House File 2558 - Introduced
HOUSE FILE
BY COMMITTEE ON APPROPRIATIONS
(SUCCESSOR TO HSB 730)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to and making appropriations to the justice
2 system and providing an effective date.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 5194HV 81
5 jm/cf/24
PAG LIN
1 1 Section 1. DEPARTMENT OF JUSTICE.
1 2 1. There is appropriated from the general fund of the
1 3 state to the department of justice for the fiscal year
1 4 beginning July 1, 2006, and ending June 30, 2007, the
1 5 following amounts, or so much thereof as is necessary, to be
1 6 used for the purposes designated:
1 7 a. For the general office of attorney general for
1 8 salaries, support, maintenance, miscellaneous purposes
1 9 including the prosecuting attorneys training program, victim
1 10 assistance grants, office of drug control policy (ODCP)
1 11 prosecuting attorney program, odometer fraud enforcement, and
1 12 for not more than the following full=time equivalent
1 13 positions:
1 14 .................................................. $ 8,409,413
1 15 ............................................... FTEs 217.50
1 16 It is the intent of the general assembly that as a
1 17 condition of receiving the appropriation provided in this
1 18 lettered paragraph, the department of justice shall maintain a
1 19 record of the estimated time incurred representing each agency
1 20 or department.
1 21 b. For victim assistance grants:
1 22 .................................................. $ 5,000
1 23 The funds appropriated in this lettered paragraph shall be
1 24 used to provide grants to care providers providing services to
1 25 crime victims of domestic abuse or to crime victims of rape
1 26 and sexual assault.
1 27 c. For legal services for persons in poverty grants as
1 28 provided in section 13.34:
1 29 .................................................. $ 900,000
1 30 2. In addition to the funds appropriated in subsection 1,
1 31 there is appropriated from the general fund of the state to
1 32 the department of justice for the fiscal year beginning July
1 33 1, 2006, and ending June 30, 2007, an amount not exceeding
1 34 $200,000 to be used for the enforcement of the Iowa
1 35 competition law. The funds appropriated in this subsection
2 1 are contingent upon receipt by the general fund of the state
2 2 of an amount at least equal to the expenditure amount from
2 3 either damages awarded to the state or a political subdivision
2 4 of the state by a civil judgment under chapter 553, if the
2 5 judgment authorizes the use of the award for enforcement
2 6 purposes or costs or attorneys fees awarded the state in state
2 7 or federal antitrust actions. However, if the amounts
2 8 received as a result of these judgments are in excess of
2 9 $200,000, the excess amounts shall not be appropriated to the
2 10 department of justice pursuant to this subsection. The
2 11 department of justice shall report the department's actual
2 12 costs and an estimate of the time incurred enforcing the
2 13 competition law, to the co=chairpersons and ranking members of
2 14 the joint appropriations subcommittee on the justice system,
2 15 and to the legislative services agency by November 15, 2006.
2 16 3. In addition to the funds appropriated in subsection 1,
2 17 there is appropriated from the general fund of the state to
2 18 the department of justice for the fiscal year beginning July
2 19 1, 2006, and ending June 30, 2007, an amount not exceeding
2 20 $1,125,000 to be used for public education relating to
2 21 consumer fraud and for enforcement of section 714.16, and an
2 22 amount not exceeding $75,000 for investigation, prosecution,
2 23 and consumer education relating to consumer and criminal fraud
2 24 against older Iowans. The funds appropriated in this
2 25 subsection are contingent upon receipt by the general fund of
2 26 the state of an amount at least equal to the expenditure
2 27 amount from damages awarded to the state or a political
2 28 subdivision of the state by a civil consumer fraud judgment or
2 29 settlement, if the judgment or settlement authorizes the use
2 30 of the award for public education on consumer fraud. However,
2 31 if the funds received as a result of these judgments and
2 32 settlements are in excess of $1,200,000, the excess funds
2 33 shall not be appropriated to the department of justice
2 34 pursuant to this subsection. The department of justice shall
2 35 report to the co=chairpersons and ranking members of the joint
3 1 appropriations subcommittee on the justice system, and to the
3 2 legislative services agency by November 15, 2006, the
3 3 department's actual costs and an estimate of the time incurred
3 4 in providing education pursuant to and enforcing this
3 5 subsection.
3 6 4. The balance of the victim compensation fund established
3 7 in section 915.94 may be used to provide salary and support of
3 8 not more than 22 FTEs and to provide maintenance for the
3 9 victim compensation functions of the department of justice.
3 10 5. As a condition of receiving the appropriation in
3 11 subsection 1, the department of justice shall transfer at
3 12 least $2,450,000 from the victim compensation fund established
3 13 in section 915.94 to the victim assistance grant program.
3 14 6. a. The department of justice, in submitting budget
3 15 estimates for the fiscal year commencing July 1, 2007,
3 16 pursuant to section 8.23, shall include a report of funding
3 17 from sources other than amounts appropriated directly from the
3 18 general fund of the state to the department of justice or to
3 19 the office of consumer advocate. These funding sources shall
3 20 include, but are not limited to, reimbursements from other
3 21 state agencies, commissions, boards, or similar entities, and
3 22 reimbursements from special funds or internal accounts within
3 23 the department of justice. The department of justice shall
3 24 report actual reimbursements for the fiscal year commencing
3 25 July 1, 2005, and actual and expected reimbursements for the
3 26 fiscal year commencing July 1, 2006.
