HOUSE REPUBLICAN STAFF ANALYSIS JUSTICE SYSTEMS APPROPRIATIONS

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Dwain Anderson
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1 HOUSE REPUBLICAN STAFF ANALYSIS Bill: House File 2450 (Previously HSB 677) Committee: Appropriations Floor Manager: Rep. Worthan Date: April 1, 2014 Staff: Amanda Freel (1-5230) House Sub: House Committee: House Floor: Senate Floor: Governor: PASSED March 19 (5-4) PASSED March 20 (14-11) JUSTICE SYSTEMS APPROPRIATIONS House File 2450 appropriates $554,376,308 in General Fund dollars for the Department of Justice, Civil Rights Commission, Department of Corrections, Public Defenders Office, Department of Human Rights, Iowa Law Enforcement Academy, Board of Parole, Department of Public Defense, and the Department of Public Safety in Fiscal Year This is an increase of $6,641,022 from FY13. The House Proposal is $4,399,707 above the Governors Recommendation. Justice Systems Budget- Total Appropriation HF 2450 vs Estimated Net Gov. Rec. HF 2450 Est FY 2014 $547,735,286 $549,976,601 $554,376,308 $6,641,022 DIVISION I FY APPROPRIATIONS Section 1- Department of Corrections -Facilities Of the amount appropriated in this paragraph, the Department of Corrections may use $500,000 for the remodel of the John Bennett facility and demolition of the existing farm bunkhouse. Money allocated in this paragraph remain unencumbered or unobligated at the close of the year shall not revert to the general fund and shall remain available until the close of the next fiscal year. Section 2-Effective Upon Enactment This division takes effect upon enactment

2 DIVISION II APPROPRIATIONS SECTION 3 Department of Justice A. Attorney General HF 2450 vs Estimated Net Gov. Rec. HF 2450 Est FY 2014 $7,989,905 $8,164,905 $7,989,905 $0 This subsection provides funding for the Attorney General and not more than 214 FTE s Intent of the General Assembly that the DOJ maintain a record of the estimated time incurred representing each agency or department. B. Victim Assistance Grants $6,734,400 $6,734,400 $6,337,024 -$397,376 This subsection provides funding for victim assistance grants. These grants are used for care providers who provide services to crime victims of domestic abuse and other crimes including rape and sexual assault. May be used for no more than 24 FTE s. The DOJ shall transfer at least $150,000 from the victim compensation fund to the victim assistance grant program C. Legal Services Poverty Grants $2,180,562 $2,400,000 $2,400,000 $219,483 This subsection provides money for legal service poverty grants The DOJ shall include a report that lists funds from other sources, other than the General Fund. DOJ shall include information regarding any revisions that occur as a result of reimbursements received or those expected to be received. The report shall be submitted on or before January 15, SECTION 4 Office of Consumer Advocate $3,137,588 $3,137,588 $3,137,588 $0 The money for the consumer advocate is not appropriated from the General Fund. It comes from the Department of Commerce Revolving Fund. No more than 22 FTE s 2

3 SECTION 5 Department of Corrections Facilities This section appropriates money for the Department of Corrections facilities, including salaries, support, maintenance and miscellaneous purposes. a. Fort Madison $43,135,932 $42,655,684 $42,655,684 -$480,248 b. Anamosa $32,943,488 $33,344,253 $33,344,253 $400,765 It is the intent of the General Assembly that the DOC keep open and manager Luster Heights. c. Oakdale $58,607,768 $59,132,786 $59,132,786 $525,018 d. Newton $27,146,108 $27,464,108 $27,464,108 $318,000 e. Mt. Pleasant $24,832,135 $24,982,135 $24,982,135 $150,000 f. Rockwell City $9,678,353 $9,728,353 $9,782,353 $50,000 g. Clarinda $25,259,319 $25,717,430 $25,717,430 $458,111 Money received by the DOC as reimbursement for services provided to the Clarinda Youth Corporation are appropriated to the DOC and shall be used for operating the Clarinda Prison. h. Mitchellville $21,617,466 $21,937,970 $21,937,970 $320,504 3

