Fiscal Note
Fiscal Services Division
SF 525 – Criminal Procedure (LSB1114SV.1)
Staff Contact: Isabel Waller (515.281.6561) isabel.waller@legis.iowa.gov
Fiscal Note Version – As amended and passed by the Senate
Description
Senate File 525 relates to criminal law, including the disclosure of a defendant’s privileged
records, no-contact orders, commencement limitations for certain sexual offenses, sexually
predatory offenses, victim rights, discovery, postconviction relief actions, criminal appeals, and
pretrial bond amounts for certain felonies.
Division I — Communications in Professional Confidence
Description and Background
Division I limits the definition of “exculpatory information” under Iowa Code section 622.10 to
information that tends to negate the guilt of the defendant and not information that is
substantially cumulative.
Under Iowa Code section 622.10, individuals of certain professions who obtain information by
reason of the individual’s employment are not allowed in giving testimony to disclose any
confidential communication properly entrusted to the person. The confidentially privilege is
absolute with regard to a criminal action, and the disclosure of any privileged records to a
defendant is not authorized or required in a criminal action unless either of the following occurs:
• The privilege holder waives the confidentiality privilege.
• The defendant seeking access to privileged records files a motion demonstrating in good
faith a reasonable probability that the information sought is likely to contain exculpatory
information that is not available from any other source and for which there is a compelling
need for the defendant to present a defense in the case.
Fiscal Impact
Division I is not estimated to have a fiscal impact.
Division II — No-Contact Orders
Description
Division II relates to the modification and extension of no-contact orders. Under Division II,
when a no-contact order expires, the court must modify and extend the no-contact order for an
additional five years unless the defendant files an application within 90 days prior to the
expiration, and the court finds that the defendant no longer poses a threat to the safety of the
victim, persons residing with the victim, or members of the victim’s family. The number of
modifications extending a no-contact order is not limited.
Division II also provides that if the defendant applies to modify or terminate a no-contact order,
the court must notify the victim at the victim’s last-known address and afford the victim a
reasonable opportunity to be heard.
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Background
Under Iowa Code chapter 664A, no-contact orders may be entered by the court for violations or
alleged violations involving harassment, stalking, sexual abuse in the first degree, sexual abuse
in the second degree, sexual abuse in the third degree, or any other public offense for which
there is a victim.
Iowa Code section 664A.8 currently provides that the court is required to modify and extend a
no-contact order for an additional five years upon the filing of an application by the State or by
the victim within 90 days prior to the expiration of the no-contact order. Upon such an
application by the State or the victim, the court is required to modify and extend the no-contact
order unless the court finds that the defendant no longer poses a threat to the safety of the
victim, persons residing with the victim, or members of the victim’s family. The number of
modifications extending a no-contact order is not limited.
Assumptions
• Based on whether an extension is resisted by the defendant, some no-contact order
extensions will require a court hearing and some will not. It is not known what percentage
will require a hearing.
• Some extensions will require minimal court time, but those that involve an application by a
defendant and a hearing will require more time. The average court time for each no-contact
order extension is not known, but for the purposes of this Fiscal Note, an average of 10
minutes (0.17 hours) is assumed.
• A no-contact order extension will require the time of a district judge or district associate
judge, a court reporter, a judicial specialist, and a clerk of court.
• The average combined cost per hour for a district judge or district associate judge plus a
court reporter, judicial specialist, and clerk of court is $226.
• There are approximately 14,500 no-contact orders issued each year.
• Division II will apply to orders that were issued prior to the effective date of the Bill that were
initially set to expire after the effective date of the Bill.
• Approximately 14,500 no-contact orders will be affected by Division II each year from
FY 2024 to FY 2028.
• The extension of a no-contact order for an additional five years will occur indefinitely unless,
upon application by the defendant, the court finds that the defendant no longer poses a
threat.
• Beginning in FY 2029, no-contact orders extended under Division II will be up for extension
again.
• There will be fewer no-contact orders eligible for a second extension than a first extension,
fewer no-contact orders eligible for a third extension than a second extension, and so on.
• State Public Defender contract attorneys spend approximately four hours on each claim for
a violation of a no-contact order.
• Contract attorneys are paid $68 per hour for these cases.