3 27 b. The department of justice shall include the report
3 28 required under paragraph "a", as well as information regarding
3 29 any revisions occurring as a result of reimbursements actually
3 30 received or expected at a later date, in a report to the co=
3 31 chairpersons and ranking members of the joint appropriations
3 32 subcommittee on the justice system and the legislative
3 33 services agency. The department of justice shall submit the
3 34 report on or before January 15, 2007.
3 35 Sec. 2. DEPARTMENT OF JUSTICE == ENVIRONMENTAL CRIMES
4 1 INVESTIGATION AND PROSECUTION == FUNDING. There is
4 2 appropriated from the environmental crime fund of the
4 3 department of justice, consisting of court=ordered fines and
4 4 penalties awarded to the department arising out of the
4 5 prosecution of environmental crimes, to the department of
4 6 justice for the fiscal year beginning July 1, 2006, and ending
4 7 June 30, 2007, an amount not exceeding $20,000 to be used by
4 8 the department, at the discretion of the attorney general, for
4 9 the investigation and prosecution of environmental crimes,
4 10 including the reimbursement of expenses incurred by county,
4 11 municipal, and other local governmental agencies cooperating
4 12 with the department in the investigation and prosecution of
4 13 environmental crimes.
4 14 The funds appropriated in this section are contingent upon
4 15 receipt by the environmental crime fund of the department of
4 16 justice of an amount at least equal to the appropriations made
4 17 in this section and received from contributions, court=ordered
4 18 restitution as part of judgments in criminal cases, and
4 19 consent decrees entered into as part of civil or regulatory
4 20 enforcement actions. However, if the funds received during
4 21 the fiscal year are in excess of $20,000, the excess funds
4 22 shall be deposited in the general fund of the state.
4 23 Notwithstanding section 8.33, moneys appropriated in this
4 24 section that remain unencumbered or unobligated at the close
4 25 of the fiscal year shall not revert but shall remain available
4 26 for expenditure for the purpose designated until the close of
4 27 the succeeding fiscal year.
4 28 Sec. 3. OFFICE OF CONSUMER ADVOCATE. There is
4 29 appropriated from the general fund of the state to the office
4 30 of consumer advocate of the department of justice for the
4 31 fiscal year beginning July 1, 2006, and ending June 30, 2007,
4 32 the following amount, or so much thereof as is necessary, to
4 33 be used for the purposes designated:
4 34 For salaries, support, maintenance, miscellaneous purposes,
4 35 and for not more than the following full=time equivalent
5 1 positions:
5 2 .................................................. $ 2,887,017
5 3 ............................................... FTEs 27.00
5 4 Sec. 4. DEPARTMENT OF CORRECTIONS == FACILITIES.
5 5 1. There is appropriated from the general fund of the
5 6 state to the department of corrections for the fiscal year
5 7 beginning July 1, 2006, and ending June 30, 2007, the
5 8 following amounts, or so much thereof as is necessary, to be
5 9 used for the purposes designated:
5 10 For the operation of adult correctional institutions,
5 11 reimbursement of counties for certain confinement costs, and
5 12 federal prison reimbursement, to be allocated as follows:
5 13 a. For the operation of the Fort Madison correctional
5 14 facility, including salaries, support, maintenance, and
5 15 miscellaneous purposes:
5 16 .................................................. $ 42,423,619
5 17 b. For the operation of the Anamosa correctional facility,
5 18 including salaries, support, maintenance, and miscellaneous
5 19 purposes:
5 20 .................................................. $ 28,903,747
5 21 Moneys are provided within this appropriation for one full=
5 22 time substance abuse counselor for the Luster Heights
5 23 facility, for the purpose of certification of a substance
5 24 abuse program at that facility.
5 25 c. For the operation of the Oakdale correctional facility,
5 26 including salaries, support, maintenance, and miscellaneous
5 27 purposes:
5 28 .................................................. $ 28,758,965
5 29 d. For the operation of the Newton correctional facility,
5 30 including salaries, support, maintenance, and miscellaneous
5 31 purposes:
5 32 .................................................. $ 26,100,342
5 33 e. For the operation of the Mt. Pleasant correctional
5 34 facility, including salaries, support, maintenance, and
5 35 miscellaneous purposes:
6 1 .................................................. $ 24,929,418
6 2 f. For the operation of the Rockwell City correctional
6 3 facility, including salaries, support, maintenance, and
6 4 miscellaneous purposes:
6 5 .................................................. $ 8,554,855
6 6 g. For the operation of the Clarinda correctional
6 7 facility, including salaries, support, maintenance, and
6 8 miscellaneous purposes:
6 9 .................................................. $ 24,251,587
6 10 Moneys received by the department of corrections as
6 11 reimbursement for services provided to the Clarinda youth
6 12 corporation are appropriated to the department and shall be
6 13 used for the purpose of operating the Clarinda correctional
6 14 facility.
6 15 h. For the operation of the Mitchellville correctional
6 16 facility, including salaries, support, maintenance, and
6 17 miscellaneous purposes:
6 18 .................................................. $ 14,925,151
6 19 i. For the operation of the Fort Dodge correctional
6 20 facility, including salaries, support, maintenance, and
6 21 miscellaneous purposes:
6 22 .................................................. $ 27,758,806
6 23 j. For reimbursement of counties for temporary confinement
6 24 of work release and parole violators, as provided in sections
6 25 901.7, 904.908, and 906.17 and for offenders confined pursuant
6 26 to section 904.513:
6 27 .................................................. $ 799,954
6 28 k. For federal prison reimbursement, reimbursements for
6 29 out=of=state placements, and miscellaneous contracts:
6 30 .................................................. $ 241,293
6 31 2. The department of corrections shall use funds
6 32 appropriated in subsection 1 to continue to contract for the
6 33 services of a Muslim imam.
