Bill Text: IA HF644 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to appropriations to the justice system. (Formerly HSB 201.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2017-04-18 - Withdrawn. H.J. 1074. [HF644 Detail]
Download: Iowa-2017-HF644-Introduced.html
House File 644 - Introduced HOUSE FILE BY COMMITTEE ON APPROPRIATIONS (SUCCESSOR TO HSB 201) A BILL FOR 1 An Act relating to appropriations to the justice system. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1051HV (1) 87 jm/rn PAG LIN 1 1 DIVISION I 1 2 FY 2017=2018 1 3 APPROPRIATIONS 1 4 Section 1. DEPARTMENT OF JUSTICE. 1 5 1. There is appropriated from the general fund of the state 1 6 to the department of justice for the fiscal year beginning July 1 7 1, 2017, and ending June 30, 2018, the following amounts, or 1 8 so much thereof as is necessary, to be used for the purposes 1 9 designated: 1 10 a. For the general office of attorney general for salaries, 1 11 support, maintenance, and miscellaneous purposes, including 1 12 the prosecuting attorneys training program, matching funds 1 13 for federal violence against women grant programs, victim 1 14 assistance grants, office of drug control policy prosecuting 1 15 attorney program, and odometer fraud enforcement, and for not 1 16 more than the following full=time equivalent positions: 1 17 .................................................. $ 6,672,307 1 18 ............................................... FTEs 215.00 1 19 As a condition of receiving the appropriation provided 1 20 in this lettered paragraph, the department of justice shall 1 21 maintain a record of the estimated time incurred representing 1 22 each agency or department. 1 23 b. For victim assistance grants: 1 24 .................................................. $ 5,016,708 1 25 The moneys appropriated in this lettered paragraph shall be 1 26 used to provide grants to care providers providing services to 1 27 crime victims of domestic abuse or to crime victims of rape and 1 28 sexual assault. 1 29 The balance of the victim compensation fund established in 1 30 section 915.94 may be used to provide salary and support of not 1 31 more than 19.00 full=time equivalent positions and to provide 1 32 maintenance for the victim compensation functions of the 1 33 department of justice. In addition to the full=time equivalent 1 34 positions authorized pursuant to this lettered paragraph, the 1 35 department of justice is authorized 5.00 full=time equivalent 2 1 positions to provide maintenance for victim compensation 2 2 functions and such additional full=time equivalent positions 2 3 shall be used by the department of justice to employ one 2 4 accountant and four program planners. The department of 2 5 justice may employ the additional 5.00 full=time equivalent 2 6 positions authorized pursuant to this lettered paragraph only 2 7 if the department of justice receives sufficient federal moneys 2 8 to maintain employment for the additional full=time equivalent 2 9 positions during the current fiscal year. The department 2 10 of justice shall only employ the additional 5.00 full=time 2 11 equivalent positions in succeeding fiscal years if sufficient 2 12 federal moneys are received during each of those succeeding 2 13 fiscal years. 2 14 The department of justice shall transfer at least $150,000 2 15 from the victim compensation fund established in section 915.94 2 16 to the victim assistance grant program. 2 17 Notwithstanding section 8.33, moneys appropriated in this 2 18 paragraph "b" that remain unencumbered or unobligated at the 2 19 close of the fiscal year shall not revert but shall remain 2 20 available for expenditure for the purposes designated until the 2 21 close of the succeeding fiscal year. 2 22 c. For legal services for persons in poverty grants as 2 23 provided in section 13.34: 2 24 .................................................. $ 2,304,601 2 25 2. a. The department of justice, in submitting budget 2 26 estimates for the fiscal year commencing July 1, 2018, pursuant 2 27 to section 8.23, shall include a report of funding from sources 2 28 other than amounts appropriated directly from the general fund 2 29 of the state to the department of justice or to the office of 2 30 consumer advocate. These funding sources shall include but 2 31 are not limited to reimbursements from other state agencies, 2 32 commissions, boards, or similar entities, and reimbursements 2 33 from special funds or internal accounts within the department 2 34 of justice. The department of justice shall also report actual 2 35 reimbursements for the fiscal year commencing July 1, 2017, 3 1 and actual and expected reimbursements for the fiscal year 3 2 commencing July 1, 2018. 3 3 b. The department of justice shall include the report 3 4 required under paragraph "a", as well as information regarding 3 5 any revisions occurring as a result of reimbursements actually 3 6 received or expected at a later date, in a report to the 3 7 co=chairpersons and ranking members of the joint appropriations 3 8 subcommittee on the justice system and the legislative services 3 9 agency. The department of justice shall submit the report on 3 10 or before January 15, 2018. 3 11 3. a. The department of justice shall reimburse the 3 12 costs and necessary related expenses incurred by the Iowa 3 13 law enforcement academy to employ one additional instructor 3 14 position who shall provide training for domestic abuse and 3 15 human trafficking=related issues throughout the state. 3 16 b. The department of justice shall obtain the moneys 3 17 necessary to reimburse the Iowa law enforcement academy to 3 18 employ such an instructor from unrestricted moneys from either 3 19 the victim compensation fund established in section 915.94, the 3 20 human trafficking victim fund established in section 915.95, or 3 21 the human trafficking enforcement fund established in 2015 Iowa 3 22 Acts, chapter 138, section 141. 3 23 Sec. 2. CONSUMER EDUCATION AND LITIGATION ==== FARM 3 24 MEDIATION. Notwithstanding section 714.16C, there is 3 25 appropriated from the consumer education and litigation fund to 3 26 the department of justice for the fiscal year beginning July 3 27 1, 2017, and ending June 30, 2018, the following amount, or 3 28 so much thereof as is necessary, to be used for the purposes 3 29 designated: 3 30 For farm mediation services as specified in section 13.13, 3 31 subsection 2: 3 32 .................................................. $ 300,000 3 33 Sec. 3. OFFICE OF CONSUMER ADVOCATE. There is appropriated 3 34 from the department of commerce revolving fund created in 3 35 section 546.12 to the office of consumer advocate of the 4 1 department of justice for the fiscal year beginning July 1, 4 2 2017, and ending June 30, 2018, the following amount, or so 4 3 much thereof as is necessary, to be used for the purposes 4 4 designated: 4 5 For salaries, support, maintenance, and miscellaneous 4 6 purposes, and for not more than the following full=time 4 7 equivalent positions: 4 8 .................................................. $ 3,137,588 4 9 ............................................... FTEs 22.00 4 10 Sec. 4. DEPARTMENT OF CORRECTIONS ==== FACILITIES. 4 11 1. There is appropriated from the general fund of the state 4 12 to the department of corrections for the fiscal year beginning 4 13 July 1, 2017, and ending June 30, 2018, the following amounts, 4 14 or so much thereof as is necessary, to be used for the purposes 4 15 designated: 4 16 a. For the operation of the Fort Madison correctional 4 17 facility, including salaries, support, maintenance, and 4 18 miscellaneous purposes: 4 19 .................................................. $ 42,719,050 4 20 b. For the operation of the Anamosa correctional facility, 4 21 including salaries, support, maintenance, and miscellaneous 4 22 purposes: 4 23 .................................................. $ 32,827,163 4 24 c. For the operation of the Oakdale correctional facility, 4 25 including salaries, support, maintenance, and miscellaneous 4 26 purposes: 4 27 .................................................. $ 59,491,533 4 28 d. For the operation of the Newton correctional facility, 4 29 including salaries, support, maintenance, and miscellaneous 4 30 purposes: 4 31 .................................................. $ 27,661,220 4 32 e. For the operation of the Mount Pleasant correctional 4 33 facility, including salaries, support, maintenance, and 4 34 miscellaneous purposes: 4 35 .................................................. $ 24,676,413 5 1 f. For the operation of the Rockwell City correctional 5 2 facility, including salaries, support, maintenance, and 5 3 miscellaneous purposes: 5 4 .................................................. $ 9,720,458 5 5 g. For the operation of the Clarinda correctional facility, 5 6 including salaries, support, maintenance, and miscellaneous 5 7 purposes: 5 8 .................................................. $ 25,085,406 5 9 Moneys received by the department of corrections as 5 10 reimbursement for services provided to the Clarinda youth 5 11 corporation are appropriated to the department and shall be 5 12 used for the purpose of operating the Clarinda correctional 5 13 facility. 5 14 h. For the operation of the Mitchellville correctional 5 15 facility, including salaries, support, maintenance, and 5 16 miscellaneous purposes: 5 17 .................................................. $ 22,394,090 5 18 i. For the operation of the Fort Dodge correctional 5 19 facility, including salaries, support, maintenance, and 5 20 miscellaneous purposes: 5 21 .................................................. $ 29,766,995 5 22 j. For reimbursement of counties for temporary confinement 5 23 of prisoners, as provided in sections 901.7, 904.908, and 5 24 906.17, and for offenders confined pursuant to section 904.513: 5 25 .................................................. $ 1,575,092 5 26 k. For federal prison reimbursement, reimbursements for 5 27 out=of=state placements, and miscellaneous contracts: 5 28 .................................................. $ 484,411 5 29 2. The department of corrections shall use moneys 5 30 appropriated in subsection 1 to continue to contract for the 5 31 services of a Muslim imam and a Native American spiritual 5 32 leader. 5 33 Sec. 5. DEPARTMENT OF CORRECTIONS ==== ADMINISTRATION. 