Fiscal Note
Fiscal Services Division
HF 627 – Unauthorized Placement of Global Positioning Devices (LSB1807HV)
Staff Contact: Isabel Waller (515.281.6561) isabel.waller@legis.iowa.gov
Fiscal Note Version – New
Description
House File 627 modifies the penalties for unauthorized placement of a global positioning device.
The Bill increases the penalty for a second or subsequent offense from a serious misdemeanor
to an aggravated misdemeanor. The Bill also increases the penalty for placing an unauthorized
global positioning device on a person under 18 from a serious misdemeanor to an aggravated
misdemeanor for a first offense and to a Class D felony for a second or subsequent offense.
This penalty does not apply if the device is placed by the parent or guardian of the individual.
The Bill provides that each individual violation is considered a separate and distinct offense.
Background
Under Iowa Code section 708.11A, the offense of unauthorized placement of a global
positioning device consists of placing a global positioning device on another person or an object
to track the movements of the other person without a legitimate purpose and without the
consent of the other person. This offense is a serious misdemeanor.
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. A serious misdemeanor is
punishable by confinement of up to one year and a fine of at least $430 but not more than
$2,560.
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.
Correctional Impact
House File 627 enhances the penalties for an existing criminal offense in certain circumstances,
and the correctional impact cannot be determined. Under the Bill, some individuals may have
an increased LOS on correctional supervision, but the number of individuals affected cannot be
estimated. Table 1 shows estimates for sentencing to State prison, parole, probation, or
Community-Based Corrections (CBC) residential facilities; LOS in months under those
supervisions; and supervision marginal costs per day for all convictions of Class D felonies,
aggravated misdemeanors, and serious misdemeanors. 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.
1
 Table 1 — 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
83.9% 13.9 $23.42 68.0% 33.5 $7.27 13.3% $20.67 31.4% $50.00 15.5 $7.27
(Non-Persons)
Aggravated
Misdemeanor 31.4% 7.5 $23.42 45.6% 20.7 $7.27 3.3% $20.67 72.2% $50.00 8.2 $7.27
(Non-Persons)
Serious
1.9% 5.5 $23.42 51.2% 13.7 $7.27 0.9% $20.67 73.3% $50.00 0.5 $7.27
Misdemeanor
Minority Impact
The minority impact of House File 627 cannot be estimated due to the low number of
convictions and admissions to Department of Corrections (DOC) supervision in FY 2022.
However, of the eight convictions of unauthorized placement of a global positioning device in
FY 2022, 87.5% involved Caucasian individuals, 0.0% involved African American individuals,
and 12.5% 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
House File 627 enhances the penalties for an existing criminal offense in certain circumstances,
and the fiscal impact cannot be determined because the number of individuals affected cannot
be estimated. Table 2 shows the average State cost per offense for a Class D felony,
aggravated misdemeanor, and serious misdemeanor. 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.
Table 2 — Average State Cost Per Offense
Offense Class Average Cost
Class D Felony $9,500 to $17,400
Aggravated Misdemeanor $5,000 to $9,600
Serious Misdemeanor $400 to $5,600
Sources
Department of Human Rights, Criminal and Juvenile Justice Planning Division
Department of Corrections
Legislative Services Agency
March 14, 2023
Doc ID 1370439
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
2


Statutes affected:
Introduced: 708.11A