Print
Senate File 509 - IntroducedA Bill ForAn Act 1relating to appropriations to the justice system.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2FY 2017-2018
3APPROPRIATIONS
4 Section 1. DEPARTMENT OF JUSTICE.
51. There is appropriated from the general fund of the state
6to the department of justice for the fiscal year beginning July
71, 2017, and ending June 30, 2018, the following amounts, or
8so much thereof as is necessary, to be used for the purposes
9designated:
10a. For the general office of attorney general for salaries,
11support, maintenance, and miscellaneous purposes, including
12the prosecuting attorneys training program, matching funds
13for federal violence against women grant programs, victim
14assistance grants, office of drug control policy prosecuting
15attorney program, and odometer fraud enforcement, and for not
16more than the following full-time equivalent positions:
.................................................. $176,672,307
............................................... FTEs18215.00
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.
23b. For victim assistance grants:
.................................................. $245,016,708
25The moneys appropriated in this lettered paragraph shall be
26used to provide grants to care providers providing services to
27crime victims of domestic abuse or to crime victims of rape and
28sexual assault.
29The balance of the victim compensation fund established in
30section 915.94 may be used to provide salary and support of not
31more than 19.00 full-time equivalent positions and to provide
32maintenance for the victim compensation functions of the
33department of justice. In addition to the full-time equivalent
34positions authorized pursuant to this lettered paragraph, the
35department of justice is authorized 5.00 full-time equivalent
-1-1positions to provide maintenance for victim compensation
2functions and such additional full-time equivalent positions
3shall be used by the department of justice to employ one
4accountant and four program planners. The department of
5justice may employ the additional 5.00 full-time equivalent
6positions authorized pursuant to this lettered paragraph only
7if the department of justice receives sufficient federal moneys
8to maintain employment for the additional full-time equivalent
9positions during the current fiscal year. The department
10of justice shall only employ the additional 5.00 full-time
11equivalent positions in succeeding fiscal years if sufficient
12federal moneys are received during each of those succeeding
13fiscal years.
14The department of justice shall transfer at least $150,000
15from the victim compensation fund established in section 915.94
16to the victim assistance grant program.
17Notwithstanding section 8.33, moneys appropriated in this
18paragraph “b” that remain unencumbered or unobligated at the
19close of the fiscal year shall not revert but shall remain
20available for expenditure for the purposes designated until the
21close of the succeeding fiscal year.
22c. For legal services for persons in poverty grants as
23provided in section 13.34:
.................................................. $242,304,601
252. a. The department of justice, in submitting budget
26estimates for the fiscal year commencing July 1, 2018, pursuant
27to section 8.23, shall include a report of funding from sources
28other than amounts appropriated directly from the general fund
29of the state to the department of justice or to the office of
30consumer advocate. These funding sources shall include but
31are not limited to reimbursements from other state agencies,
32commissions, boards, or similar entities, and reimbursements
33from special funds or internal accounts within the department
34of justice. The department of justice shall also report actual
35reimbursements for the fiscal year commencing July 1, 2017,
-2-1and actual and expected reimbursements for the fiscal year
2commencing July 1, 2018.
3b. The department of justice shall include the report
4required under paragraph “a”, as well as information regarding
5any revisions occurring as a result of reimbursements actually
6received or expected at a later date, in a report to the
7co-chairpersons and ranking members of the joint appropriations
8subcommittee on the justice system and the legislative services
9agency. The department of justice shall submit the report on
10or before January 15, 2018.
113. a. The department of justice shall reimburse the
12costs and necessary related expenses incurred by the Iowa
13law enforcement academy to employ one additional instructor
14position who shall provide training for domestic abuse and
15human trafficking-related issues throughout the state.
16b. The department of justice shall obtain the moneys
17necessary to reimburse the Iowa law enforcement academy to
18employ such an instructor from unrestricted moneys from either
19the victim compensation fund established in section 915.94, the
20human trafficking victim fund established in section 915.95, or
21the human trafficking enforcement fund established in 2015 Iowa
22Acts, chapter 138, section 141.
23 Sec. 2. CONSUMER EDUCATION AND LITIGATION — FARM
24MEDIATION. Notwithstanding section 714.16C, there is
25appropriated from the consumer education and litigation fund to
26the department of justice for the fiscal year beginning July
271, 2017, and ending June 30, 2018, the following amount, or
28so much thereof as is necessary, to be used for the purposes
29designated:
30For farm mediation services as specified in section 13.13,
31subsection 2:
.................................................. $32300,000
33 Sec. 3. OFFICE OF CONSUMER ADVOCATE. There is appropriated
34from the department of commerce revolving fund created in
35section 546.12 to the office of consumer advocate of the
-3-1department of justice for the fiscal year beginning July 1,
22017, and ending June 30, 2018, the following amount, or so
3much thereof as is necessary, to be used for the purposes
4designated:
5For salaries, support, maintenance, and miscellaneous
6purposes, and for not more than the following full-time
7equivalent positions:
.................................................. $83,137,588
............................................... FTEs922.00
10 Sec. 4. DEPARTMENT OF CORRECTIONS — FACILITIES.
111. There is appropriated from the general fund of the state
12to the department of corrections for the fiscal year beginning
13July 1, 2017, and ending June 30, 2018, the following amounts,
14or so much thereof as is necessary, to be used for the purposes
15designated:
16a. For the operation of the Fort Madison correctional
17facility, including salaries, support, maintenance, and
18miscellaneous purposes:
.................................................. $1942,719,050
20b. For the operation of the Anamosa correctional facility,
21including salaries, support, maintenance, and miscellaneous
22purposes:
.................................................. $2332,827,163
24c. For the operation of the Oakdale correctional facility,
25including salaries, support, maintenance, and miscellaneous
26purposes:
.................................................. $2759,491,533
28d. For the operation of the Newton correctional facility,
29including salaries, support, maintenance, and miscellaneous
30purposes:
.................................................. $3127,661,220
32e. For the operation of the Mount Pleasant correctional
33facility, including salaries, support, maintenance, and
34miscellaneous purposes:
.................................................. $3524,676,413
-4- 1f. For the operation of the Rockwell City correctional
2facility, including salaries, support, maintenance, and
3miscellaneous purposes:
.................................................. $49,720,458
5g. For the operation of the Clarinda correctional facility,
6including salaries, support, maintenance, and miscellaneous
7purposes:
.................................................. $825,085,406
9Moneys received by the department of corrections as
10reimbursement for services provided to the Clarinda youth
11corporation are appropriated to the department and shall be
12used for the purpose of operating the Clarinda correctional
13facility.
14h. For the operation of the Mitchellville correctional
15facility, including salaries, support, maintenance, and
16miscellaneous purposes:
.................................................. $1722,394,090
18i. For the operation of the Fort Dodge correctional
19facility, including salaries, support, maintenance, and
20miscellaneous purposes:
.................................................. $2129,766,995
22j. For reimbursement of counties for temporary confinement
23of prisoners, as provided in sections 901.7, 904.908, and
24906.17, and for offenders confined pursuant to section 904.513:
.................................................. $251,575,092
26k. For federal prison reimbursement, reimbursements for
27out-of-state placements, and miscellaneous contracts:
.................................................. $28484,411
292. The department of corrections shall use moneys
30appropriated in subsection 1 to continue to contract for the
31services of a Muslim imam and a Native American spiritual
32leader.
33 Sec. 5. DEPARTMENT OF CORRECTIONS — ADMINISTRATION.
34There is appropriated from the general fund of the state to the
35department of corrections for the fiscal year beginning July
-5-11, 2017, and ending June 30, 2018, the following amounts, or
2so much thereof as is necessary, to be used for the purposes
3designated:
41. For general administration, including salaries, support,
5maintenance, employment of an education director to administer
6a centralized education program for the correctional system,
7and miscellaneous purposes:
.................................................. $85,153,905
9a. It is the intent of the general assembly that each
10lease negotiated by the department of corrections with a
11private corporation for the purpose of providing private
12industry employment of inmates in a correctional institution
13shall prohibit the private corporation from utilizing inmate
14labor for partisan political purposes for any person seeking
15election to public office in this state and that a violation
16of this requirement shall result in a termination of the lease
17agreement.
18b. It is the intent of the general assembly that as a
19condition of receiving the appropriation provided in this
20subsection the department of corrections shall not enter into
21a lease or contractual agreement pursuant to section 904.809
22with a private corporation for the use of building space for
23the purpose of providing inmate employment without providing
24that the terms of the lease or contract establish safeguards to
25restrict, to the greatest extent feasible, access by inmates
26working for the private corporation to personal identifying
27information of citizens.
282. For educational programs for inmates at state penal
29institutions:
.................................................. $302,608,109
31a. To maximize the funding for educational programs,
32the department shall establish guidelines and procedures to
33prioritize the availability of educational and vocational
34training for inmates based upon the goal of facilitating an
35inmate’s successful release from the correctional institution.
-6- 1b. The director of the department of corrections may
2transfer moneys from Iowa prison industries and the canteen
3operating funds established pursuant to section 904.310, for
4use in educational programs for inmates.
5c. Notwithstanding section 8.33, moneys appropriated in
6this subsection that remain unobligated or unexpended at the
7close of the fiscal year shall not revert but shall remain
8available to be used only for the purposes designated in this
9subsection until the close of the succeeding fiscal year.
103. For the development of the Iowa corrections offender
11network (ICON) data system:
.................................................. $122,000,000
134. For offender mental health and substance abuse
14treatment:
.................................................. $1528,065
165. For department-wide duties, including operations, costs,
17and miscellaneous purposes:
.................................................. $181,297,894
19 Sec. 6. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL
20SERVICES.
211. There is appropriated from the general fund of the state
22to the department of corrections for the fiscal year beginning
23July 1, 2017, and ending June 30, 2018, for salaries, support,
24maintenance, and miscellaneous purposes, the following amounts,
25or so much thereof as is necessary, to be used for the purposes
26designated:
27a. For the first judicial district department of
28correctional services:
.................................................. $2914,636,766
30It is the intent of the general assembly that the first
31judicial district department of correctional services maintain
32the drug courts operated by the district department.
33b. For the second judicial district department of
34correctional services:
.................................................. $3511,383,739
-7- 1It is the intent of the general assembly that the second
2judicial district department of correctional services establish
3and maintain two drug courts to be operated by the district
4department.
5c. For the third judicial district department of
6correctional services:
.................................................. $77,167,957
8d. For the fourth judicial district department of
9correctional services:
.................................................. $105,579,922
11e. For the fifth judicial district department of
12correctional services, including funding for electronic
13monitoring devices for use on a statewide basis:
.................................................. $1420,857,940
15It is the intent of the general assembly that the fifth
16judicial district department of correctional services maintain
17the drug court operated by the district department.
18f. For the sixth judicial district department of
19correctional services:
.................................................. $2014,713,165
21It is the intent of the general assembly that the sixth
22judicial district department of correctional services maintain
23the drug court operated by the district department.
24g. For the seventh judicial district department of
25correctional services:
.................................................. $267,777,341
27It is the intent of the general assembly that the seventh
28judicial district department of correctional services maintain
29the drug court operated by the district department.
30h. For the eighth judicial district department of
31correctional services:
.................................................. $328,084,521
332. Each judicial district department of correctional
34services, within the funding available, shall continue programs
35and plans established within that district to provide for
-8-1intensive supervision, sex offender treatment, diversion of
2low-risk offenders to the least restrictive sanction available,
3job development, and expanded use of intermediate criminal
4sanctions.
53. Each judicial district department of correctional
6services shall provide alternatives to prison consistent with
7chapter 901B. The alternatives to prison shall ensure public
8safety while providing maximum rehabilitation to the offender.
9A judicial district department of correctional services may
10also establish a day program.
114. The governor’s office of drug control policy shall
12consider federal grants made to the department of corrections
13for the benefit of each of the eight judicial district
14departments of correctional services as local government
15grants, as defined pursuant to federal regulations.
165. The department of corrections shall continue to contract
17with a judicial district department of correctional services to
18provide for the rental of electronic monitoring equipment which
19shall be available statewide.
20 Sec. 7. DEPARTMENT OF CORRECTIONS — REALLOCATION OF
21APPROPRIATIONS. Notwithstanding section 8.39, within the
22moneys appropriated in this division of this Act to the
23department of corrections, the department may reallocate the
24moneys appropriated and allocated as necessary to best fulfill
25the needs of the correctional institutions, administration
26of the department, and the judicial district departments of
27correctional services. However, in addition to complying with
28the requirements of sections 904.116 and 905.8 and providing
29notice to the legislative services agency, the department
30of corrections shall also provide notice to the department
31of management, prior to the effective date of the revision
32or reallocation of an appropriation made pursuant to this
33section. The department of corrections shall not reallocate an
34appropriation or allocation for the purpose of eliminating any
35program.
-9-1 Sec. 8. INTENT — REPORTS.
21. The department of corrections in cooperation with
3townships, the Iowa cemetery associations, and other nonprofit
4or governmental entities may use inmate labor during the
5fiscal year beginning July 1, 2017, to restore or preserve
6rural cemeteries and historical landmarks. The department in
7cooperation with the counties may also use inmate labor to
8clean up roads, major water sources, and other water sources
9around the state.
102. On a quarterly basis the department shall provide a
11status report regarding private-sector employment to the
12legislative services agency beginning on July 1, 2017. The
13report shall include the number of offenders employed in the
14private sector, the combined number of hours worked by the
15offenders, the total amount of allowances, and the distribution
16of allowances pursuant to section 904.702, including any moneys
17deposited in the general fund of the state.
18 Sec. 9. ELECTRONIC MONITORING REPORT. The department of
19corrections shall submit a report on electronic monitoring to
20the general assembly, to the co-chairpersons and the ranking
21members of the joint appropriations subcommittee on the justice
22system, and to the legislative services agency by January
2315, 2018. The report shall specifically address the number
24of persons being electronically monitored and break down the
25number of persons being electronically monitored by offense
26committed. The report shall also include a comparison of any
27data from the prior fiscal year with the current year.
28 Sec. 10. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES.
291. As used in this section, unless the context otherwise
30requires, “state agency” means the government of the state
31of Iowa, including but not limited to all executive branch
32departments, agencies, boards, bureaus, and commissions, the
33judicial branch, the general assembly and all legislative
34agencies, institutions within the purview of the state board of
35regents, and any corporation whose primary function is to act
-10-1as an instrumentality of the state.
22. State agencies are encouraged to purchase products from
3Iowa state industries, as defined in section 904.802, when
4purchases are required and the products are available from
5Iowa state industries. State agencies shall obtain bids from
6Iowa state industries for purchases of office furniture during
7the fiscal year beginning July 1, 2017, exceeding $5,000 or
8in accordance with applicable administrative rules related to
9purchases for the agency.
10 Sec. 11. IOWA LAW ENFORCEMENT ACADEMY.
111. There is appropriated from the general fund of the
12state to the Iowa law enforcement academy for the fiscal year
13beginning July 1, 2017, and ending June 30, 2018, the following
14amount, or so much thereof as is necessary, to be used for the
15purposes designated:
16For salaries, support, maintenance, and miscellaneous
17purposes, including jailer training and technical assistance,
18and for not more than the following full-time equivalent
19positions:
.................................................. $20954,756
............................................... FTEs2125.00
22The Iowa law enforcement academy may temporarily exceed and
23draw more than the amount appropriated in this subsection and
24incur a negative cash balance as long as there are receivables
25equal to or greater than the negative balance and the amount
26appropriated in this subsection is not exceeded at the close
27of the fiscal year.
