Fiscal Note
Fiscal Services Division
HF 231 – Burglary, Sex Abuse (LSB1323HV.1)
Staff Contact: Laura Book (515.205.9275) laura.book@legis.iowa.gov
Fiscal Note Version – Final Action
Description
House File 231 establishes that a person convicted of sexual abuse committed during a
burglary is, in addition to any other punishment provided, to be sentenced to a special sentence
committing the person into the lifetime custody of the Director of the Department of Corrections
(DOC), with eligibility for parole as provided in Iowa Code chapter 906. Under current law, a
person commits burglary in the first degree, a Class B felony under Iowa Code section 713.3, if,
while perpetrating the burglary in or upon an occupied structure where one or more individuals
reside, the person performs or participates in a sex act that constitutes sexual abuse under Iowa
Code section 709.1.
A person who commits sexual abuse during a burglary is classified as a Tier III sex offender
under Iowa Code section 692A.102(1)(c)(17), and is required to register as such.
Background
Current law provides that a person convicted of a Class C felony or greater under Iowa Code
chapter 709 (Sexual Abuse), or a Class C felony under Iowa Code section 728.12 (Sexual
Exploitation of a Minor), is to be sentenced to a special sentence committing the person into the
lifetime custody of the Director of the DOC, with eligibility for parole as provided in Iowa Code
chapter 906.
A sex offender who has been sentenced to a special sentence under Iowa Code section 903B.1
is required to register on the Sex Offender Registry for a period equal to the term of the special
sentence.
Under current law, a Class B felony is punishable by confinement of no more than 25 years.
Assumptions
• The following will not change over the projection period: charge, conviction, and sentencing
patterns and trends; prisoner length of stay; revocation rates; plea bargaining; and other
criminal justice system policies and practices.
• A lag effect 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.
• The average daily marginal cost per offender under a special sentence is $7.05 per day and
the average daily marginal cost per offender under parole supervision is $5.38 per day.
Correctional Impact
House File 231 increases the penalty associated with the crime of first-degree burglary by
requiring an offender to be sentenced to a special sentence if, during the commission of the
crime, the offender performs or participates in a sex act that constitutes sexual abuse. The
DOC expects the correctional impact of HF 231 to be minimal as crimes involving burglary in the
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first degree and concurrent sexual abuse occur infrequently. In FY 2020, there were two
convictions of sexual abuse committed during a burglary, and both of these convicted
individuals had already been placed under a lifetime special sentence due to their previous sex-
crime-related convictions.
Table 1 provides estimates for sentencing to State prison, parole, probation, or Community
Based Corrections (CBC) residential facilities; length of stay (LOS) under those supervisions;
and supervision marginal costs per day for all convictions of Class B felonies. Refer to the
Legislative Services Agency (LSA) memo addressed to the General Assembly, Cost Estimates
Used for Correctional Impact Statements, dated January 22, 2021, for information related to the
correctional system.
Table 1 — Sentencing Estimates and Length of Stay (LOS)
Avg FY 20 Percent Avg FY 20
Length of Marginal Percent Avg Cost Sentenced FY 20 Length Average
Percent Stay Cost Per Ordered Avg LOS Per Day to CBC Marginal Percent of Stay in Marginal Cost Per
Conviction Offense to Prison Day to on on Residential Cost CBC Ordered to County Cost Per Avg LOS Day
Class Prison (months) Prison Probation Probation Probation Facility Per Day County Jail Jail Day on Parole Parole
Class B Felony
(Persons) 93.0% 85.3 $20.33 6.6% 38.7 $5.38 4% $14.78 57.9% N/A $50.00 33.2 $5.38
Minority Impact
The minority impact of HF 231 is as follows: African Americans comprised 4.1% of the adult
population of the State in FY 2020 and 33.3% of the convictions under Iowa Code section 713.3
in FY 2020. This exceeds the population proportion of the State, which would lead to a racial
impact if trends remain constant. Due to low numbers of other minority populations, the impact
on those populations cannot be assessed. Refer to the LSA memo addressed to the General
Assembly, Minority Impact Statement, dated January 27, 2021, for information related to
minorities in the criminal justice system.
Fiscal Impact
Although the average daily marginal cost to supervise an individual under a special sentence is
approximately 31.0% higher than parole supervision, at a cost of $7.05 daily rather than $5.38
daily, the DOC estimates that the fiscal impact of HF 231 will be minimal. It is already current
practice by the DOC to place individuals who commit crimes of this nature under special
supervision. In addition, crimes involving burglary in the first degree and concurrent sexual
abuse occur infrequently.
Sources
Department of Corrections
Criminal and Juvenile Justice Planning Division, Department of Human Rights
/s/ Holly M. Lyons
June 8, 2021
Doc ID 1219801
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: 903B.1
Enrolled: 903B.1