Bill Summary – FastDemocracy

Fiscal Note
                                        Fiscal Services Division
SF 2340 – Illegal Entry or Presence, Prohibition and Enforcement (LSB6048SV.1)
Staff Contact: Molly Kilker (515.725.1286) molly.kilker@legis.iowa.gov
Fiscal Note Version – Final Action
Description
Senate File 2340 creates a new Iowa Code chapter related to illegal reentry into the State by
certain aliens; creates procedures for law enforcement, the Department of Public Safety (DPS),
and judicial officers; and establishes criminal offenses.
Senate File 2340 establishes that a person commits an aggravated misdemeanor if the person
enters, attempts to enter, or is at any time found in the State under the following circumstances:
• The person has been denied admission to or has been excluded, deported, or removed from
   the United States.
• The person has departed from the United States while an order of exclusion, deportation, or
   removal is outstanding.
Under the Bill, a person commits a Class D felony under the following circumstances:
• The person’s removal was after a conviction for the commission of two or more
   misdemeanors involving drugs, crimes against a person, or both.
• The person was excluded pursuant to 8 U.S.C. §1225(c) (inspection by immigration officers;
   expedited removal of inadmissible arriving aliens; referral for hearing) because the
   defendant was excludable under 8 USC §12282(a)(3)(B).
• The person was removed pursuant to the provisions of 8 U.S.C. ch. 12, subch. V (alien
   terrorist removal procedures).
• The person was removed pursuant to 8 U.S.C. §1231(a)(4)(B) (detention and removal of
   aliens).
Under the Bill, a person commits a Class C felony if the person was removed after a conviction
for the commission of a felony. A person also commits a Class C felony if they are charged with
an offense under the Bill, a judge issued an order for the person to return to the foreign nation
from which the person entered, and the person failed to comply with the order.
Senate File 2340 sets rules for peace officers and the DPS that limit locations an individual may
be arrested for illegal reentry, tasks required prior to the issuance of a return order, and criminal
record reporting requirements.
The Bill creates procedures for the Judicial Branch and judges related to written orders; restricts
the use of deferred judgments, sentences or suspended sentences in certain circumstances;
and restricts the abatement of prosecution in certain circumstances.
The Bill also provides standards related to civil immunity for and indemnification of local and
state government officials, employees, and contractors.
Background
A Class C felony is punishable by confinement for up to 10 years and a fine of at least $1,370
but not more than $13,660. A Class D felony is punishable by confinement for up to five years
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and a fine of at least $1,025 but not more than $10,245. An aggravated misdemeanor is
punishable by confinement for up to two years and a fine of at least $855 but not more than
$8,540.
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 2340 creates new criminal offenses, 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 C
felonies, Class D felonies, and aggravated 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.
                               Figure 1 — Sentencing Estimate and Length of Stay
                                                                                          Percent
                            Percent    FY 2023              Percent    FY23              Sentenced            Percent               FY23
                           Ordered to Avg LOS in Marginal Ordered Field Avg Avg Cost      to CBC    Marginal Ordered     Marginal Field Avg Marginal
                              State   Prison (All Cost Per     to     LOS on Per Day on Residential Cost Per to County   Cost Per LOS on Cost Per
Conviction Offense Class     Prison   Releases) Day Prison Probation Probation Probation  Facility  Day CBC     Jail     Day Jail Parole Day Parole
C Felony (Non-Persons)       86.0%       19.4      $24.94    64.2%      42.2   $    7.67   13.0%    $ 20.00    34.0%     $ 50.00     21.3   $   7.67
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
Aggravated Misdemeanor
                             30.4%       7.5      $24.94    45.0%      25.1   $     7.67    3.6%    $   20.00   71.7%    $ 50.00    11.9   $    7.67
(Non-Persons)
Minority Impact
Senate File 2340 creates new criminal offenses. 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
Senate File 2340 creates new criminal offenses, and the fiscal impact to the correctional system
cannot be estimated due to a lack of existing conviction data. Figure 2 shows the average
State cost per offense for a Class C felony, a Class D felony, and an aggravated 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 C Felony       $14,300 to $27,500
                                         Class D Felony       $12,600 to $18,200
                                     Aggravated Misdemeanor $7,500 to $10,800
The cost to transport an individual to a port of entry is unknown. Although the fiscal impact
cannot be estimated, it may be significant.
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Sources
Department of Corrections
Criminal and Juvenile Justice Planning, Department of Management
Department of Public Safety
Judicial Branch
Legislative Services Agency
                                                                                  May 8, 2024
Doc ID 1449074
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: 135C.1
Enrolled: 135C.1