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Senate File 562 - ReprintedA Bill ForAn Act 1relating to and making appropriations to the justice
2system, including by providing for payments associated
3with indigent defense and representation, the funding
4of activities relating to consumer fraud and antitrust,
5a corrections capital reinvestment fund, an Iowa law
6enforcement academy study, a human trafficking study, and
7the funding of peace officer retirement, and including
8effective date and retroactive applicability provisions.
9BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2FY 2023-2024 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, 2023, and ending June 30, 2024, 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:
.................................................. $177,749,860
............................................... FTEs18228.00
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, 2024, 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, 2022,
10and actual and expected reimbursements for the fiscal year
11beginning July 1, 2023.
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, 2024.
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 commerce revolving fund created in section 546.12, as
32amended by 2023 Iowa Acts, Senate File 514, to the office of
33consumer advocate of the department of justice for the fiscal
34year beginning July 1, 2023, and ending June 30, 2024, the
35following amount, or so much thereof as is necessary, to be
-3-1used for the purposes designated:
2For salaries, support, maintenance, and miscellaneous
3purposes, and for not more than the following full-time
4equivalent positions:
.................................................. $53,378,093
............................................... FTEs618.00
7The office of consumer advocate shall include in its charges
8assessed or revenues generated an amount sufficient to cover
9the amount stated in its appropriation and any state-assessed
10indirect costs determined by the department of administrative
11services.
12 Sec. 3. DEPARTMENT OF CORRECTIONS — FACILITIES.
131. There is appropriated from the general fund of the state
14to the department of corrections for the fiscal year beginning
15July 1, 2023, and ending June 30, 2024, the following amounts,
16or so much thereof as is necessary, to be used for the purposes
17designated:
18a. For the operation of the Fort Madison correctional
19facility, including salaries, support, maintenance, and
20miscellaneous purposes:
.................................................. $2144,192,771
22b. For the operation of the Anamosa correctional facility,
23including salaries, support, maintenance, and miscellaneous
24purposes:
.................................................. $2537,022,808
26c. For the operation of the Oakdale correctional facility,
27including salaries, support, maintenance, and miscellaneous
28purposes:
.................................................. $2956,368,832
30d. For the Oakdale correctional facility for
31department-wide institutional pharmaceuticals and miscellaneous
32purposes:
.................................................. $339,550,417
34e. For the operation of the Newton correctional facility,
35including salaries, support, maintenance, and miscellaneous
-4-1purposes:
.................................................. $230,437,665
3f. For the operation of the Mount Pleasant correctional
4facility, including salaries, support, maintenance, and
5miscellaneous purposes:
.................................................. $628,642,429
7g. For the operation of the Rockwell City correctional
8facility, including salaries, support, maintenance, and
9miscellaneous purposes:
.................................................. $1011,090,142
11h. For the operation of the Clarinda correctional facility,
12including salaries, support, maintenance, and miscellaneous
13purposes:
.................................................. $1427,355,684
15Moneys received by the department of corrections as
16reimbursement for services provided to the Clarinda youth
17corporation are appropriated to the department and shall be
18used for the purpose of operating the Clarinda correctional
19facility.
20i. For the operation of the Mitchellville correctional
21facility, including salaries, support, maintenance, and
22miscellaneous purposes:
.................................................. $2324,946,721
24j. For the operation of the Fort Dodge correctional
25facility, including salaries, support, maintenance, and
26miscellaneous purposes:
.................................................. $2732,742,479
28k. For reimbursement of counties for temporary confinement
29of prisoners, as provided in sections 901.7, 904.908, and
30906.17, and for offenders confined pursuant to section 904.513:
.................................................. $311,195,319
32l. For federal prison reimbursement, reimbursements for
33out-of-state placements, and miscellaneous contracts:
.................................................. $34234,411
352. The department of corrections shall use moneys
-5-1appropriated in subsection 1 to continue to contract for the
2services of a Muslim imam and a Native American spiritual
3leader.
4 Sec. 4. DEPARTMENT OF CORRECTIONS — ADMINISTRATION.
5There is appropriated from the general fund of the state to the
6department of corrections for the fiscal year beginning July
71, 2023, and ending June 30, 2024, the following amounts, or
8so much thereof as is necessary, to be used for the purposes
9designated:
101. For general administration, including salaries and the
11adjustment of salaries throughout the department, support,
12maintenance, employment of an education director to administer
13a centralized education program for the correctional system,
14and miscellaneous purposes:
.................................................. $156,313,331
16a. It is the intent of the general assembly that each
17lease negotiated by the department of corrections with a
18private corporation for the purpose of providing private
19industry employment of inmates in a correctional institution
20shall prohibit the private corporation from utilizing inmate
21labor for partisan political purposes for any person seeking
22election to public office in this state and that a violation
23of this requirement shall result in a termination of the lease
24agreement.
25b. It is the intent of the general assembly that as a
26condition of receiving the appropriation provided in this
27subsection the department of corrections shall not enter into
28a lease or contractual agreement pursuant to section 904.809
29with a private corporation for the use of building space for
30the purpose of providing inmate employment without providing
31that the terms of the lease or contract establish safeguards to
32restrict, to the greatest extent feasible, access by inmates
33working for the private corporation to personal identifying
34information of citizens.
352. For educational programs for inmates at state penal
-6-1institutions:
.................................................. $22,608,109
3a. To maximize the funding for educational programs,
4the department shall establish guidelines and procedures to
5prioritize the availability of educational and vocational
6training for inmates based upon the goal of facilitating an
7inmate’s successful release from the correctional institution.
8b. The director of the department of corrections may
9transfer moneys from Iowa prison industries and the canteen
10operating funds established pursuant to section 904.310, for
11use in educational programs for inmates.
12c. Notwithstanding section 8.33, moneys appropriated in
13this subsection that remain unencumbered or unobligated at the
14close of the fiscal year shall not revert but shall remain
15available to be used only for the purposes designated in this
16subsection until the close of the succeeding fiscal year.
173. For the development and operation of the Iowa corrections
18offender network (ICON) data system:
.................................................. $192,000,000
204. For offender mental health and substance abuse
21treatment:
.................................................. $2228,065
235. For department-wide duties, including operations, costs,
24and miscellaneous purposes:
.................................................. $2512,974,108
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, 2023, and ending June 30, 2024, 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-.................................................. $116,207,339
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:
.................................................. $712,789,649
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:
.................................................. $137,710,790
14d. For the fourth judicial district department of
15correctional services:
.................................................. $166,193,805
17e. For the fifth judicial district department of
18correctional services, including funding for electronic
19monitoring devices for use on a statewide basis:
.................................................. $2023,440,024
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:
.................................................. $2616,755,370
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:
.................................................. $3210,362,851
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:
.................................................. $39,238,778
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 office of drug control policy of the department
18of public safety shall consider federal grants made to the
19department of corrections for the benefit of each of the eight
20judicial district departments of correctional services as local
21government grants, 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 in
27pretrial hearings when determining whether to detain or release
28a defendant before trial until such time the use of the public
29safety assessment has been specifically authorized by the
30general assembly.
31 Sec. 6. DEPARTMENT OF CORRECTIONS — REALLOCATION OF
32APPROPRIATIONS. Notwithstanding section 8.39, within the
33moneys appropriated in this division of this Act to the
34department of corrections, the department may reallocate the
35moneys appropriated and allocated as necessary to best fulfill
-9-1the needs of the correctional institutions, administration
2of the department, and the judicial district departments of
3correctional services. However, in addition to complying with
4the requirements of sections 904.116 and 905.8 and providing
5notice to the legislative services agency, the department
6of corrections shall also provide notice to the department
7of management, prior to the effective date of the revision
8or reallocation of an appropriation made pursuant to this
9section. The department of corrections shall not reallocate an
10appropriation or allocation for the purpose of eliminating any
11program.
12 Sec. 7. INTENT — REPORTS.
131. The department of corrections, in cooperation with
14townships, the Iowa cemetery associations, and other nonprofit
15or governmental entities, may use inmate labor during the
16fiscal year beginning July 1, 2023, to restore or preserve
17rural cemeteries and historical landmarks. The department, in
18cooperation with the counties, may also use inmate labor to
19clean up roads, major water sources, and other water sources
20around the state.
212. By January 15, 2024, the department shall provide an
22annual status report regarding private-sector employment to
23the general assembly. The report shall include the number
24of offenders employed in the private sector, the combined
25number of hours worked by the offenders, the total amount of
26allowances, and the distribution of allowances pursuant to
27section 904.702, including any moneys deposited in the general
28fund of the state.
