Senate File 562 - Enrolled
Senate File 562
AN ACT
RELATING TO AND MAKING APPROPRIATIONS TO THE JUSTICE SYSTEM,
INCLUDING BY PROVIDING FOR PAYMENTS ASSOCIATED WITH INDIGENT
DEFENSE AND REPRESENTATION, THE FUNDING OF ACTIVITIES
RELATING TO CONSUMER FRAUD AND ANTITRUST, A CORRECTIONS
CAPITAL REINVESTMENT FUND, AN IOWA LAW ENFORCEMENT ACADEMY
STUDY, A HUMAN TRAFFICKING STUDY, AND THE FUNDING OF
PEACE OFFICER RETIREMENT, AND INCLUDING EFFECTIVE DATE AND
RETROACTIVE APPLICABILITY PROVISIONS.
9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 DIVISION I
2 FY 2023-2024 APPROPRIATIONS
3 Section 1. DEPARTMENT OF JUSTICE.
4 1. There is appropriated from the general fund of the state
5 to the department of justice for the fiscal year beginning July
6 1, 2023, and ending June 30, 2024, the following amounts, or
7 so much thereof as is necessary, to be used for the purposes
8 designated:
9 a. For the general office of attorney general for
10 salaries, support, maintenance, and miscellaneous purposes,
11 including the prosecuting attorneys training program, matching
12 funds for federal violence against women grant programs,
13 victim assistance grants, the office of drug control policy
14 prosecuting attorney program, and odometer fraud enforcement,
15 and for not more than the following full-time equivalent
16 positions:
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17 .................................................. $ 7,749,860
18 ............................................... FTEs 228.00
19 As a condition of receiving the appropriation provided
20 in this lettered paragraph, the department of justice shall
21 maintain a record of the estimated time incurred representing
22 each agency or department.
23 The general office of attorney general may temporarily
24 exceed and draw more than the amount appropriated in this
25 lettered paragraph and incur a negative cash balance as long
26 as there are receivables equal to or greater than the negative
27 balances and the amount appropriated in this lettered paragraph
28 is not exceeded at the close of the fiscal year.
29 b. For victim assistance grants:
30 .................................................. $ 5,016,708
31 The moneys appropriated in this lettered paragraph shall be
32 used to provide grants to care providers providing services to
33 crime victims of domestic abuse or to crime victims of rape and
34 sexual assault.
35 The balance of the victim compensation fund established
1 in section 915.94 may be used to provide salary and support
2 of not more than 24.00 full-time equivalent positions and to
3 provide maintenance for the victim compensation functions
4 of the department of justice. In addition to the full-time
5 equivalent positions authorized pursuant to this paragraph,
6 7.00 full-time equivalent positions are authorized and shall
7 be used by the department of justice to employ one accountant
8 and four program planners. The department of justice may
9 employ the additional 7.00 full-time equivalent positions
10 authorized pursuant to this paragraph that are in excess of the
11 number of full-time equivalent positions authorized only if
12 the department of justice receives sufficient federal moneys
13 to maintain employment for the additional full-time equivalent
14 positions during the current fiscal year. The department
15 of justice shall only employ the additional 7.00 full-time
16 equivalent positions in succeeding fiscal years if sufficient
17 federal moneys are received during each of those succeeding
18 fiscal years.
19 The department of justice shall transfer at least $150,000
20 from the victim compensation fund established in section 915.94
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21 to the victim assistance grant program established in section
22 13.31.
23 Notwithstanding section 8.33, moneys appropriated in this
24 lettered paragraph that remain unencumbered or unobligated at
25 the close of the fiscal year shall not revert but shall remain
26 available for expenditure for the purposes designated until the
27 close of the succeeding fiscal year.
28 c. For legal services for persons in poverty grants as
29 provided in section 13.34:
30 .................................................. $ 2,634,601
31 d. To improve the department of justice’s cybersecurity and
32 technology infrastructure:
33 .................................................. $ 202,060
34 2. a. The department of justice, in submitting budget
35 estimates for the fiscal year beginning July 1, 2024, pursuant
1 to section 8.23, shall include a report of funding from sources
2 other than amounts appropriated directly from the general fund
3 of the state to the department of justice or to the office of
4 consumer advocate. These funding sources shall include but
5 are not limited to reimbursements from other state agencies,
6 commissions, boards, or similar entities, and reimbursements
7 from special funds or internal accounts within the department
8 of justice. The department of justice shall also report actual
9 reimbursements for the fiscal year beginning July 1, 2022,
10 and actual and expected reimbursements for the fiscal year
11 beginning July 1, 2023.