5 34 There is appropriated from the general fund of the state to the 5 35 department of corrections for the fiscal year beginning July 6 1 1, 2017, and ending June 30, 2018, the following amounts, or 6 2 so much thereof as is necessary, to be used for the purposes 6 3 designated: 6 4 1. For general administration, including salaries, support, 6 5 maintenance, employment of an education director to administer 6 6 a centralized education program for the correctional system, 6 7 and miscellaneous purposes: 6 8 .................................................. $ 5,153,905 6 9 a. It is the intent of the general assembly that each 6 10 lease negotiated by the department of corrections with a 6 11 private corporation for the purpose of providing private 6 12 industry employment of inmates in a correctional institution 6 13 shall prohibit the private corporation from utilizing inmate 6 14 labor for partisan political purposes for any person seeking 6 15 election to public office in this state and that a violation 6 16 of this requirement shall result in a termination of the lease 6 17 agreement. 6 18 b. It is the intent of the general assembly that as a 6 19 condition of receiving the appropriation provided in this 6 20 subsection the department of corrections shall not enter into 6 21 a lease or contractual agreement pursuant to section 904.809 6 22 with a private corporation for the use of building space for 6 23 the purpose of providing inmate employment without providing 6 24 that the terms of the lease or contract establish safeguards to 6 25 restrict, to the greatest extent feasible, access by inmates 6 26 working for the private corporation to personal identifying 6 27 information of citizens. 6 28 2. For educational programs for inmates at state penal 6 29 institutions: 6 30 .................................................. $ 2,608,109 6 31 a. To maximize the funding for educational programs, 6 32 the department shall establish guidelines and procedures to 6 33 prioritize the availability of educational and vocational 6 34 training for inmates based upon the goal of facilitating an 6 35 inmate's successful release from the correctional institution. 7 1 b. The director of the department of corrections may 7 2 transfer moneys from Iowa prison industries and the canteen 7 3 operating funds established pursuant to section 904.310, for 7 4 use in educational programs for inmates. 7 5 c. Notwithstanding section 8.33, moneys appropriated in 7 6 this subsection that remain unobligated or unexpended at the 7 7 close of the fiscal year shall not revert but shall remain 7 8 available to be used only for the purposes designated in this 7 9 subsection until the close of the succeeding fiscal year. 7 10 3. For the development of the Iowa corrections offender 7 11 network (ICON) data system: 7 12 .................................................. $ 2,000,000 7 13 4. For offender mental health and substance abuse 7 14 treatment: 7 15 .................................................. $ 28,065 7 16 5. For department=wide duties, including operations, costs, 7 17 and miscellaneous purposes: 7 18 .................................................. $ 1,297,894 7 19 Sec. 6. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 7 20 SERVICES. 7 21 1. There is appropriated from the general fund of the state 7 22 to the department of corrections for the fiscal year beginning 7 23 July 1, 2017, and ending June 30, 2018, for salaries, support, 7 24 maintenance, and miscellaneous purposes, the following amounts, 7 25 or so much thereof as is necessary, to be used for the purposes 7 26 designated: 7 27 a. For the first judicial district department of 7 28 correctional services: 7 29 .................................................. $ 14,636,766 7 30 It is the intent of the general assembly that the first 7 31 judicial district department of correctional services maintain 7 32 the drug courts operated by the district department. 7 33 b. For the second judicial district department of 7 34 correctional services: 7 35 .................................................. $ 11,383,739 8 1 It is the intent of the general assembly that the second 8 2 judicial district department of correctional services establish 8 3 and maintain two drug courts to be operated by the district 8 4 department. 8 5 c. For the third judicial district department of 8 6 correctional services: 8 7 .................................................. $ 7,167,957 8 8 d. For the fourth judicial district department of 8 9 correctional services: 8 10 .................................................. $ 5,579,922 8 11 e. For the fifth judicial district department of 8 12 correctional services, including funding for electronic 8 13 monitoring devices for use on a statewide basis: 8 14 .................................................. $ 20,857,940 8 15 It is the intent of the general assembly that the fifth 8 16 judicial district department of correctional services maintain 8 17 the drug court operated by the district department. 8 18 f. For the sixth judicial district department of 8 19 correctional services: 8 20 .................................................. $ 14,713,165 8 21 It is the intent of the general assembly that the sixth 8 22 judicial district department of correctional services maintain 8 23 the drug court operated by the district department. 8 24 g. For the seventh judicial district department of 8 25 correctional services: 8 26 .................................................. $ 7,777,341 8 27 It is the intent of the general assembly that the seventh 8 28 judicial district department of correctional services maintain 8 29 the drug court operated by the district department. 8 30 h. For the eighth judicial district department of 8 31 correctional services: 8 32 .................................................. $ 8,084,521 8 33 2. Each judicial district department of correctional 8 34 services, within the funding available, shall continue programs 8 35 and plans established within that district to provide for 9 1 intensive supervision, sex offender treatment, diversion of 9 2 low=risk offenders to the least restrictive sanction available, 9 3 job development, and expanded use of intermediate criminal 9 4 sanctions. 9 5 3. Each judicial district department of correctional 9 6 services shall provide alternatives to prison consistent with 9 7 chapter 901B. The alternatives to prison shall ensure public 9 8 safety while providing maximum rehabilitation to the offender. 9 9 A judicial district department of correctional services may 9 10 also establish a day program. 9 11 4. The governor's office of drug control policy shall 9 12 consider federal grants made to the department of corrections 9 13 for the benefit of each of the eight judicial district 9 14 departments of correctional services as local government 9 15 grants, as defined pursuant to federal regulations. 9 16 5. The department of corrections shall continue to contract 9 17 with a judicial district department of correctional services to 9 18 provide for the rental of electronic monitoring equipment which 9 19 shall be available statewide. 9 20 Sec. 7. DEPARTMENT OF CORRECTIONS ==== REALLOCATION OF 9 21 APPROPRIATIONS. Notwithstanding section 8.39, within the 9 22 moneys appropriated in this division of this Act to the 9 23 department of corrections, the department may reallocate the 9 24 moneys appropriated and allocated as necessary to best fulfill 9 25 the needs of the correctional institutions, administration 9 26 of the department, and the judicial district departments of 9 27 correctional services. However, in addition to complying with 9 28 the requirements of sections 904.116 and 905.8 and providing 9 29 notice to the legislative services agency, the department 9 30 of corrections shall also provide notice to the department 9 31 of management, prior to the effective date of the revision 9 32 or reallocation of an appropriation made pursuant to this 9 33 section. The department of corrections shall not reallocate an 9 34 appropriation or allocation for the purpose of eliminating any 9 35 program. 10 1 Sec. 8. INTENT ==== REPORTS. 10 2 1. The department of corrections in cooperation with 10 3 townships, the Iowa cemetery associations, and other nonprofit 10 4 or governmental entities may use inmate labor during the 10 5 fiscal year beginning July 1, 2017, to restore or preserve 10 6 rural cemeteries and historical landmarks. The department in 10 7 cooperation with the counties may also use inmate labor to 10 8 clean up roads, major water sources, and other water sources 10 9 around the state. 10 10 2. On a quarterly basis the department shall provide a 10 11 status report regarding private=sector employment to the 10 12 legislative services agency beginning on July 1, 2017. The 10 13 report shall include the number of offenders employed in the 10 14 private sector, the combined number of hours worked by the 10 15 offenders, the total amount of allowances, and the distribution 10 16 of allowances pursuant to section 904.702, including any moneys 10 17 deposited in the general fund of the state. 10 18 Sec. 9. ELECTRONIC MONITORING REPORT. The department of 10 19 corrections shall submit a report on electronic monitoring to 10 20 the general assembly, to the co=chairpersons and the ranking 10 21 members of the joint appropriations subcommittee on the justice 10 22 system, and to the legislative services agency by January 10 23 15, 2018. The report shall specifically address the number 10 24 of persons being electronically monitored and break down the 10 25 number of persons being electronically monitored by offense 10 26 committed. The report shall also include a comparison of any 10 27 data from the prior fiscal year with the current year. 10 28 Sec. 10. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 10 29 1. As used in this section, unless the context otherwise 10 30 requires, "state agency" means the government of the state 10 31 of Iowa, including but not limited to all executive branch 10 32 departments, agencies, boards, bureaus, and commissions, the 10 33 judicial branch, the general assembly and all legislative 10 34 agencies, institutions within the purview of the state board of 10 35 regents, and any corporation whose primary function is to act 11 1 as an instrumentality of the state. 11 2 2. State agencies are encouraged to purchase products from 11 3 Iowa state industries, as defined in section 904.802, when 11 4 purchases are required and the products are available from 11 5 Iowa state industries. State agencies shall obtain bids from 11 6 Iowa state industries for purchases of office furniture during 11 7 the fiscal year beginning July 1, 2017, exceeding $5,000 or 11 8 in accordance with applicable administrative rules related to 11 9 purchases for the agency. 11 10 Sec. 11. IOWA LAW ENFORCEMENT ACADEMY. 