House File 2436 - Introduced HOUSE FILE 2436 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 2294) A BILL FOR An Act requesting the establishment of an interim study 1 committee relating to the use of intermediate criminal 2 sanctions and probation revocations. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5826HV (3) 87 jm/rh

H.F. 2436 Section 1. INTERMEDIATE SANCTIONS AND PROBATION REVOCATIONS 1 INTERIM STUDY. 2 1. As used in this section, unless the context otherwise 3 provides: 4 a. “District department” means a judicial district 5 department of correctional services, established as required 6 by section 905.2. 7 b. “Intermediate criminal sanctions” means a set 8 of integrated intervention strategies used to enhance 9 accountability for persons on probation. The term implies that 10 the penalties for delinquent activity should move from limited 11 interventions to more restrictive penalties corresponding to 12 the severity and nature of the violation or crime committed by 13 a person on probation. 14 c. “Probation revocation” means a violation of the rules or 15 conditions set forth in a probation order such that probation 16 conditions are reconsidered to include additional probation 17 time, imposition of additional fines, fees, or conditions, and 18 the potential for additional incarceration. 19 d. “Technical violation” means a violation of a condition of 20 probation that is not a new offense. 21 2. The legislative council is requested to establish an 22 interim study committee to study and report on the use of 23 probation revocations and intermediate criminal sanctions. The 24 study committee shall provide a summary and an analysis of all 25 of the following: the use of intermediate criminal sanctions 26 by each district department; the use of intermediate criminal 27 sanctions for technical and serious probation violations by 28 each district department; the use of probation revocations 29 in order to identify the causes of such revocations; serious 30 probation violations and new crimes committed by persons on 31 probation; admissions to the Iowa department of corrections by 32 type of probation revocation; and costs associated with the 33 community-based correctional system. The study committee shall 34 consider recent updates and changes to the use of intermediate 35 -1- LSB 5826HV (3) 87 jm/rh 1/ 4

H.F. 2436 criminal sanctions for the previous fiscal year as well as 1 any planned changes to the use of intermediate sanctions. 2 The study committee shall also compare differences among the 3 judicial districts regarding the use of intermediate criminal 4 sanctions and probation revocations. The study committee 5 shall include recommendations relevant to the future use of 6 intermediate sanctions and policies surrounding technical and 7 serious violations with the goal of reducing recidivism and 8 admissions to prison for probation revocations, and increasing 9 transparency and accountability. The study committee shall be 10 composed of relevant legislative committee chairs or designees, 11 officials from the department of corrections, district judges, 12 relevant criminal justice stakeholders, and any other person 13 tasked with managing the policies of district departments. 14 Appointments to the committee shall be made no later than 15 August 1, 2018. Staffing for the committee shall be provided 16 by the legislative services agency. The study committee shall 17 submit a report of its findings and recommendations, including 18 any proposed legislation to the general assembly on or before 19 December 1, 2018. 20 EXPLANATION 21 The inclusion of this explanation does not constitute agreement with 22 the explanation’s substance by the members of the general assembly. 23 This bill requests the legislative council to establish an 24 interim study committee relating to the use of intermediate 25 criminal sanctions and probation revocations. 26 The bill defines “district department” to mean a judicial 27 district department of correctional services, established as 28 required by Code section 905.2. 29 The bill defines “intermediate criminal sanctions” to mean 30 a set of integrated intervention strategies used to enhance 31 accountability for persons on probation. The term implies that 32 the penalties for delinquent activity should move from limited 33 interventions to more restrictive penalties corresponding to 34 the severity and nature of the violation or crime committed by 35 -2- LSB 5826HV (3) 87 jm/rh 2/ 4

H.F. 2436 a person on probation. 1 The bill defines “technical violation” to mean a violation 2 of a condition of probation that is not a new offense. 3 The legislative council is requested by the bill to 4 establish an interim study committee to study and report on 5 the use of probation revocations and intermediate criminal 6 sanctions. The bill requires the study committee to provide 7 a summary and an analysis of all of the following: the use of 8 intermediate criminal sanctions by each district department; 9 the use of intermediate criminal sanctions for technical and 10 serious probation violations by each district department; the 11 use of probation revocations in order to identify the causes 12 of such revocations; serious probation violations and new 13 crimes committed by persons on probation; admissions to the 14 Iowa department of corrections by type of probation revocation; 15 and costs associated with the community-based correctional 16 system. The study committee shall consider recent updates and 17 changes to the use of intermediate criminal sanctions for the 18 previous fiscal year as well as any planned changes to the use 19 of intermediate criminal sanctions. The study committee shall 20 also compare differences among the judicial districts regarding 21 the use of intermediate criminal sanctions and probation 22 revocations. The bill requires the study committee to include 23 recommendations relevant to the future use of intermediate 24 criminal sanctions and policies surrounding technical and 25 serious violations with the goal of reducing recidivism 26 and admissions to prison for probation revocations, and 27 increasing transparency and accountability. The bill requires 28 the study committee to be composed of relevant legislative 29 committee chairs or designees, officials from the department 30 of corrections, district judges, relevant criminal justice 31 stakeholders, and any other person tasked with managing the 32 policies of district departments. 33 Under the bill, appointments to the committee shall be 34 made no later than August 1, 2018. The study committee shall 35 -3- LSB 5826HV (3) 87 jm/rh 3/ 4

H.F. 2436 submit a report of its findings and recommendations, including 1 any proposed legislation to the general assembly on or before 2 December 1, 2018. 3 -4- LSB 5826HV (3) 87 jm/rh 4/ 4