282. The Iowa law enforcement academy may select at least
29five automobiles of the department of public safety, division
30of state patrol, prior to turning over the automobiles to
31the department of administrative services to be disposed
32of by public auction, and the Iowa law enforcement academy
33may exchange any automobile owned by the academy for each
34automobile selected if the selected automobile is used in
35training law enforcement officers at the academy. However, any
-11-1automobile exchanged by the academy shall be substituted for
2the selected vehicle of the department of public safety and
3sold by public auction with the receipts being deposited in the
4depreciation fund to the credit of the department of public
5safety, division of state patrol.
63. The Iowa law enforcement academy shall provide training
7for domestic abuse and human trafficking-related issues
8throughout the state. The training shall be offered at no
9cost to the attendees and the training shall not replace any
10existing domestic abuse or human trafficking training offered
11by the academy.
12 Sec. 12. STATE PUBLIC DEFENDER. There is appropriated from
13the general fund of the state to the office of the state public
14defender of the department of inspections and appeals for the
15fiscal year beginning July 1, 2017, and ending June 30, 2018,
16the following amounts, or so much thereof as is necessary, to
17be used for the purposes designated:
181. For salaries, support, maintenance, and miscellaneous
19purposes, and for not more than the following full-time
20equivalent positions:
.................................................. $2126,182,243
............................................... FTEs22223.00
232. For payments on behalf of eligible adults and juveniles
24from the indigent defense fund, in accordance with section
25815.11:
.................................................. $2633,444,448
27 Sec. 13. BOARD OF PAROLE. There is appropriated from the
28general fund of the state to the board of parole for the fiscal
29year beginning July 1, 2017, and ending June 30, 2018, the
30following amount, or so much thereof as is necessary, to be
31used for the purposes designated:
32For salaries, support, maintenance, and miscellaneous
33purposes, and for not more than the following full-time
34equivalent positions:
.................................................. $351,191,731
-12-............................................... FTEs110.75
2 Sec. 14. DEPARTMENT OF PUBLIC DEFENSE.
31. There is appropriated from the general fund of the
4state to the department of public defense, for the fiscal year
5beginning July 1, 2017, and ending June 30, 2018, the following
6amounts, or so much thereof as is necessary, to be used for the
7purposes designated:
8For salaries, support, maintenance, and miscellaneous
9purposes, and for not more than the following full-time
10equivalent positions:
.................................................. $116,223,324
............................................... FTEs12248.00
132. The department of public defense may temporarily exceed
14and draw more than the amount appropriated in this section and
15incur a negative cash balance as long as there are receivables
16of federal funds equal to or greater than the negative balance
17and the amount appropriated in this section is not exceeded at
18the close of the fiscal year.
19 Sec. 15. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
20MANAGEMENT.
211. There is appropriated from the general fund of the state
22to the department of homeland security and emergency management
23for the fiscal year beginning July 1, 2017, and ending June
2430, 2018, the following amounts, or so much thereof as is
25necessary, to be used for the purposes designated:
26For salaries, support, maintenance, and miscellaneous
27purposes, and for not more than the following full-time
28equivalent positions:
.................................................. $292,121,927
............................................... FTEs3033.87
312. The department of homeland security and emergency
32management may temporarily exceed and draw more than the amount
33appropriated in this section and incur a negative cash balance
34as long as there are receivables of federal funds equal to or
35greater than the negative balance and the amount appropriated
-13-1in this section is not exceeded at the close of the fiscal
2year.
3 Sec. 16. DEPARTMENT OF PUBLIC SAFETY. There is appropriated
4from the general fund of the state to the department of public
5safety for the fiscal year beginning July 1, 2017, and ending
6June 30, 2018, the following amounts, or so much thereof as is
7necessary, to be used for the purposes designated:
81. For the department’s administrative functions, including
9the criminal justice information system, and for not more than
10the following full-time equivalent positions:
.................................................. $114,143,131
............................................... FTEs1237.00
132. For the division of criminal investigation, including
14the state’s contribution to the peace officers’ retirement,
15accident, and disability system provided in chapter 97A in the
16amount of the state’s normal contribution rate, as defined in
17section 97A.8, multiplied by the salaries for which the moneys
18are appropriated, to meet federal fund matching requirements,
19and for not more than the following full-time equivalent
20positions:
.................................................. $2113,590,544
............................................... FTEs22160.00
23The division of criminal investigation may employ two of
24the three additional full-time equivalent positions authorized
25pursuant to this subsection that are in excess of the number
26of full-time equivalent positions authorized for the previous
27fiscal year only if the division of criminal investigation
28receives sufficient federal moneys to maintain employment for
29the additional 2.00 full-time equivalent positions during the
30current fiscal year. The division of criminal investigation
31shall only employ the additional 2.00 full-time equivalent
32positions in succeeding fiscal years if sufficient federal
33moneys are received during each of those succeeding fiscal
34years.
353. For the criminalistics laboratory fund created in
-14-1section 691.9:
.................................................. $2302,345
34. a. For the division of narcotics enforcement, including
4the state’s contribution to the peace officers’ retirement,
5accident, and disability system provided in chapter 97A in the
6amount of the state’s normal contribution rate, as defined in
7section 97A.8, multiplied by the salaries for which the moneys
8are appropriated, to meet federal fund matching requirements,
9and for not more than the following full-time equivalent
10positions:
.................................................. $117,453,300
............................................... FTEs1266.50
13The division of narcotics enforcement may employ an
14additional 1.00 full-time equivalent position authorized
15pursuant to this lettered paragraph that is in excess of
16the number of full-time equivalent positions authorized for
17the previous fiscal year only if the division of narcotics
18enforcement receives sufficient federal moneys to maintain
19employment for the additional full-time equivalent position
20during the current fiscal year. The division of narcotics
21enforcement shall only employ the additional full-time
22equivalent position in succeeding fiscal years if sufficient
23federal moneys are received during each of those succeeding
24fiscal years.
25b. For the division of narcotics enforcement for undercover
26purchases:
.................................................. $27109,042
285. For the division of state fire marshal, for fire
29protection services as provided through the state fire service
30and emergency response council as created in the department,
31and for the state’s contribution to the peace officers’
32retirement, accident, and disability system provided in chapter
3397A in the amount of the state’s normal contribution rate,
34as defined in section 97A.8, multiplied by the salaries for
35which the moneys are appropriated, and for not more than the
-15-1following full-time equivalent positions:
.................................................. $24,686,714
............................................... FTEs353.00
46. For the division of state patrol, for salaries, support,
5maintenance, workers’ compensation costs, and miscellaneous
6purposes, including the state’s contribution to the peace
7officers’ retirement, accident, and disability system provided
8in chapter 97A in the amount of the state’s normal contribution
9rate, as defined in section 97A.8, multiplied by the salaries
10for which the moneys are appropriated, and for not more than
11the following full-time equivalent positions:
.................................................. $1261,366,340
............................................... FTEs13511.40
14It is the intent of the general assembly that members of the
15state patrol be assigned to patrol the highways and roads in
16lieu of assignments for inspecting school buses for the school
17districts.
187. For deposit in the sick leave benefits fund established
19under section 80.42 for all departmental employees eligible to
20receive benefits for accrued sick leave under the collective
21bargaining agreement:
.................................................. $22279,517
238. For costs associated with the training and equipment
24needs of volunteer fire fighters:
.................................................. $25825,520
26a. Notwithstanding section 8.33, moneys appropriated in
27this subsection that remain unencumbered or unobligated at the
28close of the fiscal year shall not revert but shall remain
29available for expenditure only for the purpose designated in
30this subsection until the close of the succeeding fiscal year.
31b. Notwithstanding section 8.39, the department of public
32safety may reallocate moneys appropriated in this section
33as necessary to best fulfill the needs provided for in the
34appropriation. However, the department shall not reallocate
35moneys appropriated to the department in this section unless
-16-1notice of the reallocation is given to the legislative services
2agency and the department of management prior to the effective
3date of the reallocation. The notice shall include information
4regarding the rationale for reallocating the moneys. The
5department shall not reallocate moneys appropriated in this
6section for the purpose of eliminating any program.
79. For the public safety interoperable and broadband
8communications fund established in section 80.44:
.................................................. $9115,661
1010. For the office to combat human trafficking established
11pursuant to section 80.45, as enacted by 2016 Iowa Acts,
12chapter 1077, section 1, including salaries, support,
13maintenance, miscellaneous purposes, and for not more than the
14following full-time equivalent positions:
.................................................. $15150,000
............................................... FTEs162.00
1711. For department-wide duties, including operations,
18costs, and miscellaneous purposes:
.................................................. $191,834,973
20 Sec. 17. GAMING ENFORCEMENT.
211. There is appropriated from the gaming enforcement
22revolving fund created in section 80.43 to the department of
23public safety for the fiscal year beginning July 1, 2017, and
24ending June 30, 2018, the following amount, or so much thereof
25as is necessary, to be used for the purposes designated:
26For any direct support costs for agents and officers of
27the division of criminal investigation’s excursion gambling
28boat, gambling structure, and racetrack enclosure enforcement
29activities, including salaries, support, maintenance, and
30miscellaneous purposes, and for not more than the following
31full-time equivalent positions:
.................................................. $3210,841,272
............................................... FTEs3373.00
342. For each additional license to conduct gambling games on
35an excursion gambling boat, gambling structure, or racetrack
-17-1enclosure issued during the fiscal year beginning July 1, 2017,
2there is appropriated from the gaming enforcement fund to the
3department of public safety for the fiscal year beginning July
41, 2017, and ending June 30, 2018, an additional amount of not
5more than $300,000 to be used for not more than 3.00 additional
6full-time equivalent positions.
73. The department of public safety, with the approval of the
8department of management, may employ no more than three special
9agents for each additional riverboat or gambling structure
10regulated after July 1, 2017, and three special agents for
11each racing facility which becomes operational during the
12fiscal year which begins July 1, 2017. Positions authorized
13in this subsection are in addition to the full-time equivalent
14positions otherwise authorized in this section.
15 Sec. 18. CIVIL RIGHTS COMMISSION.
161. There is appropriated from the general fund of the state
17to the Iowa state civil rights commission for the fiscal year
18beginning July 1, 2017, and ending June 30, 2018, the following
19amount, or so much thereof as is necessary, to be used for the
20purposes designated:
21For salaries, support, maintenance, and miscellaneous
22purposes, and for not more than the following full-time
23equivalent positions:
.................................................. $241,157,062
............................................... FTEs2530.00
262. The Iowa state civil rights commission may enter into
27a contract with a nonprofit organization to provide legal
28assistance to resolve civil rights complaints.
29 Sec. 19. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION.
301. There is appropriated from the general fund of the state
31to the criminal and juvenile justice planning division of the
32department of human rights for the fiscal year beginning July
331, 2017, and ending June 30, 2018, the following amount, or
34so much thereof as is necessary, to be used for the purposes
35designated:
-18- 1For salaries, support, maintenance, and miscellaneous
2purposes, and for not more than the following full-time
3equivalent positions:
.................................................. $41,187,833
............................................... FTEs59.56
62. The criminal and juvenile justice planning advisory
7council and the juvenile justice advisory council shall
8coordinate their efforts in carrying out their respective
9duties relative to juvenile justice.
10 Sec. 20. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
11MANAGEMENT. There is appropriated from the E911 emergency
12communications fund created in section 34A.7A to the department
13of homeland security and emergency management for the fiscal
14year beginning July 1, 2017, and ending June 30, 2018, the
15following amount, or so much thereof as is necessary, to be
16used for the purposes designated:
17For implementation, support, and maintenance of the
18functions of the administrator and program manager under
19chapter 34A and to employ the auditor of the state to perform
20an annual audit of the E911 emergency communications fund:
.................................................. $21250,000
22DIVISION II
23MISCELLANEOUS CHANGES
24 Sec. 21. Section 35A.13, subsection 6, Code 2017, is amended
25by adding the following new paragraph:
26 NEW PARAGRAPH. n. Expenses related to survivor outreach
27activities supported by the department of public defense
28established in section 29.1.
29 Sec. 22. NEW SECTION. 80B.19 Academy internal training fund
30clearing account.
311. Activities of the academy shall be accounted for within
32the general fund of the state, except the academy may establish
33and maintain an internal training clearing fund in accordance
34with generally accepted accounting principles, as defined in
35section 8.57, subsection 4, for activities of the academy
-19-1which are primarily from billings to governmental entities for
2services rendered by the academy.
32. Internal training funds in the internal training
4clearing fund shall be administered by the academy and shall
5consist of moneys collected by the academy from billings issued
6in accordance with chapter 80B, and any other moneys obtained
7or accepted by the academy, including but not limited to gifts,
8loans, donations, grants, and contributions, which are obtained
9or designated to support the activities of the academy.
103. The proceeds of an internal training clearing fund
11established pursuant to this section shall be used by the
12academy and expended through the appropriated account of the
13academy for the operations of the academy consistent with this
14chapter. However, this usage requirement shall not limit or
15restrict the academy from using proceeds from gifts, loans,
16donations, grants, and contributions in conformance with any
17conditions, directions, limitations, or instructions attached
18or related thereto.
194. Section 8.33 does not apply to any moneys in the internal
20training clearing fund established pursuant to this section.
21Notwithstanding section 12C.7, subsection 2, interest or
22earnings on moneys deposited in the fund shall be credited to
23the fund.
24 Sec. 23. Section 805.6, subsection 4, paragraphs a, b, and
25c, Code 2017, are amended to read as follows:
26a. If the offense is one to which an assessment of a minimum
27fine is applicable and the entry is otherwise not prohibited
28by this section, an amount equal to one and one-half times the
29minimum fine and applicable surcharge assessed pursuant to
30chapter 911, plus court costs.
31b. If the offense is one to which a scheduled fine is
32applicable, an amount equal to one and one-half times the
33scheduled fine and applicable surcharge assessed pursuant to
34chapter 911, plus court costs.
35c. If the violation is for any offense for which a court
-20-1appearance is mandatory, and an assessment of a minimum fine
2is not applicable, the amount of one hundred dollars and
3applicable surcharge assessed pursuant to chapter 911, plus
4court costs.
5 Sec. 24. 2014 Iowa Acts, chapter 1138, section 21, as
6amended by 2016 Iowa Acts, chapter 1137, section 18, is amended
7to read as follows:
8SEC. 21. CONSUMER EDUCATION AND LITIGATION FUND.
9Notwithstanding section 714.16C, for each fiscal year of the
10period beginning July 1, 2014, and ending June 30, 2018 2019,
11the annual appropriations in section 714.16C, are increased
12from $1,125,000 to $1,875,000, and $75,000 to $125,000
13respectively.
14 Sec. 25. REPEAL. Sections 904.203, 904.204, 904.205, and
15904.206, Code 2017, are repealed.