6 34 Sec. 5. DEPARTMENT OF CORRECTIONS == ADMINISTRATION.
6 35 1. There is appropriated from the general fund of the
7 1 state to the department of corrections for the fiscal year
7 2 beginning July 1, 2006, and ending June 30, 2007, the
7 3 following amounts, or so much thereof as is necessary, to be
7 4 used for the purposes designated:
7 5 a. For general administration, including salaries,
7 6 support, maintenance, employment of an education director to
7 7 administer a centralized education program for the
7 8 correctional system, and miscellaneous purposes:
7 9 .................................................. $ 3,872,634
7 10 (1) It is the intent of the general assembly that as a
7 11 condition of receiving the appropriation provided in this
7 12 lettered paragraph, the department of corrections shall not,
7 13 except as otherwise provided in subparagraph (3), enter into a
7 14 new contract, unless the contract is a renewal of an existing
7 15 contract, for the expenditure of moneys in excess of $100,000
7 16 during the fiscal year beginning July 1, 2006, for the
7 17 privatization of services performed by the department using
7 18 state employees as of July 1, 2006, or for the privatization
7 19 of new services by the department, without prior consultation
7 20 with any applicable state employee organization affected by
7 21 the proposed new contract and prior notification of the co=
7 22 chairpersons and ranking members of the joint appropriations
7 23 subcommittee on the justice system.
7 24 (2) It is the intent of the general assembly that each
7 25 lease negotiated by the department of corrections with a
7 26 private corporation for the purpose of providing private
7 27 industry employment of inmates in a correctional institution
7 28 shall prohibit the private corporation from utilizing inmate
7 29 labor for partisan political purposes for any person seeking
7 30 election to public office in this state and that a violation
7 31 of this requirement shall result in a termination of the lease
7 32 agreement.
7 33 (3) It is the intent of the general assembly that as a
7 34 condition of receiving the appropriation provided in this
7 35 lettered paragraph, the department of corrections shall not
8 1 enter into a lease or contractual agreement pursuant to
8 2 section 904.809 with a private corporation for the use of
8 3 building space for the purpose of providing inmate employment
8 4 without providing that the terms of the lease or contract
8 5 establish safeguards to restrict, to the greatest extent
8 6 feasible, access by inmates working for the private
8 7 corporation to personal identifying information of citizens.
8 8 b. For educational programs for inmates at state penal
8 9 institutions:
8 10 .................................................. $ 1,070,358
8 11 It is the intent of the general assembly that moneys
8 12 appropriated in this lettered paragraph shall be used solely
8 13 for the purpose indicated and that the moneys shall not be
8 14 transferred for any other purpose. In addition, it is the
8 15 intent of the general assembly that the department shall
8 16 consult with the community colleges in the areas in which the
8 17 institutions are located to utilize moneys appropriated in
8 18 this lettered paragraph to fund the high school completion,
8 19 high school equivalency diploma, adult literacy, and adult
8 20 basic education programs in a manner so as to maintain these
8 21 programs at the institutions.
8 22 To maximize the funding for educational programs, the
8 23 department shall establish guidelines and procedures to
8 24 prioritize the availability of educational and vocational
8 25 training for inmates based upon the goal of facilitating an
8 26 inmate's successful release from the correctional institution.
8 27 The director of the department of corrections may transfer
8 28 moneys from Iowa prison industries for use in educational
8 29 programs for inmates.
8 30 Notwithstanding section 8.33, moneys appropriated in this
8 31 lettered paragraph that remain unobligated or unexpended at
8 32 the close of the fiscal year shall not revert but shall remain
8 33 available for expenditure only for the purpose designated in
8 34 this lettered paragraph until the close of the succeeding
8 35 fiscal year.
9 1 c. For the development of the Iowa corrections offender
9 2 network (ICON) data system:
9 3 .................................................. $ 427,700
9 4 d. For offender mental health and substance abuse
9 5 treatment:
9 6 .................................................. $ 25,000
9 7 e. For viral hepatitis prevention and treatment:
9 8 .................................................. $ 188,000
9 9 2. It is the intent of the general assembly that the
9 10 department of corrections shall continue to operate the
9 11 correctional farms under the control of the department at the
9 12 same or greater level of participation and involvement as
9 13 existed as of January 1, 2006, shall not enter into any rental
9 14 agreement or contract concerning any farmland under the
9 15 control of the department that is not subject to a rental
9 16 agreement or contract as of January 1, 2006, without prior
9 17 legislative approval, and shall further attempt to provide job
9 18 opportunities at the farms for inmates. The department shall
9 19 attempt to provide job opportunities at the farms for inmates
9 20 by encouraging labor=intensive farming or gardening where
9 21 appropriate, using inmates to grow produce and meat for
9 22 institutional consumption, researching the possibility of
9 23 instituting food canning and cook=and=chill operations, and
9 24 exploring opportunities for organic farming and gardening,
9 25 livestock ventures, horticulture, and specialized crops.
