Relating to the modification and extension of a no-contact order

Description

Senate File 2178 relates to the modification and extension of no-contact orders. Under the Bill, when a no-contact order expires, the court shall modify and extend the no-contact order for an additional five years unless the defendant files an application within 90 days prior to the expiration and the court finds that the defendant no longer poses a threat to the safety of the victim, persons residing with the victim, or members of the victim’s family.

Background

Under Iowa Code chapter 664A, no-contact orders may be entered by the court for violations or alleged violations of harassment, stalking, sexual abuse in the first degree, sexual abuse in the second degree, sexual abuse in the third degree, or any other public offense for which there is a victim.

Iowa Code section 664A.8 currently provides that the court shall modify and extend a no-contact order for an additional five years only upon the filing of an application by the State or by the victim filed within 90 days prior to the expiration of a no-contact order. Upon such an application by the State or the victim, the court shall modify and extend the no-contact order unless the court finds that the defendant no longer poses a threat to the safety of the victim, persons residing with the victim, or members of the victim’s family.

Assumptions

• Based on whether an extension is resisted by the defendant, some no-contact order extensions will require a court hearing and some will not.
• The average cost per hour combined for a district judge or district associate judge plus a court reporter, judicial specialist, and clerk of court is $229.
• Court time for each no-contact order extension will average approximately 10 minutes.
• Each no-contact order extension will cost approximately $38 for court time.
• Approximately 14,300 no-contact orders will be affected by the Bill each year from FY 2023 to FY 2027.
• The extension of a no-contact order for an additional five years will occur indefinitely unless, upon application by the defendant, the court finds that the defendant no longer poses a threat.
• Beginning in FY 2028, no-contact orders extended under this Bill will be up for extension again.

Fiscal Impact

Senate File 2178 is expected to increase costs to the Judicial Branch by approximately $543,000 per year from FY 2023 to FY 2027. The Judicial Branch is funded through the General Fund. Table 1 provides the estimated cost per year to the Judicial Branch from FY 2023 to FY 2027.

Table 1 — Cost to Judicial Branch

No-Contact

Orders Affected

Average Cost

Per Extension

Total Cost Per Year

FY 2023 to FY 2027 14,300 $38 $543,400 In the succeeding fiscal years, no-contact orders that would be extended under this Bill would be up for extension again, which may lead to a large growth in the number of no-contact orders to be modified and extended each year. This would likely cause a significant fiscal impact to the Judicial Branch in succeeding fiscal years.

Sources

• Judicial Branch
• Legislative Services Agency