Proyectos de ley › 89.ª Asamblea General
Relating to criminal law including the disclosure of a defendant’s privileged records in a criminal action, permanent no-contact orders, penalties for domestic abuse assault, limitations on criminal actions involving certain sexual offenses, criminal sentencing and corrections, parole and work release, crime victim rights, discovery in criminal actions, postconviction relief procedure, and certain reporting requirements, and making penalties applicable
Temas:Courts & civil lawCrime & corrections
La misma legislación: SF 2328
Dónde está ahora
- Hecho: Presentado8 de febrero de 2022
- Hecho: Subcomité9 de febrero de 2022
- Hecho: Comité del Senado17 de febrero de 2022
- Se saltó: Lo aprueba el SenadoSigue como SF 2328
- Sigue: Comité de la Cámara
- Sigue: Lo aprueba la Cámara
- Sigue: A gobernador(a)
- Sigue: Firmado como ley
Ahora es SF 2328 → Sigue avanzando con el número nuevo. Ir a SF 2328 ¿Qué es el embudo (funnel)?
Qué contiene
Resumen con IA This bill changes several rules regarding criminal laws, sentencing, and victim rights. It updates how courts handle permanent no-contact orders and sets new minimum jail times for certain felonies and misdemeanors. Additionally, it increases the amount of time many people must serve in prison before they can be considered for parole or work release. (Todavía no está traducido al español.)1
Lea la explicación oficial (en inglés)
This bill relates to criminal law, including the disclosure of a defendant’s privileged records in a criminal action, permanent no-contact orders, penalties for domestic abuse assault, limitations on criminal actions involving certain sexual offenses, criminal sentencing and corrections, parole and work release, crime victim rights, discovery in criminal actions, postconviction relief procedure, and certain reporting requirements, and makes penalties applicable. DIVISION I —— COMMUNICATIONS IN PROFESSIONAL CONFIDENCE —— CRIMINAL ACTIONS. The bill defines “exculpatory information” for purposes of a defendant seeking access to privileged records in a criminal action to mean only information that tends to negate the guilt of the defendant and not information that is merely impeaching or is substantially cumulative in nature. DIVISION II —— PERMANENT NO-CONTACT ORDERS —— MODIFICATION —— REINSTATEMENT —— CONVERSION —— APPELLATE REVIEW.4 (sexual abuse in the third degree), the court shall either terminate or modify the temporary no-contact order issued by the magistrate. The court may enter a no-contact order or continue the no-contact order already in effect for a period of five years from the date the judgment is entered or the deferred judgment is granted, regardless of whether the defendant is placed on probation.5 may be modified or dissolved upon application by the victim to the district court subject to all of the following: the application may be filed by the victim, a victim counselor, the victim’s attorney, or the prosecuting attorney; the prosecuting attorney shall be notified of the application if filed by the victim; and the prosecuting attorney shall be given the opportunity to be heard at a hearing prior to the modification or dissolution of the no-contact order. If a hearing is held, the victim may appear electronically, in person, in writing, through a victim counselor, through the victim’s attorney, or through the prosecuting attorney; the victim shall not be subject to cross-examination by the defendant but may be questioned by the prosecuting attorney under such conditions as the court may impose; and the defendant shall not have the right to appear in person but may be compelled to appear by the court when appropriate. The bill provides that a permanent no-contact order entered by the court may be modified or dissolved upon application by the defendant to the district court if all of the following apply: the application is verified; the application is served upon the prosecuting attorney for the county in which the defendant principally resides; the application is served upon the prosecuting attorney in any county in which the defendant has been convicted of an offense requiring entry of a no-contact order; prior to disposition of an application, the prosecuting attorney notifies the victim, if the victim’s address is known, and provides the victim the opportunity to be heard; five or more years have passed since the discharge of the sentence for the offense resulting in the issuance of the no-contact order including any special sentence; the defendant is not incarcerated for any offense at the time the application is filed; and the defendant has not been convicted of any new indictable offense since the imposition of the permanent no-contact order. The bill provides the procedure for a court considering an application by the defendant to modify or dissolve a permanent no-contact order. A district court shall not modify or dissolve a permanent no-contact order unless the district court makes a written finding that the defendant no longer presents a danger to the victim and that the modification or dissolution is in the interest of justice.8, Code 2022.5 as modified in the