Fiscal Note
Fiscal Services Division
HF 2608 – Unauthorized Aliens, Public Assistance and Smuggling (LSB5653HV)
Staff Contacts: Lindsey Ingraham (515.281.6764) lindsey.ingraham@legis.iowa.gov
Molly Kilker (515.725.1286) molly.kilker@legis.iowa.gov
Fiscal Note Version – New
Description
House File 2608 relates to state residency and citizenship requirements when determining
eligibility for public assistance and creates criminal offenses for the smuggling of persons.
Division I — State Residency and Citizenship Requirements for Public Assistance
Description
House File 2608 relates to state residency and citizenship requirements when determining
eligibility for public assistance and creates criminal offenses for the smuggling of persons.
Division I creates a new Iowa Code section that expands the verification process for public
assistance benefits. This Bill establishes that only a noncitizen who is both a resident of Iowa
and a qualified alien will be eligible for public assistance.
Background
Under current Iowa Code chapter 239,the Department of Health and Human Services (HHS) is
required to determine income eligibility, verify the identity of an applicant, and verify the assets
of an applicant in order for the applicant to receive public assistance benefits.
Assumptions
• The HHS will need to modify its interface network, which is estimated to require 239 hours of
work at $125 per hour.
• The verification required in HF 2608 will be completed through the Systematic Alien
Verification for Entitlements (SAVE) Program administered by the United States Department
of Homeland Security.
• The one-time costs will be paid with approximately 32.0% from State funds and 68.0% from
federal funds.
Fiscal Impact
The total one-time cost of Division I of the Bill is $92,000 to implement the information
technology changes required under HF 2608. The one-time cost to the HHS is estimated to be
approximately $29,000 and federal funds will be used to pay approximately $63,000. Figure 1
shows the breakdown of the one-time costs.
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 Figure 1 — One-time Costs to the HHS for HF 2608
FY 2025
Expense Category
Total State
Contractors $ 29,911 $ 9,544
Applications/System Changes 62,500 19,943
Total Costs $ 92,411 $ 29,487
Division II — Smuggling of Persons
Description
Division II of House File 2608 creates a new Iowa Code section which provides that the
smuggling of persons is a Class C felony. Under the Bill, a person commits the offense of
smuggling of persons when the actor knowingly does any of the following involving a noncitizen
individual:
• Uses a motor vehicle, aircraft, watercraft, or other means of conveyance to transport a
person with the intent to:
• Conceal the individual from a peace officer.
• Flee from a person the actor knows is a peace officer attempting to lawfully arrest or
detain the actor.
• Encourages or induces a person to enter or remain in the United States in violation of
federal law by concealing, harboring, or shielding that person from detection.
• Assists, guides, or directs two or more individuals to enter or remain on agricultural land
without the effective consent of the owner.
Under the Bill, a person commits a Class B felony under any of the following circumstances:
• Commits the act of smuggling persons in a manner that creates substantial likelihood that
the smuggled individual will suffer bodily injury or death.
• Smuggles an individual under 18 years of age.
• Smuggles persons with the intent to obtain a pecuniary benefit.
• During the commission of the offense, the person, another party to the offense, or an
individual assisted, guided, or directed by the person knowingly possesses a firearm.
A person commits a Class A felony under any of the following circumstances:
• As a result of the smuggling, the smuggled individual becomes a victim of sexual abuse
under Iowa Code section 709.2 or Iowa Code section 709.3.
• The smuggled individual suffers serious bodily injury or death.
Background
A Class A felony is punishable by confinement for life in prison without possibility for parole or
probation. A Class B felony is punishable by confinement for no more than 25 years. A Class C
felony is punishable by confinement for no more than 10 years and a fine of at least $1,270, but
no more than $13,660.
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.
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Correctional Impact
Division II of House File 2608 creates new criminal offenses, and the correctional impact
cannot be estimated due to a lack of existing conviction data. Figure 2 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 B felonies and Class C felonies. Class A felonies are punishable by a
mandatory life sentence and do not include parole, probation, or CBC marginal costs. The
marginal cost per day for an individual in prison is $24.94. 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 2 — Sentencing Estimate and Length of Stay Under HF 2608
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
B Felony (Persons) 95.2% 132.1 $24.94 9.7% 53.3 $ 7.67 2.1% $ 20.00 45.5% $ 50.00 26.7 $ 7.67
B Felony (Non-Persons) 91.5% 42.5 $24.94 32.5% 34.0 $ 7.67 1.7% $ 20.00 39.3% $ 50.00 30.1 $ 7.67
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
Minority Impact
Division II of House File 2608 creates new 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
Division II of House File 2608 creates new criminal offenses, and the fiscal impact cannot be
estimated due to a lack of existing data. Figure 3 shows the average State cost per offense for
a Class A felony, Class B felony, and Class C felony. 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 3 — Average State Cost Per Offense
Offense Class Average Cost
Class A Felony $198,300 to $202,500
Class B Felony $16,100 to $55,200
Class C Felony $14,300 to $27,500
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Sources
Department of Corrections
Criminal and Juvenile Justice Planning, Department of Management
Department of Health and Human Services
Legislative Services Agency
/s/ Jennifer Acton
March 6, 2024
Doc ID 1447082
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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