House File 393 - Introduced
HOUSE FILE
BY HALL, DAWSON,
STUTSMAN, FINKENAUER,
OURTH, ANDERSON,
OLDSON, HANSON, and
MASCHER
A BILL FOR
1 An Act requiring risk assessments and electronic monitoring of
2 criminal defendants under certain conditions, and providing
3 penalties.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN
1 1 Section 1. Section 664A.7, subsection 5, Code 2015, is
1 2 amended to read as follows:
1 3 5. a. Violation of a no=contact order entered for the
1 4 offense or alleged offense of domestic abuse assault in
1 5 violation of section 708.2A or a violation of a protective
1 6 order issued pursuant to chapter 232, 235F, 236, 598, or 915
1 7 constitutes a public offense and is punishable as a simple
1 8 misdemeanor. Alternatively, the court may hold a person
1 9 in contempt of court for such a violation, as provided in
1 10 subsection 3.
1 11 b. If a person is convicted of a violation of a no=contact
1 12 order or a protective order under this subsection, or
1 13 alternatively if the person is held in contempt of court for
1 14 such a violation, as provided in subsection 3, the court shall
1 15 order the person to submit to a risk assessment pursuant to
1 16 section 901.5C.
1 17 Sec. 2. Section 708.2B, Code 2015, is amended to read as
1 18 follows:
1 19 708.2B Treatment of domestic abuse offenders.
1 20 1. As used in this section, "district department" means
1 21 a judicial district department of correctional services,
1 22 established pursuant to section 905.2. A person convicted of,
1 23 or receiving a deferred judgment for, domestic abuse assault
1 24 as defined in section 708.2A, shall report to the district
1 25 department in order to participate in a batterers' treatment
1 26 program for domestic abuse offenders. In addition, a person
1 27 convicted of, or receiving a deferred judgment for, an assault,
1 28 as defined in section 708.1, which is domestic abuse, as
1 29 defined in section 236.2, subsection 2, paragraph "e", may be
1 30 ordered by the court to participate in a batterers' treatment
1 31 program. Participation in the batterers' treatment program
1 32 shall not require a person to be placed on probation, but
1 33 a person on probation may participate in the program. The
1 34 district departments may contract for services in completing
1 35 the duties relating to the batterers' treatment programs. The
2 1 district departments shall assess the fees for participation
2 2 in the program, and shall either collect or contract for the
2 3 collection of the fees to recoup the costs of treatment,
2 4 but may waive the fee or collect a lesser amount upon a
2 5 showing of cause. The fees shall be used by each of the
2 6 district departments or contract service providers for the
2 7 establishment, administration, coordination, and provision of
2 8 direct services of the batterers' treatment programs.
2 9 2. In addition to the requirements of subsection 1, the
2 10 court shall order a person convicted of domestic abuse assault
2 11 in violation of section 708.2A to submit to a risk assessment
2 12 pursuant to section 901.5C.
2 13 3. District departments or contract service providers shall
2 14 receive upon request peace officers' investigative reports
2 15 regarding persons participating in programs under this section.
2 16 The receipt of reports under this section shall not waive the
2 17 confidentiality of the reports under section 22.7.
2 18 Sec. 3. Section 708.7, subsection 2, Code 2015, is amended
2 19 by adding the following new paragraph:
2 20 NEW PARAGRAPH. c. A person convicted of harassment in the
2 21 first degree shall be ordered to submit to a risk assessment
2 22 pursuant to section 901.5C if the offense involved a domestic
2 23 relationship and the sentence exceeds one year.
2 24 Sec. 4. Section 708.11, Code 2015, is amended by adding the
2 25 following new subsection:
2 26 NEW SUBSECTION. 3A. A person convicted under subsection 3,
2 27 paragraph "a", or subsection 3, paragraph "b", subparagraph (1),
2 28 shall be ordered to submit to a risk assessment pursuant to
2 29 section 901.5C if the offense involved a domestic relationship.
2 30 Sec. 5. NEW SECTION. 901.5C Violations requiring a risk
2 31 assessment == electronic tracking.
2 32 1. As used in this section, unless the context otherwise
2 33 requires:
2 34 a. (1) "Family or household members" means spouses, persons
2 35 cohabiting, parents, or other persons related by consanguinity
3 1 or affinity.
3 2 (2) "Family or household members" does not include children
3 3 under age eighteen of persons listed in subparagraph (1).
3 4 b. "Intimate relationship" means a significant romantic
3 5 involvement that need not include sexual involvement.
3 6 An intimate relationship does not include casual social
3 7 relationships or associations in a business or professional
3 8 capacity.
3 9 c. "Offense involving a domestic relationship" means an
3 10 offense involving any of the following circumstances:
3 11 (1) The offense is between family or household members who
3 12 resided together at the time of the offense.
