SSB 3029

Description

House File 2098 provides that a person against whom a protective order has been issued and who commits an assault against a person protected by the same protective order (if the protective order is in effect at the time of the assault) commits a Class D felony. The definition of “assault” and penalties applicable to this Bill are established in Iowa Code sections 708.1 and 708.2.

Background

Iowa Code chapter 708 establishes the penalties for assault. A person who violates a protective order issued under Iowa Code chapter 664A (no-contact orders) or Iowa Code chapter 236 (domestic abuse) commits either a contempt of court or a simple misdemeanor. In FY 2023, there were 22,145 protective orders, temporary orders, and no-contact orders. A Class D felony is punishable by confinement for up to five years and a fine of at least $1,025 but no more than $10,245.

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 delay 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 2098 creates a new criminal offense, and the correctional impact cannot be estimated due to a lack of existing conviction data. Figure 1 shows estimates for sentencing to State prison, parole, probation, or community-based corrections (CBC) residential facilities; LOS in months under those supervisions; and supervision marginal costs per day for Class D felonies. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 16, 2024, for information related to the correctional system.

Figure 1 — Sentencing Estimate and Length of Stay (LOS)

Minority Impact

House File 2098 creates a new criminal offense. As a result, the Division of Criminal and Juvenile Justice Planning (CJJP) of the Department of Management (DOM) cannot use existing data to estimate the minority impact of the Bill. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 16, 2024, for information related to minorities in the criminal justice system.

Fiscal Impact

House File 2098 creates a new criminal offense, and the fiscal impact cannot be estimated due to a lack of existing conviction data. Figure 2 shows the average State cost per offense for a Class D felony, aggravated 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.

Figure 2 — Average State Cost Per Offense

Sources

• Department of Corrections
• Criminal and Juvenile Justice Planning, Department of Management
• Legislative Services Agency