16DIVISION III
17FY 2018-2019
18APPROPRIATIONS
19 Sec. 26. DEPARTMENT OF JUSTICE.
201. There is appropriated from the general fund of the state
21to the department of justice for the fiscal year beginning July
221, 2018, and ending June 30, 2019, the following amounts, or
23so much thereof as is necessary, to be used for the purposes
24designated:
25a. For the general office of attorney general for salaries,
26support, maintenance, and miscellaneous purposes, including
27the prosecuting attorneys training program, matching funds
28for federal violence against women grant programs, victim
29assistance grants, office of drug control policy prosecuting
30attorney program, and odometer fraud enforcement, and for not
31more than the following full-time equivalent positions:
.................................................. $323,336,154
............................................... FTEs33215.00
34As a condition of receiving the appropriation provided
35in this lettered paragraph, the department of justice shall
-21-1maintain a record of the estimated time incurred representing
2each agency or department.
3b. For victim assistance grants:
.................................................. $42,508,354
5The moneys appropriated in this lettered paragraph shall be
6used to provide grants to care providers providing services to
7crime victims of domestic abuse or to crime victims of rape and
8sexual assault.
9The balance of the victim compensation fund established in
10section 915.94 may be used to provide salary and support of not
11more than 19.00 full-time equivalent positions and to provide
12maintenance for the victim compensation functions of the
13department of justice. In addition to the full-time equivalent
14positions authorized pursuant to this lettered paragraph, the
15department of justice is authorized 5.00 full-time equivalent
16positions to provide maintenance for victim compensation
17functions and such additional full-time equivalent positions
18shall be used by the department of justice to employ one
19accountant and four program planners. The department of
20justice may employ the additional 5.00 full-time equivalent
21positions authorized pursuant to this lettered paragraph only
22if the department of justice receives sufficient federal moneys
23to maintain employment for the additional full-time equivalent
24positions during the current fiscal year. The department
25of justice shall only employ the additional 5.00 full-time
26equivalent positions in succeeding fiscal years if sufficient
27federal moneys are received during each of those succeeding
28fiscal years.
29The department of justice shall transfer at least $150,000
30from the victim compensation fund established in section 915.94
31to the victim assistance grant program.
32Notwithstanding section 8.33, moneys appropriated in this
33paragraph “b” that remain unencumbered or unobligated at the
34close of the fiscal year shall not revert but shall remain
35available for expenditure for the purposes designated until the
-22-1close of the succeeding fiscal year.
2c. For legal services for persons in poverty grants as
3provided in section 13.34:
.................................................. $41,152,301
52. a. The department of justice, in submitting budget
6estimates for the fiscal year commencing July 1, 2019, pursuant
7to section 8.23, shall include a report of funding from sources
8other than amounts appropriated directly from the general fund
9of the state to the department of justice or to the office of
10consumer advocate. These funding sources shall include but
11are not limited to reimbursements from other state agencies,
12commissions, boards, or similar entities, and reimbursements
13from special funds or internal accounts within the department
14of justice. The department of justice shall also report actual
15reimbursements for the fiscal year commencing July 1, 2017,
16and actual and expected reimbursements for the fiscal year
17commencing July 1, 2018.
18b. The department of justice shall include the report
19required under paragraph “a”, as well as information regarding
20any revisions occurring as a result of reimbursements actually
21received or expected at a later date, in a report to the
22co-chairpersons and ranking members of the joint appropriations
23subcommittee on the justice system and the legislative services
24agency. The department of justice shall submit the report on
25or before January 15, 2019.
263. a. The department of justice shall reimburse the
27costs and necessary related expenses incurred by the Iowa
28law enforcement academy to employ one additional instructor
29position who shall provide training for domestic abuse and
30human trafficking-related issues throughout the state.
31b. The department of justice shall obtain the moneys
32necessary to reimburse the Iowa law enforcement academy to
33employ such an instructor from unrestricted moneys from either
34the victim compensation fund established in section 915.94, the
35human trafficking victim fund established in section 915.95, or
-23-1the human trafficking enforcement fund established in 2015 Iowa
2Acts, chapter 138, section 141.
3 Sec. 27. OFFICE OF CONSUMER ADVOCATE. There is appropriated
4from the department of commerce revolving fund created in
5section 546.12 to the office of consumer advocate of the
6department of justice for the fiscal year beginning July 1,
72018, and ending June 30, 2019, the following amount, or so
8much thereof as is necessary, to be used for the purposes
9designated:
10For salaries, support, maintenance, and miscellaneous
11purposes, and for not more than the following full-time
12equivalent positions:
.................................................. $131,568,794
............................................... FTEs1422.00
15 Sec. 28. DEPARTMENT OF CORRECTIONS — FACILITIES.
161. There is appropriated from the general fund of the state
17to the department of corrections for the fiscal year beginning
18July 1, 2018, and ending June 30, 2019, the following amounts,
19or so much thereof as is necessary, to be used for the purposes
20designated:
21a. For the operation of the Fort Madison correctional
22facility, including salaries, support, maintenance, and
23miscellaneous purposes:
.................................................. $2421,359,525
25b. For the operation of the Anamosa correctional facility,
26including salaries, support, maintenance, and miscellaneous
27purposes:
.................................................. $2816,413,582
29c. For the operation of the Oakdale correctional facility,
30including salaries, support, maintenance, and miscellaneous
31purposes:
.................................................. $3229,745,767
33d. For the operation of the Newton correctional facility,
34including salaries, support, maintenance, and miscellaneous
35purposes:
-24-.................................................. $113,830,610
2e. For the operation of the Mount Pleasant correctional
3facility, including salaries, support, maintenance, and
4miscellaneous purposes:
.................................................. $512,338,207
6f. For the operation of the Rockwell City correctional
7facility, including salaries, support, maintenance, and
8miscellaneous purposes:
.................................................. $94,860,229
10g. For the operation of the Clarinda correctional facility,
11including salaries, support, maintenance, and miscellaneous
12purposes:
.................................................. $1312,542,703
14Moneys received by the department of corrections as
15reimbursement for services provided to the Clarinda youth
16corporation are appropriated to the department and shall be
17used for the purpose of operating the Clarinda correctional
18facility.
19h. For the operation of the Mitchellville correctional
20facility, including salaries, support, maintenance, and
21miscellaneous purposes:
.................................................. $2211,197,045
23i. For the operation of the Fort Dodge correctional
24facility, including salaries, support, maintenance, and
25miscellaneous purposes:
.................................................. $2614,883,498
27j. For reimbursement of counties for temporary confinement
28of prisoners, as provided in sections 901.7, 904.908, and
29906.17, and for offenders confined pursuant to section 904.513:
.................................................. $30787,546
31k. For federal prison reimbursement, reimbursements for
32out-of-state placements, and miscellaneous contracts:
.................................................. $33242,206
342. The department of corrections shall use moneys
35appropriated in subsection 1 to continue to contract for the
-25-1services of a Muslim imam and a Native American spiritual
2leader.
3 Sec. 29. DEPARTMENT OF CORRECTIONS — ADMINISTRATION.
4There is appropriated from the general fund of the state to the
5department of corrections for the fiscal year beginning July
61, 2018, and ending June 30, 2019, the following amounts, or
7so much thereof as is necessary, to be used for the purposes
8designated:
91. For general administration, including salaries, support,
10maintenance, employment of an education director to administer
11a centralized education program for the correctional system,
12and miscellaneous purposes:
.................................................. $132,576,953
14a. It is the intent of the general assembly that each
15lease negotiated by the department of corrections with a
16private corporation for the purpose of providing private
17industry employment of inmates in a correctional institution
18shall prohibit the private corporation from utilizing inmate
19labor for partisan political purposes for any person seeking
20election to public office in this state and that a violation
21of this requirement shall result in a termination of the lease
22agreement.
23b. It is the intent of the general assembly that as a
24condition of receiving the appropriation provided in this
25subsection the department of corrections shall not enter into
26a lease or contractual agreement pursuant to section 904.809
27with a private corporation for the use of building space for
28the purpose of providing inmate employment without providing
29that the terms of the lease or contract establish safeguards to
30restrict, to the greatest extent feasible, access by inmates
31working for the private corporation to personal identifying
32information of citizens.
332. For educational programs for inmates at state penal
34institutions:
.................................................. $351,304,055
-26- 1a. To maximize the funding for educational programs,
2the department shall establish guidelines and procedures to
3prioritize the availability of educational and vocational
4training for inmates based upon the goal of facilitating an
5inmate’s successful release from the correctional institution.
6b. The director of the department of corrections may
7transfer moneys from Iowa prison industries and the canteen
8operating funds established pursuant to section 904.310, for
9use in educational programs for inmates.
10c. Notwithstanding section 8.33, moneys appropriated in
11this subsection that remain unobligated or unexpended at the
12close of the fiscal year shall not revert but shall remain
13available to be used only for the purposes designated in this
14subsection until the close of the succeeding fiscal year.
153. For the development of the Iowa corrections offender
16network (ICON) data system:
.................................................. $171,000,000
184. For offender mental health and substance abuse
19treatment:
.................................................. $2014,033
215. For department-wide duties, including operations, costs,
22and miscellaneous purposes:
.................................................. $23648,947
24 Sec. 30. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL
25SERVICES.
261. There is appropriated from the general fund of the state
27to the department of corrections for the fiscal year beginning
28July 1, 2018, and ending June 30, 2019, for salaries, support,
29maintenance, and miscellaneous purposes, the following amounts,
30or so much thereof as is necessary, to be used for the purposes
31designated:
32a. For the first judicial district department of
33correctional services:
.................................................. $347,318,383
35It is the intent of the general assembly that the first
-27-1judicial district department of correctional services maintain
2the drug courts operated by the district department.
3b. For the second judicial district department of
4correctional services:
.................................................. $55,691,870
6It is the intent of the general assembly that the second
7judicial district department of correctional services establish
8and maintain two drug courts to be operated by the district
9department.
10c. For the third judicial district department of
11correctional services:
.................................................. $123,583,979
13d. For the fourth judicial district department of
14correctional services:
.................................................. $152,789,961
16e. For the fifth judicial district department of
17correctional services, including funding for electronic
18monitoring devices for use on a statewide basis:
.................................................. $1910,428,970
20It is the intent of the general assembly that the fifth
21judicial district department of correctional services maintain
22the drug court operated by the district department.
23f. For the sixth judicial district department of
24correctional services:
.................................................. $257,356,583
26It is the intent of the general assembly that the sixth
27judicial district department of correctional services maintain
28the drug court operated by the district department.
29g. For the seventh judicial district department of
30correctional services:
.................................................. $313,888,671
32It is the intent of the general assembly that the seventh
33judicial district department of correctional services maintain
34the drug court operated by the district department.
35h. For the eighth judicial district department of
-28-1correctional services:
.................................................. $24,042,261
32. Each judicial district department of correctional
4services, within the funding available, shall continue programs
5and plans established within that district to provide for
6intensive supervision, sex offender treatment, diversion of
7low-risk offenders to the least restrictive sanction available,
8job development, and expanded use of intermediate criminal
9sanctions.
103. Each judicial district department of correctional
11services shall provide alternatives to prison consistent with
12chapter 901B. The alternatives to prison shall ensure public
13safety while providing maximum rehabilitation to the offender.
14A judicial district department of correctional services may
15also establish a day program.
164. The governor’s office of drug control policy shall
17consider federal grants made to the department of corrections
18for the benefit of each of the eight judicial district
19departments of correctional services as local government
20grants, as defined pursuant to federal regulations.
215. The department of corrections shall continue to contract
22with a judicial district department of correctional services to
23provide for the rental of electronic monitoring equipment which
24shall be available statewide.
25 Sec. 31. DEPARTMENT OF CORRECTIONS — REALLOCATION OF
26APPROPRIATIONS. Notwithstanding section 8.39, within the
27moneys appropriated in this division of this Act to the
28department of corrections, the department may reallocate the
29moneys appropriated and allocated as necessary to best fulfill
30the needs of the correctional institutions, administration
31of the department, and the judicial district departments of
32correctional services. However, in addition to complying with
33the requirements of sections 904.116 and 905.8 and providing
34notice to the legislative services agency, the department
35of corrections shall also provide notice to the department
-29-1of management, prior to the effective date of the revision
2or reallocation of an appropriation made pursuant to this
3section. The department of corrections shall not reallocate an
4appropriation or allocation for the purpose of eliminating any
5program.
6 Sec. 32. INTENT — REPORTS.
71. The department of corrections in cooperation with
8townships, the Iowa cemetery associations, and other nonprofit
9or governmental entities may use inmate labor during the
10fiscal year beginning July 1, 2018, to restore or preserve
11rural cemeteries and historical landmarks. The department in
12cooperation with the counties may also use inmate labor to
13clean up roads, major water sources, and other water sources
14around the state.
152. On a quarterly basis the department shall provide a
16status report regarding private-sector employment to the
17legislative services agency beginning on July 1, 2018. The
18report shall include the number of offenders employed in the
19private sector, the combined number of hours worked by the
20offenders, the total amount of allowances, and the distribution
21of allowances pursuant to section 904.702, including any moneys
22deposited in the general fund of the state.
23 Sec. 33. ELECTRONIC MONITORING REPORT. The department of
24corrections shall submit a report on electronic monitoring to
25the general assembly, to the co-chairpersons and the ranking
26members of the joint appropriations subcommittee on the justice
27system, and to the legislative services agency by January
2815, 2019. The report shall specifically address the number
29of persons being electronically monitored and break down the
30number of persons being electronically monitored by offense
31committed. The report shall also include a comparison of any
32data from the prior fiscal year with the current year.
33 Sec. 34. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES.
341. As used in this section, unless the context otherwise
35requires, “state agency” means the government of the state
-30-1of Iowa, including but not limited to all executive branch
2departments, agencies, boards, bureaus, and commissions, the
3judicial branch, the general assembly and all legislative
4agencies, institutions within the purview of the state board of
5regents, and any corporation whose primary function is to act
6as an instrumentality of the state.
72. State agencies are encouraged to purchase products from
8Iowa state industries, as defined in section 904.802, when
9purchases are required and the products are available from
10Iowa state industries. State agencies shall obtain bids from
11Iowa state industries for purchases of office furniture during
12the fiscal year beginning July 1, 2018, exceeding $5,000 or
13in accordance with applicable administrative rules related to
14purchases for the agency.
15 Sec. 35. IOWA LAW ENFORCEMENT ACADEMY.
161. There is appropriated from the general fund of the
17state to the Iowa law enforcement academy for the fiscal year
18beginning July 1, 2018, and ending June 30, 2019, the following
19amount, or so much thereof as is necessary, to be used for the
20purposes designated:
21For salaries, support, maintenance, and miscellaneous
22purposes, including jailer training and technical assistance,
23and for not more than the following full-time equivalent
24positions:
.................................................. $25477,378
............................................... FTEs2625.00
27The Iowa law enforcement academy may temporarily exceed and
28draw more than the amount appropriated in this subsection and
29incur a negative cash balance as long as there are receivables
30equal to or greater than the negative balance and the amount
31appropriated in this subsection is not exceeded at the close
32of the fiscal year.
332. The Iowa law enforcement academy may select at least
34five automobiles of the department of public safety, division
35of state patrol, prior to turning over the automobiles to
-31-1the department of administrative services to be disposed
2of by public auction, and the Iowa law enforcement academy
3may exchange any automobile owned by the academy for each
4automobile selected if the selected automobile is used in
5training law enforcement officers at the academy. However, any
6automobile exchanged by the academy shall be substituted for
7the selected vehicle of the department of public safety and
8sold by public auction with the receipts being deposited in the
9depreciation fund to the credit of the department of public
10safety, division of state patrol.
