Fiscal Note
Fiscal Services Division
HF 2311 – Constitutional Convention Commissioners (LSB1065HZ)
Staff Contact: Xavier Leonard (515.725.0509) xavier.leonard@legis.iowa.gov
Fiscal Note Version – New
Description
House File 2311 relates to persons appointed to a convention called by the United States
Congress to propose amendments to the Constitution of the United States. The Bill prohibits a
commissioner from acting beyond the authority granted by the commission, creates penalties for
violations and for interference with a commissioner’s duties, and provides definitions.
The Bill creates a Class D felony under new Iowa Code chapter 38 for violating provisions
related to acting beyond the scope of the authority of the commissioner’s commission or
subsequent instruction at a convention called by the United States Congress pursuant to Article
V of the Constitution of the United States.
Background
Article V of the Constitution of the United States allows for states to propose amendments to the
Constitution of the United States with the approval of two-thirds of the states.
A Class D felony is punishable by confinement for up to five years and a fine of at least $1,025
but not 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 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 $50 per day.
Correctional Impact
House File 2311 creates a new criminal offense, and the correctional impact cannot be
estimated for the Bill 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
Sentenced to
Percent FY23 Avg LOS Marginal Cost Percent FY23 Field Avg Cost Per CBC Percent FY23 Field Marginal Cost
Ordered to in Prison (All Per Day Ordered to Avg LOS on Day on Residential Marginal Cost Ordered to Marginal Cost Avg LOS on Per Day
Conviction Offense Class State Prison Releases) Prison Probation Probation Probation Facility Per Day CBC County Jail Per Day Jail Parole Parole
D Felony (Non-Persons) 84.4% 13.0 $ 24.94 69.8% 39.5 $ 7.67 14.5% $ 20.00 32.2% $ 50.00 15.7 $ 7.67
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Minority Impact
House File 2311 establishes a new offense. As a result, 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
House File 2311 establishes a new criminal offense, and the fiscal impact cannot be estimated
due to a lack of existing conviction data. The average State cost per offense for a Class D
felony ranges from $12,600 to $18,200. 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.
Sources
Criminal and Juvenile Justice Planning, Department of Management
Department of Corrections
Legislative Services Agency
/s/ Jennifer Acton
February 15, 2024
Doc ID 1446143
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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