Relating to mandatory minimum sentences relating to the control, possession, receipt, or transportation of a firearm or offensive weapon by a felon and providing penalties

Description

Senate File 105 modifies the penalties for and applies a mandatory minimum sentence relating to the control, possession, receipt, or transportation of a firearm or offensive weapon by a felon. The penalty is increased from a Class D felony to the following:

• For a first offense, a Class D felony with a mandatory minimum sentence of two years.
• For a second offense, a Class D felony with a mandatory minimum sentence of four years.
• For a third offense, a Class C felony with a mandatory minimum sentence of seven years.
• For a fourth or subsequent offense, a Class C felony with a mandatory minimum sentence of 10 years.

The Bill provides that the court may not defer judgment or sentencing, or suspend the execution of a mandatory minimum sentence, for this offense. Under the Bill, earned time accrued by a person convicted is not applied to reduce any imposed mandatory minimum sentencing.

Background

Under Iowa Code section 724.26(1), a person who is convicted of a felony in a State or federal court, or who is adjudicated delinquent based on conduct that would constitute a felony if committed by an adult, and who knowingly has under the person’s dominion and control or possession, receives, or transports or causes to be transported a firearm or offensive weapon is guilty of a Class D felony.

A Class D felony, under Iowa Code section 902.9, is punishable by confinement of up to five years and a fine of at least $1,025 but not more than $10,245. A Class C felony is punishable by confinement of up to 10 years and a fine of at least $1,370 but not more than $13,660.

Assumptions

• The following will not change over the projection period: charge, conviction, and sentencing patterns and trends; 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.
• Admissions include only individuals admitted to Department of Corrections (DOC) supervision whose most serious offense is the control, possession, receipt, or transportation of a firearm or offensive weapon by a felon.
• The marginal cost per day in prison is $24.51. The marginal cost per day on probation and parole is $7.68.

Correctional Impact

In FY 2024, there were 65 individuals admitted to prison and 172 individuals admitted to Community-Based Corrections (CBC) under Iowa Code section 724.26(1). Under the Bill, all 237 individuals would be admitted to prison and no individuals would be admitted to CBC. The distribution of these admissions across the offense categories created in the Bill cannot be estimated. The estimated length of stay (LOS) for individuals admitted to prison for this offense would increase from approximately 13.1 months to a minimum of 24.0 to 120.0 months. The LOS will depend on whether the individual was admitted for a first, second, third, fourth, or subsequent offense. Figure 1 shows the minimum LOS for each of these offense categories. Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 13, 2025, for information related to the correctional system.

Figure 1 — Minimum LOS Under SF 105

Minority Impact

Senate File 105 increases the penalty for the control, possession, receipt, or transportation of a firearm or offensive weapon by a felon and may disproportionately impact Black individuals if trends remain constant. Of the 428 convictions under Iowa Code section 724.26(1) in FY 2024, 51.7% were White, 42.7% were Black, and 5.6% were other races. Iowa’s population is 85.6% White, 3.8% Black, and 10.6% other races. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January 13, 2025, for information related to minorities in the criminal justice system.

Fiscal Impact

Senate File 105 is estimated to increase costs to the DOC by at least $2.3 million for each group of individuals annually admitted to DOC supervision for an offense under Iowa Code section 724.26(1). This cost is incurred across the entire LOS. The distribution of admissions between a first, second, third, and fourth or subsequent offense cannot be estimated. Estimated costs by supervision status under current law and the Bill are displayed in Figure 2. This cost would recur for each annual group of admissions.

Figure 2 — Minimum Cost Increase to DOC Under SF 105 The DOC expects that individuals will be admitted for crimes under all new offense categories. As a result, the actual cost to the DOC is expected to be higher; however, the extent of these costs cannot be estimated. The cost per individual admitted for a second, third, fourth, or subsequent offense will be higher than the cost per individual admitted for a first offense due to higher mandatory minimum sentences, as shown in Figure 3.

Figure 3 — Total Prison Supervision Cost Per Person Under SF 105

Sources

• Department of Corrections
• Department of Management (DOM), Criminal Justice and Juvenile Justice Planning (CJJP)