29 Sec. 8. ELECTRONIC MONITORING REPORT. The department of
30corrections shall submit a report on electronic monitoring
31to the general assembly by January 15, 2024. The report
32shall specifically address the number of persons being
33electronically monitored and break down the number of persons
34being electronically monitored by offense committed. The
35report shall also include a comparison of any data from the
-10-1prior fiscal year with the current fiscal year.
2 Sec. 9. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES.
31. As used in this section, unless the context otherwise
4requires, “state agency” means the government of the state
5of Iowa, including but not limited to all executive branch
6departments, agencies, boards, bureaus, and commissions, the
7judicial branch, the general assembly and all legislative
8agencies, institutions within the purview of the state board of
9regents, and any corporation whose primary function is to act
10as an instrumentality of the state.
112. State agencies are encouraged to purchase products from
12Iowa state industries, as defined in section 904.802, when
13purchases are required and the products are available from
14Iowa state industries. State agencies shall obtain bids from
15Iowa state industries for purchases of office furniture during
16the fiscal year beginning July 1, 2023, exceeding $5,000 or
17in accordance with applicable administrative rules related to
18purchases for the agency.
19 Sec. 10. IOWA LAW ENFORCEMENT ACADEMY.
201. There is appropriated from the general fund of the
21state to the Iowa law enforcement academy for the fiscal year
22beginning July 1, 2023, and ending June 30, 2024, the following
23amount, or so much thereof as is necessary, to be used for the
24purposes designated:
25a. For salaries, support, maintenance, and miscellaneous
26purposes, including jailer training and technical assistance,
27and for not more than the following full-time equivalent
28positions:
.................................................. $291,238,504
............................................... FTEs3030.25
31b. The Iowa law enforcement academy may temporarily exceed
32and draw more than the amount appropriated in this subsection
33and incur a negative cash balance as long as there are
34receivables equal to or greater than the negative balance and
35the amount appropriated in this subsection is not exceeded at
-11-1the close of the fiscal year.
22. The Iowa law enforcement academy may select at least
3five automobiles of the department of public safety, division
4of state patrol, prior to turning over the automobiles to
5the department of administrative services to be disposed
6of by public auction, and the Iowa law enforcement academy
7may exchange any automobile owned by the academy for each
8automobile selected if the selected automobile is used in
9training law enforcement officers at the academy. However, any
10automobile exchanged by the academy shall be substituted for
11the selected vehicle of the department of public safety and
12sold by public auction with the receipts being deposited in the
13depreciation fund maintained pursuant to section 8A.365 to the
14credit of the department of public safety, division of state
15patrol.
163. The Iowa law enforcement academy shall provide training
17for domestic abuse and human trafficking-related issues
18throughout the state. The training shall be offered at no
19cost to the attendees and the training shall not replace any
20existing domestic abuse or human trafficking training offered
21by the academy.
22 Sec. 11. STATE PUBLIC DEFENDER.
231. There is appropriated from the general fund of the state
24to the office of the state public defender of the department
25of inspections, appeals, and licensing for the fiscal year
26beginning July 1, 2023, and ending June 30, 2024, the following
27amounts, or so much thereof as is necessary, to be used for the
28purposes designated:
29a. For salaries, support, maintenance, and miscellaneous
30purposes, and for not more than the following full-time
31equivalent positions:
.................................................. $3230,718,203
............................................... FTEs33241.00
34b. For payments on behalf of eligible adults and juveniles
35from the indigent defense fund, in accordance with section
-12-1815.11:
.................................................. $244,046,374
32. Moneys received by the office of the state public
4defender pursuant to Tit.IV-E of the federal Social Security
5Act remaining unencumbered and unobligated at the end of the
6fiscal year shall not revert but shall be transferred to the
7Tit.IV-E juvenile justice improvement fund created in 2022
8Iowa Acts, chapter 1146, section 11, subsection 3, to remain
9available for expenditure by the office of the state public
10defender in succeeding fiscal years for the purposes allowed by
11Tit.IV-E of the federal Social Security Act.
12 Sec. 12. BOARD OF PAROLE. There is appropriated from the
13general fund of the state to the board of parole for the fiscal
14year beginning July 1, 2023, and ending June 30, 2024, the
15following amount, or so much thereof as is necessary, to be
16used for the purposes designated:
17For salaries, support, maintenance, and miscellaneous
18purposes, and for not more than the following full-time
19equivalent positions:
.................................................. $201,517,894
............................................... FTEs2111.00
22 Sec. 13. DEPARTMENT OF PUBLIC DEFENSE.
231. There is appropriated from the general fund of the
24state to the department of public defense, for the fiscal year
25beginning July 1, 2023, and ending June 30, 2024, the following
26amount, or so much thereof as is necessary, to be used for the
27purposes designated:
28For salaries, support, maintenance, and miscellaneous
29purposes, and for not more than the following full-time
30equivalent positions:
.................................................. $316,963,037
............................................... FTEs32248.00
332. The department of public defense may temporarily exceed
34and draw more than the amount appropriated in this section and
35incur a negative cash balance as long as there are receivables
-13-1of federal funds equal to or greater than the negative balance
2and the amount appropriated in this section is not exceeded at
3the close of the fiscal year.
4 Sec. 14. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
5MANAGEMENT.
61. There is appropriated from the general fund of the state
7to the department of homeland security and emergency management
8for the fiscal year beginning July 1, 2023, and ending June 30,
92024, the following amount, or so much thereof as is necessary,
10to be used for the purposes designated:
11For salaries, support, maintenance, and miscellaneous
12purposes, and for not more than the following full-time
13equivalent positions:
.................................................. $142,439,389
............................................... FTEs1525.44
162. The department of homeland security and emergency
17management may temporarily exceed and draw more than the amount
18appropriated in this section and incur a negative cash balance
19as long as there are receivables of federal funds equal to or
20greater than the negative balance and the amount appropriated
21in this section is not exceeded at the close of the fiscal
22year.
23 Sec. 15. DEPARTMENT OF PUBLIC SAFETY. There is appropriated
24from the general fund of the state to the department of public
25safety for the fiscal year beginning July 1, 2023, and ending
26June 30, 2024, the following amounts, or so much thereof as is
27necessary, to be used for the purposes designated:
281. For administrative functions, including salaries and the
29adjustment of salaries throughout the department, the criminal
30justice information system, and for not more than the following
31full-time equivalent positions:
.................................................. $325,920,476
............................................... FTEs3347.00
342. For the division of criminal investigation, including
35the state’s contribution to the peace officers’ retirement,
-14-1accident, and disability system provided in chapter 97A in the
2amount of the state’s normal contribution rate, as defined in
3section 97A.8, multiplied by the salaries for which the moneys
4are appropriated, to meet federal fund matching requirements,
5and for not more than the following full-time equivalent
6positions:
.................................................. $719,712,633
............................................... FTEs8180.00
93. For the criminalistics laboratory fund created in
10section 691.9:
.................................................. $11650,000
12Notwithstanding section 8.33, moneys appropriated in this
13subsection that remain unencumbered or unobligated at the close
14of the fiscal year shall not revert but shall remain available
15for expenditure for the purposes designated until the close of
16the succeeding fiscal year.
174. a. For the division of narcotics enforcement, including
18the state’s contribution to the peace officers’ retirement,
19accident, and disability system provided in chapter 97A in the
20amount of the state’s normal contribution rate, as defined in
21section 97A.8, multiplied by the salaries for which the moneys
22are appropriated, to meet federal fund matching requirements,
23and for not more than the following full-time equivalent
24positions:
.................................................. $258,613,894
............................................... FTEs2667.00
27The division of narcotics enforcement is authorized an
28additional 1.00 full-time equivalent position pursuant to
29this lettered paragraph that is in excess of the number of
30full-time equivalent positions authorized for the previous
31fiscal year only if the division of narcotics enforcement
32receives sufficient federal moneys to maintain employment
33for the additional full-time equivalent position during the
34current fiscal year. The division of narcotics enforcement
35shall only employ the additional full-time equivalent position
-15-1in succeeding fiscal years if sufficient federal moneys are
2received during each of those succeeding fiscal years.