113. The Iowa law enforcement academy shall provide training
12for domestic abuse and human trafficking-related issues
13throughout the state. The training shall be offered at no
14cost to the attendees and the training shall not replace any
15existing domestic abuse or human trafficking training offered
16by the academy.
17 Sec. 36. STATE PUBLIC DEFENDER. There is appropriated from
18the general fund of the state to the office of the state public
19defender of the department of inspections and appeals for the
20fiscal year beginning July 1, 2018, and ending June 30, 2019,
21the following amounts, or so much thereof as is necessary, to
22be used for the purposes designated:
231. For salaries, support, maintenance, and miscellaneous
24purposes, and for not more than the following full-time
25equivalent positions:
.................................................. $2613,091,122
............................................... FTEs27223.00
282. For payments on behalf of eligible adults and juveniles
29from the indigent defense fund, in accordance with section
30815.11:
.................................................. $3116,722,224
32 Sec. 37. BOARD OF PAROLE. There is appropriated from the
33general fund of the state to the board of parole for the fiscal
34year beginning July 1, 2018, and ending June 30, 2019, the
35following amount, or so much thereof as is necessary, to be
-32-1used for the purposes designated:
2For salaries, support, maintenance, and miscellaneous
3purposes, and for not more than the following full-time
4equivalent positions:
.................................................. $5595,866
............................................... FTEs610.75
7 Sec. 38. DEPARTMENT OF PUBLIC DEFENSE.
81. There is appropriated from the general fund of the
9state to the department of public defense, for the fiscal year
10beginning July 1, 2018, and ending June 30, 2019, the following
11amounts, or so much thereof as is necessary, to be used for the
12purposes designated:
13For salaries, support, maintenance, and miscellaneous
14purposes, and for not more than the following full-time
15equivalent positions:
.................................................. $163,111,662
............................................... FTEs17248.00
182. The department of public defense may temporarily exceed
19and draw more than the amount appropriated in this section and
20incur a negative cash balance as long as there are receivables
21of federal funds equal to or greater than the negative balance
22and the amount appropriated in this section is not exceeded at
23the close of the fiscal year.
24 Sec. 39. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
25MANAGEMENT.
261. There is appropriated from the general fund of the state
27to the department of homeland security and emergency management
28for the fiscal year beginning July 1, 2018, and ending June
2930, 2019, the following amounts, or so much thereof as is
30necessary, to be used for the purposes designated:
31For salaries, support, maintenance, and miscellaneous
32purposes, and for not more than the following full-time
33equivalent positions:
.................................................. $341,060,964
............................................... FTEs3533.87
-33- 12. The department of homeland security and emergency
2management may temporarily exceed and draw more than the amount
3appropriated in this section and incur a negative cash balance
4as long as there are receivables of federal funds equal to or
5greater than the negative balance and the amount appropriated
6in this section is not exceeded at the close of the fiscal
7year.
8 Sec. 40. DEPARTMENT OF PUBLIC SAFETY. There is appropriated
9from the general fund of the state to the department of public
10safety for the fiscal year beginning July 1, 2018, and ending
11June 30, 2019, the following amounts, or so much thereof as is
12necessary, to be used for the purposes designated:
131. For the department’s administrative functions, including
14the criminal justice information system, and for not more than
15the following full-time equivalent positions:
.................................................. $162,071,566
............................................... FTEs1737.00
182. For the division of criminal investigation, including
19the state’s contribution to the peace officers’ retirement,
20accident, and disability system provided in chapter 97A in the
21amount of the state’s normal contribution rate, as defined in
22section 97A.8, multiplied by the salaries for which the moneys
23are appropriated, to meet federal fund matching requirements,
24and for not more than the following full-time equivalent
25positions:
.................................................. $266,795,272
............................................... FTEs27160.00
28The division of criminal investigation may employ two of
29the three additional full-time equivalent positions authorized
30pursuant to this subsection that are in excess of the number
31of full-time equivalent positions authorized for the previous
32fiscal year only if the division of criminal investigation
33receives sufficient federal moneys to maintain employment for
34the additional 2.00 full-time equivalent positions during the
35current fiscal year. The division of criminal investigation
-34-1shall only employ the additional 2.00 full-time equivalent
2positions in succeeding fiscal years if sufficient federal
3moneys are received during each of those succeeding fiscal
4years.
53. For the criminalistics laboratory fund created in
6section 691.9:
.................................................. $7151,173
84. a. For the division of narcotics enforcement, including
9the state’s contribution to the peace officers’ retirement,
10accident, and disability system provided in chapter 97A in the
11amount of the state’s normal contribution rate, as defined in
12section 97A.8, multiplied by the salaries for which the moneys
13are appropriated, to meet federal fund matching requirements,
14and for not more than the following full-time equivalent
15positions:
.................................................. $163,726,650
............................................... FTEs1766.50
18The division of narcotics enforcement may employ an
19additional 1.00 full-time equivalent position authorized
20pursuant to this lettered paragraph that is in excess of
21the number of full-time equivalent positions authorized for
22the previous fiscal year only if the division of narcotics
23enforcement receives sufficient federal moneys to maintain
24employment for the additional full-time equivalent position
25during the current fiscal year. The division of narcotics
26enforcement shall only employ the additional full-time
27equivalent position in succeeding fiscal years if sufficient
28federal moneys are received during each of those succeeding
29fiscal years.
30b. For the division of narcotics enforcement for undercover
31purchases:
.................................................. $3254,521
335. For the division of state fire marshal, for fire
34protection services as provided through the state fire service
35and emergency response council as created in the department,
-35-1and for the state’s contribution to the peace officers’
2retirement, accident, and disability system provided in chapter
397A in the amount of the state’s normal contribution rate,
4as defined in section 97A.8, multiplied by the salaries for
5which the moneys are appropriated, and for not more than the
6following full-time equivalent positions:
.................................................. $72,343,357
............................................... FTEs853.00
96. For the division of state patrol, for salaries, support,
10maintenance, workers’ compensation costs, and miscellaneous
11purposes, including the state’s contribution to the peace
12officers’ retirement, accident, and disability system provided
13in chapter 97A in the amount of the state’s normal contribution
14rate, as defined in section 97A.8, multiplied by the salaries
15for which the moneys are appropriated, and for not more than
16the following full-time equivalent positions:
.................................................. $1730,683,170
............................................... FTEs18511.40
19It is the intent of the general assembly that members of the
20state patrol be assigned to patrol the highways and roads in
21lieu of assignments for inspecting school buses for the school
22districts.
237. For deposit in the sick leave benefits fund established
24under section 80.42 for all departmental employees eligible to
25receive benefits for accrued sick leave under the collective
26bargaining agreement:
.................................................. $27139,759
288. For costs associated with the training and equipment
29needs of volunteer fire fighters:
.................................................. $30412,760
31a. Notwithstanding section 8.33, moneys appropriated in
32this subsection that remain unencumbered or unobligated at the
33close of the fiscal year shall not revert but shall remain
34available for expenditure only for the purpose designated in
35this subsection until the close of the succeeding fiscal year.
-36- 1b. Notwithstanding section 8.39, the department of public
2safety may reallocate moneys appropriated in this section
3as necessary to best fulfill the needs provided for in the
4appropriation. However, the department shall not reallocate
5moneys appropriated to the department in this section unless
6notice of the reallocation is given to the legislative services
7agency and the department of management prior to the effective
8date of the reallocation. The notice shall include information
9regarding the rationale for reallocating the moneys. The
10department shall not reallocate moneys appropriated in this
11section for the purpose of eliminating any program.
129. For the public safety interoperable and broadband
13communications fund established in section 80.44:
.................................................. $1457,831
1510. For the office to combat human trafficking established
16pursuant to section 80.45 as enacted by 2016 Iowa Acts, chapter
171077, section 1, including salaries, support, maintenance,
18miscellaneous purposes, and for not more than the following
19full-time equivalent positions:
.................................................. $2075,000
............................................... FTEs212.00
2211. For department-wide duties, including operations,
23costs, and miscellaneous purposes:
.................................................. $24917,487
25 Sec. 41. GAMING ENFORCEMENT.
261. There is appropriated from the gaming enforcement
27revolving fund created in section 80.43 to the department of
28public safety for the fiscal year beginning July 1, 2018, and
29ending June 30, 2019, the following amount, or so much thereof
30as is necessary, to be used for the purposes designated:
31For any direct support costs for agents and officers of
32the division of criminal investigation’s excursion gambling
33boat, gambling structure, and racetrack enclosure enforcement
34activities, including salaries, support, maintenance, and
35miscellaneous purposes, and for not more than the following
-37-1full-time equivalent positions:
.................................................. $24,872,636
............................................... FTEs373.00
42. For each additional license to conduct gambling games on
5an excursion gambling boat, gambling structure, or racetrack
6enclosure issued during the fiscal year beginning July 1, 2018,
7there is appropriated from the gaming enforcement fund to the
8department of public safety for the fiscal year beginning July
91, 2018, and ending June 30, 2019, an additional amount of not
10more than $300,000 to be used for not more than 3.00 additional
11full-time equivalent positions.
123. The department of public safety, with the approval of the
13department of management, may employ no more than three special
14agents for each additional riverboat or gambling structure
15regulated after July 1, 2018, and three special agents for
16each racing facility which becomes operational during the
17fiscal year which begins July 1, 2018. Positions authorized
18in this subsection are in addition to the full-time equivalent
19positions otherwise authorized in this section.
20 Sec. 42. CIVIL RIGHTS COMMISSION.
211. There is appropriated from the general fund of the state
22to the Iowa state civil rights commission for the fiscal year
23beginning July 1, 2018, and ending June 30, 2019, the following
24amount, or so much thereof as is necessary, to be used for the
25purposes designated:
26For salaries, support, maintenance, and miscellaneous
27purposes, and for not more than the following full-time
28equivalent positions:
.................................................. $29578,531
............................................... FTEs3030.00
312. The Iowa state civil rights commission may enter into
32a contract with a nonprofit organization to provide legal
33assistance to resolve civil rights complaints.
34 Sec. 43. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION.
351. There is appropriated from the general fund of the state
-38-1to the criminal and juvenile justice planning division of the
2department of human rights for the fiscal year beginning July
31, 2018, and ending June 30, 2019, the following amount or
4so much thereof as is necessary, to be used for the purposes
5designated:
6For salaries, support, maintenance, and miscellaneous
7purposes, and for not more than the following full-time
8equivalent positions:
.................................................. $9593,917
............................................... FTEs109.56
112. The criminal and juvenile justice planning advisory
12council and the juvenile justice advisory council shall
13coordinate their efforts in carrying out their respective
14duties relative to juvenile justice.
15 Sec. 44. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
16MANAGEMENT. There is appropriated from the E911 emergency
17communications fund created in section 34A.7A to the department
18of homeland security and emergency management for the fiscal
19year beginning July 1, 2018, and ending June 30, 2019, the
20following amount, or so much thereof as is necessary, to be
21used for the purposes designated:
22For implementation, support, and maintenance of the
23functions of the administrator and program manager under
24chapter 34A and to employ the auditor of the state to perform
25an annual audit of the E911 emergency communications fund:
.................................................. $26125,000
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
30This bill relates to and makes appropriations to the justice
31system. The bill is organized by divisions.
32FY 2017-2018 APPROPRIATIONS. The bill makes appropriations
33from the general fund of the state for fiscal year 2017-2018 to
34the departments of justice, corrections, public defense, public
35safety, and homeland security and emergency management, and
-39-1the Iowa law enforcement academy, office of the state public
2defender, board of parole, Iowa state civil rights commission,
3and the criminal and juvenile justice planning division of the
4department of human rights.
5The bill appropriates moneys from the consumer education and
6litigation fund to the department of justice for farm mediation
7services for fiscal year 2017-2018.
8The bill appropriates moneys from the department of commerce
9revolving fund to the office of consumer advocate of the
10department of justice for fiscal year 2017-2018.
11The bill also appropriates moneys from the gaming
12enforcement revolving fund to the department of public safety
13for fiscal year 2017-2018.
14The bill appropriates moneys from the wireless E911
15emergency communications fund to the department of homeland
16security and emergency management for fiscal year 2017-2018.
17The bill provides that moneys appropriated to the veterans
18trust fund established in Code section 35A.13 may be used, upon
19a majority vote of the commission of veterans affairs, for
20expenses related to survivor outreach supported by the Iowa
21department of public defense.
22The bill creates new Code section 80B.19 establishing the
23Iowa law enforcement academy internal training clearing fund.
24The bill provides that the activities of the academy shall be
25accounted for within the general fund of the state, except
26the academy may establish and maintain an internal training
27clearing fund in accordance with generally accepted accounting
28principles for activities of the academy which are primarily
29from billings to governmental entities for services rendered by
30the academy. The proceeds of the internal training clearing
31fund shall be used by the academy and expended through the
32appropriated account of the academy for the operations of the
33academy.
34The bill makes additional appropriations to the department
35of public safety and the department of corrections for
-40-1department-wide duties.
2The bill provides that an unsecured appearance bond for
3state or local traffic violations, and for scheduled violations
4under Code sections 805.8A, 805.8B, and 805.8C shall equal one
5and one-half times the minimum fine and applicable surcharge,
6plus court costs. Current law provides that the unsecured
7appearance bond shall equal one and one-half times the minimum
8fine plus court costs. An unsecured appearance bond is an
9agreement by the defendant that if the defendant fails to
10appear in person or by counsel to defend against the charge,
11the court is authorized to enter a conviction and render
12judgment against the defendant for the amount of the appearance
13bond in satisfaction of the penalty plus court costs.
14The bill extends the fiscal period for increasing the
15appropriations from the consumer education and litigation fund
16in Code section 714.16C to June 30, 2019. Under current law,
17the increased appropriations from the consumer education and
18litigation fund expire on June 30, 2018.
19The bill repeals a provision requiring that the Rockwell
20City correctional institution be utilized as a medium security
21correctional facility for men.
22The bill repeals a provision requiring that the Mount
23Pleasant correctional facility be utilized as a medium security
24facility for men primarily for treatment of inmates who exhibit
25treatable personality disorders, with or without accompanying
26history of drug or alcohol abuse.
27The bill repeals a provision requiring that the Clarinda
28correctional facility be utilized as a secure men’s
29correctional facility primarily for offenders with chemical
30dependence, an intellectual disability, or mental illness.
31The bill repeals a provision specifying that the Newton
32correctional facility may include a minimum security facility
33and a violator facility.
34FY 2018-2019 APPROPRIATIONS. The bill makes appropriations
35from the general fund of the state for fiscal year 2018-2019 to
-41-1the departments of justice, corrections, public defense, public
2safety, and homeland security and emergency management, and
3the Iowa law enforcement academy, office of the state public
4defender, board of parole, Iowa state civil rights commission,
5and the criminal and juvenile justice planning division of the
6department of human rights.
7The bill appropriates moneys from the department of commerce
8revolving fund to the office of consumer advocate of the
9department of justice for fiscal year 2018-2019.
10The bill also appropriates moneys from the gaming
11enforcement revolving fund to the department of public safety
12for fiscal year 2018-2019.
13The bill appropriates moneys from the wireless E911
14emergency communications fund to the department of homeland
15security and emergency management for fiscal year 2018-2019.
16The bill repeals a provision specifying that the Newton
17correctional facility may include a minimum security facility
18and a violator facility.
19The bill makes additional appropriations to the department
20of public safety and the department of corrections for
21department-wide duties.