bill. The court shall presume that the offender continues to present a danger to the victim and that reinstating an expired no-contact order is in the interest of justice. The court shall only deny an application to reinstate an expired no-contact order if the district court makes written findings that the defendant no longer presents a danger to the victim and that denying the request is in the interest of justice. The bill provides that a five-year no-contact order entered prior to July 1, 2022, that has not expired as of July 1, 2022, may be converted into a permanent no-contact order as if the order was entered after July 1, 2022, upon application by the victim, a victim counselor, the victim’s attorney, or the prosecuting attorney. The bill provides that the provisions of Code chapter 664A are the only means by which a party may seek to modify a no-contact order. Appellate review of an order granting or denying a modification or dissolution of a no-contact order shall be by writ of certiorari and such an order is not appealable as a matter of right. The bill makes certain legislative findings relating to the reinstatement of expired no-contact orders.8 (extension of no-contact order). DIVISION III —— DOMESTIC ABUSE ASSAULT PENALTIES.2A (domestic abuse assault) which occurred more than years prior to the date of the violation charged shall not be considered in determining that the violation charged is a second or subsequent offense. DIVISION IV —— LIMITATION OF CRIMINAL ACTIONS INVOLVING CERTAIN SEXUAL OFFENSES.3(1)(d). DIVISION V —— CRIMINAL SENTENCING AND CORRECTIONS. The bill provides that prior to imposing sentence, the court shall ask any victim physically present at the sentencing whether the victim or a representative of the victim has been informed by the prosecuting attorney or a designee of the prosecuting attorney of the status of the case and of the prosecuting attorney’s recommendation for sentencing.12(1) (minimum sentences for certain felony and misdemeanor offenses), and one or more of the convictions is for an offense under Code chapter 709 (sexual abuse) or 710 (kidnapping and related offenses), the sentencing judge shall require that the sentences be served consecutively.12, and who did not receive a deferred judgment or a deferred or suspended sentence, if not otherwise prescribed by another statute, as follows: a person convicted of a class “B” felony shall be confined for no less than one year; a person convicted of a class “C” felony shall be confined for no less than two months; and a person convicted of a class “D” felony shall be confined for no less than one month. Current law requires that a person shall be denied parole or work release unless the person has served at least seven-tenths of the maximum term of the person’s sentence for the most serious felonies. The bill provides that a person convicted of certain felonies on or after July 1, 2023, except for a violation classified as a class “A” felony, shall be denied parole or work release unless the person has served at least nine-tenths of the maximum term of the person’s sentence.7 (Code chapter 713); criminal gang participation or gang recruitment (Code chapter 723A); and obscenity (Code chapter 728).12, and who did not receive a deferred judgment or a deferred or suspended sentence, if not otherwise prescribed by another statute, shall be as follows: a person convicted of an aggravated misdemeanor shall be confined for no less than days, a person convicted of a serious misdemeanor shall be confined for no less than days, and a person convicted of a simple misdemeanor shall be confined for no less than days.12(1) (minimum sentences for certain felonies), shall be classified as category “C” sentences.2. DIVISION VI —— PAROLE AND WORK RELEASE. Current law provides that parole or work release shall be ordered by the board of parole only for the best interest of society and the offender, and only when there is a reasonable probability that the person can be released without detriment to the community or the person. The bill requires that any parole or work release must be in the best interest of society, of any victim of the person, and the person, and only when the board of parole determines there is a significant probability that the person can be released without detriment to any victim of the person.9(1)(a) (conspiracy to manufacture for delivery or delivery or intent or conspiracy to deliver amphetamine or methamphetamine to a minor), or a felon serving a mandatory minimum sentence other than a class “A” felon, and shall provide the person with notice of the board’s parole or work release decision. The bill provides that the board of parole shall require that all parole hearings be recorded and maintained as a public record under Code chapter for a minimum of three years from the date of the hearing or the most recent release of an inmate on parole. The bill provides that it is the intent of the general assembly that the board of parole shall implement a plan of early release to ensure that parole or work release is only ordered when it is in the best interest of society, any victim of the person, and the