Fiscal Note
Fiscal Services Division
SF 2328 – Criminal Victims’ Rights, Recidivism Reduction (LSB5174SV.1)
Staff Contact: Isabel Waller (515.281.6561) isabel.waller@legis.iowa.gov
Fiscal Note Version – As amended and passed by the Senate
Description
Senate File 2328 relates to criminal law, including the disclosure of a defendant’s privileged
records in a criminal action, no-contact orders, penalties for domestic abuse assault, limitations
on criminal actions involving certain sexual offenses, criminal sentencing and corrections, parole
and work release, crime victim rights, discovery in criminal actions, postconviction relief
procedure, certain reporting requirements, and conditional guilty pleas.
Division I — Communications in Professional Confidence — Criminal Actions
Description
Division I of SF 2328 limits exculpatory information in certain circumstances to only information
that tends to negate the guilt of the defendant, and not information that is merely impeaching or
is substantially cumulative in nature.
Assumptions
• According to the Office of the State Public Defender, the provisions of Division I may lead to
a substantial increase in the number of Brady motions.
• The Office of the State Public Defender estimates each Brady motion will take an average of
3.5 hours of attorney time to investigate the Brady issue, prepare the Brady motion, and
hear the motion in court.
• State Public Defender contract attorneys are paid $76 per hour for Class A felony cases,
$71 per hour for Class B felony cases, and $66 per hour for all other cases.
• There were 66 Class A felony, 1,097 Class B felony, and 37,387 Class C felony claims to
the Indigent Defense Fund in FY 2019.
• The average contract attorney cost per hour for an indigent defense claim in FY 2019 was
approximately $66.
• The cost of a State Public Defender full-time equivalent (FTE) position is approximately
$90,000 per year to the State Public Defender operating budget.
• A State Public Defender attorney works approximately 2,000 hours per year.
• The cost per hour for a State Public Defender attorney is approximately $45.
• State Public Defender attorneys closed 63,908 cases in FY 2019.
• It is not known how many additional Brady motions will result from this Division.
Fiscal Impact
Division 1 may lead to a substantial increase in the number of Brady motions for State Public
Defender attorneys and contract attorneys, but the extent of this increase is not known. As
shown in Table 1 below, the annual cost to the Indigent Defense Fund and the State Public
Defender operating budget if 10.0% of State Public Defender cases have an additional Brady
motion as a result of this Bill is $891,000 and $1.0 million, respectively. Both are funded
through the General Fund.
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 Table 1 — Potential Annual Cost to the Office of the State Public Defender
Additional Hours Attorney Percent of Cases With
Cases Total Cost
Per Brady Claim Hourly Rate a New Brady Claim
Indigent Defense Fund 38,550 3.5 $66 10% $890,500
State Public Defender
63,908 3.5 $45 10% $1,006,600
Operating Budget
Division II — No-Contact Orders
Description
Division II relates to the modification and extension of no-contact orders. Under the Bill, when a
no-contact order expires, the court is to modify and extend the no-contact order for an additional
five years unless the defendant files an application within 90 days prior to the expiration and the
court finds that the defendant no longer poses a threat to the safety of the victim, persons
residing with the victim, or members of the victim’s family.
Background
Under Iowa Code chapter 664A, no-contact orders may be entered by the court for violations or
alleged violations of harassment, stalking, sexual abuse in the first degree, sexual abuse in the
second degree, sexual abuse in the third degree, or any other public offense for which there is a
victim.
Iowa Code section 664A.8 currently provides that the court is to modify and extend a no-contact
order for an additional five years only upon the filing of an application by the State or by the
victim within 90 days prior to the expiration of the no-contact order. Upon such an application
by the State or the victim, the court is to modify and extend the no-contact order unless the
court finds that the defendant no longer poses a threat to the safety of the victim, persons
residing with the victim, or members of the victim’s family.
Assumptions
• Based on whether an extension is resisted by the defendant, some no-contact order
extensions will require a court hearing and some will not.
• The average cost per hour combined for a district judge or district associate judge plus a
court reporter, judicial specialist, and clerk of court is $229.
• Court time for each no-contact order extension will average approximately 10 minutes.
• Each no-contact order extension will cost approximately $38 for court time.
• Approximately 14,300 no-contact orders will be affected by the Bill each year from FY 2023
to FY 2027.
• The extension of a no-contact order for an additional five years will occur indefinitely unless,
upon application by the defendant, the court finds that the defendant no longer poses a
threat.
• Beginning in FY 2028, no-contact orders extended under this Bill will be up for extension
again.