9 26 3. The department shall work to increase produce gardening
9 27 by inmates under the control of the correctional institutions,
9 28 and, if appropriate, may use the central distribution network
9 29 at the Woodward state resource center. The department shall
9 30 file a report with the co=chairpersons and ranking members of
9 31 the joint appropriations subcommittee on the justice system by
9 32 December 1, 2006, regarding the feasibility of expanding the
9 33 number of acres devoted to organic gardening and to the
9 34 growing of organic produce for sale.
9 35 4. The department of corrections shall submit a report to
10 1 the general assembly by January 1, 2007, concerning moneys
10 2 recouped from inmate earnings for the reimbursement of
10 3 operational expenses of the applicable facility during the
10 4 fiscal year beginning July 1, 2005, for each correctional
10 5 institution and judicial district department of correctional
10 6 services. In addition, each correctional institution and
10 7 judicial district department of correctional services shall
10 8 continue to submit a report to the legislative services agency
10 9 on a monthly basis concerning moneys recouped from inmate
10 10 earnings pursuant to sections 904.702, 904.809, and 905.14.
10 11 5. It is the intent of the general assembly that as a
10 12 condition of receiving the appropriation provided in
10 13 subsection 1, the department shall not enter into any
10 14 agreement with a private sector nongovernmental entity for the
10 15 purpose of housing inmates committed to the custody of the
10 16 director of the department, without express authorization of
10 17 the general assembly to do so.
10 18 Sec. 6. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL
10 19 SERVICES.
10 20 1. There is appropriated from the general fund of the
10 21 state to the department of corrections for the fiscal year
10 22 beginning July 1, 2006, and ending June 30, 2007, the
10 23 following amounts, or so much thereof as is necessary, to be
10 24 allocated as follows:
10 25 a. For the first judicial district department of
10 26 correctional services, including the treatment and supervision
10 27 of probation and parole violators who have been released from
10 28 the department of corrections violator program, the following
10 29 amount, or so much thereof as is necessary:
10 30 .................................................. $ 11,187,038
10 31 b. For the second judicial district department of
10 32 correctional services, including the treatment and supervision
10 33 of probation and parole violators who have been released from
10 34 the department of corrections violator program, the following
10 35 amount, or so much thereof as is necessary:
11 1 .................................................. $ 8,866,289
11 2 c. For the third judicial district department of
11 3 correctional services, including the treatment and supervision
11 4 of probation and parole violators who have been released from
11 5 the department of corrections violator program, the following
11 6 amount, or so much thereof as is necessary:
11 7 .................................................. $ 5,230,178
11 8 d. For the fourth judicial district department of
11 9 correctional services, including the treatment and supervision
11 10 of probation and parole violators who have been released from
11 11 the department of corrections violator program, the following
11 12 amount, or so much thereof as is necessary:
11 13 .................................................. $ 4,754,670
11 14 e. For the fifth judicial district department of
11 15 correctional services, including the treatment and supervision
11 16 of probation and parole violators who have been released from
11 17 the department of corrections violator program, and funding
11 18 for electronic monitoring devices for use on a statewide
11 19 basis, the following amount, or so much thereof as is
11 20 necessary:
11 21 .................................................. $ 16,290,113
11 22 f. For the sixth judicial district department of
11 23 correctional services, including the treatment and supervision
11 24 of probation and parole violators who have been released from
11 25 the department of corrections violator program, the following
11 26 amount, or so much thereof as is necessary:
11 27 .................................................. $ 11,098,945
11 28 g. For the seventh judicial district department of
11 29 correctional services, including the treatment and supervision
11 30 of probation and parole violators who have been released from
11 31 the department of corrections violator program, the following
11 32 amount, or so much thereof as is necessary:
11 33 .................................................. $ 6,292,137
11 34 h. For the eighth judicial district department of
11 35 correctional services, including the treatment and supervision
12 1 of probation and parole violators who have been released from
12 2 the department of corrections violator program, the following
12 3 amount, or so much thereof as is necessary:
12 4 .................................................. $ 6,346,303
12 5 i. For a transitional housing pilot project for offenders
12 6 on parole who are in the early stages of recovery from
12 7 substance abuse:
12 8 .................................................. $ 20,000
12 9 2. Each judicial district department of correctional
12 10 services, within the funding available, shall continue
12 11 programs and plans established within that district to provide
12 12 for intensive supervision, sex offender treatment, diversion
12 13 of low=risk offenders to the least restrictive sanction
12 14 available, job development, and expanded use of intermediate
12 15 criminal sanctions.
12 16 3. Each judicial district department of correctional
12 17 services shall provide alternatives to prison consistent with
12 18 chapter 901B. The alternatives to prison shall ensure public
12 19 safety while providing maximum rehabilitation to the offender.
12 20 A judicial district department may also establish a day
12 21 program.
12 22 4. The governor's office of drug control policy shall
12 23 consider federal grants made to the department of corrections
12 24 for the benefit of each of the eight judicial district
12 25 departments of correctional services as local government
12 26 grants, as defined pursuant to federal regulations.
12 27 5. The department of corrections shall continue to
12 28 contract with a judicial district department of correctional
12 29 services to provide for the rental of electronic monitoring
12 30 equipment which shall be available statewide.
12 31 Sec. 7. DEPARTMENT OF CORRECTIONS == REALLOCATION OF
12 32 APPROPRIATIONS. Notwithstanding section 8.39, within the
12 33 funds appropriated in this Act to the department of
12 34 corrections, the department may reallocate the funds
12 35 appropriated and allocated as necessary to best fulfill the
13 1 needs of the correctional institutions, administration of the
13 2 department, and the judicial district departments of
13 3 correctional services. However, in addition to the
13 4 requirements of sections 904.116 and 905.8 and providing
13 5 notice to the legislative services agency, the department of
13 6 corrections shall also provide notice to the department of
13 7 management, prior to the effective date of the revision or
13 8 reallocation or an appropriation made pursuant to this
13 9 section. The department shall not reallocate an appropriation
13 10 or allocation for the purpose of eliminating any program.
