HSB 597 (LSB 5250XD (6) 86)

SENATE/HOUSE FILE _____

BY  (PROPOSED DEPARTMENT OF PUBLIC SAFETY BILL)

A BILL FOR

An Act relating to domestic abuse and other offenses involving a domestic relationship, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 236.5, subsection 1, paragraph b, subparagraph (6), Code 2016, is amended to read as follows:
   (6)  Unless prohibited pursuant to 28 U.S.C. §1738B, that the defendant pay the clerk a sum of money for the separate support and maintenance of the plaintiff and children under eighteen.  The court may order the defendant to provide a certified statement regarding the defendant’s financial ability to pay support and maintenance. If the defendant fails to provide full and accurate disclosure of the defendant’s ability to pay support and maintenance, the court shall hold the defendant in contempt.
    Sec. 2.  Section 664A.7, subsection 5, Code 2016, is amended to read as follows:
   5.  a.  Violation of a no-contact order entered for the offense or alleged offense of domestic abuse assault in violation of section 708.2A or a violation of a protective order issued pursuant to chapter 232, 235F, 236, 598, or 915 constitutes a public offense and is punishable as a simple misdemeanor. Alternatively, the court may hold a person in contempt of court for such a violation, as provided in subsection 3.
   b.  If a person is convicted of a violation of a no-contact order or a protective order under this subsection, or alternatively if the person is held in contempt of court for such a violation, as provided in subsection 3, the court shall order the person to submit to a risk assessment pursuant to section 901.5C.
    Sec. 3.  Section 708.2A, subsection 7, paragraph b, Code 2016, is amended by striking the paragraph and inserting in lieu thereof the following:
   b.  A person convicted of a violation referred to in subsection 4 shall be sentenced as provided under section 902.13.
    Sec. 4.  Section 708.2B, Code 2016, is amended to read as follows:
   708.2B  Treatment of domestic abuse offenders.
   1.  As used in this section, “district department” means a judicial district department of correctional services, established pursuant to section 905.2. A person convicted of, or receiving a deferred judgment for, domestic abuse assault as defined in section 708.2A, shall report to the district department in order to participate in a batterers’ treatment program for domestic abuse offenders. In addition, a person convicted of, or receiving a deferred judgment for, an assault, as defined in section 708.1, which is domestic abuse, as defined in section 236.2, subsection 2, paragraph “e”, may be ordered by the court to participate in a batterers’ treatment program. Participation in the batterers’ treatment program shall not require a person to be placed on probation, but a person on probation may participate in the program. The district departments may contract for services in completing the duties relating to the batterers’ treatment programs. The district departments shall assess the fees for participation in the program, and shall either collect or contract for the collection of the fees to recoup the costs of treatment, but may waive the fee or collect a lesser amount upon a showing of cause. The fees shall be used by each of the district departments or contract service providers for the establishment, administration, coordination, and provision of direct services of the batterers’ treatment programs.
   2.  In addition to the requirements of subsection 1, the court shall order a person convicted of domestic abuse assault in violation of section 708.2A to submit to a risk assessment pursuant to section 901.5C.
   3.  District departments or contract service providers shall receive upon request peace officers’ investigative reports regarding persons participating in programs under this section. The receipt of reports under this section shall not waive the confidentiality of the reports under section 22.7.
    Sec. 5.  Section 708.7, subsection 2, Code 2016, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  A person convicted of harassment in the first degree shall be sentenced under section 902.13 if the offense involved a domestic relationship and the sentence exceeds one year.
    Sec. 6.  Section 708.11, Code 2016, is amended by adding the following new subsection:
   NEW SUBSECTION.  3A.  A person convicted under subsection 3, paragraph “a”, or subsection 3, paragraph “b”, subparagraph (1), shall be sentenced under section 902.13 if the offense involved a domestic relationship.
    Sec. 7.  NEW SECTION.  901.5C  Domestic abuse assault —— no-contact order or protective order violations —— risk assessment.
   1.  If a person is convicted of domestic abuse assault in violation of section 708.2A, a violation of a no-contact order or a protective order under section 664A.7, subsection 5, or alternatively the person is held in contempt of court for such a violation, as provided in section 664A.7, subsection 3, and ordered to be supervised by the judicial district department of correctional services or to participate in a batterers’ treatment program for domestic abuse offenders, the court shall order the person to submit to a risk assessment.
