Bill Summary – FastDemocracy

Fiscal Note
                                       Fiscal Services Division
SF 522 – Elder Abuse, Criminal Penalties (LSB1869SV.1)
Staff Contact: Isabel Waller (515.281.6561) isabel.waller@legis.iowa.gov
Fiscal Note Version – Final Action
Description
Senate File 522 relates to older individuals and dependent adults and creates certain criminal
offenses and civil actions, and provides penalties. The Bill establishes several crimes:
• Older Individual Assault — Assault, as defined in Iowa Code section 708.1, of an older
    individual, defined as an individual who is 60 years of age or older. This crime would be
    punishable by penalties ranging from a simple misdemeanor to a Class D felony depending
    on the circumstances of the assault. The Bill also provides for the determination of whether
    a violation is a second or subsequent offense and provides for minimum sentencing for
    offenders.
• Theft Against an Older Individual — Enhances the penalties for the existing crime of theft by
    one degree.
• Financial Exploitation of an Older Individual — Occurs when a person stands in a position of
    trust or confidence with an older individual and knowingly, and by undue influence,
    deception, coercion, fraud, breach of fiduciary duty, or extortion, obtains control over or
    otherwise uses the benefits, property, resources, belongings, or assets of the older
    individual involved to the detriment of the older individual. The criminal penalties range from
    a serious misdemeanor to a Class B felony based on the amount of benefits, property,
    resources, belongings, or assets of the older individual involved.
The Bill establishes criminal penalties for elder abuse ranging from a serious misdemeanor to a
Class B felony depending on the circumstances and resulting injuries of the abuse. Elder abuse
is defined as the abuse, emotional abuse, neglect, isolation, or sexual exploitation of an older
individual. The Bill also relocates the criminal penalties for dependent adult abuse as they
currently exist under Iowa Code chapter 235B to Iowa Code chapter 726 and makes conforming
changes throughout the Iowa Code.
Background
The penalties defined in SF 522 range from a simple misdemeanor to a Class B felony
depending on the circumstances of the offense. Felonies and misdemeanors are punishable by
the terms defined in Iowa Code chapters 902 and 903 respectively.
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 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.
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Correctional Impact
Senate File 522 establishes several new offenses and criminal penalties, and the correctional
impact cannot be estimated due to a lack of existing data.
Table 1 provides estimates for sentencing to State prison, parole, probation, or Community-
Based Corrections (CBC) residential facilities; LOS under those supervisions; and supervision
marginal costs per day for all convictions ranging from serious misdemeanors to Class B
felonies. The LOS data is not applicable to simple or serious misdemeanors. A conviction for a
simple misdemeanor does not result in a prison sentence, but does carry the possibility of
confinement for up to 30 days. Marginal county jail costs are estimated to be $50 per day.
Refer to the Legislative Services Agency (LSA) memo addressed to the General Assembly,
Cost Estimates Used for Correctional Impact Statements, dated January 18, 2022, for
information related to the correctional system.
                                Table 1 — LOS and Sentencing Estimates
                      FY 21 Avg   FY 21                                 Percent             Percent           Avg    FY 21
              Percent  LOS in    Marginal Percent Avg LOS FY 21 Avg Sentenced FY 21 Ordered Marginal LOS on Marginal
              Ordered Prison in Cost Per Ordered       on     Cost Per   to CBC    Marginal    to   Cost Per Parole Cost Per
 Conviction to State Months (All   Day      to     Probation    Day    Residential Cost Per County    Day      in     Day
Offense Class Prison  Releases)   Prison Probation in Months Probation   Facility Day CBC     Jail    Jail   Months Parole
 B Felony
 (Persons)    93.0%     112.9     $23.33    6.6%      32.7       $7.01   3.9%      $17.78   57.9%   $50.00    34.0    $7.01
 C Felony
 (Persons)    89.0%      61.0     $23.33    27.9%     39.0       $7.01   5.5%      $17.78   49.1%   $50.00    17.8    $7.01
 D Felony
 (Persons)    84.2%      18.8     $23.33    47.8%     32.8       $7.01   10.5%     $17.78   38.6%   $50.00    11.3    $7.01
 Aggravated
Misdemeanor
 (Persons)    47.0%      9.6      $23.33    51.7%     20.6       $7.01   5.2%      $17.78   70.7%   $50.00    6.2     $7.01
  Serious
Misdemeanor   1.8%       6.5      $23.33    56.0%     14.5       $7.01   0.9%      $17.78   69.0%   $50.00    18.1    $7.01
Minority Impact
Senate File 522 establishes several new offenses and criminal penalties. As a result, the
Criminal and Juvenile Justice Planning Division (CJJP) of the Department of Human Rights
cannot use prior existing data to estimate the minority impact of SF 522. Refer to the LSA
memo addressed to the General Assembly, Minority Impact Statement, dated January 18, 2022,
for information related to minorities in the criminal justice system.
Fiscal Impact
Senate File 522 establishes several new offenses, and the fiscal impact cannot be estimated
due to the lack of existing conviction data. Table 2 contains cost estimates for the average
State cost per offense class type for one conviction. The cost estimate includes operating costs
incurred by the Judicial Branch, the State Public Defender, and the Department of Corrections
for one conviction. The cost would be incurred across multiple fiscal years for prison and parole
supervision.
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                           Table 2 — Average State Cost Per Offense
                                Class B Felony             $12,600 to $45,700
                                Class C Felony             $11,100 to $22,100
                                Class D Felony              $9,100 to $16,600
                          Aggravated Misdemeanor             $4,900 to $9,500
                            Serious Misdemeanor               $410 to $7,000
                             Simple Misdemeanor                  $40 to $370
Sources
Criminal and Juvenile Justice Planning Division, Department of Human Rights
Department of Corrections
Judicial Branch
                                                                        /s/ Holly M. Lyons
                                                                          June 22, 2022
Doc ID 1288961
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: 708.1, 714.16, 726.24, 708.2D, 726.26, 709.4, 236.19, 708.2A, 915.22
Enrolled: 708.1, 714.16, 726.24, 708.2D, 726.26, 709.4, 236.19, 708.2A, 915.22