SSB 1070

Description

House File 585 establishes a Safe and Sound Program within the Department of Public Safety (DPS), for the purpose of developing and implementing a system for receiving anonymous reports and other information from the public in regard to potential self-harm and potential harm or criminal acts including threats of violence, sexual abuse, assault, or bullying directed at school students and school entities. School entities are defined as school districts or accredited nonpublic schools offering instruction at any or all levels from the prekindergarten level through grade 12, and include school boards, the authorities in charge of accredited nonpublic schools, and school personnel employed by a school district or accredited nonpublic school. The Bill requires that the Safe and Sound Program include all of the following:

• The establishment of a statewide, 24-hours-a-day, 7-days-a-week, toll-free hotline, Internet site, and mobile application for the purpose of receiving reports.
• Methods and procedures to ensure that the identity of any reporting party remains confidential to all persons, including law enforcement officers and employees administering the Safe and Sound Program. Reporters may voluntarily disclose and verify their identity. Should an identity become known through a means other than voluntary disclosure, the identity shall be kept confidential.
• Procedures to review and analyze all information submitted through the hotline, Internet site, and mobile application and report such information to the appropriate law enforcement agency and school entity. School boards and accredited nonpublic school authorities must designate at least one individual to receive information reported to the Program. A person who knowingly provides false information through the Program is guilty of a simple misdemeanor. Additionally, school boards and nonpublic school authorities must provide the school’s emergency operations plan and any related updates to the DPS.
• In consultation with the Department of Education (DE), provide guidance for violence prevention curricula developed in accordance with Iowa Code section 280.9B and response and awareness training to and instruction to individuals, including but not limited to law enforcement agencies and school entities. Additionally, school entities are required to distribute materials related to the Program in every school building.
• In consultation with the DE, the Department of Human Services, the Department of Public Health, and the Attorney General, school entities must establish a Threat Assessment Team to assist law enforcement agencies.

House File 585 also establishes a Safe and Sound Revolving Fund under the control of the DPS. Any moneys appropriated, granted, or credited to the Fund are appropriated to the DPS for the Program.

Background

Current law requires school districts and nonaccredited public school authorities to develop a high-quality emergency operation plan for district and individual school buildings in which students are educated. The plan must include active shooter scenarios, natural disasters, and provide an alert regarding an emergency situation that is transmitted to school personnel or students. Plans must be developed in coordination with local emergency management coordinators and local law enforcement agencies, and be updated on an annual basis. Additional information can be found here.

A simple misdemeanor is punishable by confinement of no more than 30 days and a fine of at least $105 but not more than $585.

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.
• The average daily marginal cost per offender under a special sentence is assumed to be $7.05 per day.
• Any required training or professional development required as a part of establishing the Safe and Sound Program will be incorporated by school districts into existing in-staff and development time.
• In order to implement, coordinate, and promote the requirements of HF 585, the DPS will need to create a new sworn supervisor position to have oversight over the Safe and Sound Program. The DPS will also need to hire a new criminal intelligence analyst to analyze threat information and facilitate information sharing among local, State, and federal agencies.
• The DPS will apply the existing Advanced Law Enforcement Rapid Response Training (ALERRT) program in conjunction with the Safe and Sound Program. To provide active shooter training protocols for first responders, civilians, and educators, the DPS estimates it will need to hire 4.0 additional full-time training positions to become the point of contact for the ALERRT training statewide. Trainers are estimated to provide up to 50 training sessions annually, and support up to 220 school events annually.
• The DPS will also need to develop an anonymous reporting tool to facilitate and encourage the reporting of a variety of possible threats, including school threats, self-harm/suicidal threats, and threats related to sexual abuse and harassment, illicit drug use, and student mental health issues. In order to be able to respond in a timely matter, the DPS estimates it will need to hire 5.0 additional communication specialist positions to monitor the reporting tool on a 24/7 basis.
• An additional 2.0 special agent positions will be needed to assist local enforcement agencies with responses to school threats, with specific emphasis on the cyber and digital components of such threats.
• The DPS estimates it may take three to six months to fully onboard required personnel for the Program. For estimating purposes, it is assumed that the positions will not be filled for the first four months of FY 2022.
• FTE position costs include salary, benefits, necessary equipment and technology purchases.
• Additional costs related to training, equipment, and promotional material may arise out of the need to promote the Program.

