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: TLSB 1808YH (7) 86 jm/rj 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. LSB 1808YH (7) 86 jm/rj