12 b. The department of justice shall include the report
13 required under paragraph “a”, as well as information regarding
14 any revisions occurring as a result of reimbursements actually
15 received or expected at a later date, in a report to the
16 general assembly. The department of justice shall submit the
17 report on or before January 15, 2024.
18 3. a. The department of justice shall fully reimburse
19 the costs and necessary related expenses incurred by the Iowa
20 law enforcement academy to continue to employ one additional
21 instructor position who shall provide training for human
22 trafficking-related issues throughout the state.
23 b. The department of justice shall obtain the moneys
24 necessary to reimburse the Iowa law enforcement academy to
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25 employ such an instructor from unrestricted moneys from either
26 the victim compensation fund established in section 915.94 or
27 the human trafficking victim fund established in section 915.95
28 or the human trafficking enforcement fund established in 2015
29 Iowa Acts, chapter 138, section 141.
30 Sec. 2. OFFICE OF CONSUMER ADVOCATE. There is appropriated
31 from the commerce revolving fund created in section 546.12, as
32 amended by 2023 Iowa Acts, Senate File 514, to the office of
33 consumer advocate of the department of justice for the fiscal
34 year beginning July 1, 2023, and ending June 30, 2024, the
35 following amount, or so much thereof as is necessary, to be
1 used for the purposes designated:
2 For salaries, support, maintenance, and miscellaneous
3 purposes, and for not more than the following full-time
4 equivalent positions:
5 .................................................. $ 3,378,093
6 ............................................... FTEs 18.00
7 The office of consumer advocate shall include in its charges
8 assessed or revenues generated an amount sufficient to cover
9 the amount stated in its appropriation and any state-assessed
10 indirect costs determined by the department of administrative
11 services.
12 Sec. 3. DEPARTMENT OF CORRECTIONS —— FACILITIES.
13 1. There is appropriated from the general fund of the state
14 to the department of corrections for the fiscal year beginning
15 July 1, 2023, and ending June 30, 2024, the following amounts,
16 or so much thereof as is necessary, to be used for the purposes
17 designated:
18 a. For the operation of the Fort Madison correctional
19 facility, including salaries, support, maintenance, and
20 miscellaneous purposes:
21 .................................................. $ 44,192,771
22 b. For the operation of the Anamosa correctional facility,
23 including salaries, support, maintenance, and miscellaneous
24 purposes:
25 .................................................. $ 37,022,808
26 c. For the operation of the Oakdale correctional facility,
27 including salaries, support, maintenance, and miscellaneous
28 purposes:
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29 .................................................. $ 56,368,832
30 d. For the Oakdale correctional facility for
31 department-wide institutional pharmaceuticals and miscellaneous
32 purposes:
33 .................................................. $ 9,550,417
34 e. For the operation of the Newton correctional facility,
35 including salaries, support, maintenance, and miscellaneous
1 purposes:
2 .................................................. $ 30,437,665
3 f. For the operation of the Mount Pleasant correctional
4 facility, including salaries, support, maintenance, and
5 miscellaneous purposes:
6 .................................................. $ 28,642,429
7 g. For the operation of the Rockwell City correctional
8 facility, including salaries, support, maintenance, and
9 miscellaneous purposes:
10 .................................................. $ 11,090,142
11 h. For the operation of the Clarinda correctional facility,
12 including salaries, support, maintenance, and miscellaneous
13 purposes:
14 .................................................. $ 27,355,684
15 Moneys received by the department of corrections as
16 reimbursement for services provided to the Clarinda youth
17 corporation are appropriated to the department and shall be
18 used for the purpose of operating the Clarinda correctional
19 facility.
20 i. For the operation of the Mitchellville correctional
21 facility, including salaries, support, maintenance, and
22 miscellaneous purposes:
23 .................................................. $ 24,946,721
24 j. For the operation of the Fort Dodge correctional
25 facility, including salaries, support, maintenance, and
26 miscellaneous purposes:
27 .................................................. $ 32,742,479
28 k. For reimbursement of counties for temporary confinement
29 of prisoners, as provided in sections 901.7, 904.908, and
30 906.17, and for offenders confined pursuant to section 904.513:
31 .................................................. $ 1,195,319
32 l. For federal prison reimbursement, reimbursements for
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33 out-of-state placements, and miscellaneous contracts:
34 .................................................. $ 234,411
35 2. The department of corrections shall use moneys
1 appropriated in subsection 1 to continue to contract for the
2 services of a Muslim imam and a Native American spiritual
3 leader.