11 11 1. There is appropriated from the general fund of the 11 12 state to the Iowa law enforcement academy for the fiscal year 11 13 beginning July 1, 2017, and ending June 30, 2018, the following 11 14 amount, or so much thereof as is necessary, to be used for the 11 15 purposes designated: 11 16 For salaries, support, maintenance, and miscellaneous 11 17 purposes, including jailer training and technical assistance, 11 18 and for not more than the following full=time equivalent 11 19 positions: 11 20 .................................................. $ 954,756 11 21 ............................................... FTEs 25.00 11 22 The Iowa law enforcement academy may temporarily exceed and 11 23 draw more than the amount appropriated in this subsection and 11 24 incur a negative cash balance as long as there are receivables 11 25 equal to or greater than the negative balance and the amount 11 26 appropriated in this subsection is not exceeded at the close 11 27 of the fiscal year. 11 28 2. The Iowa law enforcement academy may select at least 11 29 five automobiles of the department of public safety, division 11 30 of state patrol, prior to turning over the automobiles to 11 31 the department of administrative services to be disposed 11 32 of by public auction, and the Iowa law enforcement academy 11 33 may exchange any automobile owned by the academy for each 11 34 automobile selected if the selected automobile is used in 11 35 training law enforcement officers at the academy. However, any 12 1 automobile exchanged by the academy shall be substituted for 12 2 the selected vehicle of the department of public safety and 12 3 sold by public auction with the receipts being deposited in the 12 4 depreciation fund to the credit of the department of public 12 5 safety, division of state patrol. 12 6 3. The Iowa law enforcement academy shall provide training 12 7 for domestic abuse and human trafficking=related issues 12 8 throughout the state. The training shall be offered at no 12 9 cost to the attendees and the training shall not replace any 12 10 existing domestic abuse or human trafficking training offered 12 11 by the academy. 12 12 Sec. 12. STATE PUBLIC DEFENDER. There is appropriated from 12 13 the general fund of the state to the office of the state public 12 14 defender of the department of inspections and appeals for the 12 15 fiscal year beginning July 1, 2017, and ending June 30, 2018, 12 16 the following amounts, or so much thereof as is necessary, to 12 17 be used for the purposes designated: 12 18 1. For salaries, support, maintenance, and miscellaneous 12 19 purposes, and for not more than the following full=time 12 20 equivalent positions: 12 21 .................................................. $ 26,182,243 12 22 ............................................... FTEs 223.00 12 23 2. For payments on behalf of eligible adults and juveniles 12 24 from the indigent defense fund, in accordance with section 12 25 815.11: 12 26 .................................................. $ 33,444,448 12 27 Sec. 13. BOARD OF PAROLE. There is appropriated from the 12 28 general fund of the state to the board of parole for the fiscal 12 29 year beginning July 1, 2017, and ending June 30, 2018, the 12 30 following amount, or so much thereof as is necessary, to be 12 31 used for the purposes designated: 12 32 For salaries, support, maintenance, and miscellaneous 12 33 purposes, and for not more than the following full=time 12 34 equivalent positions: 12 35 .................................................. $ 1,191,731 13 1 ............................................... FTEs 10.75 13 2 Sec. 14. DEPARTMENT OF PUBLIC DEFENSE. 13 3 1. There is appropriated from the general fund of the 13 4 state to the department of public defense, for the fiscal year 13 5 beginning July 1, 2017, and ending June 30, 2018, the following 13 6 amounts, or so much thereof as is necessary, to be used for the 13 7 purposes designated: 13 8 For salaries, support, maintenance, and miscellaneous 13 9 purposes, and for not more than the following full=time 13 10 equivalent positions: 13 11 .................................................. $ 6,223,324 13 12 ............................................... FTEs 248.00 13 13 2. The department of public defense may temporarily exceed 13 14 and draw more than the amount appropriated in this section and 13 15 incur a negative cash balance as long as there are receivables 13 16 of federal funds equal to or greater than the negative balance 13 17 and the amount appropriated in this section is not exceeded at 13 18 the close of the fiscal year. 13 19 Sec. 15. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 13 20 MANAGEMENT. 13 21 1. There is appropriated from the general fund of the state 13 22 to the department of homeland security and emergency management 13 23 for the fiscal year beginning July 1, 2017, and ending June 13 24 30, 2018, the following amounts, or so much thereof as is 13 25 necessary, to be used for the purposes designated: 13 26 For salaries, support, maintenance, and miscellaneous 13 27 purposes, and for not more than the following full=time 13 28 equivalent positions: 13 29 .................................................. $ 2,121,927 13 30 ............................................... FTEs 33.87 13 31 2. The department of homeland security and emergency 13 32 management may temporarily exceed and draw more than the amount 13 33 appropriated in this section and incur a negative cash balance 13 34 as long as there are receivables of federal funds equal to or 13 35 greater than the negative balance and the amount appropriated 14 1 in this section is not exceeded at the close of the fiscal 14 2 year. 14 3 Sec. 16. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 14 4 from the general fund of the state to the department of public 14 5 safety for the fiscal year beginning July 1, 2017, and ending 14 6 June 30, 2018, the following amounts, or so much thereof as is 14 7 necessary, to be used for the purposes designated: 14 8 1. For the department's administrative functions, including 14 9 the criminal justice information system, and for not more than 14 10 the following full=time equivalent positions: 14 11 .................................................. $ 4,143,131 14 12 ............................................... FTEs 37.00 14 13 2. For the division of criminal investigation, including 14 14 the state's contribution to the peace officers' retirement, 14 15 accident, and disability system provided in chapter 97A in the 14 16 amount of the state's normal contribution rate, as defined in 14 17 section 97A.8, multiplied by the salaries for which the moneys 14 18 are appropriated, to meet federal fund matching requirements, 14 19 and for not more than the following full=time equivalent 14 20 positions: 14 21 .................................................. $ 13,590,544 14 22 ............................................... FTEs 160.00 14 23 The division of criminal investigation may employ two of 14 24 the three additional full=time equivalent positions authorized 14 25 pursuant to this subsection that are in excess of the number 14 26 of full=time equivalent positions authorized for the previous 14 27 fiscal year only if the division of criminal investigation 14 28 receives sufficient federal moneys to maintain employment for 14 29 the additional 2.00 full=time equivalent positions during the 14 30 current fiscal year. The division of criminal investigation 14 31 shall only employ the additional 2.00 full=time equivalent 14 32 positions in succeeding fiscal years if sufficient federal 14 33 moneys are received during each of those succeeding fiscal 14 34 years. 14 35 3. For the criminalistics laboratory fund created in 15 1 section 691.9: 15 2 .................................................. $ 302,345 15 3 4. a. For the division of narcotics enforcement, including 15 4 the state's contribution to the peace officers' retirement, 15 5 accident, and disability system provided in chapter 97A in the 15 6 amount of the state's normal contribution rate, as defined in 15 7 section 97A.8, multiplied by the salaries for which the moneys 15 8 are appropriated, to meet federal fund matching requirements, 15 9 and for not more than the following full=time equivalent 15 10 positions: 15 11 .................................................. $ 7,453,300 15 12 ............................................... FTEs 66.50 15 13 The division of narcotics enforcement may employ an 15 14 additional 1.00 full=time equivalent position authorized 15 15 pursuant to this lettered paragraph that is in excess of 15 16 the number of full=time equivalent positions authorized for 15 17 the previous fiscal year only if the division of narcotics 15 18 enforcement receives sufficient federal moneys to maintain 15 19 employment for the additional full=time equivalent position 15 20 during the current fiscal year. The division of narcotics 15 21 enforcement shall only employ the additional full=time 15 22 equivalent position in succeeding fiscal years if sufficient 15 23 federal moneys are received during each of those succeeding 15 24 fiscal years. 15 25 b. For the division of narcotics enforcement for undercover 15 26 purchases: 15 27 .................................................. $ 109,042 15 28 5. For the division of state fire marshal, for fire 15 29 protection services as provided through the state fire service 15 30 and emergency response council as created in the department, 15 31 and for the state's contribution to the peace officers' 15 32 retirement, accident, and disability system provided in chapter 15 33 97A in the amount of the state's normal contribution rate, 15 34 as defined in section 97A.8, multiplied by the salaries for 15 35 which the moneys are appropriated, and for not more than the 16 1 following full=time equivalent positions: 16 2 .................................................. $ 4,686,714 16 3 ............................................... FTEs 53.00 16 4 6. For the division of state patrol, for salaries, support, 16 5 maintenance, workers' compensation costs, and miscellaneous 16 6 purposes, including the state's contribution to the peace 16 7 officers' retirement, accident, and disability system provided 16 8 in chapter 97A in the amount of the state's normal contribution 16 9 rate, as defined in section 97A.8, multiplied by the salaries 16 10 for which the moneys are appropriated, and for not more than 16 11 the following full=time equivalent positions: 16 12 .................................................. $ 61,366,340 16 13 ............................................... FTEs 511.40 16 14 It is the intent of the general assembly that members of the 16 15 state patrol be assigned to patrol the highways and roads in 16 16 lieu of assignments for inspecting school buses for the school 16 17 districts. 