Fiscal Impact
Division II is expected to increase costs to the Judicial Branch by approximately $543,000 per
year from FY 2023 to FY 2027. The Judicial Branch is funded through the General Fund.
Table 2 provides the estimated cost per year to the Judicial Branch from FY 2023 to FY 2027.
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 Table 2 — Cost to Judicial Branch
No-Contact Average Cost Total Cost Per Year
Orders Affected Per Extension FY 2023 to FY 2027
14,300 $38 $543,400
In the succeeding fiscal years, no-contact orders that would be extended under this Bill would
be up for extension again, which may lead to a large growth in the number of no-contact orders
to be modified and extended each year. This would likely cause a significant fiscal impact to the
Judicial Branch in succeeding fiscal years.
Additionally, the Office of the State Public Defender notes that an increased number of no-
contact orders will lead to an increase in no-contact order violations. Providing indigent defense
to defendants who violate no-contact orders will increase costs to the Indigent Defense Fund,
but the extent of this increase cannot be estimated.
Division III — Domestic Abuse Assault Penalties
Description
Division III eliminates current law that provides that a conviction for, deferred judgment for, or
plea of guilty to domestic abuse assault that occurred more than 12 years before the date of the
violation charged is not to be considered in determining that the violation charged is a second
and subsequent offense.
Background
Iowa Code section 708.2A provides that a second conviction for domestic abuse assault results
in a higher conviction class than if it were a first conviction and that a third or subsequent
offense is a Class D felony. Penalties for domestic abuse assault include a simple
misdemeanor, a serious misdemeanor, an aggravated misdemeanor, and a Class D felony,
based on injury caused, intent to inflict a serious injury, use of a weapon, and prior offenses.
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.
Correctional Impact
The removal of the 12-year provision in Division III could result in a reclassification of class
based on the first offense. In FY 2021, there were 68 individuals convicted under Iowa Code
section 708.2A who also had a prior conviction under Iowa Code section 708.2A 12 or more
years prior, 4 of which were for aggravated misdemeanors, 10 for serious misdemeanors, and
54 for simple misdemeanors. It cannot be determined which of the original offenses would
result in an increased class of conviction, but there would likely be an increase in convictions for
second and subsequent offenses and an increase in prison admissions. The proportion of the
increase cannot be estimated.
Table 3 below shows estimates for sentencing to State prison, parole, probation, or community-
based corrections (CBC) residential facilities; LOS under those supervisions; and supervision
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marginal costs per day for all convictions of Class D felonies, aggravated misdemeanors, and
serious misdemeanors. A conviction for a simple misdemeanor does not result in a prison
sentence but does carry the possibility of confinement for up to 30 days. Marginal county jail
costs are estimated to be $50 per day. Refer to the Legislative Services Agency (LSA) memo
addressed to the General Assembly, Cost Estimates Used for Correctional Impact Statements,
dated January 18, 2022, for information related to the correctional system.
Table 3 — Sentencing Estimates and Length of Stay (LOS)
FY 21 Avg FY 21 Percent Percent Avg FY 21
Percent LOS in Marginal Percent Avg LOS FY 21 Avg Sentenced FY 21 Ordered Marginal LOS on Marginal
Ordered Prison in Cost Per Ordered on Cost Per to CBC Marginal to Cost Per Parole Cost Per
Conviction to State Months (All Day to Probation Day Residential Cost Per County Day in Day
Offense Class Prison Releases) Prison Probation in Months Probation Facility Day CBC Jail Jail Months Parole
D Felony
84.2% 18.8 $23.33 47.8% 32.8 $7.01 10.5% $17.78 38.6% $50.00 11.3 $7.01
(Persons)
Aggravated
Misdemeanor 47.0% 9.6 $23.33 51.7% 20.6 $7.01 5.2% $17.78 70.7% $50.00 6.2 $7.01
(Persons)
Serious
1.8% 6.5 $23.33 56.0% 14.5 $7.01 0.9% $17.78 69.0% $50.00 18.1 $7.01
Misdemeanor
Minority Impact
Division III may have a disproportionate impact on African Americans. Of the 68 individuals who
had a prior conviction under Iowa Code section 708.2A 12 or more years prior who may be
convicted of an increased class under this Bill, 69.1% were Caucasian and 17.6% were African
American, while the Iowa population is 85.3% Caucasian and 3.9% African American. Refer to
the LSA memo addressed to the General Assembly, Minority Impact Statement, dated January
18, 2022, for information related to minorities in the criminal justice system.
Fiscal Impact
The fiscal impact of Division III cannot be estimated due to a lack of data. Table 4 below shows
the average State cost per offense for a Class D felony, aggravated misdemeanor, serious
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.