4 i. Fort Dodge $29,883,648 $29,989,648 $29,989,648 $106,000 j. Counties-For Temporary Confinement $1,075,092 $1,075,092 $1,075,092 $0 This allows for the reimbursement to counties for temporary confinement of work release and parole violators and other offenders. k. Federal Prison Reimbursement $484,411 $484,411 $484,411 $0 This allows for federal prison reimbursements for out of state placement and miscellaneous contracts. The DOC Shall use money appropriated in subsection 1 to continue to contract for services of a Muslim imam and a Native American Spiritual Leader. SECTION 6 Department of Corrections Administration This section provides funding for the Administration of the Department of Corrections 1. General Administration $5,093,810 $5,270,010 $5,270,010 $176,200 a. Inmate labor cannot be used for partsian political purposes for any person seeking office. b. DOC shall not enter in to a lease to contract with a private corporation without ensuring inmates cannot gain personal identifying information of citizens. 2. Educational Programs $2,608,109 $2,608,109 $2,608,109 $0 a. DOC shall establish guidelines and procedures to prioritize the availability of educational and vocational training for inmates based on the goal of facilitating an inmate s successful release. 4

5 b. DOC may transfer money from Iowa Prison Industries and canteen operating funds for use in educational programs. c. Moneys appropriated in this subsection that are not spent at the close of the fiscal year shall not revert to the general fund. d. Money appropriated in this subsection shall be used solely for the purposes indicated, DOC shall consult with Community Colleges in the area to utilize money to fund high school completion, high school equivalency diplomas, adult literacy, adult basic education. 3. Iowa Corrections Offender Network (ICON) $2,000,000 $2,000,000 $2,000,000 $0 4. Offender Mental Health and Substance Abuse $22,319 $22,319 $22,319 $0 5. Viral Hepatitis Prevention and Treatment $167,881 $0 $0 -$167, Corrections Operations $2,571,309 $0 $0 -$2,571, DOC Shall continue to operate correctional farms and provide opportunities for inmates to farm. SECTION 7 Judicial District Departments of Correctional Services 1. Appropriations for Salaries, support maintenance and miscellaneous purpose for Judicial District Department of Correctional Services. a. CBC District 1 $14,099,085 $14,653,677 $14,653,677 $554,592 b. CBC District 2 $10,870,425 $11,098,361 $11,098,361 $227,936 5

6 c. CBC District 3 $7,105,865 $7,241,257 $7,241,257 $135,392 d. CBC District 4 $5,495,309 $5,608,005 $5,608,005 $112,696 e. CBC District 5 $19,375,428 $19,817,516 $19,817,516 $442,088 Includes funding for electronic monitoring devices used on a statewide basis f. CBC District 6 $14,638,537 $14,833,623 $14,833,623 $195,086 g. CBC District 7 $7,609,781 $7,745,173 $7,745,173 $135,392 h. CBC District 8 $ 8,206,613 $8,133,194 $8,133,194 -$73, Each CBC shall continue programs and plans established to provide for intensive supervision, sex offender treatment, diversion of low risk offenders to the least restrictive sanctions, job development and expanded use of intermediate criminal sanctions. 3. Each CBC shall provide alternatives to prison. The alternatives shall ensure public safety while providing maximum rehabilitation to the offender. 4. Governor s office of drug control policy shall consider federal grants made to the DOC for the benefits of the eight judicial district departments of correctional services as local government grants. 5. DOC shall continue to contract with a judicial district department of correctional services to provide for the rental of electronic monitoring equipment, which shall be available state wide. 6