3b. For the division of narcotics enforcement for undercover
4purchases:
.................................................. $5209,042
65. For the division of state fire marshal, for fire
7protection services as provided through the state fire service
8and emergency response council as created in the department,
9and for the state’s contribution to the peace officers’
10retirement, accident, and disability system provided in chapter
1197A in the amount of the state’s normal contribution rate,
12as defined in section 97A.8, multiplied by the salaries for
13which the moneys are appropriated, and for not more than the
14following full-time equivalent positions:
.................................................. $153,230,743
............................................... FTEs1621.00
176. For the division of state patrol, for salaries, support,
18maintenance, workers’ compensation costs, and miscellaneous
19purposes, including the state’s contribution to the peace
20officers’ retirement, accident, and disability system provided
21in chapter 97A in the amount of the state’s normal contribution
22rate, as defined in section 97A.8, multiplied by the salaries
23for which the moneys are appropriated, and for not more than
24the following full-time equivalent positions:
.................................................. $2587,066,931
............................................... FTEs26613.00
27It is the intent of the general assembly that members of the
28state patrol be assigned to patrol the highways and roads in
29lieu of assignments for inspecting school buses for the school
30districts.
317. For deposit in the sick leave benefits fund established
32in section 80.42 for all departmental employees eligible to
33receive benefits for accrued sick leave under the collective
34bargaining agreement:
.................................................. $35279,517
-16- 18. For costs associated with the training and equipment
2needs of volunteer fire fighters:
.................................................. $31,075,520
4Notwithstanding section 8.33, moneys appropriated in this
5subsection that remain unencumbered or unobligated at the close
6of the fiscal year shall not revert but shall remain available
7for expenditure for the purposes designated in this subsection
8until the close of the succeeding fiscal year.
99. For the public safety interoperable and broadband
10communications fund established in section 80.44:
.................................................. $11115,661
1210. For the office to combat human trafficking established
13pursuant to section 80.45, including salaries, support,
14maintenance, and miscellaneous purposes, and for not more than
15the following full-time equivalent positions:
.................................................. $16200,742
............................................... FTEs172.00
1811. For department-wide duties, including operations,
19costs, and miscellaneous purposes:
.................................................. $206,456,270
2112. For deposit in the public safety equipment fund
22established in section 80.48 for the purchase, maintenance, and
23replacement of equipment used by the department:
.................................................. $242,500,000
2513. For the office of drug control policy, for salaries,
26support, maintenance, and miscellaneous purposes, including
27statewide coordination of the drug abuse resistance education
28(D.A.R.E) programs or other similar programs, and for not more
29than the following full-time equivalent positions:
.................................................. $30249,219
............................................... FTEs314.00
32Notwithstanding section 8.39, the department of public
33safety may reallocate moneys appropriated in this section
34as necessary to best fulfill the needs provided for in the
35appropriation. However, the department shall not reallocate
-17-1moneys appropriated to the department in this section unless
2notice of the reallocation is given to the legislative services
3agency and the department of management prior to the effective
4date of the reallocation. The notice shall include information
5regarding the rationale for reallocating the moneys. The
6department shall not reallocate moneys appropriated in this
7section for the purpose of eliminating any program.
8 Sec. 16. GAMING ENFORCEMENT.
91. There is appropriated from the gaming enforcement
10revolving fund created in section 80.43 to the department of
11public safety for the fiscal year beginning July 1, 2023, and
12ending June 30, 2024, the following amount, or so much thereof
13as is necessary, to be used for the purposes designated:
14For any direct support costs for agents and officers of
15the division of criminal investigation’s excursion gambling
16boat, gambling structure, and racetrack enclosure enforcement
17activities, including salaries, support, maintenance, and
18miscellaneous purposes, and for not more than the following
19full-time equivalent positions:
.................................................. $2010,778,483
............................................... FTEs2165.00
222. For each additional license to conduct gambling games on
23an excursion gambling boat, gambling structure, or racetrack
24enclosure issued during the fiscal year beginning July 1, 2023,
25there is appropriated from the gaming enforcement revolving
26fund to the department of public safety for the fiscal year
27beginning July 1, 2023, and ending June 30, 2024, an additional
28amount of not more than $300,000 to be used for full-time
29equivalent positions.
303. The department of public safety, with the approval of the
31department of management, may employ no more than three special
32agents for each additional riverboat or gambling structure
33regulated after July 1, 2024, and three special agents for
34each racing facility which becomes operational during the
35fiscal year which begins July 1, 2024. Positions authorized
-18-1in this subsection are in addition to the full-time equivalent
2positions otherwise authorized in this section.
3 Sec. 17. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
4MANAGEMENT. There is appropriated from the 911 emergency
5communications fund created in section 34A.7A to the department
6of homeland security and emergency management for the fiscal
7year beginning July 1, 2023, and ending June 30, 2024, the
8following amount, or so much thereof as is necessary, to be
9used for the purposes designated:
10For implementation, support, and maintenance of the
11functions of the administrator and program manager under
12chapter 34A and to employ the auditor of the state to perform
13an annual audit of the 911 emergency communications fund:
.................................................. $14300,000
15 Sec. 18. CONSUMER EDUCATION AND LITIGATION — FARM
16MEDIATION AND PROSECUTIONS, APPEALS, AND CLAIMS.
17Notwithstanding section 714.16C, there is appropriated from the
18consumer education and litigation fund to the department of
19justice for the fiscal year beginning July 1, 2023, and ending
20June 30, 2024, the following amounts, or so much thereof as is
21necessary, to be used for the purposes designated:
221. For farm mediation services as specified in section
2313.13, subsection 2:
.................................................. $24300,000
252. For salaries, support, maintenance, and miscellaneous
26purposes for criminal prosecutions, criminal appeals, and
27performing duties pursuant to chapter 669:
.................................................. $282,000,000
29DIVISION II
30INDIGENT DEFENSE and representation
31 Sec. 19. Section 815.7, subsections 6 and 7, Code 2023, are
32amended to read as follows:
336. For appointments made on or after July 1, 2021, through
34June 30, 2022, the reasonable compensation shall be calculated
35on the basis of seventy-six dollars per hour for class “A”
-19-1felonies, seventy-one dollars per hour for class “B” felonies,
2and sixty-six dollars per hour for all other cases.
37. For appointments made on or after July 1, 2022, through
4June 30, 2023, the reasonable compensation shall be calculated
5on the basis of seventy-eight dollars per hour for class
6“A” felonies, seventy-three dollars per hour for class “B”
7felonies, and sixty-eight dollars per hour for all other cases.
8 Sec. 20. Section 815.7, Code 2023, is amended by adding the
9following new subsection:
10 NEW SUBSECTION. 7A. For appointments made on or after July
111, 2023, the reasonable compensation shall be calculated on the
12basis of eighty-three dollars per hour for class “A” felonies,
13seventy-eight dollars per hour for class “B” felonies, and
14seventy-three dollars per hour for all other cases.
15 Sec. 21. NEW SECTION. 815.7A Travel time for attorney or
16guardian ad litem.
171. Compensation for time spent by an attorney or guardian
18ad litem traveling outside of the attorney’s or guardian ad
19litem’s county of domicile is payable when the travel is
20reasonable and necessary to represent the indigent client and
21shall be calculated at a rate of thirty-five dollars per hour.
22Compensation for travel for a court proceeding other than a
23trial or other contested proceeding shall only be paid if the
24attorney or guardian ad litem files a motion for a remote
25hearing and the motion is denied. This section does not affect
26any allowable compensation for time spent traveling already
27compensated pursuant to any other applicable provision of law.
282. Compensation for travel for an arraignment, pretrial
29conference, scheduling conference, or any other uncontested or
30nontestimonial judicial proceeding, for which a request for a
31remote hearing was denied, paid to the attorney or guardian ad
32litem from the indigent defense fund created in section 815.11
33shall be reimbursed by the judicial branch.
343. For purposes of this section, “county of domicile” means
35the address the attorney or guardian ad litem has on file with
-20-1the office of the state public defender.
2DIVISION III
3ATTORNEY GENERAL — ANTITRUST FUND — CONSUMER EDUCATION AND
4LITIGATION FUND
5 Sec. 22. 2014 Iowa Acts, chapter 1138, section 21, as
6amended by 2016 Iowa Acts, chapter 1137, section 18, 2017 Iowa
7Acts, chapter 167, section 24, 2019 Iowa Acts, chapter 163,
8section 26, and 2021 Iowa Acts, chapter 166, section 23, is
9amended to read as follows:
10SEC. 21. CONSUMER EDUCATION AND LITIGATION
11FUND. Notwithstanding section 714.16C, for each fiscal
12year of the period beginning July 1, 2014, and ending June
1330, 2023 2025, the annual appropriations in section 714.16C,
14are increased from $1,125,000 to $1,875,000, and $75,000 to
15$125,000 respectively.
16 Sec. 23. DEPARTMENT OF JUSTICE LITIGATION
17FUNDS. Notwithstanding sections 553.19 and 714.16C,
18for the fiscal years beginning July 1, 2022, and ending June
1930, 2023, and beginning July 1, 2023, and ending June 30,
202024, any moneys not otherwise appropriated from the antitrust
21fund created in section 553.19 and the consumer education and
22litigation fund created in section 714.16C are appropriated to
23the department of justice for salaries, support, maintenance,
24and miscellaneous purposes necessary to perform the duties
25described in section 13.2.