16 18 7. For deposit in the sick leave benefits fund established 16 19 under section 80.42 for all departmental employees eligible to 16 20 receive benefits for accrued sick leave under the collective 16 21 bargaining agreement: 16 22 .................................................. $ 279,517 16 23 8. For costs associated with the training and equipment 16 24 needs of volunteer fire fighters: 16 25 .................................................. $ 825,520 16 26 a. Notwithstanding section 8.33, moneys appropriated in 16 27 this subsection that remain unencumbered or unobligated at the 16 28 close of the fiscal year shall not revert but shall remain 16 29 available for expenditure only for the purpose designated in 16 30 this subsection until the close of the succeeding fiscal year. 16 31 b. Notwithstanding section 8.39, the department of public 16 32 safety may reallocate moneys appropriated in this section 16 33 as necessary to best fulfill the needs provided for in the 16 34 appropriation. However, the department shall not reallocate 16 35 moneys appropriated to the department in this section unless 17 1 notice of the reallocation is given to the legislative services 17 2 agency and the department of management prior to the effective 17 3 date of the reallocation. The notice shall include information 17 4 regarding the rationale for reallocating the moneys. The 17 5 department shall not reallocate moneys appropriated in this 17 6 section for the purpose of eliminating any program. 17 7 9. For the public safety interoperable and broadband 17 8 communications fund established in section 80.44: 17 9 .................................................. $ 115,661 17 10 10. For the office to combat human trafficking established 17 11 pursuant to section 80.45, as enacted by 2016 Iowa Acts, 17 12 chapter 1077, section 1, including salaries, support, 17 13 maintenance, miscellaneous purposes, and for not more than the 17 14 following full=time equivalent positions: 17 15 .................................................. $ 150,000 17 16 ............................................... FTEs 2.00 17 17 11. For department=wide duties, including operations, 17 18 costs, and miscellaneous purposes: 17 19 .................................................. $ 1,834,973 17 20 Sec. 17. GAMING ENFORCEMENT. 17 21 1. There is appropriated from the gaming enforcement 17 22 revolving fund created in section 80.43 to the department of 17 23 public safety for the fiscal year beginning July 1, 2017, and 17 24 ending June 30, 2018, the following amount, or so much thereof 17 25 as is necessary, to be used for the purposes designated: 17 26 For any direct support costs for agents and officers of 17 27 the division of criminal investigation's excursion gambling 17 28 boat, gambling structure, and racetrack enclosure enforcement 17 29 activities, including salaries, support, maintenance, and 17 30 miscellaneous purposes, and for not more than the following 17 31 full=time equivalent positions: 17 32 .................................................. $ 10,841,272 17 33 ............................................... FTEs 73.00 17 34 2. For each additional license to conduct gambling games on 17 35 an excursion gambling boat, gambling structure, or racetrack 18 1 enclosure issued during the fiscal year beginning July 1, 2017, 18 2 there is appropriated from the gaming enforcement fund to the 18 3 department of public safety for the fiscal year beginning July 18 4 1, 2017, and ending June 30, 2018, an additional amount of not 18 5 more than $300,000 to be used for not more than 3.00 additional 18 6 full=time equivalent positions. 18 7 3. The department of public safety, with the approval of the 18 8 department of management, may employ no more than three special 18 9 agents for each additional riverboat or gambling structure 18 10 regulated after July 1, 2017, and three special agents for 18 11 each racing facility which becomes operational during the 18 12 fiscal year which begins July 1, 2017. Positions authorized 18 13 in this subsection are in addition to the full=time equivalent 18 14 positions otherwise authorized in this section. 18 15 Sec. 18. CIVIL RIGHTS COMMISSION. 18 16 1. There is appropriated from the general fund of the state 18 17 to the Iowa state civil rights commission for the fiscal year 18 18 beginning July 1, 2017, and ending June 30, 2018, the following 18 19 amount, or so much thereof as is necessary, to be used for the 18 20 purposes designated: 18 21 For salaries, support, maintenance, and miscellaneous 18 22 purposes, and for not more than the following full=time 18 23 equivalent positions: 18 24 .................................................. $ 1,157,062 18 25 ............................................... FTEs 30.00 18 26 2. The Iowa state civil rights commission may enter into 18 27 a contract with a nonprofit organization to provide legal 18 28 assistance to resolve civil rights complaints. 18 29 Sec. 19. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION. 18 30 1. There is appropriated from the general fund of the state 18 31 to the criminal and juvenile justice planning division of the 18 32 department of human rights for the fiscal year beginning July 18 33 1, 2017, and ending June 30, 2018, the following amount, or 18 34 so much thereof as is necessary, to be used for the purposes 18 35 designated: 19 1 For salaries, support, maintenance, and miscellaneous 19 2 purposes, and for not more than the following full=time 19 3 equivalent positions: 19 4 .................................................. $ 1,187,833 19 5 ............................................... FTEs 9.56 19 6 2. The criminal and juvenile justice planning advisory 19 7 council and the juvenile justice advisory council shall 19 8 coordinate their efforts in carrying out their respective 19 9 duties relative to juvenile justice. 19 10 Sec. 20. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 19 11 MANAGEMENT. There is appropriated from the E911 emergency 19 12 communications fund created in section 34A.7A to the department 19 13 of homeland security and emergency management for the fiscal 19 14 year beginning July 1, 2017, and ending June 30, 2018, the 19 15 following amount, or so much thereof as is necessary, to be 19 16 used for the purposes designated: 19 17 For implementation, support, and maintenance of the 19 18 functions of the administrator and program manager under 19 19 chapter 34A and to employ the auditor of the state to perform 19 20 an annual audit of the E911 emergency communications fund: 19 21 .................................................. $ 250,000 19 22 DIVISION II 19 23 MISCELLANEOUS CHANGES 19 24 Sec. 21. Section 35A.13, subsection 6, Code 2017, is amended 19 25 by adding the following new paragraph: 19 26 NEW PARAGRAPH. n. Expenses related to survivor outreach 19 27 activities supported by the department of public defense 19 28 established in section 29.1. 19 29 Sec. 22. NEW SECTION. 80B.19 Academy internal training fund 19 30 clearing account. 19 31 1. Activities of the academy shall be accounted for within 19 32 the general fund of the state, except the academy may establish 19 33 and maintain an internal training clearing fund in accordance 19 34 with generally accepted accounting principles, as defined in 19 35 section 8.57, subsection 4, for activities of the academy 20 1 which are primarily from billings to governmental entities for 20 2 services rendered by the academy. 20 3 2. Internal training funds in the internal training 20 4 clearing fund shall be administered by the academy and shall 20 5 consist of moneys collected by the academy from billings issued 20 6 in accordance with chapter 80B, and any other moneys obtained 20 7 or accepted by the academy, including but not limited to gifts, 20 8 loans, donations, grants, and contributions, which are obtained 20 9 or designated to support the activities of the academy. 20 10 3. The proceeds of an internal training clearing fund 20 11 established pursuant to this section shall be used by the 20 12 academy and expended through the appropriated account of the 20 13 academy for the operations of the academy consistent with this 20 14 chapter. However, this usage requirement shall not limit or 20 15 restrict the academy from using proceeds from gifts, loans, 20 16 donations, grants, and contributions in conformance with any 20 17 conditions, directions, limitations, or instructions attached 20 18 or related thereto. 20 19 4. Section 8.33 does not apply to any moneys in the internal 20 20 training clearing fund established pursuant to this section. 20 21 Notwithstanding section 12C.7, subsection 2, interest or 20 22 earnings on moneys deposited in the fund shall be credited to 20 23 the fund. 20 24 Sec. 23. Section 805.6, subsection 4, paragraphs a, b, and 20 25 c, Code 2017, are amended to read as follows: 20 26 a. If the offense is one to which an assessment of a minimum 20 27 fine is applicable and the entry is otherwise not prohibited 20 28 by this section, an amount equal to one and one=half times the 20 29 minimum fine and applicable surcharge assessed pursuant to 20 30 chapter 911, plus court costs. 20 31 b. If the offense is one to which a scheduled fine is 20 32 applicable, an amount equal to one and one=half times the 20 33 scheduled fine and applicable surcharge assessed pursuant to 20 34 chapter 911, plus court costs. 20 35 c. If the violation is for any offense for which a court 21 1 appearance is mandatory, and an assessment of a minimum fine 21 2 is not applicable, the amount of one hundred dollars and 21 3 applicable surcharge assessed pursuant to chapter 911, plus 21 4 court costs. 21 5 Sec. 24. 2014 Iowa Acts, chapter 1138, section 21, as 21 6 amended by 2016 Iowa Acts, chapter 1137, section 18, is amended 21 7 to read as follows: 21 8 SEC. 21. CONSUMER EDUCATION AND LITIGATION FUND. 21 9 Notwithstanding section 714.16C, for each fiscal year of the 21 10 period beginning July 1, 2014, and ending June 30,20182019, 21 11 the annual appropriations in section 714.16C, are increased 21 12 from $1,125,000 to $1,875,000, and $75,000 to $125,000 21 13 respectively. 21 14 Sec. 25. REPEAL. Sections 904.203, 904.204, 904.205, and 21 15 904.206, Code 2017, are repealed. 21 16 DIVISION III 21 17 FY 2018=2019 21 18 APPROPRIATIONS 21 19 Sec. 26. DEPARTMENT OF JUSTICE. 21 20 1. There is appropriated from the general fund of the state 21 21 to the department of justice for the fiscal year beginning July 21 22 1, 2018, and ending June 30, 2019, the following amounts, or 21 23 so much thereof as is necessary, to be used for the purposes 21 24 designated: 21 25 a. For the general office of attorney general for salaries, 21 26 support, maintenance, and miscellaneous purposes, including 21 27 the prosecuting attorneys training program, matching funds 21 28 for federal violence against women grant programs, victim 21 29 assistance grants, office of drug control policy prosecuting 21 30 attorney program, and odometer fraud enforcement, and for not 21 31 more than the following full=time equivalent positions: 21 32 .................................................. $ 3,336,154 21 33 ............................................... FTEs 215.00 21 34 As a condition of receiving the appropriation provided 21 35 in this lettered paragraph, the department of justice shall 22 1 maintain a record of the estimated time incurred representing 22 2 each agency or department. 