Bill Summary – FastDemocracy

Fiscal Note
                                       Fiscal Services Division
SF 201 – Stalking, Use of Technological Device (LSB1699SV)
Staff Contact: Isabel Waller (515.281.6561) isabel.waller@legis.iowa.gov
Fiscal Note Version – New
Description
Senate File 201 increases existing penalties for stalking under Iowa Code section 708.11 and
establishes the penalty for stalking while utilizing a technological device as a Class C felony.
The Bill increases the penalty for stalking from a Class D felony to a Class C felony under the
following circumstances:
• When the person commits stalking while subject to restrictions contained in a criminal or civil
     protection order.
• When the person commits stalking while in possession of a dangerous weapon.
• When the person commits stalking by directing a course of conduct at a specific person who
     is under 18 years of age.
Under the Bill, the penalty for stalking without any of the above circumstances is an aggravated
misdemeanor for a first offense, a Class D felony for a second offense, and a Class C felony for
a third or subsequent offense.
Background
Iowa Code section 708.11 contains the penalties for stalking. Stalking is a Class C felony for a
third or subsequent offense. Stalking is a Class D felony under the following circumstances:
• When the person commits stalking while subject to restrictions contained in a criminal or civil
    protective order or injunction, under Iowa Code section 708.11(3)(b)(1).
• When the person commits stalking while in possession of a dangerous weapon, under Iowa
    Code section 708.11(3)(b)(2).
• When the person commits stalking by directing a course of conduct at a specific person who
    is under 18 years of age, under Iowa Code section 708.11(3)(b)(3).
• When the offense is a second offense, under Iowa Code section 708.11(3)(b)(4).
Stalking is an aggravated misdemeanor if the offense is a first offense and is not included under
the circumstances that would be a Class D felony.
A Class C felony is punishable by confinement for up to 10 years and a fine of at least $1,370
but not more than $13,660. A Class D felony is punishable by confinement for up to five years
and a fine of at least $1,025 but not more than $10,245. An aggravated misdemeanor is
punishable by confinement for up to two years and a fine of at least $855 but not more than
$8,540.
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.
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•   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
In FY 2022, 17 individuals were admitted to prison and 22 individuals were admitted to
Community-Based Corrections (CBC) for stalking while subject to a protective order under Iowa
Code section 708.11(3)(b)(1). No individuals were admitted to prison or CBC for stalking while
in possession of a dangerous weapon under Iowa Code section 708.11(3)(b)(2) or stalking
someone under 18 years of age under Iowa Code section 708.11(3)(b)(3).
By increasing the penalty for these offenses, 20 individuals who would annually be admitted to
CBC under current law may instead be admitted to prison. Additionally, the estimated LOS for
individuals admitted to prison for stalking while subject to a protective order under Iowa Code
section 708.11(3)(b)(1) would increase from 19.7 months to 50.1 months. As a result, the
prison population is estimated to increase under the Bill.
The Bill establishes the penalty for stalking while utilizing a technological device as a Class C
felony. The correctional impact of this portion of the Bill cannot be estimated due to a lack of
existing conviction data. Refer to the Legislative Services Agency (LSA) memo addressed to the
General Assembly, Cost Estimates Used for Correctional Impact Statements, dated January
20, 2023, for information related to the correctional system.
Minority Impact
Senate File 201 may disproportionately impact African American individuals if trends remain
constant. Of the 39 individuals who entered Department of Corrections (DOC) supervision for
stalking while subject to a protective order under Iowa Code section 708.11(3)(b)(1) in FY 2022,
82.1% were Caucasian, 12.8% were African American, and 5.1% were other races. Iowa’s
population is 84.5% Caucasian, 3.6% African American, and 11.9% other races. Refer to the
LSA memo addressed to the General Assembly, Minority Impact Statement, dated January
20, 2023, for information related to minorities in the criminal justice system.
Fiscal Impact
Senate File 201 is estimated to increase costs to the DOC by approximately $976,000 per group
of individuals who enter DOC supervision each year for stalking while subject to a protective
order under Iowa Code section 708.11(3)(b)(1). This cost is incurred across the entire LOS. In
FY 2022, 39 individuals entered DOC supervision for this offense. Table 1 shows the estimated
fiscal impact to the DOC if all 39 admissions entered as a Class C felony instead of a Class D
felony.
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                                Table 1 — Change in Cost Under SF 201
              Supervision           Annual      Cost Per
                                                            LOS (Days)                  Total Cost
                Status            Admissions       Day
                                   Current Penalty — Class D Felony
             Prison                     17              $23.42              599            $238,486
             CBC                        22              $7.27               724             115,797
             Total                      39                                                 $354,282
                                Penalty Under SF 201 — Class C Felony
             Prison                     37              $23.42            1,523         $1,319,740
             CBC                         2              $7.27              724              10,527
             Total                      39                                              $1,330,267
Establishing a Class C felony for stalking while utilizing a technological device may increase
costs to the DOC, but the fiscal impact of this portion of the Bill cannot be estimated.
Sources
Department of Corrections
Department of Human Rights, Division of Criminal and Juvenile Justice Planning
Legislative Services Agency
                                                                               /s/ Jennifer Acton
                                                                               February 16, 2023
Doc ID 1368321
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: 708.11
Reprinted: 692A.102, 708.11