SF 382 (LSB 2583XS (3) 88)

SENATE FILE 382

BY  NUNN

A BILL FOR

An Act relating to domestic abuse, including provisions relating to the implementation of a domestic abuse lethality screening assessment and supervised electronic tracking and monitoring.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 236.12, subsection 1, Code 2019, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  d.  (1)  Conducting a validated, evidence-based domestic abuse lethality screening assessment with the abused person that assists peace officers, victim counselors, and others in identifying victims of domestic abuse who are most likely to be killed by such abuse in the future. If possible, the peace officer shall conduct the screening assessment verbally by presenting certain screening assessment questions to the abused person.
   (2)  The peace officer conducting the domestic abuse lethality screening assessment or the law enforcement agency that has received such a screening assessment shall provide the county attorney with the results of the assessment conducted pursuant to subparagraph (1).
    Sec. 2.  Section 811.2, subsection 1, paragraph a, unnumbered paragraph 1, Code 2019, is amended to read as follows:
   All bailable defendants shall be ordered released from custody pending judgment or entry of deferred judgment on their personal recognizance, or upon the execution of an unsecured appearance bond in an amount specified by the magistrate unless the magistrate determines in the exercise of the magistrate’s discretion, that such a release will not reasonably assure the appearance of the defendant as required or that release will jeopardize the personal safety of another person or persons, or the defendant has been charged with a violation of domestic abuse assault under section 708.2A and the defendant is a high risk to reoffend. When such determination is made, the magistrate shall, either in lieu of or in addition to the above methods of release, impose the first of the following conditions of release which will reasonably assure the appearance of the person for trial or deferral of judgment and the safety of other persons, or, if no single condition gives that assurance, any combination of the following conditions, except that the condition in subparagraph (03) shall be imposed with any combination of the following conditions if applicable to the person:
    Sec. 3.  Section 811.2, subsection 1, paragraph a, Code 2019, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (03)  Require the defendant to be supervised by an electronic tracking and monitoring system upon release if the defendant is charged with a violation of domestic abuse assault under section 708.2A and the defendant is a high risk to reoffend.
    Sec. 4.  Section 811.2, subsection 2, Code 2019, is amended to read as follows:
   2.  Determination of conditions.  In determining which conditions of release will reasonably assure the defendant’s appearance and the safety of another person or persons, the magistrate shall, on the basis of available information, take into account the nature and circumstances of the offense charged including the results of a domestic abuse lethality screening assessment if available, the defendant’s family ties, employment, financial resources, character and mental condition, the length of the defendant’s residence in the community, the defendant’s record of convictions, including the defendant’s failure to pay any fine, surcharge, or court costs, and the defendant’s record of appearance at court proceedings or of flight to avoid prosecution or failure to appear at court proceedings.
    Sec. 5.  Section 905.16, Code 2019, is amended by striking the section and inserting in lieu thereof the following:
   905.16  Domestic abuse assault —— class “D” felons.   A person who is serving a sentence under section 708.2A, subsection 4 or 5, and who is released on parole or work release, shall be supervised by an electronic tracking and monitoring system when the person is not confined in a secure area of a community-based correctional facility until such time as the district department determines the person may be supervised without the electronic tracking and monitoring system.
    Sec. 6.  IMPLEMENTATION OF ACT.  Section 25B.2, subsection 3, shall not apply to this Act.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to domestic abuse lethality screening by peace officers.
   Currently, if a peace officer has reason to believe domestic abuse has occurred, the peace officer is required to use all reasonable means to prevent further abuse including providing a notice to the abused person about the person’s rights pursuant to Code section 236.12(1).
   The bill provides that after notice is provided under Code section 236.12(1), the peace officer shall also conduct a validated, evidence-based domestic abuse lethality screening assessment with the abused person that assists peace officers, victim counselors, and others in identifying victims of domestic abuse who are most likely to be killed by such abuse in the future. If possible, the peace officer shall conduct the screening assessment verbally by presenting certain screening assessment questions to the abused person.
   The bill specifies that the peace officer conducting the domestic abuse lethality screening assessment or the law enforcement agency that has received such a screening assessment shall be responsible for providing the county attorney with the results of the screening assessment.
   The bill amends Code section 811.2 by prohibiting the release of a person on their personal recognizance, or upon the execution of an unsecured appearance bond, if the person is charged with a violation of domestic abuse assault under Code section 708.2A and the defendant is a high risk to reoffend. The bill further specifies that if a person charged with a violation of domestic abuse assault under Code section 708.2A is released, the person shall be supervised by an electronic tracking and monitoring system if the person has been assessed as a high risk to reoffend in addition to any other conditions specified under Code section 811.2(1)(a).
   The bill amends Code section 811.2 relating to conditions of release of a person after arrest. In determining the conditions of release, the bill requires the court to take into account the results of a domestic abuse lethality screening assessment, if available.
   The bill requires a person who is serving a domestic abuse assault class “D” felony sentence under Code section 708.2A(4) or (5), to be supervised by an electronic tracking and monitoring system, upon release, when the person is not confined in a secure area of a community-based correctional facility until such time as the district department determines the person may be supervised without the electronic tracking and monitoring system.
   The bill may include a state mandate as defined in Code section 25B.3. The bill makes inapplicable Code section 25B.2(3), which would relieve a political subdivision from complying with a state mandate if funding for the cost of the state mandate is not provided or specified. Therefore, political subdivisions are required to comply with any state mandate included in the bill.