person. DIVISION VII —— CRIME VICTIMS —— RIGHTS. The bill provides that a local police department or county sheriff’s department shall provide a victim with a pamphlet explaining the victim’s rights as a victim of a public offense or delinquent act. The bill requires that a local police department or county sheriff’s department shall provide to the crime victim assistance division of the department of justice contact information for a victim of a public offense or delinquent act. A victim counselor shall contact a victim to determine whether the victim is in need of further assistance from the victim counselor or whether the victim has any questions regarding the person’s rights as a victim. The bill provides that it is the public policy of the state that statements made by children to forensic interviewers at child advocacy centers and child protection centers are presumptively reliable and should be admitted into evidence in the courts. Notwithstanding any other provision of law, a court shall admit a recorded statement into evidence upon motion by a party if the statement is made by a child under the age of years; the recorded statement describes conduct that violates Code chapter 709 (sexual abuse); the recorded statement was obtained by a forensic interviewer employed by an accredited child advocacy center or child protection center; the interview was conducted substantially in accordance with a nationally recognized protocol for interviewing children; and if the recorded statement is offered in a criminal proceeding, the opposing party was given at least days’ notice of the intention to admit the recorded statement and the child testifies at trial or the child has been questioned by the defendant or the defendant’s attorney at a deposition or any substantially similar setting, the child is unavailable, and the court finds by a preponderance of the evidence that the child would suffer significant emotional or psychological trauma from testifying in the personal presence of the defendant at the time of the criminal proceeding. The bill provides that a court may deny admission of a recorded statement only if the party opposing admission proves by clear and convincing evidence that the recorded statement is unreliable. Portions of a recorded statement may be redacted by agreement of the parties, by order of the court, or if the court finds by a preponderance of the evidence that redaction is necessary to either minimize embarrassment or trauma to the child or to effectuate a provision of the rules of evidence other than the rules against hearsay.412 (victim’s past sexual behavior in sexual abuse cases). Such prohibited evidence includes reputation or opinion evidence of a victim offered to prove that a victim engaged in other sexual behavior and evidence of a victim’s other sexual behavior other than reputation or opinion evidence.2 (continuing legal education requirements for licensed attorneys) to require that all attorneys licensed in this state complete a minimum of one hour, annually, of continuing legal education that focuses on crime victims and how to improve a crime victim’s experience within the criminal justice system. DIVISION VIII —— DISCOVERY. The bill provides that a criminal defendant or counsel acting on the defendant’s behalf shall not issue any subpoena for documents or other evidence except upon application to the court. Such an application shall not be granted unless a defendant proves by a preponderance of the evidence all of the following: the evidence is material and necessary to prepare a defense; the defendant has made reasonable efforts to obtain the evidence without invoking compulsory process; the evidence is not available from any other source; and for evidence that is obtainable by the state only through the execution of a search warrant, the defendant must show probable cause that the information sought contains exculpatory information that is not available from any other source and that there is a compelling need for the evidence to enable the defendant to present a defense at trial. The bill shall not apply to a subpoena issued solely to secure the presence of a witness listed in the minutes of testimony at deposition or to secure the presence of a witness listed in either the minutes of testimony or in the defendant’s witness list at a hearing or trial. If any documents or evidence are obtained pursuant to the bill, the criminal defendant or counsel acting on the defendant’s behalf must notify the prosecuting attorney within hours of obtaining the documents or evidence. The documents or evidence received, or copies, must be provided to the prosecuting attorney as soon as possible. Evidence or documents obtained by a subpoena that do not comply with the bill shall not be admissible in any criminal action if offered by the defendant.10(4) (disclosure of privileged records in a criminal action to a defendant) when seeking privileged records. The bill provides that discovery depositions shall not be permitted in any criminal action, except upon application to the court and a showing of exceptional circumstances. A criminal defendant must file a witness list when the defendant