26 Sec. 24. EFFECTIVE DATE. The following, being deemed of
27immediate importance, takes effect upon enactment:
28The section of this division of this Act regarding the use of
29moneys not otherwise appropriated from the antitrust fund and
30the consumer education and litigation fund.
31 Sec. 25. RETROACTIVE APPLICABILITY. The following applies
32retroactively to July 1, 2022:
33The section of this division of this Act regarding the use of
34moneys not otherwise appropriated from the antitrust fund and
35the consumer education and litigation fund.
-21-1DIVISION IV
2DEPARTMENT OF CORRECTIONS
3 Sec. 26. Section 904.317, Code 2023, is amended to read as
4follows:
5904.317 Director may buy and sell real estate — options.
61. The director, subject to the approval of the board, may
7secure options to purchase real estate and acquire and sell
8real estate for the proper uses of the institutions. Real
9estate shall be acquired and sold upon terms and conditions
10the director recommends subject to the approval of the board.
11Upon sale of the real estate, the proceeds shall be deposited
12with the treasurer of state and credited to the general fund
13of the state in a corrections capital reinvestment fund, which
14is established in the state treasury under the purview of
15the department. There is appropriated from the general fund
16of the state to the department a sum equal to the proceeds,
17 so deposited and credited to the general fund of the state
18 which may be used to purchase other real estate or for capital
19improvements upon property under the director’s supervision.
20Notwithstanding section 8.33, moneys in the fund that remain
21unencumbered or unobligated at the close of a fiscal year shall
22not revert but shall remain available for expenditure for the
23purposes designated. Notwithstanding section 12C.7, subsection
242, interest or earnings on moneys in the fund shall be credited
25to the fund.
262. The costs incident to the securing of options and
27acquisition and sale of real estate including, but not limited
28to, appraisals, invitations for offers, abstracts, and other
29necessary costs, may be paid from moneys appropriated for
30support and maintenance to the institution at which the real
31estate is located. The fund funding source for these costs
32 shall be reimbursed from the proceeds of the sale.
33 Sec. 27. TRANSFER. Moneys remaining in the general
34fund of the state on June 30, 2023, from the sale of real
35estate pursuant to section 904.317, that are available to the
-22-1department of corrections are transferred to the corrections
2capital reinvestment fund established in section 904.317, as
3amended in this division of this Act.
4 Sec. 28. EFFECTIVE DATE. This division of this Act takes
5effect June 30, 2023.
6DIVISION V
7IOWA LAW ENFORCEMENT ACADEMY study
8 Sec. 29. IOWA LAW ENFORCEMENT ACADEMY INTERIM STUDY
9COMMITTEE.
101. The legislative council is requested to establish an Iowa
11law enforcement academy interim study committee to do all of
12the following:
13a. Review and evaluate minimum entrance requirements, the
14course of study, attendance requirements, and the sufficiency
15of current equipment and facilities.
16b. Review and evaluate minimum basic training requirements.
17c. Review and evaluate minimum standards of physical,
18mental, educational, and moral fitness.
19d. Consider additional locations for law enforcement
20training schools and current and future facility needs.
212. The committee shall include all of the following members:
22a. Ten members of the general assembly, including five
23members of the senate, three of whom shall be appointed by
24the majority leader of the senate and two of whom shall be
25appointed by the minority leader of the senate, and five
26members of the house of representatives, three of whom shall be
27appointed by the speaker of the house of representatives and
28two of whom shall be appointed by the minority leader of the
29house of representatives.
30b. The director of the Iowa law enforcement academy or the
31director’s designee.
32c. A member of the Iowa law enforcement academy council.
33d. A sheriff of a county with a population of fifty thousand
34or more who is a member of the Iowa state sheriffs and deputies
35association.
-23- 1e. A sheriff of a county with a population of less than
2fifty thousand who is a member of the Iowa state sheriffs and
3deputies association.
4f. A police chief of a city with a population of fifty
5thousand or more who is a member of the Iowa police chiefs
6association.
7g. A police chief of a city with a population of less
8than fifty thousand who is a member of the Iowa police chiefs
9association.
10h. A police officer who is a member of a police department
11of a city with a population of fifty thousand or more who is a
12member of the Iowa peace officers association.
13i. A police officer who is a member of a police department
14of a city with a population of less than fifty thousand who is a
15member of the Iowa peace officers association.
16j. The commissioner of the department of public safety or
17the commissioner’s designee.
18k. A member of the Iowa county attorneys association.
19l. The attorney general or the attorney general’s designee.
20m. The governor or the governor’s designee.
213. Members of the committee other than members of the
22general assembly shall be nonvoting members.
234. The committee shall issue a report, including findings
24and recommendations, to the governor and the general assembly
25no later than December 15, 2023.
26DIVISION VI
27HUMAN TRAFFICKING STUDY
28 Sec. 30. HUMAN TRAFFICKING INTERIM STUDY COMMITTEE.
291. The legislative council is requested to establish a human
30trafficking interim study committee to do all of the following:
31a. Identify current initiatives to eliminate the human
32trafficking of minors in the state.
33b. Identify current services available in the state for
34minor victims of human trafficking.
35c. Identify and investigate the laws of other states that
-24-1focus on minor victims of human trafficking, concentrating on
2those states that border Iowa, to determine if another state’s
3model would be effective in Iowa. Recommendations shall
4include funding needs for any services or programs.
5d. Research and recommend a model of rehabilitative
6services for minor victims of human trafficking that includes
7input from law enforcement, social services organizations, the
8judicial system, and mental health professionals.
9e. Identify barriers that prevent minor victims of human
10trafficking from seeking legal assistance or medical attention.
11f. Create a procedure to be followed by all law enforcement
12officers statewide if a law enforcement officer encounters a
13minor who may be a victim of human trafficking.
14g. Investigate the efficacy of safe harbor laws.
15h. Investigate and identify potential routes to eliminate
16human trafficking of minors in the state.
17i. Make recommendations on appropriate human
18trafficking-related training for law enforcement officers,
19county attorneys, and juvenile service officers.
20j. Identify funding needs based upon recommendations made
21by the committee.
222. The committee shall include all of the following members:
23a. Three members of the senate, two of whom shall be
24appointed by the majority leader of the senate, and one of whom
25shall be appointed by the minority leader of the senate.
26b. Three members of the house of representatives, two
27of whom shall be appointed by the speaker of the house of
28representatives, and one of whom shall be appointed by the
29minority leader of the house of representatives.
30c. A representative of the department of public safety.
31d. A representative of the office to combat human
32trafficking.
33e. A representative of the attorney general’s office.
34f. A representative of the department of health and human
35services.
-25- 1g. A representative of juvenile court services.
2h. The chief of police or head law enforcement official of
3a city in this state with a population of two hundred thousand
4or more as determined by the most recent population estimates
5issued by the United States bureau of census.
6i. The chief of police or head law enforcement official of
7a city in this state with a population of less than two hundred
8thousand as determined by the most recent federal decennial
9census.
10j. A county sheriff.
11k. Up to two county attorneys who serve on child protection
12assistance teams under section 915.35, subsection 4, paragraph
13“a”.
14l. Up to two members of the public who are former human
15trafficking victims.
16m. Up to two criminal defense attorneys with experience in
17human trafficking cases.
18n. A representative from the Iowa network against human
19trafficking.
203. Members of the committee other than members of the
21general assembly shall be nonvoting members.
224. The committee shall issue a report, including findings
23and recommendations, to the governor and the general assembly
24no later than December 15, 2023.
25DIVISION VII
26DIRECTIVE — department of public safety
27 Sec. 31. DEPARTMENT OF PUBLIC SAFETY — PEACE OFFICERS’
28RETIREMENT, ACCIDENT, AND DISABILITY SYSTEM. For the fiscal
29year beginning July 1, 2023, and ending June 30, 2024, the
30department of public safety shall pay to the peace officers’
31retirement, accident, and disability system created in chapter
3297A, from moneys appropriated in this Act to the department
33of public safety for the division of state patrol, the amount
34sufficient to fund the actuarial cost of the remaining transfer
35identified in 2023 Iowa Acts, Senate File 513, after the
-26-1trustee-to-trustee lump sum transfer required by that Act has
2been performed.
