Fiscal Note
Fiscal Services Division
HF 2531 – Nuisances, Adult Establishments (LSB5507HV.2)
Staff Contact: Justus Thompson (515.725.2249) justus.thompson@legis.iowa.gov
Fiscal Note Version – Final Action
Description
House File 2531 provides the circumstances where an adult establishment may be deemed to
be a public safety nuisance and provides penalties. The Bill establishes when a city or county
attorney may file suit to seek relief from an adult cabaret that has been deemed a public
nuisance.
Background
Iowa Code chapter 657 establishes what constitutes a nuisance and provides penalties. A
person who is convicted of constructing, causing, or continuing a public or common nuisance is
guilty of an aggravated misdemeanor.
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
House File 2531 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 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 (LOS)
Percent
Percent FY 2023 Marginal Percent FY23 Sentenced Percent
Ordered Avg LOS in Cost Per Ordered Field Avg Avg Cost to CBC Marginal Ordered Marginal FY23 Field Marginal
to State Prison (All Day to LOS on Per Day on Residential Cost Per to County Cost Per Avg LOS Cost Per
Conviction Offense Class Prison Releases) Prison Probation Probation Probation Facility Day CBC Jail Day Jail on Parole Day Parole
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)
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Minority Impact
House File 2531 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
House File 2531 creates a new criminal offense, and the fiscal impact cannot be estimated due
to a lack of existing conviction data. The average State cost for an aggravated misdemeanor
conviction ranges from $7,500 to $10,800. 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
Department of Corrections
Criminal and Juvenile Justice Planning, Department of Management
Legislative Services Agency
/s/ Jennifer Acton
May 1, 2024
Doc ID 1449725
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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