7 SECTION 8 Iowa Law Enforcement Academy ILEA $1,003,214 $1,003,214 $1,003,214 $0 For salaries, support, maintenance, miscellaneous purposes including training and technical assistance. No more than FTE s Intent of the General Assembly that the ILEA officer training for law enforcement officers in recognizing and responding to persons with Alzheimer s disease. ILEA may select at least 5 vehicles from the State Patrol that were going to be turned over to DAS for public auction, to be used by the academy. ILEA may incur a negative General Fund balance, as long as there are equal receivables coming into the Academy by the close of the fiscal year. SECTION 9 State Public Defender 1. State Public Defender $25,882,243 $25,882,243 $25,882,243 $0 No more than 221 FTE s 2. Indigent Defense $29,901,929 $29,901,929 $29,901,929 $0 This section provides for salaries, support, maintenance, and miscellaneous purposes for the State Public Defenders office. SECTION 10 Board of Parole Board of Parole $1,204,583 $1,204,583 $1,204,583 $0 No more than FTE s 7

8 SECTION 11 Department of Public Defense-Department of Homeland Security and Emergency Management 1. Military Division $6,554,478 $6,554,478 $6,554,478 $0 No more than FTE s. The military division may temporarily exceed and draw more than appropriated and incur a negative cash balance as long as there will be federal funds to avoid a year end negative balance. 2. The Department of Homeland Security and Emergency Management $2,229,623 $2,629,623 $2,629,623 $400,000 No more than FTE s The Department of Homeland Security and Emergency Management may temporarily exceed and draw more than appropriated and incur a negative cash balance as long as there will be federal funds to avoid a year end negative balance. Intent of the general assembly that the Department of Homeland Security and Emergency Management work with DPS when gathering and analyzing information related to potential security threats. SECTION 12 Department of Public Safety 1. Public Safety Administration $4,154,349 $4,183,349 $4,183,349 $29,000 Not more than 39 FTE s 2. Division of Criminal Investigation $12,933,414 $13,625,414 $13,625,414 $692,000 Not more than FTEs 3. Criminalistics Laboratory Fund $302,345 $302,345 $302,345 $0 8

9 4. Division of Narcotics Enforcement $6,755,855 $6,919,855 $6,919,855 $164,000 Not more than FTE s b. Narcotics Enforcement for Undercover Purchases $109,042 $109,042 $109,042 $0 5. State Fire Marshall $4,470,556 $4,590,556 $4,590,556 $120,000 Not more than 53 FTE s 6. State Patrol $55,536,208 $56,698,208 $61,654,291 $6,109,083 Not more than 527 FTE s It is the intent of the General Assembly that the Department of Public Safety add additional State Patrol Officers to the current number of members as of July 1, 2014 Internet of the General Assembly that State Patrol Officers are used on the road and not for school bus inspection. 7. Public Safety Operations $1,700,000 $0 $0 -$1,700, Sick Leave Benefits Fund $279,517 $279,517 $279,517 $0 9. Firefighter Training $725,520 $825,520 $825,520 $100,000 9

10 a. Money appropriated in this subsection that remain unencumbered at the end of the fiscal year shall remain available for expenditures designated in this subsection until the close of the next fiscal year. b. DPS may reallocate money appropriated in this section as necessary to fulfill the needs for this appropriation. However, the department shall not reallocate money in this section unless notice is given to LSA and DOM prior to the reallocation. Notice shall include information regarding rationale for the reallocation. Money may not be reallocated to eliminate any program. 10. Public Safety Interoperable and Broadband Communications Fund $0 $154,661 $154,661 $154, Endangered Person Advisory Alert System $0 $0 $25,000 $25,000 For the review, training, information dissemination and implementation of the endangered person advisory alert system SECTION 13 Gaming Enforcement Gaming Enforcement $10,898,008 $10,898,008 $10,898,008 $0 1. Money appropriated is used for agents and officers in gaming structures in Iowa. No more than 109 FTE s. 2. For each additional license to conduct gambling in a structure, an additional $300,000 and no more than 3 FTE s appropriated from the gaming enforcement fund to the Department of Public Safety. 3. DPS, may employ no more than 3 special agents for each additional riverboat or gambling structure and three special agents for each racing facility that becomes operational during the fiscal year. Positions are in addition to the FTE positions otherwise authorized. SECTION 14 Civil Rights Commission Civil Rights Commission $1,299,247 $1,169,540 $ 1,169,540 -$129,707 Not more than 28 FTE s 10