3 Sec. 32. CONTINGENT EFFECTIVE DATE. This division of this
4Act takes effect July 1, 2023, if 2023 Iowa Acts, Senate File
5513, is enacted.
as/ns/mb
2system, including by providing for payments associated
3with indigent defense and representation, the funding
4of activities relating to consumer fraud and antitrust,
5a corrections capital reinvestment fund, an Iowa law
6enforcement academy study, a human trafficking study, and
7the funding of peace officer retirement, and including
8effective date and retroactive applicability provisions.
9BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2FY 2023-2024 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, 2023, and ending June 30, 2024, 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:
.................................................. $177,749,860
............................................... FTEs18228.00
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, 2024, 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, 2022,
10and actual and expected reimbursements for the fiscal year
11beginning July 1, 2023.
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, 2024.
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 commerce revolving fund created in section 546.12, as
32amended by 2023 Iowa Acts, Senate File 514, to the office of
33consumer advocate of the department of justice for the fiscal
34year beginning July 1, 2023, and ending June 30, 2024, the
35following amount, or so much thereof as is necessary, to be
-3-1used for the purposes designated:
2For salaries, support, maintenance, and miscellaneous
3purposes, and for not more than the following full-time
4equivalent positions:
.................................................. $53,378,093
............................................... FTEs618.00
7The office of consumer advocate shall include in its charges
8assessed or revenues generated an amount sufficient to cover
9the amount stated in its appropriation and any state-assessed
10indirect costs determined by the department of administrative
11services.
12 Sec. 3. DEPARTMENT OF CORRECTIONS — FACILITIES.
131. There is appropriated from the general fund of the state
14to the department of corrections for the fiscal year beginning
15July 1, 2023, and ending June 30, 2024, the following amounts,
16or so much thereof as is necessary, to be used for the purposes
17designated:
18a. For the operation of the Fort Madison correctional
19facility, including salaries, support, maintenance, and
20miscellaneous purposes:
.................................................. $2144,192,771
22b. For the operation of the Anamosa correctional facility,
23including salaries, support, maintenance, and miscellaneous
24purposes:
.................................................. $2537,022,808
26c. For the operation of the Oakdale correctional facility,
27including salaries, support, maintenance, and miscellaneous
28purposes:
.................................................. $2956,368,832
30d. For the Oakdale correctional facility for
31department-wide institutional pharmaceuticals and miscellaneous
32purposes:
.................................................. $339,550,417
34e. For the operation of the Newton correctional facility,
35including salaries, support, maintenance, and miscellaneous
-4-1purposes:
.................................................. $230,437,665
3f. For the operation of the Mount Pleasant correctional
4facility, including salaries, support, maintenance, and
5miscellaneous purposes:
.................................................. $628,642,429
7g. For the operation of the Rockwell City correctional
8facility, including salaries, support, maintenance, and
9miscellaneous purposes:
.................................................. $1011,090,142
11h. For the operation of the Clarinda correctional facility,
12including salaries, support, maintenance, and miscellaneous
13purposes:
.................................................. $1427,355,684
15Moneys received by the department of corrections as
16reimbursement for services provided to the Clarinda youth
17corporation are appropriated to the department and shall be
18used for the purpose of operating the Clarinda correctional
19facility.
20i. For the operation of the Mitchellville correctional
21facility, including salaries, support, maintenance, and
22miscellaneous purposes:
.................................................. $2324,946,721
24j. For the operation of the Fort Dodge correctional
25facility, including salaries, support, maintenance, and
26miscellaneous purposes:
.................................................. $2732,742,479
28k. For reimbursement of counties for temporary confinement
29of prisoners, as provided in sections 901.7, 904.908, and
30906.17, and for offenders confined pursuant to section 904.513:
.................................................. $311,195,319
32l. For federal prison reimbursement, reimbursements for
33out-of-state placements, and miscellaneous contracts:
.................................................. $34234,411
352. The department of corrections shall use moneys
-5-1appropriated in subsection 1 to continue to contract for the
2services of a Muslim imam and a Native American spiritual
3leader.
4 Sec. 4. DEPARTMENT OF CORRECTIONS — ADMINISTRATION.
5There is appropriated from the general fund of the state to the
6department of corrections for the fiscal year beginning July
71, 2023, and ending June 30, 2024, the following amounts, or
8so much thereof as is necessary, to be used for the purposes
9designated:
101. For general administration, including salaries and the
11adjustment of salaries throughout the department, support,
12maintenance, employment of an education director to administer
13a centralized education program for the correctional system,
14and miscellaneous purposes:
.................................................. $156,313,331
16a. It is the intent of the general assembly that each
17lease negotiated by the department of corrections with a
18private corporation for the purpose of providing private
19industry employment of inmates in a correctional institution
20shall prohibit the private corporation from utilizing inmate
21labor for partisan political purposes for any person seeking
22election to public office in this state and that a violation
23of this requirement shall result in a termination of the lease
24agreement.
25b. It is the intent of the general assembly that as a
26condition of receiving the appropriation provided in this
27subsection the department of corrections shall not enter into
28a lease or contractual agreement pursuant to section 904.809
29with a private corporation for the use of building space for
30the purpose of providing inmate employment without providing
31that the terms of the lease or contract establish safeguards to
32restrict, to the greatest extent feasible, access by inmates
33working for the private corporation to personal identifying
34information of citizens.
352. For educational programs for inmates at state penal
-6-1institutions:
.................................................. $22,608,109
3a. To maximize the funding for educational programs,
4the department shall establish guidelines and procedures to
5prioritize the availability of educational and vocational
6training for inmates based upon the goal of facilitating an
7inmate’s successful release from the correctional institution.
8b. The director of the department of corrections may
9transfer moneys from Iowa prison industries and the canteen
10operating funds established pursuant to section 904.310, for
11use in educational programs for inmates.
12c. Notwithstanding section 8.33, moneys appropriated in
13this subsection that remain unencumbered or unobligated at the
14close of the fiscal year shall not revert but shall remain
15available to be used only for the purposes designated in this
16subsection until the close of the succeeding fiscal year.
173. For the development and operation of the Iowa corrections
18offender network (ICON) data system:
.................................................. $192,000,000
204. For offender mental health and substance abuse
21treatment:
.................................................. $2228,065
235. For department-wide duties, including operations, costs,
24and miscellaneous purposes:
.................................................. $2512,974,108
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, 2023, and ending June 30, 2024, 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-.................................................. $116,207,339
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:
.................................................. $712,789,649
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:
.................................................. $137,710,790
14d. For the fourth judicial district department of
15correctional services:
.................................................. $166,193,805
17e. For the fifth judicial district department of
18correctional services, including funding for electronic
19monitoring devices for use on a statewide basis:
.................................................. $2023,440,024
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:
.................................................. $2616,755,370
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:
.................................................. $3210,362,851
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:
.................................................. $39,238,778
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 office of drug control policy of the department
18of public safety shall consider federal grants made to the
19department of corrections for the benefit of each of the eight
20judicial district departments of correctional services as local
21government grants, 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 in
27pretrial hearings when determining whether to detain or release
28a defendant before trial until such time the use of the public
29safety assessment has been specifically authorized by the
30general assembly.
31 Sec. 6. DEPARTMENT OF CORRECTIONS — REALLOCATION OF
32APPROPRIATIONS. Notwithstanding section 8.39, within the
33moneys appropriated in this division of this Act to the
34department of corrections, the department may reallocate the
35moneys appropriated and allocated as necessary to best fulfill
-9-1the needs of the correctional institutions, administration
2of the department, and the judicial district departments of
3correctional services. However, in addition to complying with
4the requirements of sections 904.116 and 905.8 and providing
5notice to the legislative services agency, the department
6of corrections shall also provide notice to the department
7of management, prior to the effective date of the revision
8or reallocation of an appropriation made pursuant to this
9section. The department of corrections shall not reallocate an
10appropriation or allocation for the purpose of eliminating any
11program.
12 Sec. 7. INTENT — REPORTS.
131. The department of corrections, in cooperation with
14townships, the Iowa cemetery associations, and other nonprofit
15or governmental entities, may use inmate labor during the
16fiscal year beginning July 1, 2023, to restore or preserve
17rural cemeteries and historical landmarks. The department, in
18cooperation with the counties, may also use inmate labor to
19clean up roads, major water sources, and other water sources
20around the state.
212. By January 15, 2024, the department shall provide an
22annual status report regarding private-sector employment to
23the general assembly. The report shall include the number
24of offenders employed in the private sector, the combined
25number of hours worked by the offenders, the total amount of
26allowances, and the distribution of allowances pursuant to
27section 904.702, including any moneys deposited in the general
28fund of the state.
