Fiscal Note
Fiscal Services Division
SF 171 – Sexual Misconduct with Arrested or Detained Persons (LSB1039SV)
Staff Contact: Christin Mechler (515.250.0458) christin.mechler@legis.iowa.gov
Fiscal Note Version – New
Description
Senate File 171 relates to sexual misconduct by a peace officer with offenders and juveniles in
the peace officer’s custody, providing that any peace officer who engages in a sex act with an
individual, including a juvenile, in the peace officer’s custody commits a Class D felony. Under
current law, a peace officer who engages in a sex act with an individual, including a juvenile, in
the peace officer’s custody commits an aggravated misdemeanor.
The Bill defines “custody” as the detention of a person by lawful authority or process, and
specifies that the term “peace officer” includes sheriffs and their regular deputies who are
subject to mandated law enforcement training, marshals and police officers of cities, peace
officer members of the Department of Public Safety, parole and probation officers, special
security officers employed by the Board of Regents institutions, conservation officers,
employees of the Department of Transportation who are designated as peace officers by
resolution of the Department, employees of an aviation authority designated as peace officers
by the authority, and other persons as may be so designated by law.
Background
A Class D felony is punishable by confinement for no more than five years and a fine of at least
$1,025 but not more than $10,245. In FY 2019, there was one aggravated misdemeanor
conviction under Iowa Code section 709.16. In FY 2020, there were two aggravated
misdemeanor convictions under Iowa Code section 709.16.
An individual who violates the provisions of this Bill is subject to a special sentence pursuant to
Iowa Code section 903B.2. A special sentence is defined as a punishment in addition to the
punishment for the underlying criminal offense, and consists of committing the individual to the
custody of the Department of Corrections (DOC) for a period of 10 years. An individual serving
a special sentence begins the sentence in the same manner as if the individual were on parole
or part of a work release program. The special sentence is subject to revocation for up to two
years for a first revocation and up to five years for a second or any subsequent revocation.
Additionally, a person who violates the provisions of this Bill is designated as a tier II sex
offender under Iowa Code section 692A.102(1)(b)(12) if the victim is 13 years of age or older, or
as a tier III sex offender pursuant to Iowa Code section 692A.102(1)(c)(28) if the victim is under
the age of 13. In either scenario, the person committing the offense must register as a sex
offender pursuant to Iowa Code section 692A.103.
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
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 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
The correctional impact cannot be determined. The Bill establishes a new criminal
offense, and the number of convictions cannot be estimated. The DOC notes that crimes
involving professionals are rare, and that within the last five fiscal years, there has been no
prison admission for offenses under Iowa Code section 709.16.
Table 1 below shows 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 D felonies (involving sex
crimes). 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)
FY 19 FY 19
Avg Avg FY 19
Length FY 19 Length of FY 19 Avg Length FY 19 Percent to FY 19 Percent
Conviction of Stay Marginal Stay Marginal of Stay Avg CBC CBC to Marginal
Offense Percent Prison Cost/Day Parole Cost/Day Percent to Probation Cost/Day Residential Marginal County County Jail
Class to Prison (months) Prison (months) Parole Probation (months) Probation Facility Cost/Day Jail Cost/Day
Class D
Felony (Sex
Offense) 85.0% 27.6 $20.33 5.0 $5.38 44.0% 35.9 $5.38 5.0% $14.78 25.0% $50.00
Minority Impact
The minority impact of SF 171 is unknown. 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
The fiscal impact of SF 171 cannot be estimated. The Bill establishes a new criminal offense,
and the resulting cost to the justice system cannot be estimated. Table 2 shows estimates for
the average State cost per offense class type. The estimates include operating costs incurred
by the Judicial Branch, the State Public Defender, and the DOC for one additional conviction.
The cost would be incurred across multiple fiscal years for prison and parole supervision.
Table 2 — Average State Cost Per Offense Class Type
Offense Class Total Minimum Cost Total Maximum Cost
Class D Felony $7,700 $13,500
Sources
Criminal and Juvenile Justice Planning Division, Department of Human Rights
Department of Corrections
/s/ Holly M. Lyons
February 1, 2021
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Doc ID 1210655
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: 709.16