4 Sec. 4. DEPARTMENT OF CORRECTIONS —— ADMINISTRATION.
5 There is appropriated from the general fund of the state to the
6 department of corrections for the fiscal year beginning July
7 1, 2023, and ending June 30, 2024, the following amounts, or
8 so much thereof as is necessary, to be used for the purposes
9 designated:
10 1. For general administration, including salaries and the
11 adjustment of salaries throughout the department, support,
12 maintenance, employment of an education director to administer
13 a centralized education program for the correctional system,
14 and miscellaneous purposes:
15 .................................................. $ 6,313,331
16 a. It is the intent of the general assembly that each
17 lease negotiated by the department of corrections with a
18 private corporation for the purpose of providing private
19 industry employment of inmates in a correctional institution
20 shall prohibit the private corporation from utilizing inmate
21 labor for partisan political purposes for any person seeking
22 election to public office in this state and that a violation
23 of this requirement shall result in a termination of the lease
24 agreement.
25 b. It is the intent of the general assembly that as a
26 condition of receiving the appropriation provided in this
27 subsection the department of corrections shall not enter into
28 a lease or contractual agreement pursuant to section 904.809
29 with a private corporation for the use of building space for
30 the purpose of providing inmate employment without providing
31 that the terms of the lease or contract establish safeguards to
32 restrict, to the greatest extent feasible, access by inmates
33 working for the private corporation to personal identifying
34 information of citizens.
35 2. For educational programs for inmates at state penal
1 institutions:
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2 .................................................. $ 2,608,109
3 a. To maximize the funding for educational programs,
4 the department shall establish guidelines and procedures to
5 prioritize the availability of educational and vocational
6 training for inmates based upon the goal of facilitating an
7 inmate’s successful release from the correctional institution.
8 b. The director of the department of corrections may
9 transfer moneys from Iowa prison industries and the canteen
10 operating funds established pursuant to section 904.310, for
11 use in educational programs for inmates.
12 c. Notwithstanding section 8.33, moneys appropriated in
13 this subsection that remain unencumbered or unobligated at the
14 close of the fiscal year shall not revert but shall remain
15 available to be used only for the purposes designated in this
16 subsection until the close of the succeeding fiscal year.
17 3. For the development and operation of the Iowa corrections
18 offender network (ICON) data system:
19 .................................................. $ 2,000,000
20 4. For offender mental health and substance abuse
21 treatment:
22 .................................................. $ 28,065
23 5. For department-wide duties, including operations, costs,
24 and miscellaneous purposes:
25 .................................................. $ 12,974,108
26 Sec. 5. JUDICIAL DISTRICT DEPARTMENTS OF CORRECTIONAL
27 SERVICES.
28 1. There is appropriated from the general fund of the state
29 to the department of corrections for the fiscal year beginning
30 July 1, 2023, and ending June 30, 2024, for salaries, support,
31 maintenance, and miscellaneous purposes, the following amounts,
32 or so much thereof as is necessary, to be used for the purposes
33 designated:
34 a. For the first judicial district department of
35 correctional services:
1 .................................................. $ 16,207,339
2 It is the intent of the general assembly that the first
3 judicial district department of correctional services maintains
4 the drug courts operated by the district department.
5 b. For the second judicial district department of
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6 correctional services:
7 .................................................. $ 12,789,649
8 It is the intent of the general assembly that the second
9 judicial district department of correctional services maintains
10 two drug courts to be operated by the district department.
11 c. For the third judicial district department of
12 correctional services:
13 .................................................. $ 7,710,790
14 d. For the fourth judicial district department of
15 correctional services:
16 .................................................. $ 6,193,805
17 e. For the fifth judicial district department of
18 correctional services, including funding for electronic
19 monitoring devices for use on a statewide basis:
20 .................................................. $ 23,440,024
21 It is the intent of the general assembly that the fifth
22 judicial district department of correctional services maintains
23 the drug court operated by the district department.
24 f. For the sixth judicial district department of
25 correctional services:
26 .................................................. $ 16,755,370
27 It is the intent of the general assembly that the sixth
28 judicial district department of correctional services maintains
29 the drug court operated by the district department.
30 g. For the seventh judicial district department of
31 correctional services:
32 .................................................. $ 10,362,851
33 It is the intent of the general assembly that the seventh
34 judicial district department of correctional services maintains
35 the drug court operated by the district department.
1 h. For the eighth judicial district department of
2 correctional services:
3 .................................................. $ 9,238,778
4 2. Each judicial district department of correctional
5 services, within the moneys available, shall continue programs
6 and plans established within that district to provide for
7 intensive supervision, sex offender treatment, diversion of
8 low-risk offenders to the least restrictive sanction available,
9 job development, and expanded use of intermediate criminal