Senate Study Bill 1265 - Introduced
                                  SENATE FILE _____
                                  BY (PROPOSED COMMITTEE ON
                                      APPROPRIATIONS BILL BY
                                      CHAIRPERSON KRAAYENBRINK)
                            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:
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 1                              DIVISION I
 2                             FY 2021-2022
 3                            APPROPRIATIONS
 4      Section 1. DEPARTMENT OF JUSTICE.
 5      1. There is appropriated from the general fund of the state
 6   to the department of justice for the fiscal year beginning July
 7   1, 2021, and ending June 30, 2022, the following amounts, or
 8   so much thereof as is necessary, to be used for the purposes
 9   designated:
10      a. For the general office of attorney general for
11   salaries, support, maintenance, and miscellaneous purposes,
12   including the prosecuting attorneys training program, matching
13   funds for federal violence against women grant programs,
14   victim assistance grants, the office of drug control policy
15   prosecuting attorney program, and odometer fraud enforcement,
16   and for not more than the following full-time equivalent
17   positions:
18   .................................................. $ 6,006,268
19   ............................................... FTEs      213.00
20      As a condition of receiving the appropriation provided
21   in this lettered paragraph, the department of justice shall
22   maintain a record of the estimated time incurred representing
23   each agency or department.
24      The general office of attorney general may temporarily
25   exceed and draw more than the amount appropriated in this
26   lettered paragraph and incur a negative cash balance as long
27   as there are receivables equal to or greater than the negative
28   balances and the amount appropriated in this lettered paragraph
29   is not exceeded at the close of the fiscal year.
30      b. For victim assistance grants:
31   .................................................. $ 5,016,708
32      The moneys appropriated in this lettered paragraph shall be
33   used to provide grants to care providers providing services to
34   crime victims of domestic abuse or to crime victims of rape and
35   sexual assault.
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 1      The balance of the victim compensation fund established
 2   in section 915.94 may be used to provide salary and support
 3   of not more than 24.00 full-time equivalent positions and to
 4   provide maintenance for the victim compensation functions
 5   of the department of justice. In addition to the full-time
 6   equivalent positions authorized pursuant to this paragraph,
 7   7.00 full-time equivalent positions are authorized and shall
 8   be used by the department of justice to employ one accountant
 9   and four program planners. The department of justice may
10   employ the additional 7.00 full-time equivalent positions
11   authorized pursuant to this paragraph that are in excess of the
12   number of full-time equivalent positions authorized only if
13   the department of justice receives sufficient federal moneys
14   to maintain employment for the additional full-time equivalent
15   positions during the current fiscal year. The department
16   of justice shall only employ the additional 7.00 full-time
17   equivalent positions in succeeding fiscal years if sufficient
18   federal moneys are received during each of those succeeding
19   fiscal years.
20      The department of justice shall transfer at least $150,000
21   from the victim compensation fund established in section 915.94
22   to the victim assistance grant program established in section
23   13.31.
24      Notwithstanding section 8.33, moneys appropriated in this
25   lettered paragraph that remain unencumbered or unobligated at
26   the close of the fiscal year shall not revert but shall remain
27   available for expenditure for the purposes designated until the
28   close of the succeeding fiscal year.
29      c. For legal services for persons in poverty grants as
30   provided in section 13.34:
31   .................................................. $ 2,634,601
32      2. a. The department of justice, in submitting budget
33   estimates for the fiscal year beginning July 1, 2022, pursuant
34   to section 8.23, shall include a report of funding from sources
35   other than amounts appropriated directly from the general fund
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 1   of the state to the department of justice or to the office of
 2   consumer advocate. These funding sources shall include but
 3   are not limited to reimbursements from other state agencies,
 4   commissions, boards, or similar entities, and reimbursements
 5   from special funds or internal accounts within the department
 6   of justice. The department of justice shall also report actual
 7   reimbursements for the fiscal year beginning July 1, 2020,
 8   and actual and expected reimbursements for the fiscal year
 9   beginning July 1, 2021.
10      b. The department of justice shall include the report
11   required under paragraph “a”, as well as information regarding
12   any revisions occurring as a result of reimbursements actually
13   received or expected at a later date, in a report to the
14   general assembly. The department of justice shall submit the
15   report on or before January 15, 2022.