13 11 Sec. 8. INTENT == REPORTS.
13 12 1. The department of corrections shall submit a report on
13 13 inmate labor to the general assembly, to the co=chairpersons
13 14 and the ranking members of the joint appropriations
13 15 subcommittee on the justice system, and to the legislative
13 16 services agency by January 15, 2007. The report shall
13 17 specifically address the progress the department has made in
13 18 implementing the requirements of section 904.701, inmate labor
13 19 on capital improvement projects, community work crews, inmate
13 20 produce gardening, and private=sector employment.
13 21 2. The department in cooperation with townships, the Iowa
13 22 cemetery associations, and other nonprofit or governmental
13 23 entities may use inmate labor to restore or preserve rural
13 24 cemeteries and historical landmarks. The department in
13 25 cooperation with the counties may also use inmate labor to
13 26 clean up roads, major water sources, and other water sources
13 27 around the state.
13 28 3. Each month the department shall provide a status report
13 29 regarding private=sector employment to the legislative
13 30 services agency beginning on July 1, 2006. The report shall
13 31 include the number of offenders employed in the private
13 32 sector, the combined number of hours worked by the offenders,
13 33 and the total amount of allowances, and the distribution of
13 34 allowances pursuant to section 904.702, including any moneys
13 35 deposited in the general fund of the state.
14 1 Sec. 9. ELECTRONIC MONITORING REPORT. The department of
14 2 corrections shall submit a report on electronic monitoring to
14 3 the general assembly, to the co=chairpersons and the ranking
14 4 members of the joint appropriations subcommittee on the
14 5 justice system, and to the legislative services agency by
14 6 January 15, 2007. The report shall specifically address the
14 7 number of persons being electronically monitored and break
14 8 down the number of persons being electronically monitored by
14 9 offense committed. The report shall also include a comparison
14 10 of any data from the prior fiscal year with the current year.
14 11 Sec. 10. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES.
14 12 1. As used in this section, unless the context otherwise
14 13 requires, "state agency" means the government of the state of
14 14 Iowa, including but not limited to all executive branch
14 15 departments, agencies, boards, bureaus, and commissions, the
14 16 judicial branch, the general assembly and all legislative
14 17 agencies, institutions within the purview of the state board
14 18 of regents, and any corporation whose primary function is to
14 19 act as an instrumentality of the state.
14 20 2. State agencies are hereby encouraged to purchase
14 21 products from Iowa state industries, as defined in section
14 22 904.802, when purchases are required and the products are
14 23 available from Iowa state industries. State agencies shall
14 24 obtain bids from Iowa state industries for purchases of office
14 25 furniture exceeding $5,000 or in accordance with applicable
14 26 administrative rules related to purchases for the agency.
14 27 Sec. 11. CORRECTIONAL FACILITY FOR THE SUBSTANCE ABUSE
14 28 TREATMENT OF INMATES. The department of corrections shall
14 29 develop a proposal that designates an existing correctional
14 30 facility as a facility that is dedicated to providing
14 31 substance abuse treatment to offenders committed to the
14 32 custody of the department. The proposal shall contain a
14 33 reallocation of existing resources to convert an existing
14 34 correctional facility to a substance abuse treatment facility,
14 35 and outline the time period for the conversion of such a
15 1 facility to a substance abuse facility. The department shall
15 2 file the proposal with the legislative services agency no
15 3 later than January 15, 2007.
15 4 Sec. 12. STATE PUBLIC DEFENDER. There is appropriated
15 5 from the general fund of the state to the office of the state
15 6 public defender of the department of inspections and appeals
15 7 for the fiscal year beginning July 1, 2006, and ending June
15 8 30, 2007, the following amounts, or so much thereof as is
15 9 necessary, to be allocated as follows for the purposes
15 10 designated:
15 11 1. For salaries, support, maintenance, and miscellaneous
15 12 purposes, and for not more than the following full=time
15 13 equivalent positions:
15 14 .................................................. $ 19,792,963
15 15 ............................................... FTEs 202.00
15 16 2. For the fees of court=appointed attorneys for indigent
15 17 adults and juveniles, in accordance with section 232.141 and
15 18 chapter 815:
15 19 .................................................. $ 25,163,082
15 20 Sec. 13. IOWA LAW ENFORCEMENT ACADEMY.
15 21 1. There is appropriated from the general fund of the
15 22 state to the Iowa law enforcement academy for the fiscal year
15 23 beginning July 1, 2006, and ending June 30, 2007, the
15 24 following amount, or so much thereof as is necessary, to be
15 25 used for the purposes designated:
15 26 For salaries, support, maintenance, miscellaneous purposes,
15 27 including jailer training and technical assistance, and for
15 28 not more than the following full=time equivalent positions:
15 29 .................................................. $ 1,172,389
15 30 ............................................... FTEs 30.05
15 31 It is the intent of the general assembly that the Iowa law
15 32 enforcement academy may provide training of state and local
15 33 law enforcement personnel concerning the recognition of and
15 34 response to persons with Alzheimer's disease.