11 The Iowa Civil Rights Commission may enter in to contract with a nonprofit organization to provide legal assistance to resolve civil rights complaints. SECTION 15 Criminal and Juvenile Justice Planning Criminal and Juvenile Justice $1,260,105 $1,100,105 $1,100,105 $-160,000 Not more than 10.38FTE s SECTION 16 Department of Homeland Security and Emergency Management Division This section appropriates $250,000 from the E911 emergency communication fund to be used for implementation, support and maintenance of the functions of the administrator program manager and to employ the auditor to performance an annual audit of the E911 emergency communication fund. DIVISION III Miscellaneous Provisions Section 17-Duties Attorney General The DOJ shall submit a report by January 15th of each year to the co-chairpersons and ranking members of the Justice Systems Budget and LSA. The report shall include annual money generated by each settlement, judgment or forfeiture collected. The report shall include the name of the fund which money was deposited and planned used for the money. The Attorney General shall provide documentation to the executive council before accepting any settlement on behalf of the state from a legal proceeding. The document shall include the name of the civil or criminal case, the court of jurisdiction, the proposed settlement amount including that state s share of the settlement and the name of the funds where money is deposited and the planned use of the funds. Section 18- Executive Council Approval Prior to Settlement The Executive Council must approve a settlement prior to the AG accepting such a settlement. Section 19- Victim Assistance Program-Payments Prior to paying a claim to a contractor who provides victim services for the victim assistance program, the DOJ shall file an itemized voucher with the DOM showing, in detail, the items of service, expense, items furnished, or contract for which payment is sought. The original invoice shall be attached do the DOJ approval order. The DOM shall adopt rules. DAS shall deny a claim if the voucher or invoice do not comply 11

12 Unless DAS exempts the DOJ, the invoice submitted for payment to a contractor providing victim services shall include the following: -Complete claim on an invoice form approved by the DOJ -Itemization of all work performed including the following as applicable: -Separate statement for the date and amount of time on each activity. Time reported in tenth or hundredths of an hour. -Separate statement for mileage including date traveled, location to and from, miles and route traveled. -Individual receipts for each reimbursement claim -Itemization shall be submitted in chronological order -Itemization shall be typed in 10 point font on standard paper DOJ shall deny a claim if they invoice does not comply. Claims submitted for service prior to the effective date of the contract with the DOJ shall be denied. Amendments H T. Taylor- Correctional Officers Adds $2 million for additional Correctional Officers to be added to the Department of Corrections H Dawson- 24/7 Sobriety Allows the Department of Public Health and DOC to approve a counties to participate in a pilot program for 24/7 Sobriety and Drug Monitoring. A person charged or convicted of a crime with a nexus to alcohol or drug abuse must abstain from alcohol or drugs for a period of time. While in the pilot program, a person is subject to testing for drugs or alcohol twice a day at a central location where an immediate sanction can be applied or by continuous or transdermal alcohol monitoring through an electronic monitor device. Programs begin January 15, Rules shall be adopted to implement this section. H Isenhart- Drug Courts Community Based Corrections in the First District, of the amount appropriated ($14,653,677), $189,200 shall be used to reestablish a drug court in Black Hawk County and to fund the Drug Court in Dubuque County H-8197 Worthan -Public Safety Peace Officers Retirement and Disability Adds cancer and Infectious diseases to the Public Safety Peace Officers Retirement, Accident and Disability System. 12

S S S1627-3

S S S1627-3 1.26 ARTICLE 1 1.27 APPROPRIATIONS 2.1 ARTICLE 1 2.2 APPROPRIATIONS S1627-3 1.30 ARTICLE 1 1.31 APPROPRIATIONS S0802-2 1.28 Section 1. SUMMARY OF APPROPRIATIONS. 2.3 Section 1. SUMMARY OF APPROPRIATIONS.