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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