requests or receives any discretionary discovery, the date when any deposition is taken, or days before trial, whichever date is earliest. If the defendant fails to timely list a witness, the court shall prohibit the witness from testifying at trial absent good cause shown for the defendant’s failure to timely list the witness. DIVISION IX —— POSTCONVICTION RELIEF AND DISCOVERY PROCEDURE.7A in the bill. The bill provides that Code chapter 822 (postconviction relief procedure) is intended to provide a limited scope of discovery that is no broader than what is afforded to a defendant in a criminal action.412 shall not be discoverable or admissible in a postconviction relief action; the state shall not be required to produce copies of discovery that was previously disclosed to an applicant in the underlying criminal action or a previous postconviction relief action or which was possessed by the applicant in the underlying criminal action or a previous postconviction relief action; the state shall not be required to produce any discovery contained in a court file accessible to the applicant; the state shall not be required to produce any discovery that cannot lawfully be disseminated or that is otherwise made confidential by law; and an applicant shall not be permitted to conduct discovery or seek the appointment of an expert witness through ex parte communication or in camera review. DIVISION X —— REQUIRED REPORTS TO THE GENERAL ASSEMBLY. The bill provides that each district judge shall submit to the governor and to the general assembly, not later than December each year, an annual report which includes all of the following: the number of deferred judgments, deferred sentences, and suspended sentences the court entered, including the criminal offenses involved, during the previous year; the number of defendants who received deferred judgments, deferred sentences, and suspended sentences during the previous year; the number of cases where the court pronounced judgment and imposed sentence after a defendant failed to comply with the conditions set by the court for a deferred judgment or deferred sentence; the number of cases where the court revoked a suspended sentence after a defendant failed to comply with conditions set by the court; and the types of violations by a defendant of the conditions imposed by the court that resulted in the court pronouncing judgment and imposing sentence or revoking a suspended sentence. Included in the report shall be whether the violations were technical violations, the commission of a new crime, or any other reason.12. The report shall include, at a minimum, the rate of recidivism within three years of an offender being released from the custody of the department; the percentage and number of offenders paroled or placed on probation who violate the conditions of release and are reincarcerated; whether there were victims involved in the crimes committed while an offender was paroled or on probation, and whether any of the victims were previous victims of the offender; the types of offenses that caused the offender to be returned to the custody of the department; the type of release that preceded the offender’s return to the custody of the department; and the number of hearings the board of parole held before the release of an offender who subsequently violated the conditions of release and was then returned to the custody of the department.
Cambiado después por las enmiendas S-5058, S-5052; vea Enmiendas.
Senate subcommittee
Named February 9, 2022. On February 16, 2022 it recommended passage.
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
Nota fiscal
Resumen con IA This bill changes rules regarding criminal discovery, no-contact orders, and penalties for domestic abuse assault. If 10.0% of cases result in additional motions, it could cost the Indigent Defense Fund $891,000 and the State Public Defender operating budget $1.0 million, both funded through the General Fund. Division II is expected to increase costs to the Judicial Branch by approximately $543,000 per year from fiscal year 2023 to fiscal year 2027. The fiscal impacts for the remaining provisions cannot be estimated. (en inglés)3
Lea la nota fiscal (en inglés)
Description
Senate File 2328 relates to criminal law, including the disclosure of a defendant’s privileged records in a criminal action, no-contact orders, penalties for domestic abuse assault, limitations on criminal actions involving certain sexual offenses, criminal sentencing and corrections, parole and work release, crime victim rights, discovery in criminal actions, postconviction relief procedure, certain reporting requirements, and conditional guilty pleas. Division I — Communications in Professional Confidence — Criminal Actions
Description
Division I of SF 2328 limits exculpatory information in certain circumstances to only information that tends to negate the guilt of the defendant, and not information that is merely impeaching or is substantially cumulative in nature.
Assumptions
- According to the Office of the State Public Defender, the provisions of Division I may lead to a substantial increase in the number of Brady motions.
