Bill Summary – FastDemocracy

Fiscal Note
                                       Fiscal Services Division
SF 242 – Burglary, Sex Abuse (LSB1323SV)
Staff Contact: Christin Mechler (515.250.0458) christin.mechler@legis.iowa.gov
Fiscal Note Version – New
Description
Senate File 242 establishes that a person convicted of sexual abuse committed during a
burglary shall, in addition to any other punishment provided, also be sentenced to a special
sentence committing the person into the lifetime custody of the Director of the Department of
Corrections (DOC), with eligibility for parole as provided in Iowa Code chapter 906. Under
current law, a person commits burglary in the first degree, a Class B felony under Iowa Code
section 713.3, if, while perpetrating the burglary in or upon an occupied structure where one or
more individuals reside, the person performs or participates in a sex act that constitutes sexual
abuse under Iowa Code section 709.1.
A person who commits sexual abuse during a burglary is classified as a Tier III sex offender
under Iowa Code section 692A.102(1)(c)(17), and is required to register as such.
Background
Current law provides that a person convicted of a Class C felony or greater under Iowa Code
chapter 709 (Sexual Abuse), or a Class C felony under Iowa Code section 728.12 (Sexual
Exploitation of a Minor), shall be sentenced to a special sentence committing the person into the
lifetime custody of the Director of the DOC, with eligibility for parole as provided in Iowa Code
chapter 906.
A sex offender who has been sentenced to a special sentence under Iowa Code section 903B.1
is required to register on the Sex Offender Registry for a period equal to the term of the special
sentence.
Under current law, a Class B felony is punishable by confinement of no more than 25 years.
Assumptions
• The following will not change over the projection period: charge, conviction, and sentencing
   patterns and trends; prisoner length of stay; 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.
Correctional Impact
Senate File 242 expands the penalty associated with the crime of first-degree burglary by
requiring an offender to be sentenced to a special sentence if, during the commission of the
crime, the offender performs or participates in a sex act that constitutes sexual abuse. The
DOC expects the impact of SF 242 to be minimal as crimes involving burglary in the first degree
                                                1
and concurrent sexual abuse occur infrequently. Although the average daily marginal cost to
supervise an individual under a special sentence is approximately 31.0% higher, at a cost of
$7.05 daily rather than $5.38 daily, the DOC estimates that the fiscal impact of SF 242 will be
minimal as it is current practice to place individuals who commit crimes of such nature under
special supervision.
Table 1 provides estimates for sentencing to State prison, parole, probation, or Community
Based Corrections (CBC) residential facilities; length of stay (LOS) under those supervisions;
and supervision marginal costs per day for all convictions of Class B felonies. In FY 2020, there
were two convictions of sexual abuse committed during a burglary, and both of these convicted
individuals had already been placed under a lifetime special sentence due to their previous sex-
crime-related convictions. 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 — Sentencing Estimates and Length of Stay (LOS)
                              Avg      FY 20                              Percent                          Avg                     FY 20
                            Length of Marginal Percent          Avg Cost Sentenced     FY 20              Length                  Average
                    Percent Stay      Cost Per Ordered Avg LOS Per Day    to CBC     Marginal  Percent of Stay in Marginal        Cost Per
 Conviction Offense    to    Prison     Day       to      on       on    Residential Cost CBC Ordered to County Cost Per Avg LOS    Day
       Class         Prison (months) Prison Probation Probation Probation Facility    Per Day County Jail  Jail     Day on Parole Parole
Class B Felony
(Persons)            93.0%    85.3     $20.33   6.6%     38.7     $5.38      4%        $14.78   57.9%      N/A     $50.00  33.2    $5.38
Minority Impact
The minority impact of SF 242 is as follows: African Americans comprised 4.1% of the adult
population of the State in FY 2020 and 33.3% of the convictions under Iowa Code section 713.3
offenses in FY 2020. This 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
The fiscal impact of SF 242 cannot be estimated. The Bill expands the penalty associated with
an existing offense, and the resulting cost to the justice system cannot be estimated.
Table 2 shows estimates for the average State cost per offense class type. The estimates
include operating costs incurred by the Judicial Branch, the State Public Defender, and the DOC
for one additional conviction. The cost would be incurred across multiple fiscal years for prison
and parole supervision.
                          Table 2 — Average State Cost Per Offense Class Type
                     Offense Class       Total Minimum Cost Total Maximum Cost
                Class B Felony (Persons) $            12,700 $           35,800
                                                                 2
Sources
Department of Corrections
Criminal and Juvenile Justice Planning Division, Department of Human Rights
                                                                        /s/ Holly M. Lyons
                                                                         February 4, 2021
Doc ID 12116691211669
The fiscal note for this Bill was prepared pursuant to Joint Rule 17 and the Iowa Code. Data used in
developing this fiscal note is available from the Fiscal Services Division of the Legislative Services
Agency upon request.
                                            www.legis.iowa.gov
                                                     3
Statutes affected: 
Introduced: 903B.1