Bill Summary – FastDemocracy

Fiscal Note
                                        Fiscal Services Division
SF 2342 – Probation and Parole Conditions, Child Endangerment (LSB6294SV)
Staff Contact: Molly Kilker (515.725.1286) molly.kilker@legis.iowa.gov
Fiscal Note Version – New
Description
Senate File 2342 provides that a person on parole or work release who is serving a sentence
under Iowa Code section 726.6(5), 726.6(6), or 726.6(7) (child endangerment) is not permitted
to have unsupervised access to or provide supervision for a child or minor, even in a
circumstance where the parent or guardian of the minor has provided consent. The Bill also
provides the same regulations for a person on probation convicted of child endangerment under
Iowa Code section 726.6.
Background
Iowa Code sections 726.6(5) through 726.6(8) provide crimes and penalties for child
endangerment as follows:
• Iowa Code section 726.6(5): A person who commits child endangerment resulting in the
   death of a child or minor commits a Class B felony. Notwithstanding Iowa Code section
   902.9(1)(b), a person convicted of a violation of this section may not be confined for more
   than 50 years.
• Iowa Code section 726.6(6): A person who commits child endangerment resulting in serious
   injury to a child or a minor commits a Class C felony.
• Iowa Code section 726.6(7): A person who commits child endangerment resulting in bodily
   injury to a child or minor, or child endangerment in violation of Iowa Code section
   726.6(1)(g) that does not result in serious injury, or a person who commits child
   endangerment in violation of Iowa Code section 726.6(2) commits a Class D felony.
• Iowa Code section 726.6(8): A person who commits child endangerment that is not subject
   to penalty under Iowa Code sections 726.6(5) through 726.6(7) commits an aggravated
   misdemeanor.
A Class B felony is punishable by confinement for up to 25 years. A Class C felony is
punishable by confinement for up to 10 years and a fine of at least $1,270, but no more than
$13,660. 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. An aggravated misdemeanor is punishable by
confinement for up to two years and a fine of at least $855, but no more than $8,540.
In FY 2023, there were 221 total convictions for child endangerment under Iowa Code
sections 726.6(5) through 726.6(7) and 765 total convictions for child endangerment under Iowa
Code section 726.6(8).
Under current law, the standard terms of parole state that the parolee may not have any contact
with a victim or the family of a victim unless approved by the Board of Parole (BOP). The BOP
requires a recommendation from the parolee’s supervising officer that contact should be
approved, in addition to a notarized letter from the victim, or parent or guardian if the victim is a
minor, stating that the victim wants contact with the parolee. Additionally, a parolee convicted of
any form of child endangerment under Iowa Code section 726.6 may not have direct or indirect
contact with a minor until approved by the Judicial District Director or the Director’s designee.
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The parolee also may not work, reside, or establish contact with or join any group or
organization that deals with minors until approved by the Judicial District Director or the
Director’s designee.
Assumptions
• In calendar year (CY) 2022 the Department of Health and Human Services (HHS) received
   28,210 child abuse assessments, 25.0% of which were founded. The HHS assumes that
   10.0% of these cases had a parent, guardian, or custodian on probation, parole, or work
   release for a sentence of child endangerment. This equals a total of 701 cases.
• Of the 701 cases, 50.0% have another parent, guardian, or custodian to care for or
   supervise access to the child. This equals a total of 351 cases that will require the child to
   be placed in foster care annually.
• If there are two children involved in the case, there will be a total of 701 children who require
   foster care annually.
• If there are three children involved in the case, there will be a total of 1,053 children who
   require foster care annually.
• Costs per case are applied 62.0% State and 38.0% federal.
• The average State cost for a child in foster care is $5,400.
• The HHS receives federal dollars through Title IV-E to assist with foster care costs.
Fiscal Impact
The annual fiscal impact of SF 2342 to the HHS is estimated to range from $1.9 million (351
children) to $5.7 million (1,053 children) annually depending on the number of children entering
foster care.
                    Figure 1 — Annual Fiscal Impact Summary of SF 2342
                                                               FY 2025
                          Foster Care Cases
                                                         Total        State
                   Foster Care Cost Per Case          $     8,700 $     5,400
                    351 Cases                         $ 3,053,700 $ 1,895,400
                    701 Cases                         $ 6,098,700 $ 3,785,400
                    1,053 Cases                       $ 9,161,100 $ 5,686,200
Sources
Department of Health and Human Services
Board of Parole
Legislative Services Agency
                                                                               /s/ Jennifer Acton
                                                                                 March 5, 2024
Doc ID 1447353
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: 906.4, 726.6