- The Office of the State Public Defender estimates each Brady motion will take an average of 3.5 hours of attorney time to investigate the Brady issue, prepare the Brady motion, and hear the motion in court.
- State Public Defender contract attorneys are paid $76 per hour for Class A felony cases, $71 per hour for Class B felony cases, and $66 per hour for all other cases.
- There were 66 Class A felony, 1,097 Class B felony, and 37,387 Class C felony claims to the Indigent Defense Fund in FY 2019.
- The average contract attorney cost per hour for an indigent defense claim in FY 2019 was approximately $66.
- The cost of a State Public Defender full-time equivalent (FTE) position is approximately $90,000 per year to the State Public Defender operating budget.
- A State Public Defender attorney works approximately 2,000 hours per year.
- The cost per hour for a State Public Defender attorney is approximately $45.
- State Public Defender attorneys closed 63,908 cases in FY 2019.
- It is not known how many additional Brady motions will result from this Division.
Fiscal Impact
Division 1 may lead to a substantial increase in the number of Brady motions for State Public Defender attorneys and contract attorneys, but the extent of this increase is not known. As shown in Table 1 below, the annual cost to the Indigent Defense Fund and the State Public Defender operating budget if 10.0% of State Public Defender cases have an additional Brady motion as a result of this Bill is $891,000 and $1.0 million, respectively. Both are funded through the General Fund.
Table 1 — Potential Annual Cost to the Office of the State Public Defender Division II — No-Contact Orders
Description
Division II relates to the modification and extension of no-contact orders. Under the Bill, when a no-contact order expires, the court is to 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 is to 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 within 90 days prior to the expiration of the no-contact order. Upon such an application by the State or the victim, the court is to 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
Division II 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 2 provides the estimated cost per year to the Judicial Branch from FY 2023 to FY 2027.Cases Additional Hours
Per Brady Claim
Attorney
Hourly Rate
Percent of Cases With
a New Brady Claim Total Cost Indigent Defense Fund 38,550 3.5 $66 10% $890,500
State Public Defender
Operating Budget 63,908 3.5 $45 10% $1,006,600 Table 2 — 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.
Additionally, the Office of the State Public Defender notes that an increased number of no-contact orders will lead to an increase in no-contact order violations. Providing indigent defense to defendants who violate no-contact orders will increase costs to the Indigent Defense Fund, but the extent of this increase cannot be estimated.
Division III — Domestic Abuse Assault Penalties
Description
Division III eliminates current law that provides that a conviction for, deferred judgment for, or plea of guilty to domestic abuse assault that occurred more than 12 years before the date of the violation charged is not to be considered in determining that the violation charged is a second and subsequent offense.
Background
Iowa Code section 708.2A provides that a second conviction for domestic abuse assault results in a higher conviction class than if it were a first conviction and that a third or subsequent offense is a Class D felony. Penalties for domestic abuse assault include a simple misdemeanor, a serious misdemeanor, an aggravated misdemeanor, and a Class D felony, based on injury caused, intent to inflict a serious injury, use of a weapon, and prior offenses.
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 removal of the 12-year provision in Division III could result in a reclassification of class based on the first offense. In FY 2021, there were 68 individuals convicted under Iowa Code section 708.2A who also had a prior conviction under Iowa Code section 708.2A 12 or more years prior, 4 of which were for aggravated misdemeanors, 10 for serious misdemeanors, and 54 for simple misdemeanors. It cannot be determined which of the original offenses would result in an increased class of conviction, but there would likely be an increase in convictions for second and subsequent offenses and an increase in prison admissions. The proportion of the increase cannot be estimated.
