Relating to the statute of limitations periods for certain criminal and civil actions

Description

Senate File 572 relates to the statute of limitations period for certain criminal and civil actions. The Bill provides that an information of indictment in a criminal case, or a civil action for damages, for sexual abuse in the first, second, or third degree; kidnapping; human trafficking; and sexual abuse or sexual exploitation by a counselor, therapist, or school employee may be commenced at any time after the commission of the offense.

Background

Under current law, in sexual abuse, kidnapping, human trafficking, and sexual abuse or sexual exploitation by a counselor, therapist, or school employee 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 for the offenses in this Bill range from a serious misdemeanor to a Class A felony depending on the type and severity of the offense. Felonies and misdemeanors are punishable by the terms defined in Iowa Code chapters 902 and 903, respectively.

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

Senate File 572 removes the statute of limitations for sexual abuse, kidnapping, human trafficking, and sexual abuse or sexual exploitation by a counselor, therapist, or school employee. 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. It is estimated that additional convictions will result, but the increase cannot be determined. 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 ranging from serious misdemeanors to Class B felonies. Class A felony convictions carry a life sentence. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 22, 2021, for information related to the correctional system. Table 1 — LOS and Sentencing Estimates

Minority Impact

Senate File 572 removes the statute of limitations for several offenses. 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 first, second or third 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 27, 2021, for information related to minorities in the criminal justice system.

Fiscal Impact

Senate File 572 removes the statute of limitations for several offenses and the fiscal impact cannot be estimated due to the lack of conviction data. Table 2 contains cost estimates for the average State cost per offense class type for one conviction of offenses ranging from a serious misdemeanor to a Class A 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 ConvictionConviction

Offense Class

Percent

to

Prison

Avg

Length of

Stay

Prison

(months) FY 20

Marginal

Cost/Day

Prison

Percent

Ordered

to

Probation

Avg LOS

on

Probation

Avg Cost

Per Day

on

Probation

Percent

Sentenced

to CBC

Residential

Facility

FY 20

Marginal

Cost

CBC Per

Day

Percent

Ordered to

County Jail

Avg

Length of

Stay in

County

Jail

Marginal

Cost Per

Day

Avg LOS

on Parole FY 20

Average

Cost Per

Day

Parole

Class B Felony

(Sex Offense) 95.0% 285.2 $20.33 9.4% -- $5.38 3.1% $14.78 15.6% N/A $50.00 29.4 $5.38

Class C Felony

(Sex Offense) 91.0% 76.0 $20.33 34.1% 50.0 $5.38 5.5% $14.78 32.7% N/A $50.00 7.2 $5.38

Class D Felony

(Sex Offense) 85.0% 32.2 $20.33 45.2% 49.7 $5.38 6.8% $14.78 43.8% N/A $50.00 5.1 $5.38

Aggravated

Misdemeanor

(Sex Offense) 78.0% 10.5 $20.33 58.5% 15.1 $5.38 1.0% $14.78 74.6% N/A $50.00 *2.5 $5.38

Serious

Misdemeanor 2.0% 5.0 $20.33 56.0% 13.4 $5.38 1.0% $14.78 69.0% N/A $50.00 2.4 $5.38Offense Class Minimum Maximum Serious Misdemeanor 410$ 7,500$ Aggravated Misdemeanor 3,700 7,800 Class D Felony 7,700 13,500 Class C Felony 9,900 19,200 Class B Felony 12,700 35,800 Class A Felony 183,700 188,000

Total Cost

Sources

• CJJP, Department of Human Rights
• Department of Corrections
• Judicial Branch
• LSA analysis