Relating to reports of child abuse, and sexual exploitation by a counselor, therapist, or school employee, and making penalties applicable

Description

House File 2385 relates to sexual exploitation by a school employee under Iowa Code section 709.15. The Bill requires mandatory reporters to report child abuse for a child 12 years of age and older. The Bill adds a person employed by, performing volunteer services for, or providing contract services to a nonpublic school or charter school to the definition of “school employee.” The Bill changes some supervisory components of the definition of “school employee.” The Bill also adds students of charter schools to the definition of “student.”

Violation of Iowa Code section 709.15(3) is punishable as a Class D felony or an aggravated misdemeanor, depending on the nature of the offense. A person who violates Iowa Code section 709.15(3) is subject to a special sentence under Iowa Code section 903B.2. Additionally, a person who violates Iowa Code section 709.15(3) is designated as a Tier II sex offender if the victim is 13 years of age or older, or as a Tier III sex offender if the victim is under the age of 13.

Background

A Class D felony is punishable by a fine of at least $1,025 but not more than $10,245 and up to five years in prison. An aggravated misdemeanor is punishable by a fine of at least $855 but not more than $8,540 and up to two years in prison.

A person who violates the provisions of this Bill is subject to a special sentence pursuant to Iowa Code section 903B.2. A special sentence is defined as a punishment in addition to the punishment for the underlying criminal offense and consists of committing the individual to the custody of the Department of Corrections (DOC) for a period of 10 years. A person serving a special sentence begins the sentence in the same manner as if the individual were on parole or part of a work release program. The special sentence is subject to revocation for up to two years for a first revocation and up to five years for a second or any subsequent revocation. Registration as a Tier II sex offender requires an offender to report in person to verify the offender’s registration information every six months. Registration as a Tier III sex offender requires an offender to report in person to verify the offender’s registration information every three months.

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

House File 2385 expands an existing criminal offense, and the number of new convictions cannot be estimated. In the last five years, there have been five prison admissions for offenses related to Iowa Code section 709.15(3); however, in FY 2021 there were no individuals admitted to prison under Iowa Code section 709.15(3). It is expected that additional convictions and prison admissions for offenses related to Iowa Code section 709.15(3) may result from this Bill, but the extent of the increase cannot be determined. A person who violates the provisions of this Bill is also subject to the special sentence under Iowa Code section 903B.2. Table 1 below shows 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 D felonies and aggravated misdemeanors for sex offenses. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 18, 2022, for information related to the correctional system.

Table 1 — Sentencing Estimates and Length of Stay (LOS)

Minority Impact

House File 2385 expands an existing criminal offense, and the existing criminal offense has had few convictions. As a result, the Criminal and Juvenile Justice Planning Division (CJJP) of the Department of Human Rights cannot estimate the minority impact of HF 2385. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 18, 2022, for information related to minorities in the criminal justice system.

Fiscal Impact

House File 2385 expands an existing criminal offense, and the fiscal impact cannot be estimated due to the lack of existing conviction data. The average State cost per offense for a Class D felony ranges from $9,100 to $16,600. The average State cost per offense for an aggravated misdemeanor ranges from $4,900 to $9,500. The estimated impact to the State General Fund includes operating costs incurred by the Judicial Branch, the Indigent Defense Fund, and the DOC. The cost would be incurred across multiple fiscal years for prison and parole supervision.

Sources

• Criminal and Juvenile Justice Planning Division, Department of Human Rights
• Department of CorrectionsConviction
• Offense Class
• Percent
• Ordered
• to State
• Prison
• FY 21 Avg
• LOS in
• Prison in
• Months (All
• Releases)
• FY 21
• Marginal
• Cost Per
• Day
• Prison
• Percent
• Ordered
• to
• Probation
• Avg LOS
• on
• Probation
• in Months
• FY 21 Avg
• Cost Per
• Day
• Probation
• Percent
• Sentenced
• to CBC
• Residential
• Facility
• FY 21
• Marginal
• Cost Per
• Day CBC
• Percent
• Ordered
• to
• County
• Jail
• Marginal
• Cost Per
• Day
• Jail
• Avg
• LOS on
• Parole
• in
• Months
• FY 21
• Marginal
• Cost Per
• Day
• Parole
• D Felony
• (Sex Offense) 88.6% 28.1 $23.33 45.2% 41.2 $7.01 6.8% $17.78 43.8% $50.00 5.9 $7.01
• Aggravated
• Misdemeanor
• (Sex Offense)
• 80.1% 14.5 $23.33 58.5% 25.0 $7.01 1.1% $17.78 74.6% $50.00 26.9 $7.01
• Legislative Services Agency