Fiscal Impact
Division II is expected to increase the workload of the Judicial Branch. The amount of court
time necessary for each no-contact order is unknown, but if an average of 10 minutes per
extension is needed, the Judicial Branch expects it will incur increased costs of approximately
$557,000 per year from FY 2024 to FY 2028, as shown in Table 1. The Judicial Branch is
funded through the General Fund.
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 Table 1 — Annual Cost to Judicial Branch, FY 2024 to FY 2028
No-Contact Personnel Cost
Time Required Total Cost
Orders Affected Per Hour
14,500 0.17 hours $226 $557,000
In succeeding fiscal years, no-contact orders that are extended under Division II will be up for
extension again, which will increase the number of no-contact orders to be modified and
extended each year. For FY 2029 and succeeding fiscal years, this increased number of
no-contact orders will lead to higher annual costs than shown in Table 1 for extending no-
contact orders. However, the number of no-contact orders that will be eligible for extension
starting in FY 2029 and the average court time cannot be estimated, and the total fiscal impact
is unknown.
Additionally, the State Public Defender notes that an increased number of no-contact orders
may lead to an increase in no-contact order violations. Providing indigent defense to
defendants for additional no-contact order violations will increase costs to the Indigent Defense
Fund, but the increase in the number of no-contact order violations and the extent of this cost
increase cannot be estimated. State Public Defender contract attorney representation will cost
approximately $270 per claim for a no-contact order violation.
Division III — Limitation of Criminal Actions Involving Certain Sexual Offenses
Description and Background
Division III adds the following offenses to the list of offenses for which an information or
indictment may be commenced at any time after the commission of the offense, when the
offense was committed on or with a person who is under the age of 18:
• Continuous sexual abuse of a child.
• Kidnapping in the first degree when the person kidnapped, and as a consequence of the
kidnapping, is intentionally subjected to sexual abuse.
• Burglary in the first degree, when the person performs or participates in a sex act with any
person which would constitute sexual abuse.
Under Iowa Code section 802.2B, the offenses for which an information or indictment may be
commenced at any time after the commission of the offense, when the offense was committed
on or with a person who is under the age of 18, currently include lascivious acts with a child,
assault with intent to commit sexual abuse, indecent contact with a child, lascivious conduct with
a minor, sexual misconduct with a juvenile, child endangerment, and sexual exploitation of a
minor.
Continuous sexual abuse of a child and burglary in the first degree are Class B felonies.
Kidnapping in the first degree is a Class A felony. A Class B felony is punishable by
confinement for no more than 25 years. A Class A felony is punishable by life in prison without
the possibility of parole.
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
Division III changes the statute of limitations for certain offenses, and the correctional impact
cannot be estimated due to a lack of data. This change may increase the number of prison
admissions for these offenses, but the extent of that increase cannot be calculated. 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
Division III changes the statute of limitations for certain offenses, and as a result, the Criminal
and Juvenile Justice Planning Division of the Department of Human Rights cannot use prior
existing data to estimate the minority impact. 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
The elimination of the statute of limitations for these offenses may increase the number of
prosecutions and resulting prison admissions, but the extent cannot be estimated. Any impact
to the State General Fund would include operating costs incurred by the Judicial Branch, the
Indigent Defense Fund, and the Department of Corrections (DOC). The cost would be incurred
across multiple fiscal years for prison and parole supervision. The average State cost per
offense for a Class B felony is $14,200 to $46,300. The State cost for a Class A felony must be
calculated on an individual basis to determine prison costs. At a minimum, a Class A felony
requires two indigent defense attorneys at a cost of approximately $40,200 and includes court
time and jury trial costs ranging from $9,900 to $14,100.
Division IV — Sexually Predatory Offenses
Description and Background
Division IV adds enticement of a minor in violation of Iowa Code section 710.10(2) to the
definition of a sexually predatory offense.
Under Iowa Code section 710.10(2), enticement of a minor includes when a person, without
authority and with the intent to commit an illegal sex act upon or sexual exploitation of a minor
under the age of 16, entices or attempts to entice a person reasonably believed to be under the
age of 16. This is a Class D felony. A Class D felony is punishable by confinement of up to five
years and a fine of at least $1,025 but not more than $10,245.