29 Sec. 8. ELECTRONIC MONITORING REPORT. The department of
30corrections shall submit a report on electronic monitoring
31to the general assembly by January 15, 2024. The report
32shall specifically address the number of persons being
33electronically monitored and break down the number of persons
34being electronically monitored by offense committed. The
35report shall also include a comparison of any data from the
-10-1prior fiscal year with the current fiscal year.
2 Sec. 9. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES.
31. As used in this section, unless the context otherwise
4requires, “state agency” means the government of the state
5of Iowa, including but not limited to all executive branch
6departments, agencies, boards, bureaus, and commissions, the
7judicial branch, the general assembly and all legislative
8agencies, institutions within the purview of the state board of
9regents, and any corporation whose primary function is to act
10as an instrumentality of the state.
112. State agencies are encouraged to purchase products from
12Iowa state industries, as defined in section 904.802, when
13purchases are required and the products are available from
14Iowa state industries. State agencies shall obtain bids from
15Iowa state industries for purchases of office furniture during
16the fiscal year beginning July 1, 2023, exceeding $5,000 or
17in accordance with applicable administrative rules related to
18purchases for the agency.
19 Sec. 10. IOWA LAW ENFORCEMENT ACADEMY.
201. There is appropriated from the general fund of the
21state to the Iowa law enforcement academy for the fiscal year
22beginning July 1, 2023, and ending June 30, 2024, the following
23amount, or so much thereof as is necessary, to be used for the
24purposes designated:
25a. For salaries, support, maintenance, and miscellaneous
26purposes, including jailer training and technical assistance,
27and for not more than the following full-time equivalent
28positions:
.................................................. $291,238,504
............................................... FTEs3030.25
31b. The Iowa law enforcement academy may temporarily exceed
32and draw more than the amount appropriated in this subsection
33and incur a negative cash balance as long as there are
34receivables equal to or greater than the negative balance and
35the amount appropriated in this subsection is not exceeded at
-11-1the close of the fiscal year.
22. The Iowa law enforcement academy may select at least
3five automobiles of the department of public safety, division
4of state patrol, prior to turning over the automobiles to
5the department of administrative services to be disposed
6of by public auction, and the Iowa law enforcement academy
7may exchange any automobile owned by the academy for each
8automobile selected if the selected automobile is used in
9training law enforcement officers at the academy. However, any
10automobile exchanged by the academy shall be substituted for
11the selected vehicle of the department of public safety and
12sold by public auction with the receipts being deposited in the
13depreciation fund maintained pursuant to section 8A.365 to the
14credit of the department of public safety, division of state
15patrol.
163. The Iowa law enforcement academy shall provide training
17for domestic abuse and human trafficking-related issues
18throughout the state. The training shall be offered at no
19cost to the attendees and the training shall not replace any
20existing domestic abuse or human trafficking training offered
21by the academy.
22 Sec. 11. STATE PUBLIC DEFENDER.
231. There is appropriated from the general fund of the state
24to the office of the state public defender of the department
25of inspections, appeals, and licensing for the fiscal year
26beginning July 1, 2023, and ending June 30, 2024, the following
27amounts, or so much thereof as is necessary, to be used for the
28purposes designated:
29a. For salaries, support, maintenance, and miscellaneous
30purposes, and for not more than the following full-time
31equivalent positions:
.................................................. $3230,718,203
............................................... FTEs33241.00
34b. For payments on behalf of eligible adults and juveniles
35from the indigent defense fund, in accordance with section
-12-1815.11:
.................................................. $244,046,374
32. Moneys received by the office of the state public
4defender pursuant to Tit.IV-E of the federal Social Security
5Act remaining unencumbered and unobligated at the end of the
6fiscal year shall not revert but shall be transferred to the
7Tit.IV-E juvenile justice improvement fund created in 2022
8Iowa Acts, chapter 1146, section 11, subsection 3, to remain
9available for expenditure by the office of the state public
10defender in succeeding fiscal years for the purposes allowed by
11Tit.IV-E of the federal Social Security Act.
12 Sec. 12. BOARD OF PAROLE. There is appropriated from the
13general fund of the state to the board of parole for the fiscal
14year beginning July 1, 2023, and ending June 30, 2024, the
15following amount, or so much thereof as is necessary, to be
16used for the purposes designated:
17For salaries, support, maintenance, and miscellaneous
18purposes, and for not more than the following full-time
19equivalent positions:
.................................................. $201,517,894
............................................... FTEs2111.00
22 Sec. 13. DEPARTMENT OF PUBLIC DEFENSE.
231. There is appropriated from the general fund of the
24state to the department of public defense, for the fiscal year
25beginning July 1, 2023, and ending June 30, 2024, the following
26amount, or so much thereof as is necessary, to be used for the
27purposes designated:
28For salaries, support, maintenance, and miscellaneous
29purposes, and for not more than the following full-time
30equivalent positions:
.................................................. $316,963,037
............................................... FTEs32248.00
332. The department of public defense may temporarily exceed
34and draw more than the amount appropriated in this section and
35incur a negative cash balance as long as there are receivables
-13-1of federal funds equal to or greater than the negative balance
2and the amount appropriated in this section is not exceeded at
3the close of the fiscal year.
4 Sec. 14. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
5MANAGEMENT.
61. There is appropriated from the general fund of the state
7to the department of homeland security and emergency management
8for the fiscal year beginning July 1, 2023, and ending June 30,
92024, the following amount, or so much thereof as is necessary,
10to be used for the purposes designated:
11For salaries, support, maintenance, and miscellaneous
12purposes, and for not more than the following full-time
13equivalent positions:
.................................................. $142,439,389
............................................... FTEs1525.44
162. The department of homeland security and emergency
17management may temporarily exceed and draw more than the amount
18appropriated in this section and incur a negative cash balance
19as long as there are receivables of federal funds equal to or
20greater than the negative balance and the amount appropriated
21in this section is not exceeded at the close of the fiscal
22year.
23 Sec. 15. DEPARTMENT OF PUBLIC SAFETY. There is appropriated
24from the general fund of the state to the department of public
25safety for the fiscal year beginning July 1, 2023, and ending
26June 30, 2024, the following amounts, or so much thereof as is
27necessary, to be used for the purposes designated:
281. For administrative functions, including salaries and the
29adjustment of salaries throughout the department, the criminal
30justice information system, and for not more than the following
31full-time equivalent positions:
.................................................. $325,920,476
............................................... FTEs3347.00
342. For the division of criminal investigation, including
35the state’s contribution to the peace officers’ retirement,
-14-1accident, and disability system provided in chapter 97A in the
2amount of the state’s normal contribution rate, as defined in
3section 97A.8, multiplied by the salaries for which the moneys
4are appropriated, to meet federal fund matching requirements,
5and for not more than the following full-time equivalent
6positions:
.................................................. $719,712,633
............................................... FTEs8180.00
93. For the criminalistics laboratory fund created in
10section 691.9:
.................................................. $11650,000
12Notwithstanding section 8.33, moneys appropriated in this
13subsection that remain unencumbered or unobligated at the close
14of the fiscal year shall not revert but shall remain available
15for expenditure for the purposes designated until the close of
16the succeeding fiscal year.
174. a. For the division of narcotics enforcement, including
18the state’s contribution to the peace officers’ retirement,
19accident, and disability system provided in chapter 97A in the
20amount of the state’s normal contribution rate, as defined in
21section 97A.8, multiplied by the salaries for which the moneys
22are appropriated, to meet federal fund matching requirements,
23and for not more than the following full-time equivalent
24positions:
.................................................. $258,613,894
............................................... FTEs2667.00
27The division of narcotics enforcement is authorized an
28additional 1.00 full-time equivalent position pursuant to
29this lettered paragraph that is in excess of the number of
30full-time equivalent positions authorized for the previous
31fiscal year only if the division of narcotics enforcement
32receives sufficient federal moneys to maintain employment
33for the additional full-time equivalent position during the
34current fiscal year. The division of narcotics enforcement
35shall only employ the additional full-time equivalent position
-15-1in succeeding fiscal years if sufficient federal moneys are
2received during each of those succeeding fiscal years.
