Bills › 88th General Assembly
Relating to the criminal elements for the commission of sexual misconduct with offenders, and providing penalties
Sponsored by the House Public Safety Committee
Where it is now
- Done: IntroducedFebruary 14, 2019
- Done: SubcommitteeJanuary 21, 2020
- Done: House committeeApril 4, 2019
- Stopped: Passes the HouseDied when the General Assembly ended
- Skipped: Senate committeeSkipped
- Done: Passes the SenateMarch 18, 201948–0
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2020 session adjourned on June 14, 2020, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
This bill relates to the criminal elements and penalties for the commission of sexual misconduct with offenders. The bill raises the criminal penalty from an aggravated misdemeanor to a class “D” felony for a peace officer, officer, employee, contractor, vendor, volunteer, or agent of the department of corrections who engages in a sex act with an inmate committed to the custody of the department of corrections, if such a person has specific and actual knowledge the inmate is committed to the custody of the department.
Read the full explanation
The bill raises the criminal penalty from an aggravated misdemeanor to a class “D” felony for an officer, employee, or agent of a judicial district department of correctional services who engages in a sex act with an individual under supervision of a judicial district department, with specific and actual knowledge the person is under supervision. An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250. A class “D” felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500.2. A special sentence is a punishment in addition to the punishment for the underlying criminal offense by committing the person into the custody of the director of the Iowa department of corrections for a period of years. A person serving a special sentence begins the sentence as if on parole or work release but the sentence is subject to a revocation of release for up to two years for a first revocation and five years for any second or subsequent revocation.103.
House subcommittee
Named January 21, 2020. Meeting: Monday, January 27 · 12:30 PM · House Lounge.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Fiscal note
AI summary This bill increases the criminal penalty for certain sexual misconduct offenses involving offenders and juveniles from an aggravated misdemeanor to a Class D felony. The fiscal impact is estimated to be minimal due to the low number of convictions for this offense. The estimated additional cost to the state for one conviction is between $4,400 and $6,700.2
Read the fiscal note
Description
House File 2505 relates to the criminal elements and penalties for the commission of sexual misconduct with offenders and juveniles. The Bill raises the criminal penalty from an aggravated misdemeanor to a Class D felony for the following offenses:
- Any peace officer, or an officer, employee, contractor, vendor, volunteer, or agent of the Department of Corrections (DOC) who engages in a sex act with an individual committed to the custody of the DOC and has specific and actual knowledge the individual is committed to the custody of the DOC.
- Any officer, employee, or agent of a judicial district of the department of correctional services who engages in a sex act with an individual committed to the custody of the judicial district of the department of correctional services and has specific and actual knowledge the person is committed to the custody of the department.
- Any peace officer, employee, contractor, vendor, volunteer, or agent of a juvenile placement facility who engages in a sex act with a juvenile placed at such a facility.
- Any peace officer, or an officer, employee, contractor, vendor, volunteer, or agent of a county who engages in a sex act with a prisoner incarcerated in a county jail.
Background
An aggravated misdemeanor is punishable by confinement for no more than two years and a fine of at least $625 but not more than $6,250. A Class D felony is punishable by confinement for no more than five years and a fine of at least $750 but not more than $7,500. Currently, a person who violates Iowa Code section 709.16 is also subject to a special sentence under Iowa Code section 903B.2. A special sentence is a punishment in addition to the punishment for the underlying criminal offense that commits the person into the custody of the Director of the DOC for a period of 10 years. In addition, a person who commits an offense under Iowa Code section 709.16 is classified as a tier II sex offender under Iowa Code section 692A.102(1)(b)(12) and is required to register as a sex offender under Iowa Code section 692A.103.
In 2019, the DOC had 5 sexual misconduct cases substantiated. Two of these cases were referred to the county attorney and are pending prosecution.
Assumptions
- The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; prisoner length of stay; revocation rates; plea bargaining; and other criminal justice system policies and practices.
- A lag effect of six months is assumed from the effective date of this Bill to the date of first entry of affected offenders into the correctional system.
- Marginal costs for county jails cannot be estimated due to a lack of data. For purposes of this analysis, the marginal cost for county jails is assumed to be $50 per day.
Correctional Impact
The correctional impact of HF 2505 is estimated to be minimal. In FY 2019, there was one conviction under Iowa Code section 709.16. It is uncertain whether an individual who receives a Class D felony under this Bill will be incarcerated or placed under Community-Based Corrections (CBC) supervision.
Table 1 provides estimates for sentencing to State prison, parole, probation, or CBC residential facilities; length of stay (LOS) under those supervisions; and supervision marginal costs per day for all convictions of aggravated misdemeanors and Class D felonies in crimes involving sex offenses.
Table 1 — Sentencing Estimates and LOS Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 16, 2020, for information related to the correctional system.
Minority Impact
The minority impact of HF 2505 is estimated to be minimal based on the low number of convictions of this offense. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 15, 2020, for information related to minorities in the criminal justice system.
Fiscal Impact
The fiscal impact of HF 2505 is estimated to be minimal due to the low number of convictions of this offense. Table 2 provides estimates for the average State cost per offense class type and the estimated cost increase of raising the penalty from an aggravated misdemeanor to a Class D felony for one conviction. The estimates include operating costs incurred by the Judicial Branch, the State Public Defender, and the DOC. The cost would be incurred across multiple fiscal years for prison and parole supervision. Anticipated costs for additional supervision required under the special sentence are not included in this estimate. Table 2 — Estimated Cost Increase for HF 2505 ConvictionCost Increase Estimate
Offense Class Minimum Maximum
Class D Felony 10,000$ 14,700$ Aggravated Misdemeanor 5,600 8,000 Additional Cost per Conviction 4,400$ 6,700$Conviction
Offense Class
Percent
to Prison FY 19
Avg
Length of
Stay
Prison
(months) FY 19
Marginal
Cost/Day
Prison
FY 19
Avg
Length of
Stay
Parole
(months) FY 19
Marginal
Cost/Day
Parole
Percent to
Probation
FY 19
Avg
Length of
Stay
Probation
(months) FY 19
Avg
Cost/Day
Probation
Percent to
CBC
Residential
Facility
FY 19
CBC
Marginal
Cost/Day
Percent to
County Jail
Avg Length
of Stay in
County Jail
Marginal
Cost/Day
Class D Felony
(Sex Offense) 85.0% 27.6 $20.38 5.0 $6.12 44.0% 35.9 $6.12 5.0% $12.58 25.0% N/A $50.00
Aggravated
Misdemeanor
(Sex Offense) 78.0% 9.3 $20.38 1.9 $6.12 56.0% 22.2 $6.12 4.0% $12.58 33.0% N/A $50.00
Sources
- Criminal and Juvenile Justice Planning Division, Department of Human Rights
- Department of Corrections
- Sexual Misconduct with Offenders · February 26, 2020
- Sexual Misconduct with Offenders · February 18, 2019