Correctional Impact

House File 585 expands the definition of obstruction of justice for knowingly providing false information to anyone known by the individual to be a peace officer, emergency medical care provider, or fire fighter in the performance of any act within the scope of the lawful duty of the officer, care provider, or fire fighter. The Bill adds a crime for falsely reporting school threat information through the Safe and Sound toll-free hotline, Internet site, or mobile application. The correctional impact cannot be estimated due to a lack of data.

The punishments for simple misdemeanors under this Bill do not include the possibility of imprisonment, and as a result, this Bill is not estimated to have a correctional impact. It is unknown how many simple misdemeanor convictions may result from this Bill. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 26, 2021, for information related to the correctional system.

Minority Impact

House File 585 expands the definition of obstruction of justice by knowingly providing false information to include actions previously not criminalized under Iowa Code section 719.1A. In FY 2019, there were 625 convictions under Iowa Code section 719.1A, and in FY 2020, there were 550 convictions under Iowa Code section 719.1A. Of the total of 1,175 individuals, 425 (36.2%) were African American. In FY 2020, Caucasians and African Americans made up 89.9% and 4.1% of the Iowa adult population, respectively. The conviction rate for African Americans exceeds the population proportion of the State, which would lead to a racial impact if trends remain constant. Due to low numbers of other minority populations, the impact on those populations cannot be assessed. 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

House File 585 adds a new provision under Iowa Code section 719.1A, and the fiscal impact to the correctional system cannot be determined due to a lack of conviction data. The average cost to the State per conviction of a simple misdemeanor ranges from $40 to $350. 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 1 provides a breakdown of the estimated total cost of HF 585, including the cost for benefits and salaries of various full-time equivalent (FTE) positions and additional cost items incurred by the DPS in implementing various components of the Bill.

Table 1 — HF 585, Estimated Costs Incurred by DPS In the FY 2022 of implementation, the DPS estimates it will incur costs of approximately $1.5 million. In FY 2023 and subsequent years of implementation, the Department estimates annual costs of approximately $1.5 million.

The DE notes that it will not experience a fiscal impact as the tasks required of the Department by HF 585 can be absorbed into the existing budget utilizing existing personnel. Additionally, the Iowa Association of School Boards notes that some school districts may incur professional development costs. Funding for these costs will come from individual school district professional development funds and will not impact the State General Fund.Position FTE FY 2022 FY 2023 Special Agent In-Charge 1.0 101,865$ 153,397$ Special Agent 2 4.0 400,504 600,756 Trooper 3 2.0 184,534 276,800 Criminal Intelligence Analyst (Advanced) 1.0 46,939 70,408 Communications Center Specialist 2 5.0 184,590 276,885 Subtotal 13.0 918,432$ 1,378,246$ Additional Cost Item FTE FY 2022 FY 2023 In-State Travel N/A 3,500$ 0$ State Vehicle Operation N/A 89,740 0 Vehicle Depreciation N/A 174,265 0 Out-of-State Travel N/A 11,200 0 Office Supplies N/A 4,000 4,000 Other Equipment Supplies N/A 162,413 0 Communications N/A 180 180 Outside Services N/A 122,500 122,500 Advertising and Promotion N/A 10,000 10,000 State Agency Services (Government Transfer) N/A 8,640 0 IT Equipment N/A 35,000 35,000 Subtotal N/A 621,438$ 171,680$ Total 13.0 1,539,870$ 1,549,926$

Sources

• Department of Public Safety
• Department of Education
• Iowa Association of School Boards
• LSA analysis