Fiscal Note
Fiscal Services Division
HF 2602 – Grooming of Juveniles, Criminal Offense (LSB5895HV.2)
Staff Contact: Molly Kilker (515.725.1286) molly.kilker@legis.iowa.gov
Fiscal Note Version – Final Action
Description
House File 2602 establishes a new criminal offense of grooming and provides penalties. Under
the Bill, a person commits an act of grooming when the person knowingly attempts to seduce,
solicit, lure, or entice a person under 18 years of age to engage in an unlawful sex act or an act
of unlawful sexual conduct with the use of a computer, an Internet service, an electronic storage
or transmission device, or written communication. The penalty for an act of grooming is a Class
D felony.
Background
A person convicted of a Tier I, II, or III sex offense is required to register as a sex offender for a
period of 10 years. A Tier II offender is required to verify the offender’s information to the Iowa
Sex Offender Registry every six months, and a Tier III offender is required to verify the
offender’s information every three months.
A person convicted of a Class D felony for an offense under Iowa Code chapter 709 (sexual
abuse) must also be sentenced to a special sentence committing the person into the custody of
the director of the Department of Corrections for a period of 10 years, with eligibility for
probation or parole under Iowa Code chapter 906.
A Class D felony is punishable by confinement for no more than 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.
• Each claim for services rendered in the representation of a defendant charged with
grooming will result in a claim of $1,460 or more to the Indigent Defense Fund.
Correctional Impact
House File 2602 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.
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 Figure 1 — Sentencing Estimate and Length of Stay (LOS)
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
D Felony (Sex) 91.5% 32.3 $24.94 45.4% 40.1 $ 7.67 2.8% $ 20.00 39.7% $ 50.00 8.7 $ 7.67
Minority Impact
House File 2602 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 2602 is estimated to increase costs to the State Public Defender and Indigent
Defense Fund by $306,000 per year. The fiscal impact to the correctional system 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
Department of Corrections
Criminal and Juvenile Justice Planning, Department of Management
Office of the State Public Defender
Legislative Services Agency
/s/ Jennifer Acton
May 8, 2024
Doc ID 1449781
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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