Establishing the criminal offense of the smuggling of persons, and providing penalties

Description

House File 572 establishes the criminal offense of smuggling of persons and provides penalties. Under the Bill, a person commits the offense of smuggling of persons when the person knowingly, for payment or anything of value, does any of the following involving a person in violation of federal immigration laws:

• Transports an individual with the intent to conceal the individual from a peace officer or flee from a peace officer attempting to lawfully arrest or detain the actor;
• Encourages or induces a person to enter or remain in the United States in violation of federal law by concealing, harboring, or shielding that person from detection; or
• Assists, guides, or directs two or more individuals to enter or remain on agricultural land without the effective consent of the owner.

The Bill provides that smuggling of persons is a Class C felony; however, the offense is a Class B felony if any of the following occurs:

• The person commits the offense in a manner that creates a substantial likelihood that the smuggled individual will suffer serious bodily injury or death;
• The person smuggled an individual who is a child younger than 18 years of age at the time of the offense;
• The person committed the offense with the intent to obtain a pecuniary benefit; or
• During the commission of the offense, the actor; another party to the offense; or another individual assisted, guided, or directed by the actor knowingly possessed a firearm. The Bill provides that a violation is a Class A felony under any of the following circumstances:
• If, as a direct result of the commission of the offense, the smuggled individual became a victim of sexual abuse in the first degree under Iowa Code section 709.2 or sexual abuse in the second degree under Iowa Code section 709.3; or
• If the smuggled individual suffered serious bodily injury or death.

Background

A Class A felony is punishable by confinement for life in prison without the possibility of parole. A Class B felony is punishable by confinement for no more than 25 years. A Class C felony is punishable by confinement for up to 10 years and a fine of at least $1,370 but no more than $13,660.

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.
• At a minimum, Class A felonies require two indigent defense attorneys at a cost of approximately $44,000 and include court time and jury trial costs ranging from $10,000 to $14,000.

Correctional Impact

House File 572 creates new criminal offenses, 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 marginal costs per day for Class B and Class C felonies. A Class A felony is punishable by confinement for life in prison without the possibility of parole. 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 — Sentencing Estimates and Length of Stay (LOS) in Months

Minority Impact

House File 572 creates new criminal offenses, and as a result, Criminal and Juvenile Justice Planning (CJJP) of the Department of Management (DOM) cannot use existing data to determine the minority impact. Refer to the LSA memo addressed to the General Assembly, Minority Impact Statements, dated January 13, 2025, for information related to minorities in the criminal justice system.

Fiscal Impact

House File 572 creates new criminal offenses, and the fiscal impact cannot be determined. Figure 2 shows the average State cost per offense for a Class B felony and a Class C felony. The average State cost for a Class A felony ranges between $199,400 and $203,600. The estimated impact to the General Fund includes operating costs incurred by the Judicial Branch, the Indigent Defense Fund, and the Department of Corrections. The costs would be incurred across multiple fiscal years for prison and parole supervision.

Figure 2 — Average State Cost Per Offense

Offense Class Average Cost

Class B Felony $17,600 to $47,300 Class C Felony $14,900 to $25,600Conviction Offense Class

Percent

Ordered to

State Prison

FY 2024 Avg

LOS in

Prison (All Releases)

Marginal

Cost Per

Day Prison

Percent

Ordered to

Probation

FY 2024

Field Avg

LOS on

Probation

Avg Cost

Per Day on

Probation

Marginal

Cost Per

Day CBC

Marginal

Cost Per

Day Jail

FY 2024

Field Avg

LOS on

Parole

Marginal

Cost Per

Day Parole

B Felony (Persons) 97.9% 80.1 $24.51 14.7% 45.5 $7.68 $18.37 $50.00 39.3 $7.68 C Felony (Persons) 89.8% 37.8 $24.51 35.9% 43.4 $7.68 $18.37 $50.00 21.3 $7.68

Sources

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