Bill Summary – FastDemocracy

Fiscal Note
                                                           Fiscal Services Division
SF 2174 – Assaults in Violation of Protective Orders (LSB5492SV)
Staff Contact: Molly Kilker (515.725.1286) molly.kilker@legis.iowa.gov
Fiscal Note Version – New
Description
Senate File 2174 provides that a person against whom a protective order has been issued and
who commits an assault against a person protected by the same protective order (if the
protective order is in effect at the time of the assault) commits a Class D felony.
Background
Iowa Code chapter 708 establishes the penalties for assault. A person who violates a protective
order issued under Iowa Code chapter 664A (no-contact orders) or Iowa Code chapter 236
(domestic abuse) commits either a contempt of court or a simple misdemeanor. In FY 2023,
there were 22,145 protective orders, temporary orders, and no contact orders.
A Class D felony is punishable by confinement for up to five years and a fine of at least $1,025
but no more than $10,245.
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
Senate File 2174 creates a new criminal offense, 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 supervision marginal costs per day for Class D
felonies. 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.
                           Figure 1 — Sentencing Estimate and Length of Stay (LOS)
                                                                                            Percent
                           Percent   FY 2023                        FY23 Field            Sentenced to Marginal Percent                       Marginal
                           Ordered Avg LOS in Marginal Percent       Avg LOS Avg Cost         CBC       Cost   Ordered to Marginal FY23 Field Cost Per
                           to State Prison (All Cost Per Ordered to    on      Per Day on Residential CBC Per County Cost Per Avg LOS           Day
Conviction Offense Class    Prison  Releases)     Day    Probation Probation Probation      Facility     Day      Jail    Day Jail on Parole Parole
D Felony (Persons)          82.6%      20.5     $24.94     53.9%      35.3       $   7.67   9.8%       $ 20.00    36.9%   $ 50.00     15.6    $   7.67
Aggravated Misdemeanor
                            47.6%      10.6     $24.94     67.6%      25.1       $   7.67   5.2%       $ 20.00    55.9%   $ 50.00      6.7    $   7.67
(Persons)
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Minority Impact
Senate File 2174 creates a new criminal offense. As a result, the Criminal and Juvenile Justice
Planning (CJJP) of the Department of Management (DOM) cannot use existing data to estimate
the minority impact of the Bill. 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
Senate File 2174 creates a new criminal offense, and the fiscal impact cannot be estimated due
to a lack of existing conviction data. Figure 2 shows the average State cost per offense for a
Class D felony, aggravated 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.
                           Figure 2 — Average State Cost Per Offense
                               Offense Class         Average Cost
                               Class D Felony      $12,600 to $18,200
                           Aggravated Misdemeanor $7,500 to $10,800
                             Simple Misdemeanor       $40 to $400
Sources
Department of Corrections
Criminal and Juvenile Justice Planning, Department of Management
Legislative Services Agency
                                                                         /s/ Jennifer Acton
                                                                         February 6, 2024
Doc ID 1445601
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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