Bill Summary – FastDemocracy

Fiscal Note
                                       Fiscal Services Division
HF 2239 – Dissemination of Obscene Materials to Minors, Penalty (LSB5234HV)
Staff Contact: Molly Kilker (515.725.1286) molly.kilker@legis.iowa.gov
Fiscal Note Version – New
Description
House File 2239 increases the penalty for a person who disseminates or exhibits obscene
material to a minor from a serious misdemeanor to an aggravated misdemeanor.
Background
Under Iowa Code section 728.2, the dissemination or exhibition of obscene material to a minor
is a serious misdemeanor.
In FY 2023, there were nine convictions under Iowa Code section 728.2. Of these, there were
no admissions to prison or probation. A violation of Iowa Code section 728.2 is a Tier I sex
offense and a person convicted of the offense is required to register as a sex offender for a
period of 10 years.
An aggravated misdemeanor is punishable by up to two years in confinement and a fine of at
least $855, but not more than $8,540. A serious misdemeanor is punishable by up to one year
of confinement and a fine of at least $430 but not more than $2,560.
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.
Correctional Impact
House File 2239 increases the penalty for an existing offense under Iowa Code section 728.2.
The correctional impact cannot be determined due to a lack of conviction data, but is anticipated
to be minimal. 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 supervision marginal costs per day for aggravated misdemeanors and serious
misdemeanors. Refer to the Legislative Services Agency (LSA) memo addressed to the General
Assembly, Cost Estimates Used for Correctional Impact Statements, dated January 16, 2024,
for information related to the correctional system.
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                                Figure 1 — Sentencing Estimate and Length of Stay (LOS)
                                    FY 2023                                           Percent
                           Percent Avg LOS Marginal              FY23 Field Avg Cost Sentenced             Percent Avg LOS            FY23    Marginal
                           Ordered in Prison  Prison   Percent    Avg LOS Per Day     to CBC     Marginal Ordered     in   Marginal Field Avg Cost Per
                           to State   (All   Cost Per Ordered to    on         on    Residential CBC Cost to County County Cost Per LOS on      Day
Conviction Offense Class    Prison Releases)   Day    Probation Probation Probation    Facility   Per Day    Jail    Jail  Day Jail  Parole    Parole
Aggravated Misdemeanor
                            80.1%      8.6     $24.94    61.0%      25.6    $   7.67    7.7%    $   20.00   38.1%    N/A    $ 50.00    N/A    $   7.67
(Sex)
Serious Misdemeanor         1.7%       6.6     $24.94    53.0%      19.2    $   7.67    1.2%    $   20.00   74.2%    N/A    $ 50.00    N/A    $   7.67
      Minority Impact
      House File 2239 increases the penalty for an existing offense under Iowa Code section 728.2.
      The minority impact cannot be estimated due to a lack of data. Refer to the LSA memo
      addressed to the General Assembly, Minority Impact Statement, dated January 16, 2024, for
      information related to minorities in the criminal justice system.
      Fiscal Impact
      The fiscal impact cannot be determined, but is anticipated to be minimal. Figure 2 shows the
      average State cost per offense for an aggravated misdemeanor and a serious 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.
                                             Figure 2 — Average State Cost Per Offense
                                                  Offense Class        Average Cost
                                             Aggravated Misdemeanor $7,500 to $10,800
                                               Serious Misdemeanor     $400 to $6,900
      Sources
      Department of Corrections
      Criminal Juvenile Justice Planning, Department of Management
      Legislative Services Agency
                                                                                                     /s/ Jennifer Acton
                                                                                                    February 12, 2024
      Doc ID 1445477
      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: 728.2