16      3. a. The department of justice shall fully reimburse
17   the costs and necessary related expenses incurred by the Iowa
18   law enforcement academy to continue to employ one additional
19   instructor position who shall provide training for human
20   trafficking-related issues throughout the state.
21      b. The department of justice shall obtain the moneys
22   necessary to reimburse the Iowa law enforcement academy to
23   employ such an instructor from unrestricted moneys from either
24   the victim compensation fund established in section 915.94, the
25   human trafficking victim fund established in section 915.95, or
26   the human trafficking enforcement fund established in 2015 Iowa
27   Acts, chapter 138, section 141.
28      Sec. 2. OFFICE OF CONSUMER ADVOCATE. There is appropriated
29   from the department of commerce revolving fund created in
30   section 546.12 to the office of consumer advocate of the
31   department of justice for the fiscal year beginning July 1,
32   2021, and ending June 30, 2022, the following amount, or so
33   much thereof as is necessary, to be used for the purposes
34   designated:
35      For salaries, support, maintenance, and miscellaneous
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 1   purposes, and for not more than the following full-time
 2   equivalent positions:
 3   .................................................. $ 3,137,588
 4   ............................................... FTEs       22.00
 5      Sec. 3. DEPARTMENT OF CORRECTIONS —— FACILITIES.
 6      1. There is appropriated from the general fund of the state
 7   to the department of corrections for the fiscal year beginning
 8   July 1, 2021, and ending June 30, 2022, the following amounts,
 9   or so much thereof as is necessary, to be used for the purposes
10   designated:
11      a. For the operation of the Fort Madison correctional
12   facility, including salaries, support, maintenance, and
13   miscellaneous purposes:
14   .................................................. $ 41,647,701
15      b. For the operation of the Anamosa correctional facility,
16   including salaries, support, maintenance, and miscellaneous
17   purposes:
18   .................................................. $ 32,868,225
19      c. For the operation of the Oakdale correctional facility,
20   including salaries, support, maintenance, and miscellaneous
21   purposes:
22   .................................................. $ 62,610,335
23      d. For the operation of the Newton correctional facility,
24   including salaries, support, maintenance, and miscellaneous
25   purposes:
26   .................................................. $ 28,818,686
27      e. For the operation of the Mount Pleasant correctional
28   facility, including salaries, support, maintenance, and
29   miscellaneous purposes:
30   .................................................. $ 26,177,884
31      f. For the operation of the Rockwell City correctional
32   facility, including salaries, support, maintenance, and
33   miscellaneous purposes:
34   .................................................. $ 10,623,767
35      g. For the operation of the Clarinda correctional facility,
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 1   including salaries, support, maintenance, and miscellaneous
 2   purposes:
 3   .................................................. $ 25,132,431
 4      Moneys received by the department of corrections as
 5   reimbursement for services provided to the Clarinda youth
 6   corporation are appropriated to the department and shall be
 7   used for the purpose of operating the Clarinda correctional
 8   facility.
 9      h. For the operation of the Mitchellville correctional
10   facility, including salaries, support, maintenance, and
11   miscellaneous purposes:
12   .................................................. $ 23,483,038
13      i. For the operation of the Fort Dodge correctional
14   facility, including salaries, support, maintenance, and
15   miscellaneous purposes:
16   .................................................. $ 30,324,956
17      j. For reimbursement of counties for temporary confinement
18   of prisoners, as provided in sections 901.7, 904.908, and
19   906.17, and for offenders confined pursuant to section 904.513:
20   .................................................. $ 1,082,635
21      k. For federal prison reimbursement, reimbursements for
22   out-of-state placements, and miscellaneous contracts:
23   .................................................. $     234,411
24      2. The department of corrections shall use moneys
25   appropriated in subsection 1 to continue to contract for the
26   services of a Muslim imam and a Native American spiritual
27   leader.