-42-jm/rn
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2FY 2017-2018
3APPROPRIATIONS
4 Section 1. DEPARTMENT OF JUSTICE.
51. There is appropriated from the general fund of the state
6to the department of justice for the fiscal year beginning July
71, 2017, and ending June 30, 2018, the following amounts, or
8so much thereof as is necessary, to be used for the purposes
9designated:
10a. For the general office of attorney general for salaries,
11support, maintenance, and miscellaneous purposes, including
12the prosecuting attorneys training program, matching funds
13for federal violence against women grant programs, victim
14assistance grants, office of drug control policy prosecuting
15attorney program, and odometer fraud enforcement, and for not
16more than the following full-time equivalent positions:
.................................................. $176,672,307
............................................... FTEs18215.00
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.
23b. For victim assistance grants:
.................................................. $245,016,708
25The moneys appropriated in this lettered paragraph shall be
26used to provide grants to care providers providing services to
27crime victims of domestic abuse or to crime victims of rape and
28sexual assault.
29The balance of the victim compensation fund established in
30section 915.94 may be used to provide salary and support of not
31more than 19.00 full-time equivalent positions and to provide
32maintenance for the victim compensation functions of the
33department of justice. In addition to the full-time equivalent
34positions authorized pursuant to this lettered paragraph, the
35department of justice is authorized 5.00 full-time equivalent
-1-1positions to provide maintenance for victim compensation
2functions and such additional full-time equivalent positions
3shall be used by the department of justice to employ one
4accountant and four program planners. The department of
5justice may employ the additional 5.00 full-time equivalent
6positions authorized pursuant to this lettered paragraph only
7if the department of justice receives sufficient federal moneys
8to maintain employment for the additional full-time equivalent
9positions during the current fiscal year. The department
10of justice shall only employ the additional 5.00 full-time
11equivalent positions in succeeding fiscal years if sufficient
12federal moneys are received during each of those succeeding
13fiscal years.
14The department of justice shall transfer at least $150,000
15from the victim compensation fund established in section 915.94
16to the victim assistance grant program.
17Notwithstanding section 8.33, moneys appropriated in this
18paragraph “b” that remain unencumbered or unobligated at the
19close of the fiscal year shall not revert but shall remain
20available for expenditure for the purposes designated until the
21close of the succeeding fiscal year.
22c. For legal services for persons in poverty grants as
23provided in section 13.34:
.................................................. $242,304,601
252. a. The department of justice, in submitting budget
26estimates for the fiscal year commencing July 1, 2018, pursuant
27to section 8.23, shall include a report of funding from sources
28other than amounts appropriated directly from the general fund
29of the state to the department of justice or to the office of
30consumer advocate. These funding sources shall include but
31are not limited to reimbursements from other state agencies,
32commissions, boards, or similar entities, and reimbursements
33from special funds or internal accounts within the department
34of justice. The department of justice shall also report actual
35reimbursements for the fiscal year commencing July 1, 2017,
-2-1and actual and expected reimbursements for the fiscal year
2commencing July 1, 2018.
3b. The department of justice shall include the report
4required under paragraph “a”, as well as information regarding
5any revisions occurring as a result of reimbursements actually
6received or expected at a later date, in a report to the
7co-chairpersons and ranking members of the joint appropriations
8subcommittee on the justice system and the legislative services
9agency. The department of justice shall submit the report on
10or before January 15, 2018.
113. a. The department of justice shall reimburse the
12costs and necessary related expenses incurred by the Iowa
13law enforcement academy to employ one additional instructor
14position who shall provide training for domestic abuse and
15human trafficking-related issues throughout the state.
16b. The department of justice shall obtain the moneys
17necessary to reimburse the Iowa law enforcement academy to
18employ such an instructor from unrestricted moneys from either
19the victim compensation fund established in section 915.94, the
20human trafficking victim fund established in section 915.95, or
21the human trafficking enforcement fund established in 2015 Iowa
22Acts, chapter 138, section 141.
23 Sec. 2. CONSUMER EDUCATION AND LITIGATION — FARM
24MEDIATION. Notwithstanding section 714.16C, there is
25appropriated from the consumer education and litigation fund to
26the department of justice for the fiscal year beginning July
271, 2017, and ending June 30, 2018, the following amount, or
28so much thereof as is necessary, to be used for the purposes
29designated:
30For farm mediation services as specified in section 13.13,
31subsection 2:
.................................................. $32300,000
33 Sec. 3. OFFICE OF CONSUMER ADVOCATE. There is appropriated
34from the department of commerce revolving fund created in
35section 546.12 to the office of consumer advocate of the
-3-1department of justice for the fiscal year beginning July 1,
22017, and ending June 30, 2018, the following amount, or so
3much thereof as is necessary, to be used for the purposes
4designated:
5For salaries, support, maintenance, and miscellaneous
6purposes, and for not more than the following full-time
7equivalent positions:
.................................................. $83,137,588
............................................... FTEs922.00
10 Sec. 4. DEPARTMENT OF CORRECTIONS — FACILITIES.
111. There is appropriated from the general fund of the state
12to the department of corrections for the fiscal year beginning
13July 1, 2017, and ending June 30, 2018, the following amounts,
14or so much thereof as is necessary, to be used for the purposes
15designated:
16a. For the operation of the Fort Madison correctional
17facility, including salaries, support, maintenance, and
18miscellaneous purposes:
.................................................. $1942,719,050
20b. For the operation of the Anamosa correctional facility,
21including salaries, support, maintenance, and miscellaneous
22purposes:
.................................................. $2332,827,163
24c. For the operation of the Oakdale correctional facility,
25including salaries, support, maintenance, and miscellaneous
26purposes:
.................................................. $2759,491,533
28d. For the operation of the Newton correctional facility,
29including salaries, support, maintenance, and miscellaneous
30purposes:
.................................................. $3127,661,220
32e. For the operation of the Mount Pleasant correctional
33facility, including salaries, support, maintenance, and
34miscellaneous purposes:
.................................................. $3524,676,413
-4- 1f. For the operation of the Rockwell City correctional
2facility, including salaries, support, maintenance, and
3miscellaneous purposes:
.................................................. $49,720,458
5g. For the operation of the Clarinda correctional facility,
6including salaries, support, maintenance, and miscellaneous
7purposes:
.................................................. $825,085,406
9Moneys received by the department of corrections as
10reimbursement for services provided to the Clarinda youth
11corporation are appropriated to the department and shall be
12used for the purpose of operating the Clarinda correctional
13facility.
14h. For the operation of the Mitchellville correctional
15facility, including salaries, support, maintenance, and
16miscellaneous purposes:
.................................................. $1722,394,090
18i. For the operation of the Fort Dodge correctional
19facility, including salaries, support, maintenance, and
20miscellaneous purposes:
.................................................. $2129,766,995
22j. For reimbursement of counties for temporary confinement
23of prisoners, as provided in sections 901.7, 904.908, and
24906.17, and for offenders confined pursuant to section 904.513:
.................................................. $251,575,092
26k. For federal prison reimbursement, reimbursements for
27out-of-state placements, and miscellaneous contracts:
.................................................. $28484,411
292. The department of corrections shall use moneys
30appropriated in subsection 1 to continue to contract for the
31services of a Muslim imam and a Native American spiritual
32leader.
33 Sec. 5. DEPARTMENT OF CORRECTIONS — ADMINISTRATION.
34There is appropriated from the general fund of the state to the
35department of corrections for the fiscal year beginning July
-5-11, 2017, and ending June 30, 2018, the following amounts, or
2so much thereof as is necessary, to be used for the purposes
3designated:
41. For general administration, including salaries, support,
5maintenance, employment of an education director to administer
6a centralized education program for the correctional system,
7and miscellaneous purposes:
.................................................. $85,153,905
9a. It is the intent of the general assembly that each
10lease negotiated by the department of corrections with a
11private corporation for the purpose of providing private
12industry employment of inmates in a correctional institution
13shall prohibit the private corporation from utilizing inmate
14labor for partisan political purposes for any person seeking
15election to public office in this state and that a violation
16of this requirement shall result in a termination of the lease
17agreement.
18b. It is the intent of the general assembly that as a
19condition of receiving the appropriation provided in this
20subsection the department of corrections shall not enter into
21a lease or contractual agreement pursuant to section 904.809
22with a private corporation for the use of building space for
23the purpose of providing inmate employment without providing
24that the terms of the lease or contract establish safeguards to
25restrict, to the greatest extent feasible, access by inmates
26working for the private corporation to personal identifying
27information of citizens.
282. For educational programs for inmates at state penal
29institutions:
.................................................. $302,608,109
31a. To maximize the funding for educational programs,
32the department shall establish guidelines and procedures to
33prioritize the availability of educational and vocational
34training for inmates based upon the goal of facilitating an
35inmate’s successful release from the correctional institution.
-6- 1b. The director of the department of corrections may
2transfer moneys from Iowa prison industries and the canteen
3operating funds established pursuant to section 904.310, for
4use in educational programs for inmates.
5c. Notwithstanding section 8.33, moneys appropriated in
6this subsection that remain unobligated or unexpended at the
7close of the fiscal year shall not revert but shall remain
8available to be used only for the purposes designated in this
9subsection until the close of the succeeding fiscal year.
103. For the development of the Iowa corrections offender
11network (ICON) data system:
.................................................. $122,000,000
134. For offender mental health and substance abuse
14treatment:
.................................................. $1528,065
165. For department-wide duties, including operations, costs,
17and miscellaneous purposes:
.................................................. $181,297,894
19 Sec. 6. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL
20SERVICES.
211. There is appropriated from the general fund of the state
22to the department of corrections for the fiscal year beginning
23July 1, 2017, and ending June 30, 2018, for salaries, support,
24maintenance, and miscellaneous purposes, the following amounts,
25or so much thereof as is necessary, to be used for the purposes
26designated:
27a. For the first judicial district department of
28correctional services:
.................................................. $2914,636,766
30It is the intent of the general assembly that the first
31judicial district department of correctional services maintain
32the drug courts operated by the district department.
33b. For the second judicial district department of
34correctional services:
.................................................. $3511,383,739
-7- 1It is the intent of the general assembly that the second
2judicial district department of correctional services establish
3and maintain two drug courts to be operated by the district
4department.
5c. For the third judicial district department of
6correctional services:
.................................................. $77,167,957
8d. For the fourth judicial district department of
9correctional services:
.................................................. $105,579,922
11e. For the fifth judicial district department of
12correctional services, including funding for electronic
13monitoring devices for use on a statewide basis:
.................................................. $1420,857,940
15It is the intent of the general assembly that the fifth
16judicial district department of correctional services maintain
17the drug court operated by the district department.
18f. For the sixth judicial district department of
19correctional services:
.................................................. $2014,713,165
21It is the intent of the general assembly that the sixth
22judicial district department of correctional services maintain
23the drug court operated by the district department.
24g. For the seventh judicial district department of
25correctional services:
.................................................. $267,777,341
27It is the intent of the general assembly that the seventh
28judicial district department of correctional services maintain
29the drug court operated by the district department.
30h. For the eighth judicial district department of
31correctional services:
.................................................. $328,084,521
332. Each judicial district department of correctional
34services, within the funding available, shall continue programs
35and plans established within that district to provide for
-8-1intensive supervision, sex offender treatment, diversion of
2low-risk offenders to the least restrictive sanction available,
3job development, and expanded use of intermediate criminal
4sanctions.
53. Each judicial district department of correctional
6services shall provide alternatives to prison consistent with
7chapter 901B. The alternatives to prison shall ensure public
8safety while providing maximum rehabilitation to the offender.
9A judicial district department of correctional services may
10also establish a day program.
114. The governor’s office of drug control policy shall
12consider federal grants made to the department of corrections
13for the benefit of each of the eight judicial district
14departments of correctional services as local government
15grants, as defined pursuant to federal regulations.
165. The department of corrections shall continue to contract
17with a judicial district department of correctional services to
18provide for the rental of electronic monitoring equipment which
19shall be available statewide.
20 Sec. 7. DEPARTMENT OF CORRECTIONS — REALLOCATION OF
21APPROPRIATIONS. Notwithstanding section 8.39, within the
22moneys appropriated in this division of this Act to the
23department of corrections, the department may reallocate the
24moneys appropriated and allocated as necessary to best fulfill
25the needs of the correctional institutions, administration
26of the department, and the judicial district departments of
27correctional services. However, in addition to complying with
28the requirements of sections 904.116 and 905.8 and providing
29notice to the legislative services agency, the department
30of corrections shall also provide notice to the department
31of management, prior to the effective date of the revision
32or reallocation of an appropriation made pursuant to this
33section. The department of corrections shall not reallocate an
34appropriation or allocation for the purpose of eliminating any
35program.
-9-1 Sec. 8. INTENT — REPORTS.
21. The department of corrections in cooperation with
3townships, the Iowa cemetery associations, and other nonprofit
4or governmental entities may use inmate labor during the
5fiscal year beginning July 1, 2017, to restore or preserve
6rural cemeteries and historical landmarks. The department in
7cooperation with the counties may also use inmate labor to
8clean up roads, major water sources, and other water sources
9around the state.
102. On a quarterly basis the department shall provide a
11status report regarding private-sector employment to the
12legislative services agency beginning on July 1, 2017. The
13report shall include the number of offenders employed in the
14private sector, the combined number of hours worked by the
15offenders, the total amount of allowances, and the distribution
16of allowances pursuant to section 904.702, including any moneys
17deposited in the general fund of the state.
18 Sec. 9. ELECTRONIC MONITORING REPORT. The department of
19corrections shall submit a report on electronic monitoring to
20the general assembly, to the co-chairpersons and the ranking
21members of the joint appropriations subcommittee on the justice
22system, and to the legislative services agency by January
2315, 2018. The report shall specifically address the number
24of persons being electronically monitored and break down the
25number of persons being electronically monitored by offense
26committed. The report shall also include a comparison of any
27data from the prior fiscal year with the current year.
28 Sec. 10. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES.
291. As used in this section, unless the context otherwise
30requires, “state agency” means the government of the state
31of Iowa, including but not limited to all executive branch
32departments, agencies, boards, bureaus, and commissions, the
33judicial branch, the general assembly and all legislative
34agencies, institutions within the purview of the state board of
35regents, and any corporation whose primary function is to act
-10-1as an instrumentality of the state.
22. State agencies are encouraged to purchase products from
3Iowa state industries, as defined in section 904.802, when
4purchases are required and the products are available from
5Iowa state industries. State agencies shall obtain bids from
6Iowa state industries for purchases of office furniture during
7the fiscal year beginning July 1, 2017, exceeding $5,000 or
8in accordance with applicable administrative rules related to
9purchases for the agency.
10 Sec. 11. IOWA LAW ENFORCEMENT ACADEMY.
111. There is appropriated from the general fund of the
12state to the Iowa law enforcement academy for the fiscal year
13beginning July 1, 2017, and ending June 30, 2018, the following
14amount, or so much thereof as is necessary, to be used for the
15purposes designated:
16For salaries, support, maintenance, and miscellaneous
17purposes, including jailer training and technical assistance,
18and for not more than the following full-time equivalent
19positions:
.................................................. $20954,756
............................................... FTEs2125.00
22The Iowa law enforcement academy may temporarily exceed and
23draw more than the amount appropriated in this subsection and
24incur a negative cash balance as long as there are receivables
25equal to or greater than the negative balance and the amount
26appropriated in this subsection is not exceeded at the close
27of the fiscal year.