Under Iowa Code chapter 901A, a person convicted of a sexually predatory offense that is a
felony, who has a prior conviction for a sexually predatory offense, must be sentenced to and
serve twice the maximum period of incarceration for the offense, or 25 years, whichever is
greater. The person's sentence must not be reduced by more than 15.0%. A person convicted
of a sexually predatory offense that is a felony who has previously been sentenced by the
preceding terms must be sentenced to life in prison.
Assumptions
• The following will not change over the projection period: charge, conviction, and sentencing
patterns and trends; 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.
• Admissions include only individuals admitted to DOC supervision whose most serious
offense is enticement of a minor.
Correctional Impact
Division IV adds an offense to the definition of a sexually predatory offense, and the correctional
impact cannot be estimated. Division IV may increase the LOS under DOC supervision for
some individuals convicted of enticement of a minor, but the number of individuals affected and
the extent of the increase in LOS cannot be estimated. Individuals who enter DOC supervision
for enticement of a minor currently have an estimated LOS of 25.6 months in prison or 27.2
months in Community-Based Corrections (CBC).
Table 2 shows estimates for sentencing to State prison, parole, probation, or CBC residential
facilities; LOS under those supervisions; and supervision marginal costs per day for all
convictions of Class D felonies. Refer to the 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.
Table 2 — Sentencing Estimates and LOS
FY 22 Avg FY 22 Percent Percent FY 22 FY 22
Percent LOS in Marginal Percent FY 22 Avg FY 22 Avg Sentenced FY 22 Ordered Avg LOS Marginal
Ordered Prison in Cost Per Ordered LOS on Cost Per to CBC Marginal to Marginal on Cost Per
Conviction to State Months (All Day to Probation Day Residential Cost Per County Cost Per Parole in Day
Offense Class Prison Releases) Prison Probation in Months Probation Facility Day CBC Jail Day Jail Months Parole
D Felony (Sex) 76.3% 25.6 $23.42 51.7% 47.3 $7.27 4.2% $20.67 31.4% $50.00 7.0 $7.27
Minority Impact
Division IV expands the definition of a sexually predatory offense, and the minority impact
cannot be estimated. However, if Division IV increases the LOS under DOC supervision for
some individuals convicted of enticement of a minor, it may disproportionately impact African
American individuals. Of the 20 convictions under Iowa Code section 710.10(2) in FY 2022,
86.2% involved Caucasian individuals, 7.2% involved African American individuals, and 6.6%
involved individuals of 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
Division IV adds an offense to the definition of a sexually predatory offense, and the fiscal
impact cannot be estimated. Currently, it costs the DOC approximately $163,000 to supervise
each annual group of admissions to DOC supervision for enticement of a minor under Iowa
Code section 710.10(2) across the entire LOS. The cost may increase under Division IV, but
the extent cannot be estimated. The average State cost per offense for a Class D felony is
$9,500 to $17,400. The estimated impact to the State General Fund includes operating costs
incurred by the Judicial Branch, the Indigent Defense Fund, and the DOC. The cost would be
incurred across multiple fiscal years for prison and parole supervision.
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Division V — Victim Rights
Description and Background
Division V provides that statements made by children to forensic interviewers at child advocacy
centers and child protection centers should be admitted into evidence in court. Upon motion of
a party, and under certain circumstances, the court may admit these recorded statements of a
child.
Division V also provides that a local police department or county sheriff’s department must
provide a victim with a pamphlet explaining the victim’s rights as a victim of a public offense or
delinquent act. Under current law, a local police department or county sheriff’s department must
advise a victim of the right to register with the county attorney and must provide a telephone
number and Internet site to each victim to register with the automated victim notification system
established within the Crime Victim Assistance Division of the Department of Justice.
Assumptions
• The State Public Defender reports that Division V will lead to increased costs due to the
hiring of expert witnesses.
• The cost to the State Public Defender for hiring an expert witness is approximately $2,400.
• The State Public Defender estimates that it provides counsel for approximately 520 cases
related to sex offenses that involve children each year and that it will utilize an expert
witness in 10.0% to 20.0% of these cases.
Fiscal Impact
The State Public Defender expects an increase in the need for expert witnesses under Division
V, with an annual fiscal impact of approximately $125,000 to $250,000, depending on the
number of cases affected. The State Public Defender also expects that Division V may lead to
increased attorney time required in affected cases, but the extent of this increase and the fiscal
impact cannot be estimated. The State Public Defender is funded through the General Fund.
Division VI — Discovery
Description