3b. For the division of narcotics enforcement for undercover
4purchases:
.................................................. $5209,042
65. For the division of state fire marshal, for fire
7protection services as provided through the state fire service
8and emergency response council as created in the department,
9and for the state’s contribution to the peace officers’
10retirement, accident, and disability system provided in chapter
1197A in the amount of the state’s normal contribution rate,
12as defined in section 97A.8, multiplied by the salaries for
13which the moneys are appropriated, and for not more than the
14following full-time equivalent positions:
.................................................. $153,230,743
............................................... FTEs1621.00
176. For the division of state patrol, for salaries, support,
18maintenance, workers’ compensation costs, and miscellaneous
19purposes, including the state’s contribution to the peace
20officers’ retirement, accident, and disability system provided
21in chapter 97A in the amount of the state’s normal contribution
22rate, as defined in section 97A.8, multiplied by the salaries
23for which the moneys are appropriated, and for not more than
24the following full-time equivalent positions:
.................................................. $2587,066,931
............................................... FTEs26613.00
27It is the intent of the general assembly that members of the
28state patrol be assigned to patrol the highways and roads in
29lieu of assignments for inspecting school buses for the school
30districts.
317. For deposit in the sick leave benefits fund established
32in section 80.42 for all departmental employees eligible to
33receive benefits for accrued sick leave under the collective
34bargaining agreement:
.................................................. $35279,517
-16- 18. For costs associated with the training and equipment
2needs of volunteer fire fighters:
.................................................. $31,075,520
4Notwithstanding section 8.33, moneys appropriated in this
5subsection that remain unencumbered or unobligated at the close
6of the fiscal year shall not revert but shall remain available
7for expenditure for the purposes designated in this subsection
8until the close of the succeeding fiscal year.
99. For the public safety interoperable and broadband
10communications fund established in section 80.44:
.................................................. $11115,661
1210. For the office to combat human trafficking established
13pursuant to section 80.45, including salaries, support,
14maintenance, and miscellaneous purposes, and for not more than
15the following full-time equivalent positions:
.................................................. $16200,742
............................................... FTEs172.00
1811. For department-wide duties, including operations,
19costs, and miscellaneous purposes:
.................................................. $206,456,270
2112. For deposit in the public safety equipment fund
22established in section 80.48 for the purchase, maintenance, and
23replacement of equipment used by the department:
.................................................. $242,500,000
2513. For the office of drug control policy, for salaries,
26support, maintenance, and miscellaneous purposes, including
27statewide coordination of the drug abuse resistance education
28(D.A.R.E) programs or other similar programs, and for not more
29than the following full-time equivalent positions:
.................................................. $30249,219
............................................... FTEs314.00
32Notwithstanding section 8.39, the department of public
33safety may reallocate moneys appropriated in this section
34as necessary to best fulfill the needs provided for in the
35appropriation. However, the department shall not reallocate
-17-1moneys appropriated to the department in this section unless
2notice of the reallocation is given to the legislative services
3agency and the department of management prior to the effective
4date of the reallocation. The notice shall include information
5regarding the rationale for reallocating the moneys. The
6department shall not reallocate moneys appropriated in this
7section for the purpose of eliminating any program.
8 Sec. 16. GAMING ENFORCEMENT.
91. There is appropriated from the gaming enforcement
10revolving fund created in section 80.43 to the department of
11public safety for the fiscal year beginning July 1, 2023, and
12ending June 30, 2024, the following amount, or so much thereof
13as is necessary, to be used for the purposes designated:
14For any direct support costs for agents and officers of
15the division of criminal investigation’s excursion gambling
16boat, gambling structure, and racetrack enclosure enforcement
17activities, including salaries, support, maintenance, and
18miscellaneous purposes, and for not more than the following
19full-time equivalent positions:
.................................................. $2010,778,483
............................................... FTEs2165.00
222. For each additional license to conduct gambling games on
23an excursion gambling boat, gambling structure, or racetrack
24enclosure issued during the fiscal year beginning July 1, 2023,
25there is appropriated from the gaming enforcement revolving
26fund to the department of public safety for the fiscal year
27beginning July 1, 2023, and ending June 30, 2024, an additional
28amount of not more than $300,000 to be used for full-time
29equivalent positions.
303. The department of public safety, with the approval of the
31department of management, may employ no more than three special
32agents for each additional riverboat or gambling structure
33regulated after July 1, 2024, and three special agents for
34each racing facility which becomes operational during the
35fiscal year which begins July 1, 2024. Positions authorized
-18-1in this subsection are in addition to the full-time equivalent
2positions otherwise authorized in this section.
3 Sec. 17. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
4MANAGEMENT. There is appropriated from the 911 emergency
5communications fund created in section 34A.7A to the department
6of homeland security and emergency management for the fiscal
7year beginning July 1, 2023, and ending June 30, 2024, the
8following amount, or so much thereof as is necessary, to be
9used for the purposes designated:
10For implementation, support, and maintenance of the
11functions of the administrator and program manager under
12chapter 34A and to employ the auditor of the state to perform
13an annual audit of the 911 emergency communications fund:
.................................................. $14300,000
15 Sec. 18. CONSUMER EDUCATION AND LITIGATION — FARM
16MEDIATION AND PROSECUTIONS, APPEALS, AND CLAIMS.
17Notwithstanding section 714.16C, there is appropriated from the
18consumer education and litigation fund to the department of
19justice for the fiscal year beginning July 1, 2023, and ending
20June 30, 2024, the following amounts, or so much thereof as is
21necessary, to be used for the purposes designated:
221. For farm mediation services as specified in section
2313.13, subsection 2:
.................................................. $24300,000
252. For salaries, support, maintenance, and miscellaneous
26purposes for criminal prosecutions, criminal appeals, and
27performing duties pursuant to chapter 669:
.................................................. $282,000,000
29DIVISION II
30INDIGENT DEFENSE and representation
31 Sec. 19. Section 815.7, subsections 6 and 7, Code 2023, are
32amended to read as follows:
336. For appointments made on or after July 1, 2021, through
34June 30, 2022, the reasonable compensation shall be calculated
35on the basis of seventy-six dollars per hour for class “A”
-19-1felonies, seventy-one dollars per hour for class “B” felonies,
2and sixty-six dollars per hour for all other cases.
37. For appointments made on or after July 1, 2022, through
4June 30, 2023, the reasonable compensation shall be calculated
5on the basis of seventy-eight dollars per hour for class
6“A” felonies, seventy-three dollars per hour for class “B”
7felonies, and sixty-eight dollars per hour for all other cases.
8 Sec. 20. Section 815.7, Code 2023, is amended by adding the
9following new subsection:
10 NEW SUBSECTION. 7A. For appointments made on or after July
111, 2023, the reasonable compensation shall be calculated on the
12basis of eighty-three dollars per hour for class “A” felonies,
13seventy-eight dollars per hour for class “B” felonies, and
14seventy-three dollars per hour for all other cases.
15 Sec. 21. NEW SECTION. 815.7A Travel time for attorney or
16guardian ad litem.
171. Compensation for time spent by an attorney or guardian
18ad litem traveling outside of the attorney’s or guardian ad
19litem’s county of domicile is payable when the travel is
20reasonable and necessary to represent the indigent client and
21shall be calculated at a rate of thirty-five dollars per hour.
22Compensation for travel for a court proceeding other than a
23trial or other contested proceeding shall only be paid if the
24attorney or guardian ad litem files a motion for a remote
25hearing and the motion is denied. This section does not affect
26any allowable compensation for time spent traveling already
27compensated pursuant to any other applicable provision of law.
282. Compensation for travel for an arraignment, pretrial
29conference, scheduling conference, or any other uncontested or
30nontestimonial judicial proceeding, for which a request for a
31remote hearing was denied, paid to the attorney or guardian ad
32litem from the indigent defense fund created in section 815.11
33shall be reimbursed by the judicial branch.
343. For purposes of this section, “county of domicile” means
35the address the attorney or guardian ad litem has on file with
-20-1the office of the state public defender.
2DIVISION III
3ATTORNEY GENERAL — ANTITRUST FUND — CONSUMER EDUCATION AND
4LITIGATION FUND
5 Sec. 22. 2014 Iowa Acts, chapter 1138, section 21, as
6amended by 2016 Iowa Acts, chapter 1137, section 18, 2017 Iowa
7Acts, chapter 167, section 24, 2019 Iowa Acts, chapter 163,
8section 26, and 2021 Iowa Acts, chapter 166, section 23, is
9amended to read as follows:
10SEC. 21. CONSUMER EDUCATION AND LITIGATION
11FUND. Notwithstanding section 714.16C, for each fiscal
12year of the period beginning July 1, 2014, and ending June
1330, 2023 2025, the annual appropriations in section 714.16C,
14are increased from $1,125,000 to $1,875,000, and $75,000 to
15$125,000 respectively.
16 Sec. 23. DEPARTMENT OF JUSTICE LITIGATION
17FUNDS. Notwithstanding sections 553.19 and 714.16C,
18for the fiscal years beginning July 1, 2022, and ending June
1930, 2023, and beginning July 1, 2023, and ending June 30,
202024, any moneys not otherwise appropriated from the antitrust
21fund created in section 553.19 and the consumer education and
22litigation fund created in section 714.16C are appropriated to
23the department of justice for salaries, support, maintenance,
24and miscellaneous purposes necessary to perform the duties
25described in section 13.2.