22 3 b. For victim assistance grants: 22 4 .................................................. $ 2,508,354 22 5 The moneys appropriated in this lettered paragraph shall be 22 6 used to provide grants to care providers providing services to 22 7 crime victims of domestic abuse or to crime victims of rape and 22 8 sexual assault. 22 9 The balance of the victim compensation fund established in 22 10 section 915.94 may be used to provide salary and support of not 22 11 more than 19.00 full=time equivalent positions and to provide 22 12 maintenance for the victim compensation functions of the 22 13 department of justice. In addition to the full=time equivalent 22 14 positions authorized pursuant to this lettered paragraph, the 22 15 department of justice is authorized 5.00 full=time equivalent 22 16 positions to provide maintenance for victim compensation 22 17 functions and such additional full=time equivalent positions 22 18 shall be used by the department of justice to employ one 22 19 accountant and four program planners. The department of 22 20 justice may employ the additional 5.00 full=time equivalent 22 21 positions authorized pursuant to this lettered paragraph only 22 22 if the department of justice receives sufficient federal moneys 22 23 to maintain employment for the additional full=time equivalent 22 24 positions during the current fiscal year. The department 22 25 of justice shall only employ the additional 5.00 full=time 22 26 equivalent positions in succeeding fiscal years if sufficient 22 27 federal moneys are received during each of those succeeding 22 28 fiscal years. 22 29 The department of justice shall transfer at least $150,000 22 30 from the victim compensation fund established in section 915.94 22 31 to the victim assistance grant program. 22 32 Notwithstanding section 8.33, moneys appropriated in this 22 33 paragraph "b" that remain unencumbered or unobligated at the 22 34 close of the fiscal year shall not revert but shall remain 22 35 available for expenditure for the purposes designated until the 23 1 close of the succeeding fiscal year. 23 2 c. For legal services for persons in poverty grants as 23 3 provided in section 13.34: 23 4 .................................................. $ 1,152,301 23 5 2. a. The department of justice, in submitting budget 23 6 estimates for the fiscal year commencing July 1, 2019, pursuant 23 7 to section 8.23, shall include a report of funding from sources 23 8 other than amounts appropriated directly from the general fund 23 9 of the state to the department of justice or to the office of 23 10 consumer advocate. These funding sources shall include but 23 11 are not limited to reimbursements from other state agencies, 23 12 commissions, boards, or similar entities, and reimbursements 23 13 from special funds or internal accounts within the department 23 14 of justice. The department of justice shall also report actual 23 15 reimbursements for the fiscal year commencing July 1, 2017, 23 16 and actual and expected reimbursements for the fiscal year 23 17 commencing July 1, 2018. 23 18 b. The department of justice shall include the report 23 19 required under paragraph "a", as well as information regarding 23 20 any revisions occurring as a result of reimbursements actually 23 21 received or expected at a later date, in a report to the 23 22 co=chairpersons and ranking members of the joint appropriations 23 23 subcommittee on the justice system and the legislative services 23 24 agency. The department of justice shall submit the report on 23 25 or before January 15, 2019. 23 26 3. a. The department of justice shall reimburse the 23 27 costs and necessary related expenses incurred by the Iowa 23 28 law enforcement academy to employ one additional instructor 23 29 position who shall provide training for domestic abuse and 23 30 human trafficking=related issues throughout the state. 23 31 b. The department of justice shall obtain the moneys 23 32 necessary to reimburse the Iowa law enforcement academy to 23 33 employ such an instructor from unrestricted moneys from either 23 34 the victim compensation fund established in section 915.94, the 23 35 human trafficking victim fund established in section 915.95, or 24 1 the human trafficking enforcement fund established in 2015 Iowa 24 2 Acts, chapter 138, section 141. 24 3 Sec. 27. OFFICE OF CONSUMER ADVOCATE. There is appropriated 24 4 from the department of commerce revolving fund created in 24 5 section 546.12 to the office of consumer advocate of the 24 6 department of justice for the fiscal year beginning July 1, 24 7 2018, and ending June 30, 2019, the following amount, or so 24 8 much thereof as is necessary, to be used for the purposes 24 9 designated: 24 10 For salaries, support, maintenance, and miscellaneous 24 11 purposes, and for not more than the following full=time 24 12 equivalent positions: 24 13 .................................................. $ 1,568,794 24 14 ............................................... FTEs 22.00 24 15 Sec. 28. DEPARTMENT OF CORRECTIONS ==== FACILITIES. 24 16 1. There is appropriated from the general fund of the state 24 17 to the department of corrections for the fiscal year beginning 24 18 July 1, 2018, and ending June 30, 2019, the following amounts, 24 19 or so much thereof as is necessary, to be used for the purposes 24 20 designated: 24 21 a. For the operation of the Fort Madison correctional 24 22 facility, including salaries, support, maintenance, and 24 23 miscellaneous purposes: 24 24 .................................................. $ 21,359,525 24 25 b. For the operation of the Anamosa correctional facility, 24 26 including salaries, support, maintenance, and miscellaneous 24 27 purposes: 24 28 .................................................. $ 16,413,582 24 29 c. For the operation of the Oakdale correctional facility, 24 30 including salaries, support, maintenance, and miscellaneous 24 31 purposes: 24 32 .................................................. $ 29,745,767 24 33 d. For the operation of the Newton correctional facility, 24 34 including salaries, support, maintenance, and miscellaneous 24 35 purposes: 25 1 .................................................. $ 13,830,610 25 2 e. For the operation of the Mount Pleasant correctional 25 3 facility, including salaries, support, maintenance, and 25 4 miscellaneous purposes: 25 5 .................................................. $ 12,338,207 25 6 f. For the operation of the Rockwell City correctional 25 7 facility, including salaries, support, maintenance, and 25 8 miscellaneous purposes: 25 9 .................................................. $ 4,860,229 25 10 g. For the operation of the Clarinda correctional facility, 25 11 including salaries, support, maintenance, and miscellaneous 25 12 purposes: 25 13 .................................................. $ 12,542,703 25 14 Moneys received by the department of corrections as 25 15 reimbursement for services provided to the Clarinda youth 25 16 corporation are appropriated to the department and shall be 25 17 used for the purpose of operating the Clarinda correctional 25 18 facility. 25 19 h. For the operation of the Mitchellville correctional 25 20 facility, including salaries, support, maintenance, and 25 21 miscellaneous purposes: 25 22 .................................................. $ 11,197,045 25 23 i. For the operation of the Fort Dodge correctional 25 24 facility, including salaries, support, maintenance, and 25 25 miscellaneous purposes: 25 26 .................................................. $ 14,883,498 25 27 j. For reimbursement of counties for temporary confinement 25 28 of prisoners, as provided in sections 901.7, 904.908, and 25 29 906.17, and for offenders confined pursuant to section 904.513: 25 30 .................................................. $ 787,546 25 31 k. For federal prison reimbursement, reimbursements for 25 32 out=of=state placements, and miscellaneous contracts: 25 33 .................................................. $ 242,206 25 34 2. The department of corrections shall use moneys 25 35 appropriated in subsection 1 to continue to contract for the 26 1 services of a Muslim imam and a Native American spiritual 26 2 leader. 26 3 Sec. 29. DEPARTMENT OF CORRECTIONS ==== ADMINISTRATION. 26 4 There is appropriated from the general fund of the state to the 26 5 department of corrections for the fiscal year beginning July 26 6 1, 2018, and ending June 30, 2019, the following amounts, or 26 7 so much thereof as is necessary, to be used for the purposes 26 8 designated: 26 9 1. For general administration, including salaries, support, 26 10 maintenance, employment of an education director to administer 26 11 a centralized education program for the correctional system, 26 12 and miscellaneous purposes: 26 13 .................................................. $ 2,576,953 26 14 a. It is the intent of the general assembly that each 26 15 lease negotiated by the department of corrections with a 26 16 private corporation for the purpose of providing private 26 17 industry employment of inmates in a correctional institution 26 18 shall prohibit the private corporation from utilizing inmate 26 19 labor for partisan political purposes for any person seeking 26 20 election to public office in this state and that a violation 26 21 of this requirement shall result in a termination of the lease 26 22 agreement. 26 23 b. It is the intent of the general assembly that as a 26 24 condition of receiving the appropriation provided in this 26 25 subsection the department of corrections shall not enter into 26 26 a lease or contractual agreement pursuant to section 904.809 26 27 with a private corporation for the use of building space for 26 28 the purpose of providing inmate employment without providing 26 29 that the terms of the lease or contract establish safeguards to 26 30 restrict, to the greatest extent feasible, access by inmates 26 31 working for the private corporation to personal identifying 26 32 information of citizens. 26 33 2. For educational programs for inmates at state penal 26 34 institutions: 26 35 .................................................. $ 1,304,055 27 1 a. To maximize the funding for educational programs, 27 2 the department shall establish guidelines and procedures to 27 3 prioritize the availability of educational and vocational 27 4 training for inmates based upon the goal of facilitating an 27 5 inmate's successful release from the correctional institution. 