282. The Iowa law enforcement academy may select at least
29five automobiles of the department of public safety, division
30of state patrol, prior to turning over the automobiles to
31the department of administrative services to be disposed
32of by public auction, and the Iowa law enforcement academy
33may exchange any automobile owned by the academy for each
34automobile selected if the selected automobile is used in
35training law enforcement officers at the academy. However, any
-11-1automobile exchanged by the academy shall be substituted for
2the selected vehicle of the department of public safety and
3sold by public auction with the receipts being deposited in the
4depreciation fund to the credit of the department of public
5safety, division of state patrol.
63. The Iowa law enforcement academy shall provide training
7for domestic abuse and human trafficking-related issues
8throughout the state. The training shall be offered at no
9cost to the attendees and the training shall not replace any
10existing domestic abuse or human trafficking training offered
11by the academy.
12 Sec. 12. STATE PUBLIC DEFENDER. There is appropriated from
13the general fund of the state to the office of the state public
14defender of the department of inspections and appeals for the
15fiscal year beginning July 1, 2017, and ending June 30, 2018,
16the following amounts, or so much thereof as is necessary, to
17be used for the purposes designated:
181. For salaries, support, maintenance, and miscellaneous
19purposes, and for not more than the following full-time
20equivalent positions:
.................................................. $2126,182,243
............................................... FTEs22223.00
232. For payments on behalf of eligible adults and juveniles
24from the indigent defense fund, in accordance with section
25815.11:
.................................................. $2633,444,448
27 Sec. 13. BOARD OF PAROLE. There is appropriated from the
28general fund of the state to the board of parole for the fiscal
29year beginning July 1, 2017, and ending June 30, 2018, the
30following amount, or so much thereof as is necessary, to be
31used for the purposes designated:
32For salaries, support, maintenance, and miscellaneous
33purposes, and for not more than the following full-time
34equivalent positions:
.................................................. $351,191,731
-12-............................................... FTEs110.75
2 Sec. 14. DEPARTMENT OF PUBLIC DEFENSE.
31. There is appropriated from the general fund of the
4state to the department of public defense, for the fiscal year
5beginning July 1, 2017, and ending June 30, 2018, the following
6amounts, or so much thereof as is necessary, to be used for the
7purposes designated:
8For salaries, support, maintenance, and miscellaneous
9purposes, and for not more than the following full-time
10equivalent positions:
.................................................. $116,223,324
............................................... FTEs12248.00
132. The department of public defense may temporarily exceed
14and draw more than the amount appropriated in this section and
15incur a negative cash balance as long as there are receivables
16of federal funds equal to or greater than the negative balance
17and the amount appropriated in this section is not exceeded at
18the close of the fiscal year.
19 Sec. 15. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
20MANAGEMENT.
211. There is appropriated from the general fund of the state
22to the department of homeland security and emergency management
23for the fiscal year beginning July 1, 2017, and ending June
2430, 2018, the following amounts, or so much thereof as is
25necessary, to be used for the purposes designated:
26For salaries, support, maintenance, and miscellaneous
27purposes, and for not more than the following full-time
28equivalent positions:
.................................................. $292,121,927
............................................... FTEs3033.87
312. The department of homeland security and emergency
32management may temporarily exceed and draw more than the amount
33appropriated in this section and incur a negative cash balance
34as long as there are receivables of federal funds equal to or
35greater than the negative balance and the amount appropriated
-13-1in this section is not exceeded at the close of the fiscal
2year.
3 Sec. 16. DEPARTMENT OF PUBLIC SAFETY. There is appropriated
4from the general fund of the state to the department of public
5safety for the fiscal year beginning July 1, 2017, and ending
6June 30, 2018, the following amounts, or so much thereof as is
7necessary, to be used for the purposes designated:
81. For the department’s administrative functions, including
9the criminal justice information system, and for not more than
10the following full-time equivalent positions:
.................................................. $114,143,131
............................................... FTEs1237.00
132. For the division of criminal investigation, including
14the state’s contribution to the peace officers’ retirement,
15accident, and disability system provided in chapter 97A in the
16amount of the state’s normal contribution rate, as defined in
17section 97A.8, multiplied by the salaries for which the moneys
18are appropriated, to meet federal fund matching requirements,
19and for not more than the following full-time equivalent
20positions:
.................................................. $2113,590,544
............................................... FTEs22160.00
23The division of criminal investigation may employ two of
24the three additional full-time equivalent positions authorized
25pursuant to this subsection that are in excess of the number
26of full-time equivalent positions authorized for the previous
27fiscal year only if the division of criminal investigation
28receives sufficient federal moneys to maintain employment for
29the additional 2.00 full-time equivalent positions during the
30current fiscal year. The division of criminal investigation
31shall only employ the additional 2.00 full-time equivalent
32positions in succeeding fiscal years if sufficient federal
33moneys are received during each of those succeeding fiscal
34years.
353. For the criminalistics laboratory fund created in
-14-1section 691.9:
.................................................. $2302,345
34. a. For the division of narcotics enforcement, including
4the state’s contribution to the peace officers’ retirement,
5accident, and disability system provided in chapter 97A in the
6amount of the state’s normal contribution rate, as defined in
7section 97A.8, multiplied by the salaries for which the moneys
8are appropriated, to meet federal fund matching requirements,
9and for not more than the following full-time equivalent
10positions:
.................................................. $117,453,300
............................................... FTEs1266.50
13The division of narcotics enforcement may employ an
14additional 1.00 full-time equivalent position authorized
15pursuant to this lettered paragraph that is in excess of
16the number of full-time equivalent positions authorized for
17the previous fiscal year only if the division of narcotics
18enforcement receives sufficient federal moneys to maintain
19employment for the additional full-time equivalent position
20during the current fiscal year. The division of narcotics
21enforcement shall only employ the additional full-time
22equivalent position in succeeding fiscal years if sufficient
23federal moneys are received during each of those succeeding
24fiscal years.
25b. For the division of narcotics enforcement for undercover
26purchases:
.................................................. $27109,042
285. For the division of state fire marshal, for fire
29protection services as provided through the state fire service
30and emergency response council as created in the department,
31and for the state’s contribution to the peace officers’
32retirement, accident, and disability system provided in chapter
3397A in the amount of the state’s normal contribution rate,
34as defined in section 97A.8, multiplied by the salaries for
35which the moneys are appropriated, and for not more than the
-15-1following full-time equivalent positions:
.................................................. $24,686,714
............................................... FTEs353.00
46. For the division of state patrol, for salaries, support,
5maintenance, workers’ compensation costs, and miscellaneous
6purposes, including the state’s contribution to the peace
7officers’ retirement, accident, and disability system provided
8in chapter 97A in the amount of the state’s normal contribution
9rate, as defined in section 97A.8, multiplied by the salaries
10for which the moneys are appropriated, and for not more than
11the following full-time equivalent positions:
.................................................. $1261,366,340
............................................... FTEs13511.40
14It is the intent of the general assembly that members of the
15state patrol be assigned to patrol the highways and roads in
16lieu of assignments for inspecting school buses for the school
17districts.
187. For deposit in the sick leave benefits fund established
19under section 80.42 for all departmental employees eligible to
20receive benefits for accrued sick leave under the collective
21bargaining agreement:
.................................................. $22279,517
238. For costs associated with the training and equipment
24needs of volunteer fire fighters:
.................................................. $25825,520
26a. Notwithstanding section 8.33, moneys appropriated in
27this subsection that remain unencumbered or unobligated at the
28close of the fiscal year shall not revert but shall remain
29available for expenditure only for the purpose designated in
30this subsection until the close of the succeeding fiscal year.
31b. Notwithstanding section 8.39, the department of public
32safety may reallocate moneys appropriated in this section
33as necessary to best fulfill the needs provided for in the
34appropriation. However, the department shall not reallocate
35moneys appropriated to the department in this section unless
-16-1notice of the reallocation is given to the legislative services
2agency and the department of management prior to the effective
3date of the reallocation. The notice shall include information
4regarding the rationale for reallocating the moneys. The
5department shall not reallocate moneys appropriated in this
6section for the purpose of eliminating any program.
79. For the public safety interoperable and broadband
8communications fund established in section 80.44:
.................................................. $9115,661
1010. For the office to combat human trafficking established
11pursuant to section 80.45, as enacted by 2016 Iowa Acts,
12chapter 1077, section 1, including salaries, support,
13maintenance, miscellaneous purposes, and for not more than the
14following full-time equivalent positions:
.................................................. $15150,000
............................................... FTEs162.00
1711. For department-wide duties, including operations,
18costs, and miscellaneous purposes:
.................................................. $191,834,973
20 Sec. 17. GAMING ENFORCEMENT.
211. There is appropriated from the gaming enforcement
22revolving fund created in section 80.43 to the department of
23public safety for the fiscal year beginning July 1, 2017, and
24ending June 30, 2018, the following amount, or so much thereof
25as is necessary, to be used for the purposes designated:
26For any direct support costs for agents and officers of
27the division of criminal investigation’s excursion gambling
28boat, gambling structure, and racetrack enclosure enforcement
29activities, including salaries, support, maintenance, and
30miscellaneous purposes, and for not more than the following
31full-time equivalent positions:
.................................................. $3210,841,272
............................................... FTEs3373.00
342. For each additional license to conduct gambling games on
35an excursion gambling boat, gambling structure, or racetrack
-17-1enclosure issued during the fiscal year beginning July 1, 2017,
2there is appropriated from the gaming enforcement fund to the
3department of public safety for the fiscal year beginning July
41, 2017, and ending June 30, 2018, an additional amount of not
5more than $300,000 to be used for not more than 3.00 additional
6full-time equivalent positions.
73. The department of public safety, with the approval of the
8department of management, may employ no more than three special
9agents for each additional riverboat or gambling structure
10regulated after July 1, 2017, and three special agents for
11each racing facility which becomes operational during the
12fiscal year which begins July 1, 2017. Positions authorized
13in this subsection are in addition to the full-time equivalent
14positions otherwise authorized in this section.
15 Sec. 18. CIVIL RIGHTS COMMISSION.
161. There is appropriated from the general fund of the state
17to the Iowa state civil rights commission for the fiscal year
18beginning July 1, 2017, and ending June 30, 2018, the following
19amount, or so much thereof as is necessary, to be used for the
20purposes designated:
21For salaries, support, maintenance, and miscellaneous
22purposes, and for not more than the following full-time
23equivalent positions:
.................................................. $241,157,062
............................................... FTEs2530.00
262. The Iowa state civil rights commission may enter into
27a contract with a nonprofit organization to provide legal
28assistance to resolve civil rights complaints.
29 Sec. 19. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION.
301. There is appropriated from the general fund of the state
31to the criminal and juvenile justice planning division of the
32department of human rights for the fiscal year beginning July
331, 2017, and ending June 30, 2018, the following amount, or
34so much thereof as is necessary, to be used for the purposes
35designated:
-18- 1For salaries, support, maintenance, and miscellaneous
2purposes, and for not more than the following full-time
3equivalent positions:
.................................................. $41,187,833
............................................... FTEs59.56
62. The criminal and juvenile justice planning advisory
7council and the juvenile justice advisory council shall
8coordinate their efforts in carrying out their respective
9duties relative to juvenile justice.
10 Sec. 20. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
11MANAGEMENT. There is appropriated from the E911 emergency
12communications fund created in section 34A.7A to the department
13of homeland security and emergency management for the fiscal
14year beginning July 1, 2017, and ending June 30, 2018, the
15following amount, or so much thereof as is necessary, to be
16used for the purposes designated:
17For implementation, support, and maintenance of the
18functions of the administrator and program manager under
19chapter 34A and to employ the auditor of the state to perform
20an annual audit of the E911 emergency communications fund:
.................................................. $21250,000
22DIVISION II
23MISCELLANEOUS CHANGES
24 Sec. 21. Section 35A.13, subsection 6, Code 2017, is amended
25by adding the following new paragraph:
26 NEW PARAGRAPH. n. Expenses related to survivor outreach
27activities supported by the department of public defense
28established in section 29.1.
29 Sec. 22. NEW SECTION. 80B.19 Academy internal training fund
30clearing account.
311. Activities of the academy shall be accounted for within
32the general fund of the state, except the academy may establish
33and maintain an internal training clearing fund in accordance
34with generally accepted accounting principles, as defined in
35section 8.57, subsection 4, for activities of the academy
-19-1which are primarily from billings to governmental entities for
2services rendered by the academy.
32. Internal training funds in the internal training
4clearing fund shall be administered by the academy and shall
5consist of moneys collected by the academy from billings issued
6in accordance with chapter 80B, and any other moneys obtained
7or accepted by the academy, including but not limited to gifts,
8loans, donations, grants, and contributions, which are obtained
9or designated to support the activities of the academy.
103. The proceeds of an internal training clearing fund
11established pursuant to this section shall be used by the
12academy and expended through the appropriated account of the
13academy for the operations of the academy consistent with this
14chapter. However, this usage requirement shall not limit or
15restrict the academy from using proceeds from gifts, loans,
16donations, grants, and contributions in conformance with any
17conditions, directions, limitations, or instructions attached
18or related thereto.
194. Section 8.33 does not apply to any moneys in the internal
20training clearing fund established pursuant to this section.
21Notwithstanding section 12C.7, subsection 2, interest or
22earnings on moneys deposited in the fund shall be credited to
23the fund.
24 Sec. 23. Section 805.6, subsection 4, paragraphs a, b, and
25c, Code 2017, are amended to read as follows:
26a. If the offense is one to which an assessment of a minimum
27fine is applicable and the entry is otherwise not prohibited
28by this section, an amount equal to one and one-half times the
29minimum fine and applicable surcharge assessed pursuant to
30chapter 911, plus court costs.
31b. If the offense is one to which a scheduled fine is
32applicable, an amount equal to one and one-half times the
33scheduled fine and applicable surcharge assessed pursuant to
34chapter 911, plus court costs.
35c. If the violation is for any offense for which a court
-20-1appearance is mandatory, and an assessment of a minimum fine
2is not applicable, the amount of one hundred dollars and
3applicable surcharge assessed pursuant to chapter 911, plus
4court costs.
5 Sec. 24. 2014 Iowa Acts, chapter 1138, section 21, as
6amended by 2016 Iowa Acts, chapter 1137, section 18, is amended
7to read as follows:
8SEC. 21. CONSUMER EDUCATION AND LITIGATION FUND.
9Notwithstanding section 714.16C, for each fiscal year of the
10period beginning July 1, 2014, and ending June 30, 2018 2019,
11the annual appropriations in section 714.16C, are increased
12from $1,125,000 to $1,875,000, and $75,000 to $125,000
13respectively.
14 Sec. 25. REPEAL. Sections 904.203, 904.204, 904.205, and
15904.206, Code 2017, are repealed.
16DIVISION III
17FY 2018-2019
18APPROPRIATIONS
19 Sec. 26. DEPARTMENT OF JUSTICE.
201. There is appropriated from the general fund of the state
21to the department of justice for the fiscal year beginning July
221, 2018, and ending June 30, 2019, the following amounts, or
23so much thereof as is necessary, to be used for the purposes
24designated:
25a. For the general office of attorney general for salaries,
26support, maintenance, and miscellaneous purposes, including
27the prosecuting attorneys training program, matching funds
28for federal violence against women grant programs, victim
29assistance grants, office of drug control policy prosecuting
30attorney program, and odometer fraud enforcement, and for not
31more than the following full-time equivalent positions:
.................................................. $323,336,154
............................................... FTEs33215.00
34As a condition of receiving the appropriation provided
35in this lettered paragraph, the department of justice shall
-21-1maintain a record of the estimated time incurred representing
2each agency or department.