3 13 (2) The offense is between separated spouses or persons
3 14 divorced from each other and not residing together at the time
3 15 of the offense.
3 16 (3) The offense is between persons who are parents of the
3 17 same minor child, regardless of whether they have been married
3 18 or have lived together at any time.
3 19 (4) The offense is between persons who have been family or
3 20 household members residing together within the past year and
3 21 are not residing together at the time of the offense.
3 22 (5) (a) The offense is between persons who are in an
3 23 intimate relationship or have been in an intimate relationship
3 24 and have had contact with one another within the past year
3 25 immediately preceding the time of the offense. In determining
3 26 whether persons are or have been in an intimate relationship,
3 27 the court may consider the following nonexclusive list of
3 28 factors:
3 29 (i) The duration of the relationship.
3 30 (ii) The frequency of interaction.
3 31 (iii) Whether the relationship has been terminated.
3 32 (iv) The nature of the relationship, characterized by
3 33 either party's expectation of sexual or romantic involvement.
3 34 (b) A person may be involved in an intimate relationship
3 35 with more than one person at a time.
4 1 2. a. If a person is convicted of any of the following
4 2 offenses, and ordered to be supervised by the judicial district
4 3 department of correctional services or to participate in a
4 4 batterers' treatment program for domestic abuse offenders, the
4 5 court shall order the person to submit to a risk assessment:
4 6 (1) The offense is a violation of section 664A.7, subsection
4 7 5.
4 8 (2) The offense is a violation of section 708.2A.
4 9 (3) The offense is a violation as described in section
4 10 708.7, subsection 2, paragraph "c".
4 11 (4) The offense is a violation as described in section
4 12 708.11, subsection 3A.
4 13 b. If a person is held in contempt of court for a violation
4 14 of section 664A.7, and ordered to be supervised by the judicial
4 15 district department of correctional services or to participate
4 16 in a batterers' treatment program for domestic abuse offenders,
4 17 the court shall also order the person to submit to a risk
4 18 assessment.
4 19 3. The risk assessment shall be performed by the judicial
4 20 district department of correctional services or a contract
4 21 service provider of a batterers' treatment program for domestic
4 22 abuse offenders, using a validated risk assessment approved by
4 23 the department of corrections. The court shall consider the
4 24 risk assessment in determining the appropriate conditions for
4 25 release.
4 26 4. The court may order the defendant to participate in a
4 27 program that includes the use of an electronic tracking and
4 28 monitoring system based upon the defendant's risk assessment.
4 29 If an electronic tracking and monitoring system is ordered, the
4 30 court shall order the defendant to pay the costs associated
4 31 with the imposition of the system. If the defendant fails to
4 32 pay the fees of the electronic tracking and monitoring system
4 33 in a timely manner, the court may impose garnishment of the
4 34 defendant's wages in order to meet the payment obligation.
4 35 EXPLANATION
5 1 The inclusion of this explanation does not constitute agreement with
5 2 the explanation's substance by the members of the general assembly.
5 3 This bill requires a risk assessment and electronic
5 4 monitoring of a criminal defendant under certain conditions.
5 5 Under the bill, if a person convicted of a violation of
5 6 a no=contact order or a protective order pursuant to Code
5 7 chapter 664A, or alternatively the person is held in contempt
5 8 of court for such a violation, and ordered to be supervised by
5 9 the judicial district department of correctional services or
5 10 to participate in a batterers' treatment program, the court
5 11 shall order the person to submit to a risk assessment pursuant
5 12 to new Code section 901.5C. If a person is convicted of
5 13 domestic abuse assault under Code section 708.2A, harassment
5 14 under Code section 708.7(2), if the offense involved a domestic
5 15 relationship, or stalking under Code section 708.11(3)(a) or
5 16 (3)(b)(1), if the offense involved a domestic relationship, the
5 17 bill also requires the person to submit to a risk assessment.
5 18 The bill defines "domestic relationship" similarly to the
5 19 relationships required to commit "domestic abuse" in Code
5 20 section 236.2.
5 21 The bill requires the risk assessment be performed by
5 22 the judicial district department of correctional services
5 23 or a contract service provider of a batterers' treatment
5 24 program for domestic abuse offenders, using a validated risk
5 25 assessment approved by the department of corrections. The bill
5 26 also requires the court to consider the risk assessment in
5 27 determining the appropriate conditions for release.
5 28 The bill provides that the court may order the defendant to
5 29 participate in a program that includes the use of an electronic
5 30 tracking and monitoring system as a condition of release in a
5 31 mandatory risk assessment situation for violating a no=contact
5 32 order or protective order, being convicted of domestic abuse
5 33 assault or being convicted of certain harassment or stalking
5 34 offenses that involve a domestic relationship.
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