27 6 b. The director of the department of corrections may 27 7 transfer moneys from Iowa prison industries and the canteen 27 8 operating funds established pursuant to section 904.310, for 27 9 use in educational programs for inmates. 27 10 c. Notwithstanding section 8.33, moneys appropriated in 27 11 this subsection that remain unobligated or unexpended at the 27 12 close of the fiscal year shall not revert but shall remain 27 13 available to be used only for the purposes designated in this 27 14 subsection until the close of the succeeding fiscal year. 27 15 3. For the development of the Iowa corrections offender 27 16 network (ICON) data system: 27 17 .................................................. $ 1,000,000 27 18 4. For offender mental health and substance abuse 27 19 treatment: 27 20 .................................................. $ 14,033 27 21 5. For department=wide duties, including operations, costs, 27 22 and miscellaneous purposes: 27 23 .................................................. $ 648,947 27 24 Sec. 30. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL 27 25 SERVICES. 27 26 1. There is appropriated from the general fund of the state 27 27 to the department of corrections for the fiscal year beginning 27 28 July 1, 2018, and ending June 30, 2019, for salaries, support, 27 29 maintenance, and miscellaneous purposes, the following amounts, 27 30 or so much thereof as is necessary, to be used for the purposes 27 31 designated: 27 32 a. For the first judicial district department of 27 33 correctional services: 27 34 .................................................. $ 7,318,383 27 35 It is the intent of the general assembly that the first 28 1 judicial district department of correctional services maintain 28 2 the drug courts operated by the district department. 28 3 b. For the second judicial district department of 28 4 correctional services: 28 5 .................................................. $ 5,691,870 28 6 It is the intent of the general assembly that the second 28 7 judicial district department of correctional services establish 28 8 and maintain two drug courts to be operated by the district 28 9 department. 28 10 c. For the third judicial district department of 28 11 correctional services: 28 12 .................................................. $ 3,583,979 28 13 d. For the fourth judicial district department of 28 14 correctional services: 28 15 .................................................. $ 2,789,961 28 16 e. For the fifth judicial district department of 28 17 correctional services, including funding for electronic 28 18 monitoring devices for use on a statewide basis: 28 19 .................................................. $ 10,428,970 28 20 It is the intent of the general assembly that the fifth 28 21 judicial district department of correctional services maintain 28 22 the drug court operated by the district department. 28 23 f. For the sixth judicial district department of 28 24 correctional services: 28 25 .................................................. $ 7,356,583 28 26 It is the intent of the general assembly that the sixth 28 27 judicial district department of correctional services maintain 28 28 the drug court operated by the district department. 28 29 g. For the seventh judicial district department of 28 30 correctional services: 28 31 .................................................. $ 3,888,671 28 32 It is the intent of the general assembly that the seventh 28 33 judicial district department of correctional services maintain 28 34 the drug court operated by the district department. 28 35 h. For the eighth judicial district department of 29 1 correctional services: 29 2 .................................................. $ 4,042,261 29 3 2. Each judicial district department of correctional 29 4 services, within the funding available, shall continue programs 29 5 and plans established within that district to provide for 29 6 intensive supervision, sex offender treatment, diversion of 29 7 low=risk offenders to the least restrictive sanction available, 29 8 job development, and expanded use of intermediate criminal 29 9 sanctions. 29 10 3. Each judicial district department of correctional 29 11 services shall provide alternatives to prison consistent with 29 12 chapter 901B. The alternatives to prison shall ensure public 29 13 safety while providing maximum rehabilitation to the offender. 29 14 A judicial district department of correctional services may 29 15 also establish a day program. 29 16 4. The governor's office of drug control policy shall 29 17 consider federal grants made to the department of corrections 29 18 for the benefit of each of the eight judicial district 29 19 departments of correctional services as local government 29 20 grants, as defined pursuant to federal regulations. 29 21 5. The department of corrections shall continue to contract 29 22 with a judicial district department of correctional services to 29 23 provide for the rental of electronic monitoring equipment which 29 24 shall be available statewide. 29 25 Sec. 31. DEPARTMENT OF CORRECTIONS ==== REALLOCATION OF 29 26 APPROPRIATIONS. Notwithstanding section 8.39, within the 29 27 moneys appropriated in this division of this Act to the 29 28 department of corrections, the department may reallocate the 29 29 moneys appropriated and allocated as necessary to best fulfill 29 30 the needs of the correctional institutions, administration 29 31 of the department, and the judicial district departments of 29 32 correctional services. However, in addition to complying with 29 33 the requirements of sections 904.116 and 905.8 and providing 29 34 notice to the legislative services agency, the department 29 35 of corrections shall also provide notice to the department 30 1 of management, prior to the effective date of the revision 30 2 or reallocation of an appropriation made pursuant to this 30 3 section. The department of corrections shall not reallocate an 30 4 appropriation or allocation for the purpose of eliminating any 30 5 program. 30 6 Sec. 32. INTENT ==== REPORTS. 30 7 1. The department of corrections in cooperation with 30 8 townships, the Iowa cemetery associations, and other nonprofit 30 9 or governmental entities may use inmate labor during the 30 10 fiscal year beginning July 1, 2018, to restore or preserve 30 11 rural cemeteries and historical landmarks. The department in 30 12 cooperation with the counties may also use inmate labor to 30 13 clean up roads, major water sources, and other water sources 30 14 around the state. 30 15 2. On a quarterly basis the department shall provide a 30 16 status report regarding private=sector employment to the 30 17 legislative services agency beginning on July 1, 2018. The 30 18 report shall include the number of offenders employed in the 30 19 private sector, the combined number of hours worked by the 30 20 offenders, the total amount of allowances, and the distribution 30 21 of allowances pursuant to section 904.702, including any moneys 30 22 deposited in the general fund of the state. 30 23 Sec. 33. ELECTRONIC MONITORING REPORT. The department of 30 24 corrections shall submit a report on electronic monitoring to 30 25 the general assembly, to the co=chairpersons and the ranking 30 26 members of the joint appropriations subcommittee on the justice 30 27 system, and to the legislative services agency by January 30 28 15, 2019. The report shall specifically address the number 30 29 of persons being electronically monitored and break down the 30 30 number of persons being electronically monitored by offense 30 31 committed. The report shall also include a comparison of any 30 32 data from the prior fiscal year with the current year. 30 33 Sec. 34. STATE AGENCY PURCHASES FROM PRISON INDUSTRIES. 30 34 1. As used in this section, unless the context otherwise 30 35 requires, "state agency" means the government of the state 31 1 of Iowa, including but not limited to all executive branch 31 2 departments, agencies, boards, bureaus, and commissions, the 31 3 judicial branch, the general assembly and all legislative 31 4 agencies, institutions within the purview of the state board of 31 5 regents, and any corporation whose primary function is to act 31 6 as an instrumentality of the state. 31 7 2. State agencies are encouraged to purchase products from 31 8 Iowa state industries, as defined in section 904.802, when 31 9 purchases are required and the products are available from 31 10 Iowa state industries. State agencies shall obtain bids from 31 11 Iowa state industries for purchases of office furniture during 31 12 the fiscal year beginning July 1, 2018, exceeding $5,000 or 31 13 in accordance with applicable administrative rules related to 31 14 purchases for the agency. 31 15 Sec. 35. IOWA LAW ENFORCEMENT ACADEMY. 31 16 1. There is appropriated from the general fund of the 31 17 state to the Iowa law enforcement academy for the fiscal year 31 18 beginning July 1, 2018, and ending June 30, 2019, the following 31 19 amount, or so much thereof as is necessary, to be used for the 31 20 purposes designated: 31 21 For salaries, support, maintenance, and miscellaneous 31 22 purposes, including jailer training and technical assistance, 31 23 and for not more than the following full=time equivalent 31 24 positions: 31 25 .................................................. $ 477,378 31 26 ............................................... FTEs 25.00 31 27 The Iowa law enforcement academy may temporarily exceed and 31 28 draw more than the amount appropriated in this subsection and 31 29 incur a negative cash balance as long as there are receivables 31 30 equal to or greater than the negative balance and the amount 31 31 appropriated in this subsection is not exceeded at the close 31 32 of the fiscal year. 31 33 2. The Iowa law enforcement academy may select at least 31 34 five automobiles of the department of public safety, division 31 35 of state patrol, prior to turning over the automobiles to 32 1 the department of administrative services to be disposed 32 2 of by public auction, and the Iowa law enforcement academy 32 3 may exchange any automobile owned by the academy for each 32 4 automobile selected if the selected automobile is used in 32 5 training law enforcement officers at the academy. However, any 32 6 automobile exchanged by the academy shall be substituted for 32 7 the selected vehicle of the department of public safety and 32 8 sold by public auction with the receipts being deposited in the 32 9 depreciation fund to the credit of the department of public 32 10 safety, division of state patrol. 