Bill Summary – FastDemocracy

Senate File 2365 - Introduced
                                  SENATE FILE 2365
                                  BY GIDDENS
                                  (COMPANION TO HF 2362 BY
                                   BROWN-POWERS)
                            A BILL FOR
An Act relating to domestic abuse risk assessment and
  deterrence.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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    Section 1. Section 236.12, subsection 3, Code 2022, is
 amended to read as follows:
    3. a. As described in subsection 2, paragraph “b”, “c”,
 “d”, “e”, or “f”, the peace officer shall arrest the person
 whom the peace officer believes to be the primary physical
 aggressor. The duty of the officer to arrest extends only
 to those persons involved who are believed to have committed
 an assault. Persons acting with justification, as defined
 in section 704.3, are not subject to mandatory arrest. In
 identifying the primary physical aggressor, a peace officer
 shall consider the need to protect victims of domestic abuse,
 the relative degree of injury or fear inflicted on the persons
 involved, and any history of domestic abuse between the persons
 involved. A peace officer’s identification of the primary
 physical aggressor shall not be based on the consent of the
 victim to any subsequent prosecution or on the relationship of
 the persons involved in the incident, and shall not be based
 solely upon the absence of visible indications of injury or
 impairment.
    b. If no arrest has been made pursuant to subsection 2,
 paragraph “a”, the peace officer shall perform a risk assessment
 of the person the peace officer believes to be the primary
 physical aggressor based on rules adopted by the department
 in accordance with section 236.16, subsection 1, paragraph
 “f”. Once a risk assessment has been completed, the peace
 officer shall provide informational materials prepared by the
 department pursuant to section 236.16, subsection 1, paragraph
 “h”, to the primary physical aggressor.
    Sec. 2. Section 236.12, Code 2022, is amended by adding the
 following new subsection:
    NEW SUBSECTION. 3A. Prior to the release of a person
 arrested under subsection 2, the police department or sheriff’s
 office responsible for the person’s arrest shall perform a
 risk assessment of the person based on rules adopted by the
 department in accordance with section 236.16, subsection 1,
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 paragraph “f”. Upon completion of the risk assessment, the
 police department or sheriff’s office shall transmit the
 risk assessment to the appropriate judicial department of
 correctional services.
    Sec. 3. Section 236.16, subsection 1, Code 2022, is amended
 by adding the following new paragraphs:
    NEW PARAGRAPH. f. (1) Adopt rules pursuant to chapter 17A
 to create a risk assessment classification system to categorize
 the potential threat a primary physical aggressor identified
 pursuant to section 236.12, subsection 3, poses to an abused
 person. Categories of risk shall be established based on the
 following:
    (a) The number of previous and current domestic abuse
 assault convictions of the primary physical aggressor.
    (b) The number of times the primary physical aggressor has
 violated a temporary, emergency, or protective order issued
 pursuant to this chapter.
    (c) Whether the primary physical aggressor has been
 convicted of a felony.
    (d) Whether the primary physical aggressor has been
 convicted of illegally using, carrying, or possessing a
 dangerous weapon as defined in section 702.7.
    (e) The number of offenses committed by the primary physical
 aggressor that occurred in other jurisdictions that are
 substantially similar to the offenses listed in subparagraph
 divisions (a) through (d).
    (2) Rules adopted pursuant to this paragraph shall include
 but not be limited to a requirement that a peace officer
 or law enforcement agency shall make reasonable efforts to
 obtain information from other state jurisdictions that may be
 pertinent in performing a risk assessment.
    NEW PARAGRAPH. g. (1) Prepare, for the purpose of
 dissemination to a victim of domestic abuse, informational
 materials intended to address root causes of domestic abuse,
 deter further domestic abuse, and offer support. Information
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                               S.F. 2365
 contained in the materials shall include but not be limited to
 all of the following:
    (a) Financial assistance that may be available to a victim
 and general application information.
    (b) Mental health services that may be available to a victim
 and contact information for those services.
    (c) Victim abuse and rehabilitation services and contact
 information for those services.
    (d) Information pertaining to Iowa legal aid and contact
 information for Iowa legal aid.
    (e) General information regarding services and benefits
 that may be available to a victim through the department of
 human services.
    (2) Rules adopted pursuant to this paragraph shall include
 but not be limited to a determination of when a victim shall
 receive materials created pursuant to this paragraph.
    NEW PARAGRAPH. h. (1) Prepare, for the purpose of
 dissemination to a primary physical aggressor identified
 pursuant to section 236.12, subsection 3, paragraph “a”,
 informational materials intended to address root causes of
 domestic abuse and deter further domestic abuse. Information
 contained in the materials shall include but not be limited to
 all of the following:
    (a) Financial assistance that may be available to a primary
 physical aggressor and general application information.
    (b) Employment services and work programs that may
 be available to a primary physical aggressor and contact
 information for those services and programs.
    (c) Mental health and substance abuse services that may
 be available to a primary physical aggressor and a general
 explanation of how to request those services.
    (d) Housing assistance that may be available to a primary
 physical aggressor and general application information.
    (e) Family counseling services that may be available to a
 primary physical aggressor and contact information for those
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                                S.F. 2365
 services.
    (f) Community mentoring services that may be available to a
 primary physical aggressor and contact information for those
 services.
    (g) A summary of the consequences a primary physical
 aggressor may face for violating any temporary, emergency, or
 protective order issued pursuant to this chapter.
    (2) Rules adopted pursuant to this paragraph shall include
 but not be limited to a determination of when a primary
 physical aggressor shall receive materials created pursuant to
 this paragraph.
    NEW PARAGRAPH. i. Establish a system of best practices for
 enhanced precautions based on a primary physical aggressor’s
 risk assessment performed pursuant to section 236.12,
 subsection 3, paragraph “b”, or section 236.12, subsection 3A.