3b. For victim assistance grants:
.................................................. $42,508,354
5The moneys appropriated in this lettered paragraph shall be
6used to provide grants to care providers providing services to
7crime victims of domestic abuse or to crime victims of rape and
8sexual assault.
9The balance of the victim compensation fund established in
10section 915.94 may be used to provide salary and support of not
11more than 19.00 full-time equivalent positions and to provide
12maintenance for the victim compensation functions of the
13department of justice. In addition to the full-time equivalent
14positions authorized pursuant to this lettered paragraph, the
15department of justice is authorized 5.00 full-time equivalent
16positions to provide maintenance for victim compensation
17functions and such additional full-time equivalent positions
18shall be used by the department of justice to employ one
19accountant and four program planners. The department of
20justice may employ the additional 5.00 full-time equivalent
21positions authorized pursuant to this lettered paragraph only
22if the department of justice receives sufficient federal moneys
23to maintain employment for the additional full-time equivalent
24positions during the current fiscal year. The department
25of justice shall only employ the additional 5.00 full-time
26equivalent positions in succeeding fiscal years if sufficient
27federal moneys are received during each of those succeeding
28fiscal years.
29The department of justice shall transfer at least $150,000
30from the victim compensation fund established in section 915.94
31to the victim assistance grant program.
32Notwithstanding section 8.33, moneys appropriated in this
33paragraph “b” that remain unencumbered or unobligated at the
34close of the fiscal year shall not revert but shall remain
35available for expenditure for the purposes designated until the
-22-1close of the succeeding fiscal year.
2c. For legal services for persons in poverty grants as
3provided in section 13.34:
.................................................. $41,152,301
52. a. The department of justice, in submitting budget
6estimates for the fiscal year commencing July 1, 2019, pursuant
7to section 8.23, shall include a report of funding from sources
8other than amounts appropriated directly from the general fund
9of the state to the department of justice or to the office of
10consumer advocate. These funding sources shall include but
11are not limited to reimbursements from other state agencies,
12commissions, boards, or similar entities, and reimbursements
13from special funds or internal accounts within the department
14of justice. The department of justice shall also report actual
15reimbursements for the fiscal year commencing July 1, 2017,
16and actual and expected reimbursements for the fiscal year
17commencing July 1, 2018.
18b. The department of justice shall include the report
19required under paragraph “a”, as well as information regarding
20any revisions occurring as a result of reimbursements actually
21received or expected at a later date, in a report to the
22co-chairpersons and ranking members of the joint appropriations
23subcommittee on the justice system and the legislative services
24agency. The department of justice shall submit the report on
25or before January 15, 2019.
263. a. The department of justice shall reimburse the
27costs and necessary related expenses incurred by the Iowa
28law enforcement academy to employ one additional instructor
29position who shall provide training for domestic abuse and
30human trafficking-related issues throughout the state.
31b. The department of justice shall obtain the moneys
32necessary to reimburse the Iowa law enforcement academy to
33employ such an instructor from unrestricted moneys from either
34the victim compensation fund established in section 915.94, the
35human trafficking victim fund established in section 915.95, or
-23-1the human trafficking enforcement fund established in 2015 Iowa
2Acts, chapter 138, section 141.
3 Sec. 27. OFFICE OF CONSUMER ADVOCATE. There is appropriated
4from the department of commerce revolving fund created in
5section 546.12 to the office of consumer advocate of the
6department of justice for the fiscal year beginning July 1,
72018, and ending June 30, 2019, the following amount, or so
8much thereof as is necessary, to be used for the purposes
9designated:
10For salaries, support, maintenance, and miscellaneous
11purposes, and for not more than the following full-time
12equivalent positions:
.................................................. $131,568,794
............................................... FTEs1422.00
15 Sec. 28. DEPARTMENT OF CORRECTIONS — FACILITIES.
161. There is appropriated from the general fund of the state
17to the department of corrections for the fiscal year beginning
18July 1, 2018, and ending June 30, 2019, the following amounts,
19or so much thereof as is necessary, to be used for the purposes
20designated:
21a. For the operation of the Fort Madison correctional
22facility, including salaries, support, maintenance, and
23miscellaneous purposes:
.................................................. $2421,359,525
25b. For the operation of the Anamosa correctional facility,
26including salaries, support, maintenance, and miscellaneous
27purposes:
.................................................. $2816,413,582
29c. For the operation of the Oakdale correctional facility,
30including salaries, support, maintenance, and miscellaneous
31purposes:
.................................................. $3229,745,767
33d. For the operation of the Newton correctional facility,
34including salaries, support, maintenance, and miscellaneous
35purposes:
-24-.................................................. $113,830,610
2e. For the operation of the Mount Pleasant correctional
3facility, including salaries, support, maintenance, and
4miscellaneous purposes:
.................................................. $512,338,207
6f. For the operation of the Rockwell City correctional
7facility, including salaries, support, maintenance, and
8miscellaneous purposes:
.................................................. $94,860,229
10g. For the operation of the Clarinda correctional facility,
11including salaries, support, maintenance, and miscellaneous
12purposes:
.................................................. $1312,542,703
14Moneys received by the department of corrections as
15reimbursement for services provided to the Clarinda youth
16corporation are appropriated to the department and shall be
17used for the purpose of operating the Clarinda correctional
18facility.
19h. For the operation of the Mitchellville correctional
20facility, including salaries, support, maintenance, and
21miscellaneous purposes:
.................................................. $2211,197,045
23i. For the operation of the Fort Dodge correctional
24facility, including salaries, support, maintenance, and
25miscellaneous purposes:
.................................................. $2614,883,498
27j. For reimbursement of counties for temporary confinement
28of prisoners, as provided in sections 901.7, 904.908, and
29906.17, and for offenders confined pursuant to section 904.513:
.................................................. $30787,546
31k. For federal prison reimbursement, reimbursements for
32out-of-state placements, and miscellaneous contracts:
.................................................. $33242,206
342. The department of corrections shall use moneys
35appropriated in subsection 1 to continue to contract for the
-25-1services of a Muslim imam and a Native American spiritual
2leader.
3 Sec. 29. DEPARTMENT OF CORRECTIONS — ADMINISTRATION.
4There is appropriated from the general fund of the state to the
5department of corrections for the fiscal year beginning July
61, 2018, and ending June 30, 2019, the following amounts, or
7so much thereof as is necessary, to be used for the purposes
8designated:
91. For general administration, including salaries, support,
10maintenance, employment of an education director to administer
11a centralized education program for the correctional system,
12and miscellaneous purposes:
.................................................. $132,576,953
14a. It is the intent of the general assembly that each
15lease negotiated by the department of corrections with a
16private corporation for the purpose of providing private
17industry employment of inmates in a correctional institution
18shall prohibit the private corporation from utilizing inmate
19labor for partisan political purposes for any person seeking
20election to public office in this state and that a violation
21of this requirement shall result in a termination of the lease
22agreement.
23b. It is the intent of the general assembly that as a
24condition of receiving the appropriation provided in this
25subsection the department of corrections shall not enter into
26a lease or contractual agreement pursuant to section 904.809
27with a private corporation for the use of building space for
28the purpose of providing inmate employment without providing
29that the terms of the lease or contract establish safeguards to
30restrict, to the greatest extent feasible, access by inmates
31working for the private corporation to personal identifying
32information of citizens.
332. For educational programs for inmates at state penal
34institutions:
.................................................. $351,304,055
-26- 1a. To maximize the funding for educational programs,
2the department shall establish guidelines and procedures to
3prioritize the availability of educational and vocational
4training for inmates based upon the goal of facilitating an
5inmate’s successful release from the correctional institution.
6b. The director of the department of corrections may
7transfer moneys from Iowa prison industries and the canteen
8operating funds established pursuant to section 904.310, for
9use in educational programs for inmates.
10c. Notwithstanding section 8.33, moneys appropriated in
11this subsection that remain unobligated or unexpended at the
12close of the fiscal year shall not revert but shall remain
13available to be used only for the purposes designated in this
14subsection until the close of the succeeding fiscal year.
153. For the development of the Iowa corrections offender
16network (ICON) data system:
.................................................. $171,000,000
184. For offender mental health and substance abuse
19treatment:
.................................................. $2014,033
215. For department-wide duties, including operations, costs,
22and miscellaneous purposes:
.................................................. $23648,947
24 Sec. 30. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL
25SERVICES.
261. There is appropriated from the general fund of the state
27to the department of corrections for the fiscal year beginning
28July 1, 2018, and ending June 30, 2019, for salaries, support,
29maintenance, and miscellaneous purposes, the following amounts,
30or so much thereof as is necessary, to be used for the purposes
31designated:
32a. For the first judicial district department of
33correctional services:
.................................................. $347,318,383
35It is the intent of the general assembly that the first
-27-1judicial district department of correctional services maintain
2the drug courts operated by the district department.
3b. For the second judicial district department of
4correctional services:
.................................................. $55,691,870
6It is the intent of the general assembly that the second
7judicial district department of correctional services establish
8and maintain two drug courts to be operated by the district
9department.
10c. For the third judicial district department of
11correctional services:
.................................................. $123,583,979
13d. For the fourth judicial district department of
14correctional services:
.................................................. $152,789,961
16e. For the fifth judicial district department of
17correctional services, including funding for electronic
18monitoring devices for use on a statewide basis:
.................................................. $1910,428,970
20It is the intent of the general assembly that the fifth
21judicial district department of correctional services maintain
22the drug court operated by the district department.
23f. For the sixth judicial district department of
24correctional services:
.................................................. $257,356,583
26It is the intent of the general assembly that the sixth
27judicial district department of correctional services maintain
28the drug court operated by the district department.
29g. For the seventh judicial district department of
30correctional services:
.................................................. $313,888,671
32It is the intent of the general assembly that the seventh
33judicial district department of correctional services maintain
34the drug court operated by the district department.
35h. For the eighth judicial district department of
-28-1correctional services:
.................................................. $24,042,261
32. Each judicial district department of correctional
4services, within the funding available, shall continue programs
5and plans established within that district to provide for
6intensive supervision, sex offender treatment, diversion of
7low-risk offenders to the least restrictive sanction available,
8job development, and expanded use of intermediate criminal
9sanctions.
103. Each judicial district department of correctional
11services shall provide alternatives to prison consistent with
12chapter 901B. The alternatives to prison shall ensure public
13safety while providing maximum rehabilitation to the offender.
14A judicial district department of correctional services may
15also establish a day program.
164. The governor’s office of drug control policy shall
17consider federal grants made to the department of corrections
18for the benefit of each of the eight judicial district
19departments of correctional services as local government
20grants, as defined pursuant to federal regulations.
215. The department of corrections shall continue to contract
22with a judicial district department of correctional services to
23provide for the rental of electronic monitoring equipment which
24shall be available statewide.
25 Sec. 31. DEPARTMENT OF CORRECTIONS — REALLOCATION OF
26APPROPRIATIONS. Notwithstanding section 8.39, within the
27moneys appropriated in this division of this Act to the
28department of corrections, the department may reallocate the
29moneys appropriated and allocated as necessary to best fulfill
30the needs of the correctional institutions, administration
31of the department, and the judicial district departments of
32correctional services. However, in addition to complying with
33the requirements of sections 904.116 and 905.8 and providing
34notice to the legislative services agency, the department
35of corrections shall also provide notice to the department
-29-1of management, prior to the effective date of the revision
2or reallocation of an appropriation made pursuant to this
3section. The department of corrections shall not reallocate an
4appropriation or allocation for the purpose of eliminating any
5program.
6 Sec. 32. INTENT — REPORTS.
71. The department of corrections in cooperation with
8townships, the Iowa cemetery associations, and other nonprofit
9or governmental entities may use inmate labor during the
10fiscal year beginning July 1, 2018, to restore or preserve
11rural cemeteries and historical landmarks. The department in
12cooperation with the counties may also use inmate labor to
13clean up roads, major water sources, and other water sources
14around the state.
152. On a quarterly basis the department shall provide a
16status report regarding private-sector employment to the
17legislative services agency beginning on July 1, 2018. The
18report shall include the number of offenders employed in the
19private sector, the combined number of hours worked by the
20offenders, the total amount of allowances, and the distribution
21of allowances pursuant to section 904.702, including any moneys
22deposited in the general fund of the state.
23 Sec. 33. ELECTRONIC MONITORING REPORT. The department of
24corrections shall submit a report on electronic monitoring to
25the general assembly, to the co-chairpersons and the ranking
26members of the joint appropriations subcommittee on the justice
27system, and to the legislative services agency by January
2815, 2019. The report shall specifically address the number
29of persons being electronically monitored and break down the
30number of persons being electronically monitored by offense
31committed. The report shall also include a comparison of any
32data from the prior fiscal year with the current year.
33 Sec. 34. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES.
341. As used in this section, unless the context otherwise
35requires, “state agency” means the government of the state
-30-1of Iowa, including but not limited to all executive branch
2departments, agencies, boards, bureaus, and commissions, the
3judicial branch, the general assembly and all legislative
4agencies, institutions within the purview of the state board of
5regents, and any corporation whose primary function is to act
6as an instrumentality of the state.
72. State agencies are encouraged to purchase products from
8Iowa state industries, as defined in section 904.802, when
9purchases are required and the products are available from
10Iowa state industries. State agencies shall obtain bids from
11Iowa state industries for purchases of office furniture during
12the fiscal year beginning July 1, 2018, exceeding $5,000 or
13in accordance with applicable administrative rules related to
14purchases for the agency.
15 Sec. 35. IOWA LAW ENFORCEMENT ACADEMY.
161. There is appropriated from the general fund of the
17state to the Iowa law enforcement academy for the fiscal year
18beginning July 1, 2018, and ending June 30, 2019, the following
19amount, or so much thereof as is necessary, to be used for the
20purposes designated:
21For salaries, support, maintenance, and miscellaneous
22purposes, including jailer training and technical assistance,
23and for not more than the following full-time equivalent
24positions:
.................................................. $25477,378
............................................... FTEs2625.00
27The Iowa law enforcement academy may temporarily exceed and
28draw more than the amount appropriated in this subsection and
29incur a negative cash balance as long as there are receivables
30equal to or greater than the negative balance and the amount
31appropriated in this subsection is not exceeded at the close
32of the fiscal year.
332. The Iowa law enforcement academy may select at least
34five automobiles of the department of public safety, division
35of state patrol, prior to turning over the automobiles to
-31-1the department of administrative services to be disposed
2of by public auction, and the Iowa law enforcement academy
3may exchange any automobile owned by the academy for each
4automobile selected if the selected automobile is used in
5training law enforcement officers at the academy. However, any
6automobile exchanged by the academy shall be substituted for
7the selected vehicle of the department of public safety and
8sold by public auction with the receipts being deposited in the
9depreciation fund to the credit of the department of public
10safety, division of state patrol.
113. The Iowa law enforcement academy shall provide training
12for domestic abuse and human trafficking-related issues
13throughout the state. The training shall be offered at no
14cost to the attendees and the training shall not replace any
15existing domestic abuse or human trafficking training offered
16by the academy.