32 11 3. The Iowa law enforcement academy shall provide training 32 12 for domestic abuse and human trafficking=related issues 32 13 throughout the state. The training shall be offered at no 32 14 cost to the attendees and the training shall not replace any 32 15 existing domestic abuse or human trafficking training offered 32 16 by the academy. 32 17 Sec. 36. STATE PUBLIC DEFENDER. There is appropriated from 32 18 the general fund of the state to the office of the state public 32 19 defender of the department of inspections and appeals for the 32 20 fiscal year beginning July 1, 2018, and ending June 30, 2019, 32 21 the following amounts, or so much thereof as is necessary, to 32 22 be used for the purposes designated: 32 23 1. For salaries, support, maintenance, and miscellaneous 32 24 purposes, and for not more than the following full=time 32 25 equivalent positions: 32 26 .................................................. $ 13,091,122 32 27 ............................................... FTEs 223.00 32 28 2. For payments on behalf of eligible adults and juveniles 32 29 from the indigent defense fund, in accordance with section 32 30 815.11: 32 31 .................................................. $ 16,722,224 32 32 Sec. 37. BOARD OF PAROLE. There is appropriated from the 32 33 general fund of the state to the board of parole for the fiscal 32 34 year beginning July 1, 2018, and ending June 30, 2019, the 32 35 following amount, or so much thereof as is necessary, to be 33 1 used for the purposes designated: 33 2 For salaries, support, maintenance, and miscellaneous 33 3 purposes, and for not more than the following full=time 33 4 equivalent positions: 33 5 .................................................. $ 595,866 33 6 ............................................... FTEs 10.75 33 7 Sec. 38. DEPARTMENT OF PUBLIC DEFENSE. 33 8 1. There is appropriated from the general fund of the 33 9 state to the department of public defense, for the fiscal year 33 10 beginning July 1, 2018, and ending June 30, 2019, the following 33 11 amounts, or so much thereof as is necessary, to be used for the 33 12 purposes designated: 33 13 For salaries, support, maintenance, and miscellaneous 33 14 purposes, and for not more than the following full=time 33 15 equivalent positions: 33 16 .................................................. $ 3,111,662 33 17 ............................................... FTEs 248.00 33 18 2. The department of public defense may temporarily exceed 33 19 and draw more than the amount appropriated in this section and 33 20 incur a negative cash balance as long as there are receivables 33 21 of federal funds equal to or greater than the negative balance 33 22 and the amount appropriated in this section is not exceeded at 33 23 the close of the fiscal year. 33 24 Sec. 39. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 33 25 MANAGEMENT. 33 26 1. There is appropriated from the general fund of the state 33 27 to the department of homeland security and emergency management 33 28 for the fiscal year beginning July 1, 2018, and ending June 33 29 30, 2019, the following amounts, or so much thereof as is 33 30 necessary, to be used for the purposes designated: 33 31 For salaries, support, maintenance, and miscellaneous 33 32 purposes, and for not more than the following full=time 33 33 equivalent positions: 33 34 .................................................. $ 1,060,964 33 35 ............................................... FTEs 33.87 34 1 2. The department of homeland security and emergency 34 2 management may temporarily exceed and draw more than the amount 34 3 appropriated in this section and incur a negative cash balance 34 4 as long as there are receivables of federal funds equal to or 34 5 greater than the negative balance and the amount appropriated 34 6 in this section is not exceeded at the close of the fiscal 34 7 year. 34 8 Sec. 40. DEPARTMENT OF PUBLIC SAFETY. There is appropriated 34 9 from the general fund of the state to the department of public 34 10 safety for the fiscal year beginning July 1, 2018, and ending 34 11 June 30, 2019, the following amounts, or so much thereof as is 34 12 necessary, to be used for the purposes designated: 34 13 1. For the department's administrative functions, including 34 14 the criminal justice information system, and for not more than 34 15 the following full=time equivalent positions: 34 16 .................................................. $ 2,071,566 34 17 ............................................... FTEs 37.00 34 18 2. For the division of criminal investigation, including 34 19 the state's contribution to the peace officers' retirement, 34 20 accident, and disability system provided in chapter 97A in the 34 21 amount of the state's normal contribution rate, as defined in 34 22 section 97A.8, multiplied by the salaries for which the moneys 34 23 are appropriated, to meet federal fund matching requirements, 34 24 and for not more than the following full=time equivalent 34 25 positions: 34 26 .................................................. $ 6,795,272 34 27 ............................................... FTEs 160.00 34 28 The division of criminal investigation may employ two of 34 29 the three additional full=time equivalent positions authorized 34 30 pursuant to this subsection that are in excess of the number 34 31 of full=time equivalent positions authorized for the previous 34 32 fiscal year only if the division of criminal investigation 34 33 receives sufficient federal moneys to maintain employment for 34 34 the additional 2.00 full=time equivalent positions during the 34 35 current fiscal year. The division of criminal investigation 35 1 shall only employ the additional 2.00 full=time equivalent 35 2 positions in succeeding fiscal years if sufficient federal 35 3 moneys are received during each of those succeeding fiscal 35 4 years. 35 5 3. For the criminalistics laboratory fund created in 35 6 section 691.9: 35 7 .................................................. $ 151,173 35 8 4. a. For the division of narcotics enforcement, including 35 9 the state's contribution to the peace officers' retirement, 35 10 accident, and disability system provided in chapter 97A in the 35 11 amount of the state's normal contribution rate, as defined in 35 12 section 97A.8, multiplied by the salaries for which the moneys 35 13 are appropriated, to meet federal fund matching requirements, 35 14 and for not more than the following full=time equivalent 35 15 positions: 35 16 .................................................. $ 3,726,650 35 17 ............................................... FTEs 66.50 35 18 The division of narcotics enforcement may employ an 35 19 additional 1.00 full=time equivalent position authorized 35 20 pursuant to this lettered paragraph that is in excess of 35 21 the number of full=time equivalent positions authorized for 35 22 the previous fiscal year only if the division of narcotics 35 23 enforcement receives sufficient federal moneys to maintain 35 24 employment for the additional full=time equivalent position 35 25 during the current fiscal year. The division of narcotics 35 26 enforcement shall only employ the additional full=time 35 27 equivalent position in succeeding fiscal years if sufficient 35 28 federal moneys are received during each of those succeeding 35 29 fiscal years. 35 30 b. For the division of narcotics enforcement for undercover 35 31 purchases: 35 32 .................................................. $ 54,521 35 33 5. For the division of state fire marshal, for fire 35 34 protection services as provided through the state fire service 35 35 and emergency response council as created in the department, 36 1 and for the state's contribution to the peace officers' 36 2 retirement, accident, and disability system provided in chapter 36 3 97A in the amount of the state's normal contribution rate, 36 4 as defined in section 97A.8, multiplied by the salaries for 36 5 which the moneys are appropriated, and for not more than the 36 6 following full=time equivalent positions: 36 7 .................................................. $ 2,343,357 36 8 ............................................... FTEs 53.00 36 9 6. For the division of state patrol, for salaries, support, 36 10 maintenance, workers' compensation costs, and miscellaneous 36 11 purposes, including the state's contribution to the peace 36 12 officers' retirement, accident, and disability system provided 36 13 in chapter 97A in the amount of the state's normal contribution 36 14 rate, as defined in section 97A.8, multiplied by the salaries 36 15 for which the moneys are appropriated, and for not more than 36 16 the following full=time equivalent positions: 36 17 .................................................. $ 30,683,170 36 18 ............................................... FTEs 511.40 36 19 It is the intent of the general assembly that members of the 36 20 state patrol be assigned to patrol the highways and roads in 36 21 lieu of assignments for inspecting school buses for the school 36 22 districts. 36 23 7. For deposit in the sick leave benefits fund established 36 24 under section 80.42 for all departmental employees eligible to 36 25 receive benefits for accrued sick leave under the collective 36 26 bargaining agreement: 36 27 .................................................. $ 139,759 36 28 8. For costs associated with the training and equipment 36 29 needs of volunteer fire fighters: 36 30 .................................................. $ 412,760 36 31 a. Notwithstanding section 8.33, moneys appropriated in 36 32 this subsection that remain unencumbered or unobligated at the 36 33 close of the fiscal year shall not revert but shall remain 36 34 available for expenditure only for the purpose designated in 36 35 this subsection until the close of the succeeding fiscal year. 37 1 b. Notwithstanding section 8.39, the department of public 37 2 safety may reallocate moneys appropriated in this section 37 3 as necessary to best fulfill the needs provided for in the 37 4 appropriation. However, the department shall not reallocate 37 5 moneys appropriated to the department in this section unless 37 6 notice of the reallocation is given to the legislative services 37 7 agency and the department of management prior to the effective 37 8 date of the reallocation. The notice shall include information 37 9 regarding the rationale for reallocating the moneys. The 37 10 department shall not reallocate moneys appropriated in this 37 11 section for the purpose of eliminating any program. 