Table 4 — Average State Cost Per Offense
Class D Felony $9,100 to $16,600
Aggravated Misdemeanor $4,900 to $9,500
Serious Misdemeanor $410 to $7,000
Simple Misdemeanor $40 to $370
Division IV — Limitation of Criminal Actions Involving Certain Sexual Offenses
Description
Division IV adds the following offenses to the list of offenses for which an information or
indictment may be commenced at any time after the commission of the offense, when the
offense was committed on or with a person who is under the age of 18:
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• Continuous sexual abuse of a child.
• Kidnapping in the first degree when the person kidnapped, and as a consequence of the
kidnapping, is intentionally subjected to sexual abuse.
• Burglary in the first degree, when the person performs or participates in a sex act with any
person which would constitute sexual abuse.
Background
Under Iowa Code section 802.2B, the offenses for which an information or indictment may be
commenced at any time after the commission of the offense, when the offense was committed
on or with a person who is under the age of 18, currently include lascivious acts with a child,
assault with intent to commit sexual abuse, indecent contact with a child, lascivious conduct with
a minor, sexual misconduct with a juvenile, child endangerment, and sexual exploitation of a
minor.
Continuous sexual abuse of a child and burglary in the first degree are Class B felonies.
Kidnapping in the first degree is a Class A felony. A Class B felony is punishable by
confinement for no more than 25 years. A Class A felony is punishable by life in prison.
Assumptions
• The following will not change over the projection period: charge, conviction, and sentencing
patterns and trends; prisoner 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.
Correctional Impact
Division IV changes the statute of limitations for certain offenses, and the correctional impact
cannot be estimated due to a lack of data. This change will likely increase the number of prison
admissions for these offenses, but the extent of that increase cannot be calculated. Refer to the
LSA memo addressed to the General Assembly, Cost Estimates Used for Correctional Impact
Statements, dated January 18, 2022, for information related to the correctional system.
Minority Impact
Division IV changes the statute of limitations for certain offenses, and as a result, the Criminal
and Juvenile Justice Planning Division of the Department of Human Rights cannot use prior
existing data to estimate the minority impact. Refer to the LSA memo addressed to the General
Assembly, Minority Impact Statement, dated January 18, 2022, for information related to
minorities in the criminal justice system.
Fiscal Impact
Division IV changes the statute of limitations for certain offenses, and the fiscal impact cannot
be estimated due to a lack of data. The average State cost per offense for a Class A felony
must be calculated on an individual basis to determine prison costs. At a minimum, Class A
felonies require two indigent defense attorneys at a cost of approximately $39,200 and include
court time and jury trial costs ranging from $10,400 to $14,700. The average State cost per
offense for a Class B felony ranges from $12,600 to $45,700. The estimated impact to the State
General Fund includes operating costs incurred by the Judicial Branch, the Indigent Defense
Fund, and the DOC. The cost would be incurred across multiple fiscal years for prison and
parole supervision.
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Division V — Criminal Sentencing and Corrections
Description
Division V, Section 7, provides that if a person is sentenced for two or more separate offenses
contained in Iowa Code section 902.12(1) (murder in the second degree, attempted murder,
sexual abuse in the second degree, kidnapping in the second degree, robbery in the second
degree, and vehicular homicide under certain circumstances), and one or more of the
convictions is for an offense under Iowa Code chapter 709 or 710 (sexual abuse in the second
degree and kidnapping in the second degree), the sentences are required to be served
consecutively.
Division V, Section 9, provides that the minimum sentence of any person convicted of a felony
contained in Iowa Code section 902.12 and who did not receive a deferred judgment or a
deferred or suspended sentence should be determined as follows, if not already prescribed by
statute:
• A Class B felon should be confined for at least one year.
• A Class C felon should be confined for at least two months.
• A Class D felon should be confined for at least one month.
Division V, Section 10, adds to Iowa Code section 902.12, which currently provides minimum
sentences for certain felonies. The Bill provides for minimum sentences of at least 90.0% of the
maximum term for the following offenses. Division V also provides that in regards to earned
time, category C sentences include sentences for these offenses:
• Homicide or a related crime.
• Assault.
• Terrorism.
• Sexual abuse.
• Kidnapping or related offenses.
• Human trafficking, except for solicitation of commercial sexual activity.
• Robbery, aggravated theft, or extortion.
• Arson.
• Burglary, except for possession of burglar’s tools with the intent to use them in the
perpetration of a burglary.
• Criminal gang participation or gang recruitment.
• Sexual exploitation of a minor.
Background
Iowa Code section 902.12 provides a minimum sentence of at least 70.0% of a maximum term