26 Sec. 24. EFFECTIVE DATE. The following, being deemed of
27immediate importance, takes effect upon enactment:
28The section of this division of this Act regarding the use of
29moneys not otherwise appropriated from the antitrust fund and
30the consumer education and litigation fund.
31 Sec. 25. RETROACTIVE APPLICABILITY. The following applies
32retroactively to July 1, 2022:
33The section of this division of this Act regarding the use of
34moneys not otherwise appropriated from the antitrust fund and
35the consumer education and litigation fund.
-21-1DIVISION IV
2DEPARTMENT OF CORRECTIONS
3 Sec. 26. Section 904.317, Code 2023, is amended to read as
4follows:
5904.317 Director may buy and sell real estate — options.
61. The director, subject to the approval of the board, may
7secure options to purchase real estate and acquire and sell
8real estate for the proper uses of the institutions. Real
9estate shall be acquired and sold upon terms and conditions
10the director recommends subject to the approval of the board.
11Upon sale of the real estate, the proceeds shall be deposited
12with the treasurer of state and credited to the general fund
13of the state in a corrections capital reinvestment fund, which
14is established in the state treasury under the purview of
15the department. There is appropriated from the general fund
16of the state to the department a sum equal to the proceeds,
17 so deposited and credited to the general fund of the state
18 which may be used to purchase other real estate or for capital
19improvements upon property under the director’s supervision.
20Notwithstanding section 8.33, moneys in the fund that remain
21unencumbered or unobligated at the close of a fiscal year shall
22not revert but shall remain available for expenditure for the
23purposes designated. Notwithstanding section 12C.7, subsection
242, interest or earnings on moneys in the fund shall be credited
25to the fund.
262. The costs incident to the securing of options and
27acquisition and sale of real estate including, but not limited
28to, appraisals, invitations for offers, abstracts, and other
29necessary costs, may be paid from moneys appropriated for
30support and maintenance to the institution at which the real
31estate is located. The fund funding source for these costs
32 shall be reimbursed from the proceeds of the sale.
33 Sec. 27. TRANSFER. Moneys remaining in the general
34fund of the state on June 30, 2023, from the sale of real
35estate pursuant to section 904.317, that are available to the
-22-1department of corrections are transferred to the corrections
2capital reinvestment fund established in section 904.317, as
3amended in this division of this Act.
4 Sec. 28. EFFECTIVE DATE. This division of this Act takes
5effect June 30, 2023.
6DIVISION V
7IOWA LAW ENFORCEMENT ACADEMY study
8 Sec. 29. IOWA LAW ENFORCEMENT ACADEMY INTERIM STUDY
9COMMITTEE.
101. The legislative council is requested to establish an Iowa
11law enforcement academy interim study committee to do all of
12the following:
13a. Review and evaluate minimum entrance requirements, the
14course of study, attendance requirements, and the sufficiency
15of current equipment and facilities.
16b. Review and evaluate minimum basic training requirements.
17c. Review and evaluate minimum standards of physical,
18mental, educational, and moral fitness.
19d. Consider additional locations for law enforcement
20training schools and current and future facility needs.
212. The committee shall include all of the following members:
22a. Ten members of the general assembly, including five
23members of the senate, three of whom shall be appointed by
24the majority leader of the senate and two of whom shall be
25appointed by the minority leader of the senate, and five
26members of the house of representatives, three of whom shall be
27appointed by the speaker of the house of representatives and
28two of whom shall be appointed by the minority leader of the
29house of representatives.
30b. The director of the Iowa law enforcement academy or the
31director’s designee.
32c. A member of the Iowa law enforcement academy council.
33d. A sheriff of a county with a population of fifty thousand
34or more who is a member of the Iowa state sheriffs and deputies
35association.
-23- 1e. A sheriff of a county with a population of less than
2fifty thousand who is a member of the Iowa state sheriffs and
3deputies association.
4f. A police chief of a city with a population of fifty
5thousand or more who is a member of the Iowa police chiefs
6association.
7g. A police chief of a city with a population of less
8than fifty thousand who is a member of the Iowa police chiefs
9association.
10h. A police officer who is a member of a police department
11of a city with a population of fifty thousand or more who is a
12member of the Iowa peace officers association.
13i. A police officer who is a member of a police department
14of a city with a population of less than fifty thousand who is a
15member of the Iowa peace officers association.
16j. The commissioner of the department of public safety or
17the commissioner’s designee.
18k. A member of the Iowa county attorneys association.
19l. The attorney general or the attorney general’s designee.
20m. The governor or the governor’s designee.
213. Members of the committee other than members of the
22general assembly shall be nonvoting members.
234. The committee shall issue a report, including findings
24and recommendations, to the governor and the general assembly
25no later than December 15, 2023.
26DIVISION VI
27HUMAN TRAFFICKING STUDY
28 Sec. 30. HUMAN TRAFFICKING INTERIM STUDY COMMITTEE.
291. The legislative council is requested to establish a human
30trafficking interim study committee to do all of the following:
31a. Identify current initiatives to eliminate the human
32trafficking of minors in the state.
33b. Identify current services available in the state for
34minor victims of human trafficking.
35c. Identify and investigate the laws of other states that
-24-1focus on minor victims of human trafficking, concentrating on
2those states that border Iowa, to determine if another state’s
3model would be effective in Iowa. Recommendations shall
4include funding needs for any services or programs.
5d. Research and recommend a model of rehabilitative
6services for minor victims of human trafficking that includes
7input from law enforcement, social services organizations, the
8judicial system, and mental health professionals.
9e. Identify barriers that prevent minor victims of human
10trafficking from seeking legal assistance or medical attention.
11f. Create a procedure to be followed by all law enforcement
12officers statewide if a law enforcement officer encounters a
13minor who may be a victim of human trafficking.
14g. Investigate the efficacy of safe harbor laws.
15h. Investigate and identify potential routes to eliminate
16human trafficking of minors in the state.
17i. Make recommendations on appropriate human
18trafficking-related training for law enforcement officers,
19county attorneys, and juvenile service officers.
20j. Identify funding needs based upon recommendations made
21by the committee.
222. The committee shall include all of the following members:
23a. Three members of the senate, two of whom shall be
24appointed by the majority leader of the senate, and one of whom
25shall be appointed by the minority leader of the senate.
26b. Three members of the house of representatives, two
27of whom shall be appointed by the speaker of the house of
28representatives, and one of whom shall be appointed by the
29minority leader of the house of representatives.
30c. A representative of the department of public safety.
31d. A representative of the office to combat human
32trafficking.
33e. A representative of the attorney general’s office.
34f. A representative of the department of health and human
35services.
-25- 1g. A representative of juvenile court services.
2h. The chief of police or head law enforcement official of
3a city in this state with a population of two hundred thousand
4or more as determined by the most recent population estimates
5issued by the United States bureau of census.
6i. The chief of police or head law enforcement official of
7a city in this state with a population of less than two hundred
8thousand as determined by the most recent federal decennial
9census.
10j. A county sheriff.
11k. Up to two county attorneys who serve on child protection
12assistance teams under section 915.35, subsection 4, paragraph
13“a”.
14l. Up to two members of the public who are former human
15trafficking victims.
16m. Up to two criminal defense attorneys with experience in
17human trafficking cases.
18n. A representative from the Iowa network against human
19trafficking.
203. Members of the committee other than members of the
21general assembly shall be nonvoting members.
224. The committee shall issue a report, including findings
23and recommendations, to the governor and the general assembly
24no later than December 15, 2023.
25DIVISION VII
26DIRECTIVE — department of public safety
27 Sec. 31. DEPARTMENT OF PUBLIC SAFETY — PEACE OFFICERS’
28RETIREMENT, ACCIDENT, AND DISABILITY SYSTEM. For the fiscal
29year beginning July 1, 2023, and ending June 30, 2024, the
30department of public safety shall pay to the peace officers’
31retirement, accident, and disability system created in chapter
3297A, from moneys appropriated in this Act to the department
33of public safety for the division of state patrol, the amount
34sufficient to fund the actuarial cost of the remaining transfer
35identified in 2023 Iowa Acts, Senate File 513, after the
-26-1trustee-to-trustee lump sum transfer required by that Act has
2been performed.
3 Sec. 32. CONTINGENT EFFECTIVE DATE. This division of this
4Act takes effect July 1, 2023, if 2023 Iowa Acts, Senate File
5513, is enacted.
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