 Such enhanced precautions shall include but not be limited
 to follow-up visits with a victim and follow-up visits with
 the primary physical aggressor based on the risk the primary
 physical aggressor poses to the victim.
    Sec. 4. Section 236.16, Code 2022, is amended by adding the
 following new subsection:
    NEW SUBSECTION. 2A. The department shall consult and
 cooperate with all law enforcement agencies and public and
 private agencies to provide training, education, and guidance
 to a primary physical aggressor identified pursuant to section
 236.12, subsection 3, for the purpose of identifying and
 resolving possible causes of domestic abuse and deterring
 further abuse.
    Sec. 5. Section 708.2B, Code 2022, is amended by adding the
 following new subsection:
    NEW SUBSECTION. 2A. A person who was arrested pursuant to
 section 236.12, subsection 3, paragraph “a”, shall report to a
 district department upon the person’s release, at which time
 the district department shall provide materials prepared by the
 department of justice pursuant to section 236.16, subsection 1,
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paragraph “h”, to the person.
                          EXPLANATION
         The inclusion of this explanation does not constitute agreement with
         the explanation’s substance by the members of the general assembly.
    This bill relates to domestic abuse risk assessment and
 deterrence.
    The bill requires that, when a peace officer has reason to
 believe that domestic abuse has occurred but no arrest has
 been made, a peace officer shall perform a risk assessment
 of the person the peace officer has determined to be the
 primary physical aggressor, based on rules adopted by the
 department of justice, in order to categorize the potential
 threat a primary physical aggressor poses to an abused person.
 Once a risk assessment has been completed, the peace officer
 shall provide to the primary physical aggressor informational
 materials created by the department of justice for the purpose
 of addressing root causes of domestic abuse the peace officer
 believes may be relevant to the situation.
    The bill requires that if a person has been arrested for
 committing domestic abuse assault, prior to the release of the
 person, the police department or sheriff’s office responsible
 for the person’s arrest shall perform a risk assessment of the
 person based on rules adopted by the department of justice.
 Upon completion of the risk assessment, the police department
 or sheriff’s office shall transmit the risk assessment to
 the appropriate judicial district department of correctional
 services. Under current law, judicial district departments of
 correctional services provide mandatory treatment and training
 to a person convicted of, or receiving a deferred judgment for,
 domestic abuse assault.
    The bill requires the department of justice to adopt rules
 to create a risk classification system in order to categorize
 the potential threat a primary physical aggressor identified
 by the peace officer poses to an abused person. Categories of
 risk shall be established based on the number of the primary
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                               S.F. 2365
 physical aggressor’s previous and current domestic abuse
 assault convictions; the number of times the primary physical
 aggressor has violated a temporary, emergency, or protective
 order issued pursuant to Code chapter 236 (domestic abuse);
 whether the primary physical aggressor has been convicted
 of a felony; whether the primary physical aggressor has
 been convicted of illegally using, carrying, or possessing a
 dangerous weapon; and the number of offenses committed by the
 primary physical aggressor in other jurisdictions that are
 substantially similar to the offenses listed in the bill. The
 bill also requires rules adopted by the department to require
 that a peace officer or law enforcement agency make reasonable
 efforts to obtain information from other state jurisdictions
 that may be pertinent in performing a risk assessment.
    The bill directs the department of justice to prepare,
 for the purpose of dissemination to a domestic abuse victim,
 informational materials intended to address root causes
 of domestic abuse, deter further domestic abuse, and offer
 support. Information contained in the materials shall
 include but not be limited to financial assistance that may
 be available to a victim and general application information;
 mental health services that may be available to a victim and
 contact information for those services; victim abuse and
 rehabilitation services and contact information for those
 services; information pertaining to Iowa legal aid and contact
 information for Iowa legal aid; and general information
 regarding services and benefits that may be available to a
 victim through the department of human services. The bill also
 requires the department to adopt rules that determine when a
 victim shall receive informational materials.
    The bill directs the department of justice to prepare,
 for the purpose of dissemination to a domestic abuse
 primary physical aggressor identified by a peace officer,
 informational materials intended to address root causes of
 domestic abuse and deter further domestic abuse. Information
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                                S.F. 2365
 contained in the materials shall include but not be limited
 to financial assistance that may be available to a primary
 physical aggressor and general application information;
 employment services and work programs that may be available
 to a primary physical aggressor and contact information for
 those services and programs; mental health and substance
 abuse services that may be available to a primary physical
 aggressor and a general explanation of how to request those
 services; housing assistance that may be available to a primary
 physical aggressor and general application information; family
 counseling services that may be available to a primary physical
 aggressor and contact information for those services; community
 mentoring services that may be available to a primary physical
 aggressor and contact information for those services; and a
 summary of the consequences a primary physical aggressor may
 face for violating any temporary, emergency, or protective
 order. The bill also requires the department to adopt rules
 that determine when a primary physical aggressor shall receive
 informational materials. The bill also requires, if a primary
 physical aggressor was arrested by a peace officer based on
 the peace officer’s belief that the primary physical aggressor
 committed domestic abuse assault, for a primary physical
 aggressor to report to a judicial district department of
 correctional services after release to receive informational
 materials.
    The bill requires the department of justice to establish a
 system of best practices for enhanced precautions based on a
 primary physical aggressor’s risk assessment.
    The bill directs the department of justice to consult and
 cooperate with all public and private agencies to provide
 training, education, and guidance to a primary physical
 aggressor for the purpose of identifying and resolving possible
 causes of domestic abuse and deterring further abuse.
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Statutes affected: 
Introduced: 236.12, 236.16, 708.2B