37 12 9. For the public safety interoperable and broadband 37 13 communications fund established in section 80.44: 37 14 .................................................. $ 57,831 37 15 10. For the office to combat human trafficking established 37 16 pursuant to section 80.45 as enacted by 2016 Iowa Acts, chapter 37 17 1077, section 1, including salaries, support, maintenance, 37 18 miscellaneous purposes, and for not more than the following 37 19 full=time equivalent positions: 37 20 .................................................. $ 75,000 37 21 ............................................... FTEs 2.00 37 22 11. For department=wide duties, including operations, 37 23 costs, and miscellaneous purposes: 37 24 .................................................. $ 917,487 37 25 Sec. 41. GAMING ENFORCEMENT. 37 26 1. There is appropriated from the gaming enforcement 37 27 revolving fund created in section 80.43 to the department of 37 28 public safety for the fiscal year beginning July 1, 2018, and 37 29 ending June 30, 2019, the following amount, or so much thereof 37 30 as is necessary, to be used for the purposes designated: 37 31 For any direct support costs for agents and officers of 37 32 the division of criminal investigation's excursion gambling 37 33 boat, gambling structure, and racetrack enclosure enforcement 37 34 activities, including salaries, support, maintenance, and 37 35 miscellaneous purposes, and for not more than the following 38 1 full=time equivalent positions: 38 2 .................................................. $ 4,872,636 38 3 ............................................... FTEs 73.00 38 4 2. For each additional license to conduct gambling games on 38 5 an excursion gambling boat, gambling structure, or racetrack 38 6 enclosure issued during the fiscal year beginning July 1, 2018, 38 7 there is appropriated from the gaming enforcement fund to the 38 8 department of public safety for the fiscal year beginning July 38 9 1, 2018, and ending June 30, 2019, an additional amount of not 38 10 more than $300,000 to be used for not more than 3.00 additional 38 11 full=time equivalent positions. 38 12 3. The department of public safety, with the approval of the 38 13 department of management, may employ no more than three special 38 14 agents for each additional riverboat or gambling structure 38 15 regulated after July 1, 2018, and three special agents for 38 16 each racing facility which becomes operational during the 38 17 fiscal year which begins July 1, 2018. Positions authorized 38 18 in this subsection are in addition to the full=time equivalent 38 19 positions otherwise authorized in this section. 38 20 Sec. 42. CIVIL RIGHTS COMMISSION. 38 21 1. There is appropriated from the general fund of the state 38 22 to the Iowa state civil rights commission for the fiscal year 38 23 beginning July 1, 2018, and ending June 30, 2019, the following 38 24 amount, or so much thereof as is necessary, to be used for the 38 25 purposes designated: 38 26 For salaries, support, maintenance, and miscellaneous 38 27 purposes, and for not more than the following full=time 38 28 equivalent positions: 38 29 .................................................. $ 578,531 38 30 ............................................... FTEs 30.00 38 31 2. The Iowa state civil rights commission may enter into 38 32 a contract with a nonprofit organization to provide legal 38 33 assistance to resolve civil rights complaints. 38 34 Sec. 43. CRIMINAL AND JUVENILE JUSTICE PLANNING DIVISION. 38 35 1. There is appropriated from the general fund of the state 39 1 to the criminal and juvenile justice planning division of the 39 2 department of human rights for the fiscal year beginning July 39 3 1, 2018, and ending June 30, 2019, the following amount or 39 4 so much thereof as is necessary, to be used for the purposes 39 5 designated: 39 6 For salaries, support, maintenance, and miscellaneous 39 7 purposes, and for not more than the following full=time 39 8 equivalent positions: 39 9 .................................................. $ 593,917 39 10 ............................................... FTEs 9.56 39 11 2. The criminal and juvenile justice planning advisory 39 12 council and the juvenile justice advisory council shall 39 13 coordinate their efforts in carrying out their respective 39 14 duties relative to juvenile justice. 39 15 Sec. 44. DEPARTMENT OF HOMELAND SECURITY AND EMERGENCY 39 16 MANAGEMENT. There is appropriated from the E911 emergency 39 17 communications fund created in section 34A.7A to the department 39 18 of homeland security and emergency management for the fiscal 39 19 year beginning July 1, 2018, and ending June 30, 2019, the 39 20 following amount, or so much thereof as is necessary, to be 39 21 used for the purposes designated: 39 22 For implementation, support, and maintenance of the 39 23 functions of the administrator and program manager under 39 24 chapter 34A and to employ the auditor of the state to perform 39 25 an annual audit of the E911 emergency communications fund: 39 26 .................................................. $ 125,000 39 27 EXPLANATION 39 28 The inclusion of this explanation does not constitute agreement with 39 29 the explanation's substance by the members of the general assembly. 39 30 This bill relates to and makes appropriations to the justice 39 31 system. The bill is organized by divisions. 39 32 FY 2017=2018 APPROPRIATIONS. The bill makes appropriations 39 33 from the general fund of the state for fiscal year 2017=2018 to 39 34 the departments of justice, corrections, public defense, public 39 35 safety, and homeland security and emergency management, and 40 1 the Iowa law enforcement academy, office of the state public 40 2 defender, board of parole, Iowa state civil rights commission, 40 3 and the criminal and juvenile justice planning division of the 40 4 department of human rights. 40 5 The bill appropriates moneys from the consumer education and 40 6 litigation fund to the department of justice for farm mediation 40 7 services for fiscal year 2017=2018. 40 8 The bill appropriates moneys from the department of commerce 40 9 revolving fund to the office of consumer advocate of the 40 10 department of justice for fiscal year 2017=2018. 40 11 The bill also appropriates moneys from the gaming 40 12 enforcement revolving fund to the department of public safety 40 13 for fiscal year 2017=2018. 40 14 The bill appropriates moneys from the wireless E911 40 15 emergency communications fund to the department of homeland 40 16 security and emergency management for fiscal year 2017=2018. 40 17 The bill provides that moneys appropriated to the veterans 40 18 trust fund established in Code section 35A.13 may be used, upon 40 19 a majority vote of the commission of veterans affairs, for 40 20 expenses related to survivor outreach supported by the Iowa 40 21 department of public defense. 40 22 The bill creates new Code section 80B.19 establishing the 40 23 Iowa law enforcement academy internal training clearing fund. 40 24 The bill provides that the activities of the academy shall be 40 25 accounted for within the general fund of the state, except 40 26 the academy may establish and maintain an internal training 40 27 clearing fund in accordance with generally accepted accounting 40 28 principles for activities of the academy which are primarily 40 29 from billings to governmental entities for services rendered by 40 30 the academy. The proceeds of the internal training clearing 40 31 fund shall be used by the academy and expended through the 40 32 appropriated account of the academy for the operations of the 40 33 academy. 40 34 The bill makes additional appropriations to the department 40 35 of public safety and the department of corrections for 41 1 department=wide duties. 41 2 The bill provides that an unsecured appearance bond for 41 3 state or local traffic violations, and for scheduled violations 41 4 under Code sections 805.8A, 805.8B, and 805.8C shall equal one 41 5 and one=half times the minimum fine and applicable surcharge, 41 6 plus court costs. Current law provides that the unsecured 41 7 appearance bond shall equal one and one=half times the minimum 41 8 fine plus court costs. An unsecured appearance bond is an 41 9 agreement by the defendant that if the defendant fails to 41 10 appear in person or by counsel to defend against the charge, 41 11 the court is authorized to enter a conviction and render 41 12 judgment against the defendant for the amount of the appearance 41 13 bond in satisfaction of the penalty plus court costs. 41 14 The bill extends the fiscal period for increasing the 41 15 appropriations from the consumer education and litigation fund 41 16 in Code section 714.16C to June 30, 2019. Under current law, 41 17 the increased appropriations from the consumer education and 41 18 litigation fund expire on June 30, 2018. 41 19 The bill repeals a provision requiring that the Rockwell 41 20 City correctional institution be utilized as a medium security 41 21 correctional facility for men. 41 22 The bill repeals a provision requiring that the Mount 41 23 Pleasant correctional facility be utilized as a medium security 41 24 facility for men primarily for treatment of inmates who exhibit 41 25 treatable personality disorders, with or without accompanying 41 26 history of drug or alcohol abuse. 41 27 The bill repeals a provision requiring that the Clarinda 41 28 correctional facility be utilized as a secure men's 41 29 correctional facility primarily for offenders with chemical 41 30 dependence, an intellectual disability, or mental illness. 41 31 The bill repeals a provision specifying that the Newton 41 32 correctional facility may include a minimum security facility 41 33 and a violator facility. 41 34 FY 2018=2019 APPROPRIATIONS. The bill makes appropriations 41 35 from the general fund of the state for fiscal year 2018=2019 to 42 1 the departments of justice, corrections, public defense, public 42 2 safety, and homeland security and emergency management, and 42 3 the Iowa law enforcement academy, office of the state public 42 4 defender, board of parole, Iowa state civil rights commission, 42 5 and the criminal and juvenile justice planning division of the 42 6 department of human rights. 42 7 The bill appropriates moneys from the department of commerce 42 8 revolving fund to the office of consumer advocate of the 42 9 department of justice for fiscal year 2018=2019. 42 10 The bill also appropriates moneys from the gaming 42 11 enforcement revolving fund to the department of public safety 42 12 for fiscal year 2018=2019. 42 13 The bill appropriates moneys from the wireless E911 42 14 emergency communications fund to the department of homeland 42 15 security and emergency management for fiscal year 2018=2019. 42 16 The bill repeals a provision specifying that the Newton 42 17 correctional facility may include a minimum security facility 42 18 and a violator facility. 42 19 The bill makes additional appropriations to the department 42 20 of public safety and the department of corrections for 42 21 department=wide duties. LSB 1051HV (1) 87 jm/rn
