House File 861 - Enrolled
House File 861
AN ACT
RELATING TO APPROPRIATIONS TO THE JUSTICE SYSTEM, GAMBLING
REGULATORY FEES, AND CREATING A BUREAU OF CYBER-CRIME,
ESTABLISHING A DEPARTMENT OF CORRECTIONS SURVIVOR BENEFITS
FUND, AND INCLUDING EFFECTIVE DATE AND RETROACTIVE
APPLICABILITY PROVISIONS.
6 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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:
 House File 861, p. 2
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 .................................................. $ 6,361,238
19 ............................................... FTEs 215.00
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.
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
 House File 861, p. 3
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
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
 House File 861, p. 4
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
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 .................................................. $ 42,488,273
15 b. For the operation of the Anamosa correctional facility,
16 including salaries, support, maintenance, and miscellaneous
17 purposes:
18 .................................................. $ 35,868,225
19 c. For the operation of the Oakdale correctional facility,
20 including salaries, support, maintenance, and miscellaneous
21 purposes:
 House File 861, p. 5
22 .................................................. $ 63,688,978
23 d. For the operation of the Newton correctional facility,
24 including salaries, support, maintenance, and miscellaneous
25 purposes:
26 .................................................. $ 29,390,947
27 e. For the operation of the Mount Pleasant correctional
28 facility, including salaries, support, maintenance, and
29 miscellaneous purposes:
30 .................................................. $ 26,680,161
31 f. For the operation of the Rockwell City correctional
32 facility, including salaries, support, maintenance, and
33 miscellaneous purposes:
34 .................................................. $ 10,841,112
35 g. For the operation of the Clarinda correctional facility,
1 including salaries, support, maintenance, and miscellaneous
2 purposes:
3 .................................................. $ 25,647,227
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 .................................................. $ 23,979,152
13 i. For the operation of the Fort Dodge correctional
14 facility, including salaries, support, maintenance, and
15 miscellaneous purposes:
16 .................................................. $ 30,903,150
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
 House File 861, p. 6
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,
1 maintenance, employment of an education director to administer
2 a centralized education program for the correctional system,
3 and miscellaneous purposes:
4 .................................................. $ 5,558,227
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
 House File 861, p. 7
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.
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 .................................................. $ 10,079,991
15 Notwithstanding section 8.33, moneys appropriated in this
16 section that remain unencumbered or unobligated at the close of
17 the fiscal year shall not revert but shall remain available for
18 expenditure for the purposes designated until the close of the
19 succeeding fiscal year.
20 Sec. 5. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL
21 SERVICES.
22 1. There is appropriated from the general fund of the state
23 to the department of corrections for the fiscal year beginning
24 July 1, 2021, and ending June 30, 2022, for salaries, support,
25 maintenance, and miscellaneous purposes, the following amounts,
26 or so much thereof as is necessary, to be used for the purposes
27 designated:
28 a. For the first judicial district department of
29 correctional services:
30 .................................................. $ 15,553,865
31 It is the intent of the general assembly that the first
32 judicial district department of correctional services maintains
33 the drug courts operated by the district department.
 House File 861, p. 8
34 b. For the second judicial district department of
35 correctional services:
1 .................................................. $ 12,015,201
2 It is the intent of the general assembly that the second
3 judicial district department of correctional services maintains
4 two drug courts to be operated by the district department.
5 c. For the third judicial district department of
6 correctional services:
7 .................................................. $ 7,519,274
8 d. For the fourth judicial district department of
9 correctional services:
10 .................................................. $ 5,941,717
11 e. For the fifth judicial district department of
12 correctional services, including funding for electronic
13 monitoring devices for use on a statewide basis:
14 .................................................. $ 22,514,230
15 It is the intent of the general assembly that the fifth
16 judicial district department of correctional services maintains
17 the drug court operated by the district department.
18 f. For the sixth judicial district department of
19 correctional services:
20 .................................................. $ 15,431,664
21 It is the intent of the general assembly that the sixth
22 judicial district department of correctional services maintains
23 the drug court operated by the district department.
24 g. For the seventh judicial district department of
25 correctional services:
26 .................................................. $ 8,213,355
27 It is the intent of the general assembly that the seventh
28 judicial district department of correctional services maintains
29 the drug court operated by the district department.
30 h. For the eighth judicial district department of
31 correctional services:
32 .................................................. $ 8,761,954
33 2. There is appropriated from the general fund of the state
34 to the department of corrections for the fiscal year beginning
35 July 1, 2021, and ending June 30, 2022, the following amount,
1 or so much thereof as is necessary, to be used for the purposes
2 designated:
 House File 861, p. 9
3 For statewide judicial assistance, support, and pilot
4 projects for judicial district departments of correctional
5 services:
6 .................................................. $ 663,219
7 3. Each judicial district department of correctional
8 services, within the moneys available, shall continue programs
9 and plans established within that district to provide for
10 intensive supervision, sex offender treatment, diversion of
11 low-risk offenders to the least restrictive sanction available,
12 job development, and expanded use of intermediate criminal
13 sanctions.
14