14the criminal justice system by providing a comprehensive,
15multifaceted delivery of social services and which shall meet
16the guiding principles and standards for assessment centers set
17forth by the national assessment center association:
.................................................. $18140,000
19(2) The program shall use no more than 5 percent of the
20grant for administrative costs.
21(3) A city shall not receive a grant under this paragraph,
22or a similar grant from the state of Iowa, for more than
23two consecutive fiscal years unless no other city meets the
24requirements specified in subparagraph (1).
252. The justice advisory board and the juvenile justice
26advisory council shall coordinate their efforts in carrying out
27their respective duties relative to juvenile justice.
28 Sec. 19. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
29MANAGEMENT. There is appropriated from the 911 emergency
30communications fund created in section 34A.7A to the department
31of homeland security and emergency management for the fiscal
32year beginning July 1, 2022, and ending June 30, 2023, the
33following amount, or so much thereof as is necessary, to be
34used for the purposes designated:
35For implementation, support, and maintenance of the
-20-1functions of the administrator and program manager under
2chapter 34A and to employ the auditor of the state to perform
3an annual audit of the 911 emergency communications fund:
.................................................. $4250,000
5 Sec. 20. CONSUMER EDUCATION AND LITIGATION — FARM
6MEDIATION AND PROSECUTIONS, APPEALS, AND CLAIMS.
7Notwithstanding section 714.16C, there is appropriated from the
8consumer education and litigation fund to the department of
9justice for the fiscal year beginning July 1, 2022, and ending
10June 30, 2023, the following amounts, or so much thereof as is
11necessary, to be used for the purposes designated:
121. For farm mediation services as specified in section
1313.13, subsection 2:
.................................................. $14300,000
152. For salaries, support, maintenance, and miscellaneous
16purposes for criminal prosecutions, criminal appeals, and
17performing duties pursuant to chapter 669:
.................................................. $182,000,000
19DIVISION II
20INDIGENT DEFENSE
21 Sec. 21. Section 815.7, Code 2022, is amended by adding the
22following new subsection:
23 NEW SUBSECTION. 6A. For appointments made on or after July
241, 2022, the reasonable compensation shall be calculated on the
25basis of seventy-nine dollars per hour for class “A” felonies,
26seventy-four dollars per hour for class “B” felonies, and
27sixty-nine dollars per hour for all other cases.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31This bill relates to and makes appropriations to the justice
32system. The bill is organized by divisions.
33FY 2022-2023 APPROPRIATIONS. The bill makes appropriations
34from the general fund of the state for FY 2022-2023 to the
35departments of justice, corrections, public defense, public
-21-1safety, and homeland security and emergency management, and
2the Iowa law enforcement academy, office of the state public
3defender, board of parole, Iowa state civil rights commission,
4and the criminal and juvenile justice planning division of the
5department of human rights.
6The bill appropriates moneys from the department of commerce
7revolving fund for FY 2022-2023 to the office of consumer
8advocate of the department of justice.
9The bill appropriates moneys from the gaming enforcement
10revolving fund for FY 2022-2023 to the department of public
11safety.
12The bill appropriates moneys from the 911 emergency
13communications fund for FY 2022-2023 to the department of
14homeland security and emergency management.
15The bill appropriates moneys from the consumer education and
16litigation fund for FY 2022-2023 to the department of justice
17for farm mediation services and salaries, support, maintenance,
18and miscellaneous purposes for criminal prosecutions, criminal
19appeals, and performing certain duties.
20INDIGENT DEFENSE. The bill increases the hourly rates for
21court-appointed counsel by $3 per hour and provides that for
22appointments made on or after July 1, 2022, the reasonable
23compensation shall be calculated on the basis of $79 per hour
24for class “A” felonies, $74 per hour for class “B” felonies,
25and $69 per hour for all other cases.
-22-as/tm