Relating to domestic abuse risk assessment and deterrence

The bill requires that if a person has been arrested for committing domestic abuse assault, prior to the release of the person, the police department or sheriff’s office responsible for the person’s arrest shall perform a risk assessment of the person based on rules adopted by the department of justice. Upon completion of the risk assessment, the police department or sheriff’s office shall transmit the risk assessment to the appropriate judicial district department of correctional services. Under current law, judicial district departments of correctional services provide mandatory treatment and training to a person convicted of, or receiving a deferred judgment for, domestic abuse assault. The bill requires the department of justice to adopt rules to create a risk classification system in order to categorize the potential threat a primary physical aggressor identified by the peace officer poses to an abused person. Categories of risk shall be established based on the number of the primary physical aggressor’s previous and current domestic abuse assault convictions; the number of times the primary physical aggressor has violated a temporary, emergency, or protective order issued pursuant to Code chapter 236 (domestic abuse); whether the primary physical aggressor has been convicted of a felony; whether the primary physical aggressor has been convicted of illegally using, carrying, or possessing a dangerous weapon; and the number of offenses committed by the primary physical aggressor in other jurisdictions that are substantially similar to the offenses listed in the bill. The bill also requires rules adopted by the department to require that a peace officer or law enforcement agency make reasonable efforts to obtain information from other state jurisdictions that may be pertinent in performing a risk assessment. The bill directs the department of justice to prepare, for the purpose of dissemination to a domestic abuse victim, informational materials intended to address root causes of domestic abuse, deter further domestic abuse, and offer support. Information contained in the materials shall include but not be limited to financial assistance that may be available to a victim and general application information; mental health services that may be available to a victim and contact information for those services; victim abuse and rehabilitation services and contact information for those services; information pertaining to Iowa legal aid and contact information for Iowa legal aid; and general information regarding services and benefits that may be available to a victim through the department of human services. The bill also requires the department to adopt rules that determine when a victim shall receive informational materials. The bill directs the department of justice to prepare, for the purpose of dissemination to a domestic abuse primary physical aggressor identified by a peace officer, informational materials intended to address root causes of domestic abuse and deter further domestic abuse. Information contained in the materials shall include but not be limited to financial assistance that may be available to a primary physical aggressor and general application information; employment services and work programs that may be available to a primary physical aggressor and contact information for those services and programs; mental health and substance abuse services that may be available to a primary physical aggressor and a general explanation of how to request those services; housing assistance that may be available to a primary physical aggressor and general application information; family counseling services that may be available to a primary physical aggressor and contact information for those services; community mentoring services that may be available to a primary physical aggressor and contact information for those services; and a summary of the consequences a primary physical aggressor may face for violating any temporary, emergency, or protective order. The bill also requires the department to adopt rules that determine when a primary physical aggressor shall receive informational materials. The bill also requires, if a primary physical aggressor was arrested by a peace officer based on the peace officer’s belief that the primary physical aggressor committed domestic abuse assault, for a primary physical aggressor to report to a judicial district department of correctional services after release to receive informational materials. The bill requires the department of justice to establish a system of best practices for enhanced precautions based on a primary physical aggressor’s risk assessment. The bill directs the department of justice to consult and cooperate with all public and private agencies to provide training, education, and guidance to a primary physical aggressor for the purpose of identifying and resolving possible causes of domestic abuse and deterring further abuse.