15 35 The Iowa law enforcement academy may temporarily exceed and
16 1 draw more than the amount appropriated and incur a negative
16 2 cash balance as long as there are receivables equal to or
16 3 greater than the negative balance and the amount appropriated
16 4 in this subsection is not exceeded at the close of the fiscal
16 5 year.
16 6 2. The Iowa law enforcement academy may select at least
16 7 five automobiles of the department of public safety, division
16 8 of state patrol, prior to turning over the automobiles to the
16 9 department of administrative services to be disposed of by
16 10 public auction and the Iowa law enforcement academy may
16 11 exchange any automobile owned by the academy for each
16 12 automobile selected if the selected automobile is used in
16 13 training law enforcement officers at the academy. However,
16 14 any automobile exchanged by the academy shall be substituted
16 15 for the selected vehicle of the department of public safety
16 16 and sold by public auction with the receipts being deposited
16 17 in the depreciation fund to the credit of the department of
16 18 public safety, division of state patrol.
16 19 Sec. 14. BOARD OF PAROLE. There is appropriated from the
16 20 general fund of the state to the board of parole for the
16 21 fiscal year beginning July 1, 2006, and ending June 30, 2007,
16 22 the following amount, or so much thereof as is necessary, to
16 23 be used for the purposes designated:
16 24 For salaries, support, maintenance, miscellaneous purposes,
16 25 and for not more than the following full=time equivalent
16 26 positions:
16 27 .................................................. $ 1,156,960
16 28 ............................................... FTEs 17.50
16 29 Sec. 15. DEPARTMENT OF PUBLIC DEFENSE. There is
16 30 appropriated from the general fund of the state to the
16 31 department of public defense for the fiscal year beginning
16 32 July 1, 2006, and ending June 30, 2007, the following amounts,
16 33 or so much thereof as is necessary, to be used for the
16 34 purposes designated:
16 35 1. MILITARY DIVISION
17 1 For salaries, support, maintenance, miscellaneous purposes,
17 2 and for not more than the following full=time equivalent
17 3 positions:
17 4 .................................................. $ 5,724,545
17 5 ............................................... FTEs 316.55
17 6 The military division may temporarily exceed and draw more
17 7 than the amount appropriated and incur a negative cash balance
17 8 as long as there are receivables of federal funds equal to or
17 9 greater than the negative balance and the amount appropriated
17 10 in this subsection is not exceeded at the close of the fiscal
17 11 year.
17 12 2. HOMELAND SECURITY AND EMERGENCY MANAGEMENT DIVISION
17 13 a. For salaries, support, maintenance, miscellaneous
17 14 purposes, and for not more than the following full=time
17 15 equivalent positions:
17 16 .................................................. $ 1,254,029
17 17 ............................................... FTEs 24.75
17 18 b. For the Iowa civil air patrol:
17 19 .................................................. $ 100,000
17 20 Sec. 16. DEPARTMENT OF PUBLIC SAFETY. There is
17 21 appropriated from the general fund of the state to the
17 22 department of public safety for the fiscal year beginning July
17 23 1, 2006, and ending June 30, 2007, the following amounts, or
17 24 so much thereof as is necessary, to be used for the purposes
17 25 designated:
17 26 1. For the department's administrative functions,
17 27 including the criminal justice information system, and for not
17 28 more than the following full=time equivalent positions:
17 29 .................................................. $ 3,656,020
17 30 ............................................... FTEs 38.00
17 31 2. For the division of criminal investigation, including
17 32 the state's contribution to the peace officers' retirement,
17 33 accident, and disability system provided in chapter 97A in the
17 34 amount of 17 percent of the salaries for which the funds are
17 35 appropriated, to meet federal fund matching requirements, and
18 1 for not more than the following full=time equivalent
18 2 positions:
18 3 .................................................. $ 18,673,875
18 4 ............................................... FTEs 270.50
18 5 The department of public safety, with the approval of the
18 6 department of management, may employ no more than two special
18 7 agents and four gaming enforcement officers for each
18 8 additional riverboat regulated after July 1, 2006, and one
18 9 special agent for each racing facility which becomes
18 10 operational during the fiscal year which begins July 1, 2006.
18 11 One additional gaming enforcement officer, up to a total of
18 12 four per riverboat, may be employed for each riverboat that
18 13 has extended operations to 24 hours and has not previously
18 14 operated with a 24=hour schedule. Positions authorized in
18 15 this paragraph are in addition to the full=time equivalent
18 16 positions otherwise authorized in this subsection.
