SSB 3032

Description

Senate File 2375 relates to the statute of limitations period for criminal and civil actions for sexual abuse in the first, second, or third degree; kidnapping; and human trafficking. The Bill allows an information or indictment in a criminal case, or a civil action for damages, for sexual abuse in the first, second, or third degree; kidnapping; or human trafficking, to commence at any time after the commission of the offense. The Bill provides that a civil action for sexual abuse offenses, other than sexual abuse in the first, second, or third degree, which occurred when the injured person was a child, but not discovered until after the injured person is the age of majority, shall be brought within four years from the time of discovery by the injured party of both the injury and the causal relationship between the injury and the sexual abuse.

Background

Under current law, in sexual abuse, kidnapping, and human trafficking cases, an injured person must bring a civil action for injuries suffered or an indictment or information must be filed within a certain statutory time period dependent upon certain circumstances including a victim’s age and whether an offender was identified through the use of a DNA profile. The penalties associated with the applicable offenses under this Bill range from a Class D to a Class A felony.

Assumptions

• The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; prisoner length of stay (LOS); 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 SF 2375 is unknown. Although it is known that sexual abuse is frequently underreported and victims often wait years to come forward, precise estimates of the impact of this legislation are not available. This Bill could result in an increase in convictions of the applicable offenses. Table 1 provides estimates for sentencing to State prison, parole, probation, or Community-Based Corrections (CBC) residential facilities; LOS under those supervisions; and supervision marginal costs per day for all convictions of Class B, C, and D felonies.

Table 1 — Sentencing Estimates 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 SF 2375 cannot be estimated due to the unknown number of convictions. In FY 2019, African Americans made up 3.6% of the adult population of the State of Iowa and 22.5% of convictions for sexual abuse in the 1st, 2nd, or 3rd degree in FY 2019. According to the Criminal and Juvenile Justice Planning Division, this exceeds the population proportion of the State, which would lead to a racial impact if it remains constant. Due to the low numbers of other minorities, the impact on those populations cannot be estimated. 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 SF 2375 cannot be estimated due to the unknown correctional impact. The Bill may result in some additional convictions. Table 2 provides cost estimates for the average State cost per conviction of a Class B, C, or D felony. The cost estimate includes operating costs incurred by the Judicial Branch, the State Public Defender, and the Department of Corrections for one conviction. The cost would be incurred across multiple fiscal years for prison and parole supervision.

Table 2 — Average State Cost per Offense Class Type

Offense Class Minimum Maximum

Class B Felony $15,500 $37,800 Class C Felony $11,600 $19,400 Class D Felony $10,000 $14,700 The State cost of Class A felonies must be calculated on an individual basis to determine prison costs. At a minimum, Class A felonies require two indigent defense attorneys at a cost of approximately $36,000 and include court time and jury trial costs ranging from $10,000 to $14,300.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 B Felony

(Sex Offense) 95.0% 176.6** $20.38 16.7 $6.12 18.0% 0 $6.12 2.0% $12.58 38.0% N/A $50.00

Class C Felony

(Sex Offense) 91.0% 58.9 $20.38 8.9 $6.12 31.0% 42.9 $6.12 8.0% $12.58 37.0% N/A $50.00

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

Source

• Criminal and Juvenile Justice Planning Division, Department of Human Rights