Bill Summary – FastDemocracy

Fiscal Note
                                        Fiscal Services Division
SF 61 – Earned Time, Eligible Offenses (LSB1298XS)
Staff Contact: Isabel Waller (515.281.6561) isabel.waller@legis.iowa.gov
Fiscal Note Version – New
Description
Senate File 61 removes the requirement that earned time accrued be applied to reduce the
mandatory minimum sentences being served under the following Iowa Code sections:
• Iowa Code section 902.7, involving a forcible felony while using a dangerous weapon.
• Iowa Code section 902.8, involving a habitual offender.
• Iowa Code section 902.11, related to the eligibility of a prior forcible felon for parole or work
   release.
Background
Iowa Code chapter 903A establishes that an incarcerated individual may earn a reduction of
sentence through various means. Under Iowa Code section 903A.5, an inmate may not be
discharged from the custody of the Department of Corrections (DOC) until the inmate has
served the full term for which the inmate was sentenced, less earned time and other credits
earned and not forfeited, unless the inmate is pardoned or otherwise legally released. Earned
time accrued and not forfeited is applied to reduce a mandatory minimum sentence being
served pursuant to Iowa Code sections 124.406, 124.413, 902.7, 902.8, 902.8A, or 902.11.
Under Iowa Code section 902.7, the minimum sentence for an individual convicted of a forcible
felony with the use of a dangerous weapon is five years. Under Iowa Code section 902.8, the
minimum sentence for a habitual offender is three years. Under Iowa Code section 902.11, the
minimum sentence for an individual convicted of a felony who has a criminal record of one or
more prior convictions for a forcible felony is at least one-half of the maximum term of the
individual’s sentence.
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.
• 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
Senate File 61 may increase the LOS in prison for individuals serving mandatory minimum
sentences under Iowa Code sections 902.7, 902.8, and 902.11. This may increase the prison
population, but the extent of the increase in LOS and prison population cannot be estimated.
There are currently 871 incarcerated individuals serving mandatory minimum sentences under
Iowa Code sections 902.7, 902.8, and 902.11 who can accrue earned time to reduce their
sentences under current law but who could not under the Bill. Refer to the Legislative Services
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Agency (LSA) memo addressed to the General Assembly, Cost Estimates Used for
Correctional Impact Statements, dated January 20, 2023, for information related to the
correctional system.
Minority Impact
Senate File 61 may disproportionately impact African American individuals if trends remain
constant. Of the 871 incarcerated individuals currently serving mandatory minimum sentences
under Iowa Code sections 902.7, 902.8, and 902.11 for whom the LOS may increase under the
Bill, 65.0% are Caucasian, 31.9% are African American, and 3.1% are other races. Iowa’s
population is 84.5% Caucasian, 3.6% African American, and 11.9% other races. Refer to the
LSA memo addressed to the General Assembly, Minority Impact Statement, dated January
20, 2023, for information related to minorities in the criminal justice system.
Fiscal Impact
Senate File 61 may have a fiscal impact to the DOC, but the extent of the increase in costs to
the DOC cannot be estimated because the extent of the increase in LOS and prison population
is unknown. The DOC’s marginal cost per day per individual in prison is $23.42.
Sources
Department of Corrections
Department of Human Rights, Division of Criminal and Juvenile Justice Planning
Legislative Services Agency
                                                                         /s/ Jennifer Acton
                                                                         February 7, 2023
Doc ID 1368314
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
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Statutes affected: 
Introduced: 903A.5