18 17 3. For the criminalistics laboratory fund created in
18 18 section 602.8108:
18 19 .................................................. $ 342,000
18 20 4. a. For the division of narcotics enforcement,
18 21 including the state's contribution to the peace officers'
18 22 retirement, accident, and disability system provided in
18 23 chapter 97A in the amount of 17 percent of the salaries for
18 24 which the funds are appropriated, to meet federal fund
18 25 matching requirements, and for not more than the following
18 26 full=time equivalent positions:
18 27 .................................................. $ 5,349,198
18 28 ............................................... FTEs 74.00
18 29 b. For the division of narcotics enforcement for
18 30 undercover purchases:
18 31 .................................................. $ 123,343
18 32 5. a. For the division of state fire marshal, including
18 33 the state's contribution to the peace officers' retirement,
18 34 accident, and disability system provided in chapter 97A in the
18 35 amount of 17 percent of the salaries for which the funds are
19 1 appropriated, and for not more than the following full=time
19 2 equivalent positions:
19 3 .................................................. $ 2,513,247
19 4 ............................................... FTEs 41.00
19 5 b. For the division of state fire marshal, for fire
19 6 protection services as provided through the state fire service
19 7 and emergency response council as created in the department,
19 8 and for not more than the following full=time equivalent
19 9 positions:
19 10 .................................................. $ 675,820
19 11 ............................................... FTEs 10.00
19 12 6. For the division of state patrol, for salaries,
19 13 support, maintenance, workers' compensation costs, and
19 14 miscellaneous purposes, including the state's contribution to
19 15 the peace officers' retirement, accident, and disability
19 16 system provided in chapter 97A in the amount of 17 percent of
19 17 the salaries for which the funds are appropriated, and for not
19 18 more than the following full=time equivalent positions:
19 19 .................................................. $ 45,185,618
19 20 ............................................... FTEs 531.00
19 21 It is the intent of the general assembly that members of
19 22 the state patrol be assigned to patrol the highways and roads
19 23 in lieu of assignments for inspecting school buses for the
19 24 school districts.
19 25 7. For deposit in the sick leave benefits fund established
19 26 under section 80.42, for all departmental employees eligible
19 27 to receive benefits for accrued sick leave under the
19 28 collective bargaining agreement:
19 29 .................................................. $ 316,179
19 30 An employee of the department of public safety who retires
19 31 after July 1, 2006, but prior to June 30, 2007, is eligible
19 32 for payment of life or health insurance premiums as provided
19 33 for in the collective bargaining agreement covering the public
19 34 safety bargaining unit at the time of retirement if that
19 35 employee previously served in a position which would have been
20 1 covered by the agreement. The employee shall be given credit
20 2 for the service in that prior position as though it were
20 3 covered by that agreement. The provisions of this subsection
20 4 shall not operate to reduce any retirement benefits an
20 5 employee may have earned under other collective bargaining
20 6 agreements or retirement programs.
20 7 8. For costs associated with the training and equipment
20 8 needs of volunteer fire fighters:
20 9 .................................................. $ 699,587
20 10 Notwithstanding section 8.33, moneys appropriated in this
20 11 subsection that remain unobligated or unexpended at the close
20 12 of the fiscal year shall not revert but shall remain available
20 13 for expenditure only for the purpose designated in this
20 14 subsection until the close of the succeeding fiscal year.
20 15 9. For capitol building and judicial building security:
20 16 .................................................. $ 775,000
20 17 Notwithstanding section 8.39, within the funds appropriated
20 18 in this section the department of public safety may reallocate
20 19 funds as necessary to best fulfill the needs provided for in
20 20 the appropriation. However, the department shall not
20 21 reallocate an appropriation made to the department in this
20 22 section unless notice of the reallocation is given to the
20 23 legislative services agency and the department of management
20 24 prior to the effective date of the reallocation. The notice
20 25 shall include information about the rationale for reallocating
20 26 the appropriation. The department shall not reallocate an
20 27 appropriation made in this section for the purpose of
20 28 eliminating any program.
20 29 Sec. 17. CIVIL RIGHTS COMMISSION. There is appropriated
20 30 from the general fund of the state to the Iowa state civil
20 31 rights commission for the fiscal year beginning July 1, 2006,
20 32 and ending June 30, 2007, the following amount, or so much
20 33 thereof as is necessary, to be used for the purposes
20 34 designated:
20 35 For salaries, support, maintenance, miscellaneous purposes,
21 1 and for not more than the following full=time equivalent
21 2 positions:
21 3 .................................................. $ 985,753
21 4 ............................................... FTEs 25.90
21 5 The Iowa state civil rights commission may enter into a
21 6 contract with a nonprofit organization to provide legal
21 7 assistance to resolve civil rights complaints.
21 8 Sec. 18. HOMELAND SECURITY AND EMERGENCY MANAGEMENT
21 9 DIVISION. There is appropriated from the wireless E911
21 10 emergency communications fund created in section 34A.7A to the
21 11 administrator of the homeland security and emergency
21 12 management division of the department of public defense for
21 13 the fiscal year beginning July 1, 2006, and ending June 30,
21 14 2007, an amount not exceeding $200,000 to be used for
21 15 implementation, support, and maintenance of the functions of
21 16 the administrator and program manager under chapter 34A and to
21 17 employ the auditor of the state to perform an annual audit of
21 18 the wireless E911 emergency communications fund.
21 19 Sec. 19. IOWA LAW ENFORCEMENT ACADEMY == FEES.
21 20 Notwithstanding section 80B.11B, the Iowa law enforcement
21 21 academy may charge more than one=half the cost of providing
21 22 the basic training course if a majority of the Iowa law
21 23 enforcement academy council authorizes charging more than one=
21 24 half of the cost of providing basic training. This section is
21 25 repealed on June 30, 2007.
21 26 Sec. 20. DEPUTY ADJUTANT GENERAL. Notwithstanding section
21 27 29A.16, a deputy adjutant general who is a federally
21 28 recognized officer on May 1, 2006, and who subsequently loses
21 29 federal recognition due to age, shall continue to serve as a
21 30 deputy adjutant general until June 30, 2007.
21 31 Sec. 21. TRAVEL POLICY.
21 32 1. For the fiscal year beginning July 1, 2006, each
21 33 department or independent agency receiving an appropriation in
21 34 this Act shall review the employee policy for daily or short=
21 35 term travel including but not limited to the usage of motor
22 1 pool vehicles under the department of administrative services,
22 2 employee mileage reimbursement for the use of a personal
22 3 vehicle, and the usage of private automobile rental companies.