Table 3 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, aggravated misdemeanors, and serious misdemeanors. A conviction for a simple misdemeanor does not result in a prison sentence but does carry the possibility of confinement for up to 30 days. Marginal county jail costs are estimated to be $50 per day. 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 3 — Sentencing Estimates and Length of Stay (LOS)
Minority Impact
Division III may have a disproportionate impact on African Americans. Of the 68 individuals who had a prior conviction under Iowa Code section 708.2A 12 or more years prior who may be convicted of an increased class under this Bill, 69.1% were Caucasian and 17.6% were African American, while the Iowa population is 85.3% Caucasian and 3.9% African American. 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
The fiscal impact of Division III cannot be estimated due to a lack of data. Table 4 below shows the average State cost per offense for a Class D felony, aggravated misdemeanor, serious misdemeanor, and simple misdemeanor. The estimated impact to the State General Fund includes operating costs incurred by the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections (DOC). The cost would be incurred across multiple fiscal years for prison and parole supervision.
Division IV — Limitation of Criminal Actions Involving Certain Sexual Offenses
Description
Division IV adds the following offenses to the list of offenses for which an information or indictment may be commenced at any time after the commission of the offense, when the offense was committed on or with a person who is under the age of 18:Conviction
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
(Persons) 84.2% 18.8 $23.33 47.8% 32.8 $7.01 10.5% $17.78 38.6% $50.00 11.3 $7.01
Aggravated
Misdemeanor
(Persons) 47.0% 9.6 $23.33 51.7% 20.6 $7.01 5.2% $17.78 70.7% $50.00 6.2 $7.01
Serious
Misdemeanor 1.8% 6.5 $23.33 56.0% 14.5 $7.01 0.9% $17.78 69.0% $50.00 18.1 $7.01Class D Felony $9,100 to $16,600 Aggravated Misdemeanor $4,900 to $9,500 Serious Misdemeanor $410 to $7,000 Simple Misdemeanor $40 to $370 Table 4 — Average State Cost Per Offense
- Continuous sexual abuse of a child.
- Kidnapping in the first degree when the person kidnapped, and as a consequence of the kidnapping, is intentionally subjected to sexual abuse.
- Burglary in the first degree, when the person performs or participates in a sex act with any person which would constitute sexual abuse.
Background
Under Iowa Code section 802.2B, the offenses for which an information or indictment may be commenced at any time after the commission of the offense, when the offense was committed on or with a person who is under the age of 18, currently include lascivious acts with a child, assault with intent to commit sexual abuse, indecent contact with a child, lascivious conduct with a minor, sexual misconduct with a juvenile, child endangerment, and sexual exploitation of a minor.
Continuous sexual abuse of a child and burglary in the first degree are Class B felonies. Kidnapping in the first degree is a Class A felony. A Class B felony is punishable by confinement for no more than 25 years. A Class A felony is punishable by life in prison.
Assumptions
- The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; prisoner 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
Division IV changes the statute of limitations for certain offenses, and the correctional impact cannot be estimated due to a lack of data. This change will likely increase the number of prison admissions for these offenses, but the extent of that increase cannot be calculated. Refer to the 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.
Minority Impact
Division IV changes the statute of limitations for certain offenses, and as a result, the Criminal and Juvenile Justice Planning Division of the Department of Human Rights cannot use prior existing data to estimate the minority impact. 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
Division IV changes the statute of limitations for certain offenses, and the fiscal impact cannot be estimated due to a lack of data. The average State cost per offense for a Class A felony 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 $39,200 and include court time and jury trial costs ranging from $10,400 to $14,700. The average State cost per offense for a Class B felony ranges from $12,600 to $45,700. 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.
Division V — Criminal Sentencing and Corrections
Description
Division V, Section 7, provides that if a person is sentenced for two or more separate offenses contained in Iowa Code section 902.12(1) (murder in the second degree, attempted murder, sexual abuse in the second degree, kidnapping in the second degree, robbery in the second degree, and vehicular homicide under certain circumstances), and one or more of the convictions is for an offense under Iowa Code chapter 709 or 710 (sexual abuse in the second degree and kidnapping in the second degree), the sentences are required to be served consecutively.
Division V, Section 9, provides that the minimum sentence of any person convicted of a felony contained in Iowa Code section 902.12 and who did not receive a deferred judgment or a deferred or suspended sentence should be determined as follows, if not already prescribed by statute:
- A Class B felon should be confined for at least one year.