17 Sec. 36. STATE PUBLIC DEFENDER. There is appropriated from
18the general fund of the state to the office of the state public
19defender of the department of inspections and appeals for the
20fiscal year beginning July 1, 2018, and ending June 30, 2019,
21the following amounts, or so much thereof as is necessary, to
22be used for the purposes designated:
231. For salaries, support, maintenance, and miscellaneous
24purposes, and for not more than the following full-time
25equivalent positions:
.................................................. $2613,091,122
............................................... FTEs27223.00
282. For payments on behalf of eligible adults and juveniles
29from the indigent defense fund, in accordance with section
30815.11:
.................................................. $3116,722,224
32 Sec. 37. BOARD OF PAROLE. There is appropriated from the
33general fund of the state to the board of parole for the fiscal
34year beginning July 1, 2018, and ending June 30, 2019, the
35following amount, or so much thereof as is necessary, to be
-32-1used for the purposes designated:
2For salaries, support, maintenance, and miscellaneous
3purposes, and for not more than the following full-time
4equivalent positions:
.................................................. $5595,866
............................................... FTEs610.75
7 Sec. 38. DEPARTMENT OF PUBLIC DEFENSE.
81. There is appropriated from the general fund of the
9state to the department of public defense, for the fiscal year
10beginning July 1, 2018, and ending June 30, 2019, the following
11amounts, or so much thereof as is necessary, to be used for the
12purposes designated:
13For salaries, support, maintenance, and miscellaneous
14purposes, and for not more than the following full-time
15equivalent positions:
.................................................. $163,111,662
............................................... FTEs17248.00
182. The department of public defense may temporarily exceed
19and draw more than the amount appropriated in this section and
20incur a negative cash balance as long as there are receivables
21of federal funds equal to or greater than the negative balance
22and the amount appropriated in this section is not exceeded at
23the close of the fiscal year.
24 Sec. 39. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
25MANAGEMENT.
261. There is appropriated from the general fund of the state
27to the department of homeland security and emergency management
28for the fiscal year beginning July 1, 2018, and ending June
2930, 2019, the following amounts, or so much thereof as is
30necessary, to be used for the purposes designated:
31For salaries, support, maintenance, and miscellaneous
32purposes, and for not more than the following full-time
33equivalent positions:
.................................................. $341,060,964
............................................... FTEs3533.87
-33- 12. The department of homeland security and emergency
2management may temporarily exceed and draw more than the amount
3appropriated in this section and incur a negative cash balance
4as long as there are receivables of federal funds equal to or
5greater than the negative balance and the amount appropriated
6in this section is not exceeded at the close of the fiscal
7year.
8 Sec. 40. DEPARTMENT OF PUBLIC SAFETY. There is appropriated
9from the general fund of the state to the department of public
10safety for the fiscal year beginning July 1, 2018, and ending
11June 30, 2019, the following amounts, or so much thereof as is
12necessary, to be used for the purposes designated:
131. For the department’s administrative functions, including
14the criminal justice information system, and for not more than
15the following full-time equivalent positions:
.................................................. $162,071,566
............................................... FTEs1737.00
182. For the division of criminal investigation, including
19the state’s contribution to the peace officers’ retirement,
20accident, and disability system provided in chapter 97A in the
21amount of the state’s normal contribution rate, as defined in
22section 97A.8, multiplied by the salaries for which the moneys
23are appropriated, to meet federal fund matching requirements,
24and for not more than the following full-time equivalent
25positions:
.................................................. $266,795,272
............................................... FTEs27160.00
28The division of criminal investigation may employ two of
29the three additional full-time equivalent positions authorized
30pursuant to this subsection that are in excess of the number
31of full-time equivalent positions authorized for the previous
32fiscal year only if the division of criminal investigation
33receives sufficient federal moneys to maintain employment for
34the additional 2.00 full-time equivalent positions during the
35current fiscal year. The division of criminal investigation
-34-1shall only employ the additional 2.00 full-time equivalent
2positions in succeeding fiscal years if sufficient federal
3moneys are received during each of those succeeding fiscal
4years.
53. For the criminalistics laboratory fund created in
6section 691.9:
.................................................. $7151,173
84. a. For the division of narcotics enforcement, including
9the state’s contribution to the peace officers’ retirement,
10accident, and disability system provided in chapter 97A in the
11amount of the state’s normal contribution rate, as defined in
12section 97A.8, multiplied by the salaries for which the moneys
13are appropriated, to meet federal fund matching requirements,
14and for not more than the following full-time equivalent
15positions:
.................................................. $163,726,650
............................................... FTEs1766.50
18The division of narcotics enforcement may employ an
19additional 1.00 full-time equivalent position authorized
20pursuant to this lettered paragraph that is in excess of
21the number of full-time equivalent positions authorized for
22the previous fiscal year only if the division of narcotics
23enforcement receives sufficient federal moneys to maintain
24employment for the additional full-time equivalent position
25during the current fiscal year. The division of narcotics
26enforcement shall only employ the additional full-time
27equivalent position in succeeding fiscal years if sufficient
28federal moneys are received during each of those succeeding
29fiscal years.
30b. For the division of narcotics enforcement for undercover
31purchases:
.................................................. $3254,521
335. For the division of state fire marshal, for fire
34protection services as provided through the state fire service
35and emergency response council as created in the department,
-35-1and for the state’s contribution to the peace officers’
2retirement, accident, and disability system provided in chapter
397A in the amount of the state’s normal contribution rate,
4as defined in section 97A.8, multiplied by the salaries for
5which the moneys are appropriated, and for not more than the
6following full-time equivalent positions:
.................................................. $72,343,357
............................................... FTEs853.00
96. For the division of state patrol, for salaries, support,
10maintenance, workers’ compensation costs, and miscellaneous
11purposes, including the state’s contribution to the peace
12officers’ retirement, accident, and disability system provided
13in chapter 97A in the amount of the state’s normal contribution
14rate, as defined in section 97A.8, multiplied by the salaries
15for which the moneys are appropriated, and for not more than
16the following full-time equivalent positions:
.................................................. $1730,683,170
............................................... FTEs18511.40
19It is the intent of the general assembly that members of the
20state patrol be assigned to patrol the highways and roads in
21lieu of assignments for inspecting school buses for the school
22districts.
237. For deposit in the sick leave benefits fund established
24under section 80.42 for all departmental employees eligible to
25receive benefits for accrued sick leave under the collective
26bargaining agreement:
.................................................. $27139,759
288. For costs associated with the training and equipment
29needs of volunteer fire fighters:
.................................................. $30412,760
31a. Notwithstanding section 8.33, moneys appropriated in
32this subsection that remain unencumbered or unobligated at the
33close of the fiscal year shall not revert but shall remain
34available for expenditure only for the purpose designated in
35this subsection until the close of the succeeding fiscal year.
-36- 1b. Notwithstanding section 8.39, the department of public
2safety may reallocate moneys appropriated in this section
3as necessary to best fulfill the needs provided for in the
4appropriation. However, the department shall not reallocate
5moneys appropriated to the department in this section unless
6notice of the reallocation is given to the legislative services
7agency and the department of management prior to the effective
8date of the reallocation. The notice shall include information
9regarding the rationale for reallocating the moneys. The
10department shall not reallocate moneys appropriated in this
11section for the purpose of eliminating any program.
129. For the public safety interoperable and broadband
13communications fund established in section 80.44:
.................................................. $1457,831
1510. For the office to combat human trafficking established
16pursuant to section 80.45 as enacted by 2016 Iowa Acts, chapter
171077, section 1, including salaries, support, maintenance,
18miscellaneous purposes, and for not more than the following
19full-time equivalent positions:
.................................................. $2075,000
............................................... FTEs212.00
2211. For department-wide duties, including operations,
23costs, and miscellaneous purposes:
.................................................. $24917,487
25 Sec. 41. GAMING ENFORCEMENT.
261. There is appropriated from the gaming enforcement
27revolving fund created in section 80.43 to the department of
28public safety for the fiscal year beginning July 1, 2018, and
29ending June 30, 2019, the following amount, or so much thereof
30as is necessary, to be used for the purposes designated:
31For any direct support costs for agents and officers of
32the division of criminal investigation’s excursion gambling
33boat, gambling structure, and racetrack enclosure enforcement
34activities, including salaries, support, maintenance, and
35miscellaneous purposes, and for not more than the following
-37-1full-time equivalent positions:
.................................................. $24,872,636
............................................... FTEs373.00
42. For each additional license to conduct gambling games on
5an excursion gambling boat, gambling structure, or racetrack
6enclosure issued during the fiscal year beginning July 1, 2018,
7there is appropriated from the gaming enforcement fund to the
8department of public safety for the fiscal year beginning July
91, 2018, and ending June 30, 2019, an additional amount of not
10more than $300,000 to be used for not more than 3.00 additional
11full-time equivalent positions.
123. The department of public safety, with the approval of the
13department of management, may employ no more than three special
14agents for each additional riverboat or gambling structure
15regulated after July 1, 2018, and three special agents for
16each racing facility which becomes operational during the
17fiscal year which begins July 1, 2018. Positions authorized
18in this subsection are in addition to the full-time equivalent
19positions otherwise authorized in this section.
20 Sec. 42. CIVIL RIGHTS COMMISSION.
211. There is appropriated from the general fund of the state
22to the Iowa state civil rights commission for the fiscal year
23beginning July 1, 2018, and ending June 30, 2019, the following
24amount, or so much thereof as is necessary, to be used for the
25purposes designated:
26For salaries, support, maintenance, and miscellaneous
27purposes, and for not more than the following full-time
28equivalent positions:
.................................................. $29578,531
............................................... FTEs3030.00
312. The Iowa state civil rights commission may enter into
32a contract with a nonprofit organization to provide legal
33assistance to resolve civil rights complaints.
34 Sec. 43. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION.
351. There is appropriated from the general fund of the state
-38-1to the criminal and juvenile justice planning division of the
2department of human rights for the fiscal year beginning July
31, 2018, and ending June 30, 2019, the following amount or
4so much thereof as is necessary, to be used for the purposes
5designated:
6For salaries, support, maintenance, and miscellaneous
7purposes, and for not more than the following full-time
8equivalent positions:
.................................................. $9593,917
............................................... FTEs109.56
112. The criminal and juvenile justice planning advisory
12council and the juvenile justice advisory council shall
13coordinate their efforts in carrying out their respective
14duties relative to juvenile justice.
15 Sec. 44. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY
16MANAGEMENT. There is appropriated from the E911 emergency
17communications fund created in section 34A.7A to the department
18of homeland security and emergency management for the fiscal
19year beginning July 1, 2018, and ending June 30, 2019, the
20following amount, or so much thereof as is necessary, to be
21used for the purposes designated:
22For implementation, support, and maintenance of the
23functions of the administrator and program manager under
24chapter 34A and to employ the auditor of the state to perform
25an annual audit of the E911 emergency communications fund:
.................................................. $26125,000
27EXPLANATION
28The inclusion of this explanation does not constitute agreement with
29the explanation’s substance by the members of the general assembly.
30This bill relates to and makes appropriations to the justice
31system. The bill is organized by divisions.
32FY 2017-2018 APPROPRIATIONS. The bill makes appropriations
33from the general fund of the state for fiscal year 2017-2018 to
34the departments of justice, corrections, public defense, public
35safety, and homeland security and emergency management, and
-39-1the Iowa law enforcement academy, office of the state public
2defender, board of parole, Iowa state civil rights commission,
3and the criminal and juvenile justice planning division of the
4department of human rights.
5The bill appropriates moneys from the consumer education and
6litigation fund to the department of justice for farm mediation
7services for fiscal year 2017-2018.
8The bill appropriates moneys from the department of commerce
9revolving fund to the office of consumer advocate of the
10department of justice for fiscal year 2017-2018.
11The bill also appropriates moneys from the gaming
12enforcement revolving fund to the department of public safety
13for fiscal year 2017-2018.
14The bill appropriates moneys from the wireless E911
15emergency communications fund to the department of homeland
16security and emergency management for fiscal year 2017-2018.
17The bill provides that moneys appropriated to the veterans
18trust fund established in Code section 35A.13 may be used, upon
19a majority vote of the commission of veterans affairs, for
20expenses related to survivor outreach supported by the Iowa
21department of public defense.
22The bill creates new Code section 80B.19 establishing the
23Iowa law enforcement academy internal training clearing fund.
24The bill provides that the activities of the academy shall be
25accounted for within the general fund of the state, except
26the academy may establish and maintain an internal training
27clearing fund in accordance with generally accepted accounting
28principles for activities of the academy which are primarily
29from billings to governmental entities for services rendered by
30the academy. The proceeds of the internal training clearing
31fund shall be used by the academy and expended through the
32appropriated account of the academy for the operations of the
33academy.
34The bill makes additional appropriations to the department
35of public safety and the department of corrections for
-40-1department-wide duties.
2The bill provides that an unsecured appearance bond for
3state or local traffic violations, and for scheduled violations
4under Code sections 805.8A, 805.8B, and 805.8C shall equal one
5and one-half times the minimum fine and applicable surcharge,
6plus court costs. Current law provides that the unsecured
7appearance bond shall equal one and one-half times the minimum
8fine plus court costs. An unsecured appearance bond is an
9agreement by the defendant that if the defendant fails to
10appear in person or by counsel to defend against the charge,
11the court is authorized to enter a conviction and render
12judgment against the defendant for the amount of the appearance
13bond in satisfaction of the penalty plus court costs.
14The bill extends the fiscal period for increasing the
15appropriations from the consumer education and litigation fund
16in Code section 714.16C to June 30, 2019. Under current law,
17the increased appropriations from the consumer education and
18litigation fund expire on June 30, 2018.
19The bill repeals a provision requiring that the Rockwell
20City correctional institution be utilized as a medium security
21correctional facility for men.
22The bill repeals a provision requiring that the Mount
23Pleasant correctional facility be utilized as a medium security
24facility for men primarily for treatment of inmates who exhibit
25treatable personality disorders, with or without accompanying
26history of drug or alcohol abuse.
27The bill repeals a provision requiring that the Clarinda
28correctional facility be utilized as a secure men’s
29correctional facility primarily for offenders with chemical
30dependence, an intellectual disability, or mental illness.
31The bill repeals a provision specifying that the Newton
32correctional facility may include a minimum security facility
33and a violator facility.
34FY 2018-2019 APPROPRIATIONS. The bill makes appropriations
35from the general fund of the state for fiscal year 2018-2019 to
-41-1the departments of justice, corrections, public defense, public
2safety, and homeland security and emergency management, and
3the Iowa law enforcement academy, office of the state public
4defender, board of parole, Iowa state civil rights commission,
5and the criminal and juvenile justice planning division of the
6department of human rights.
7The bill appropriates moneys from the department of commerce
8revolving fund to the office of consumer advocate of the
9department of justice for fiscal year 2018-2019.
10The bill also appropriates moneys from the gaming
11enforcement revolving fund to the department of public safety
12for fiscal year 2018-2019.
13The bill appropriates moneys from the wireless E911
14emergency communications fund to the department of homeland
15security and emergency management for fiscal year 2018-2019.
16The bill repeals a provision specifying that the Newton
17correctional facility may include a minimum security facility
18and a violator facility.
19The bill makes additional appropriations to the department
20of public safety and the department of corrections for
21department-wide duties.
-42-jm/rn