28      Sec. 4. DEPARTMENT OF CORRECTIONS —— ADMINISTRATION.
29   There is appropriated from the general fund of the state to the
30   department of corrections for the fiscal year beginning July
31   1, 2021, and ending June 30, 2022, the following amounts, or
32   so much thereof as is necessary, to be used for the purposes
33   designated:
34      1. For general administration, including salaries and the
35   adjustment of salaries throughout the department, support,
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 1   maintenance, employment of an education director to administer
 2   a centralized education program for the correctional system,
 3   and miscellaneous purposes:
 4   .................................................. $ 5,473,325
 5      a. It is the intent of the general assembly that each
 6   lease negotiated by the department of corrections with a
 7   private corporation for the purpose of providing private
 8   industry employment of inmates in a correctional institution
 9   shall prohibit the private corporation from utilizing inmate
10   labor for partisan political purposes for any person seeking
11   election to public office in this state and that a violation
12   of this requirement shall result in a termination of the lease
13   agreement.
14      b. It is the intent of the general assembly that as a
15   condition of receiving the appropriation provided in this
16   subsection the department of corrections shall not enter into
17   a lease or contractual agreement pursuant to section 904.809
18   with a private corporation for the use of building space for
19   the purpose of providing inmate employment without providing
20   that the terms of the lease or contract establish safeguards to
21   restrict, to the greatest extent feasible, access by inmates
22   working for the private corporation to personal identifying
23   information of citizens.
24      2. For educational programs for inmates at state penal
25   institutions:
26   .................................................. $ 2,608,109
27      a. To maximize the funding for educational programs,
28   the department shall establish guidelines and procedures to
29   prioritize the availability of educational and vocational
30   training for inmates based upon the goal of facilitating an
31   inmate’s successful release from the correctional institution.
32      b. The director of the department of corrections may
33   transfer moneys from Iowa prison industries and the canteen
34   operating funds established pursuant to section 904.310, for
35   use in educational programs for inmates.
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 1      c. Notwithstanding section 8.33, moneys appropriated in
 2   this subsection that remain unencumbered or unobligated at the
 3   close of the fiscal year shall not revert but shall remain
 4   available to be used only for the purposes designated in this
 5   subsection until the close of the succeeding fiscal year.
 6      3. For the development and operation of the Iowa corrections
 7   offender network (ICON) data system:
 8   .................................................. $ 2,000,000
 9      4. For offender mental health and substance abuse
10   treatment:
11   .................................................. $       28,065
12      5. For department-wide duties, including operations, costs,
13   and miscellaneous purposes:
14   .................................................. $ 5,950,000
15      Sec. 5. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL
16   SERVICES.
17      1. There is appropriated from the general fund of the state
18   to the department of corrections for the fiscal year beginning
19   July 1, 2021, and ending June 30, 2022, for salaries, support,
20   maintenance, and miscellaneous purposes, the following amounts,
21   or so much thereof as is necessary, to be used for the purposes
22   designated:
23      a. For the first judicial district department of
24   correctional services:
25   .................................................. $ 15,219,261
26      It is the intent of the general assembly that the first
27   judicial district department of correctional services maintains
28   the drug courts operated by the district department.
29      b. For the second judicial district department of
30   correctional services:
31   .................................................. $ 11,758,160
32      It is the intent of the general assembly that the second
33   judicial district department of correctional services maintains
34   two drug courts to be operated by the district department.
35      c. For the third judicial district department of
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 1   correctional services:
 2   .................................................. $ 7,324,425
 3      d. For the fourth judicial district department of
 4   correctional services:
 5   .................................................. $ 5,815,391
 6      e. For the fifth judicial district department of
 7   correctional services, including funding for electronic
 8   monitoring devices for use on a statewide basis:
 9   .................................................. $ 22,008,023
10      It is the intent of the general assembly that the fifth
11   judicial district department of correctional services maintains
12   the drug court operated by the district department.
13      f. For the sixth judicial district department of
14   correctional services:
15   .................................................. $ 15,069,674
16      It is the intent of the general assembly that the sixth
17   judicial district department of correctional services maintains
18   the drug court operated by the district department.
19      g. For the seventh judicial district department of
20   correctional services:
21   .................................................. $ 8,013,609
22      It is the intent of the general assembly that the seventh
23   judicial district department of correctional services maintains
24   the drug court operated by the district department.
25      h. For the eighth judicial district department of
26   correctional services:
27   .................................................. $ 8,547,829
28      2. There is appropriated from the general fund of the state
29   to the department of corrections for the fiscal year beginning
30   July 1, 2021, and ending June 30, 2022, the following amount,
31   or so much thereof as is necessary, to be used for the purposes
32   designated:
33      For statewide judicial assistance, support, and pilot
34   projects for judicial district departments of correctional
35