- A Class C felon should be confined for at least two months.
- A Class D felon should be confined for at least one month.
Division V, Section 10, adds to Iowa Code section 902.12, which currently provides minimum sentences for certain felonies. The Bill provides for minimum sentences of at least 90.0% of the maximum term for the following offenses. Division V also provides that in regards to earned time, category C sentences include sentences for these offenses:
- Homicide or a related crime.
- Assault.
- Terrorism.
- Sexual abuse.
- Kidnapping or related offenses.
- Human trafficking, except for solicitation of commercial sexual activity.
- Robbery, aggravated theft, or extortion.
- Arson.
- Burglary, except for possession of burglar’s tools with the intent to use them in the perpetration of a burglary.
- Criminal gang participation or gang recruitment.
- Sexual exploitation of a minor.
Background
Iowa Code section 902.12 provides a minimum sentence of at least 70.0% of a maximum term of a person’s sentence for the following: murder in the second degree, attempted murder, sexual abuse in the second degree, kidnapping in the second degree, robbery in the second degree, and vehicular homicide under certain circumstances.
An inmate serving a category C sentence is ineligible for a reduction of sentence under Iowa Code section 903A.2 (Earned Time).
Assumptions
- The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; prisoner 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
Division V, Section 7, provides that if a person is sentenced for two or more separate offenses contained in Iowa Code section 902.12, and one or more of the convictions is for an offense under Iowa Code chapter 709 or 710, the sentences must be served consecutively. Of those actively incarcerated on February 18, 2022, there were 82 individuals who met these criteria who are currently serving concurrent sentences. This portion of the Bill would lengthen the sentences of individuals whose crimes meet these criteria, but the extent of the increase cannot be estimated.
According to the DOC, Division V, Section 10, would extend the period of incarceration for those who are admitted to prison for crimes currently designated as crimes under Iowa Code section 902.12. Current law requires that a person be denied parole or work release unless the person has served at least 50.0% or 70.0% of the maximum term of a person’s sentence for certain felonies. According to the DOC, this Section changes the mandatory term to 90.0% of a person’s sentence. The DOC reports that extending the minimum period of incarceration for one cohort of individuals annually admitted to prison for convictions under current Iowa Code section 902.12 is expected to cost $5.5 million more per annual cohort over the course of that cohort’s supervision period compared to current estimated supervision costs. A cohort is the group of individuals annually admitted to prison for convictions under a certain Iowa Code section.
Division V, Section 10, creates mandatory terms for crimes that historically have not had mandatory terms applied. This Division creates mandatory terms for these offenses consistent with those proposed for crimes under Iowa Code section 902.12, with a mandatory minimum term of 90.0% of a person’s sentence required to be served prior to release consideration. This Section also provides that for earned time purposes, these sentences are classified as category C sentences, meaning they are ineligible for a reduction of sentence. This section is expected to impact approximately 1,118 prison admissions annually. Due to the mandatory term applied, the DOC expects that the cost of supervision per annual cohort of individuals admitted under the affected Iowa Code sections would cost $34.6 million more over the duration of the supervision of each annual cohort. Additionally, according to the Office of the State Public Defender, the provisions of this Section will make it less likely that cases will be plead out, and more cases will go to trial. Expenses to the Office of the State Public Defender are likely to increase significantly due to increased trial expenses, but the extent of this increase cannot be determined because it is not known how many more cases will go to trial.
- Criminal Victims’ Rights, Recidivism Reduction · 6 de abril de 2022
- Criminal Victims' Rights, Recidivism Reduction · 9 de marzo de 2022 · $149,000
Lo que cambia del Código de Iowa (Iowa Code)
Crea§602.6204§664A.5A§664A.5B§664A.7A§821A.1§821A.2§822.7A§902.9A§903.1A§904.103A§915.44A
Modifica§622.10§664A.5§708.2A§802.2B§802.2C§822.7§901.11§901.4B§901.8§902.12§906.4§906.5§915.11§915.20§915.38
Deroga§664A.8
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89th General Assembly