22 4 Following the review, the department or agency shall implement
22 5 revisions in the employee policy for daily or short=term
22 6 travel as necessary to maximize cost savings.
22 7 2. Each department or independent agency subject to
22 8 subsection 1 shall report to the general assembly's standing
22 9 committees on government oversight regarding the policy
22 10 revisions implemented and the savings realized from the
22 11 changes. An initial report shall be submitted on or before
22 12 December 1, 2006, and a follow=up report shall be submitted on
22 13 or before December 1, 2007.
22 14 Sec. 22. Section 904.513, subsection 2, Code 2005, is
22 15 amended to read as follows:
22 16 2. Upon request by the director a county shall provide
22 17 temporary confinement for offenders allegedly violating the
22 18 conditions of assignment to a program under this chapter, if
22 19 space is available in the county. The department shall
22 20 negotiate a reimbursement rate with each county. The amount
22 21 to be reimbursed shall be determined by multiplying the number
22 22 of days a person is confined by the average daily cost of
22 23 confining a person in the county facility as negotiated with
22 24 the department. A county holding offenders in jail due to
22 25 insufficient space in a community residential facility shall
22 26 be reimbursed. Payment shall be made upon submission of a
22 27 voucher executed by the sheriff and approved by the director.
22 28 A voucher seeking payment shall be submitted within fifteen
22 29 days of the end of a calendar quarter. If a voucher seeking
22 30 payment is not made within fifteen days of the end of the
22 31 calendar quarter, the request may be denied by the department.
22 32 Sec. 23. Section 904.908, Code 2005, is amended by adding
22 33 the following new subsection:
22 34 NEW SUBSECTION. 3. Any request for reimbursement under
22 35 subsection 2 shall be made within fifteen days of the end of a
23 1 calendar quarter. If a request for reimbursement is not made
23 2 within fifteen days of the end of the calendar quarter, the
23 3 request may be denied by the department.
23 4 Sec. 24. Section 906.17, Code 2005, is amended by adding
23 5 the following new subsection:
23 6 NEW SUBSECTION. 3. Any request for reimbursement under
23 7 subsection 2 shall be made within fifteen days of the end of a
23 8 calendar quarter. If a request for reimbursement is not made
23 9 within fifteen days of the end of the calendar quarter, the
23 10 request may be denied by the department of corrections.
23 11 Sec. 25. EFFECTIVE DATE. The section of this Act
23 12 addressing section 29A.16, being deemed of immediate
23 13 importance, takes effect upon enactment.
23 14 EXPLANATION
23 15 This bill makes appropriations for fiscal year 2006=2007
23 16 from the general fund of the state to the departments of
23 17 justice, corrections, public defense, and public safety, and
23 18 the Iowa law enforcement academy, office of consumer advocate,
23 19 office of the state public defender, board of parole, and Iowa
23 20 state civil rights commission. The bill also makes related
23 21 statutory changes.
23 22 The bill addresses Code section 80B.11B to provide that for
23 23 FY 2006=2007 the Iowa law enforcement academy may charge a
23 24 department of the state, a member of a police force, or any
23 25 political subdivision of the state more than one=half of the
23 26 cost to provide the basic training course for a law
23 27 enforcement officer, provided a majority of the Iowa law
23 28 enforcement council approves such a charge. Current law
23 29 prohibits the Iowa law enforcement academy from charging more
23 30 than one=half of the cost of providing the basic training
23 31 course.
23 32 The bill provides that the department of corrections may
23 33 reallocate appropriated funds between the institutions of the
23 34 department of corrections, the department's administration,
23 35 and the judicial district departments of correctional
24 1 services. The bill provides the department, prior to the
24 2 effective date of any reallocation, must provide notice of the
24 3 reallocation to the department of management and the
24 4 legislative services agency.
24 5 The bill provides that the department of public safety may
24 6 also reallocate the funds appropriated to the department
24 7 between the divisions of the department. The bill provides
24 8 that the department, prior to the effective date of any
24 9 reallocation, must provide notice of the reallocation to the
24 10 department of management and the legislative services agency.
24 11 The bill provides that the department of corrections shall
24 12 develop a proposal that designates an existing correctional
24 13 facility as a facility that is dedicated to providing
24 14 substance abuse treatment to offenders in the custody of the
24 15 department. The bill provides that any proposal developed
24 16 shall be from existing funds available to the department.
24 17 The bill addresses Code section 29A.16 to provide that any
24 18 deputy adjutant general who is a federally recognized officer
24 19 on May 1, 2006, and who subsequently loses federal recognition
24 20 due to age, shall continue to serve as a deputy adjutant
24 21 general until June 30, 2007. This provision takes effect upon
24 22 enactment.
24 23 The bill includes a directive for the departments and
24 24 independent agencies receiving an appropriation in the bill to
24 25 review employee policy for daily or short=term travel and to
24 26 implement policy revisions to maximize cost savings. The
24 27 directive includes requirements for reporting to the
24 28 committees on government oversight.
24 29 The bill amends Code sections 904.513, 904.908, and 906.117
24 30 to require a county seeking reimbursement for housing persons
24 31 under the control of the department of corrections to submit a
24 32 claim for reimbursement from the department within 15 days of
24 33 the end of the calendar quarter.
24 34 LSB 5194HV 81
24 35 jm:mg/cf/24