   2.  The risk assessment shall be performed by the judicial district department of correctional services or a contract service provider of a batterers’ treatment program for domestic abuse offenders, using a validated risk assessment developed by the board of parole and approved by the department of corrections. The court shall consider the risk assessment in determining the appropriate conditions for release. In determining whether to release a defendant, the court shall determine whether sufficient conditions for release are available that are designed to reduce the risk to another individual, detect threatening or criminal behavior, and increase the safety of individuals and the general public, and balance those determinations with the potential risk of harm if the defendant is released.
   3.  The court may order the defendant to participate in a program that includes the use of an electronic tracking and monitoring system as a condition of release. When ordering the use of an electronic tracking and monitoring system the court shall consider the safety of the victim and other legitimate factors that may impact all of the parties. If an electronic tracking and monitoring system is ordered, the court shall order the defendant to pay the costs associated with the imposition of the system. If the defendant fails to pay the fees of the electronic tracking and monitoring system in a timely manner, the court may impose garnishment of the defendant’s wages in order to meet the payment obligation.
    Sec. 8.  NEW SECTION.  902.13  Minimum sentence for certain domestic abuse assault, harassment, and stalking offenses.
   1.  As used in this section, unless the context otherwise requires:
   a.  (1)  “Family or household members” means spouses, persons cohabiting, parents, or other persons related by consanguinity or affinity.
   (2)  “Family or household members” does not include children under age eighteen of persons listed in subparagraph (1).
   b.  “Offense involving a domestic relationship” means an offense involving any of the following circumstances:
   (1)  The offense is between family or household members who resided together at the time of the offense.
   (2)  The offense is between separated spouses or persons divorced from each other and not residing together at the time of the offense.
   (3)  The offense is between persons who are parents of the same minor child, regardless of whether they have been married or have lived together at any time.
   (4)  The offense is between persons who have been family or household members residing together within the past year and are not residing together at the time of the offense.
   2.  A person who has been convicted of a third or subsequent offense of domestic abuse assault under section 708.2A, subsection 4, shall be denied parole or work release until the person has served a minimum term of confinement of three years.
   3.  A person who has been convicted of the offense of harassment in the first degree under section 708.7, subsection 2, and the offense involved a domestic relationship, shall be denied parole or work release until the person has served a minimum term of confinement of one year.
   4.  A person who has been convicted of a third or subsequent offense of stalking under section 708.11, subsection 3, paragraph “a”, and the offense involved a domestic relationship, shall be denied parole or work release until the person has served a minimum term of confinement of five years.
   5.  A person who has been convicted of the offense of stalking under section 708.11, subsection 3, paragraph “b”, subparagraph (1), and the offense involved a domestic relationship, shall be denied parole or work release until the person has served a minimum term of confinement of three years.
    Sec. 9.  Section 903A.2, subsection 1, paragraph a, unnumbered paragraph 1, Code 2016, is amended to read as follows:
   Category “A” sentences are those sentences which are not subject to a maximum accumulation of earned time of fifteen percent of the total sentence of confinement under section 902.12 or 902.13. To the extent provided in subsection 5, category “A” sentences also include life sentences imposed under section 902.1. An inmate of an institution under the control of the department of corrections who is serving a category “A” sentence is eligible for a reduction of sentence equal to one and two-tenths days for each day the inmate demonstrates good conduct and satisfactorily participates in any program or placement status identified by the director to earn the reduction. The programs include but are not limited to the following:
    Sec. 10.  Section 903A.2, subsection 1, paragraph b, Code 2016, is amended to read as follows:
   b.  (1)  Category “B” sentences are those sentences which are subject to a maximum accumulation of earned time of fifteen percent of the total sentence of confinement under section 902.12 or 902.13. An inmate of an institution under the control of the department of corrections who is serving a category “B” sentence is eligible for a reduction of sentence equal to fifteen eighty-fifths of a day for each day of good conduct by the inmate.
   (2)  An inmate required to participate in a domestic abuse treatment program shall not be eligible for a reduction of sentence unless the inmate participates in and completes a domestic abuse treatment program established by the director.
    Sec. 11.  Section 904A.4, subsection 8, Code 2016, is amended to read as follows:
   8.  a.  The board of parole shall implement a risk assessment program which shall provide risk assessment analysis for the board.
   b.  The board of parole shall also develop a risk assessment validated for domestic abuse-related offenses in consultation with the department of corrections. The board may adopt rules pursuant to chapter 17A relating to the use of the domestic abuse risk assessment.
    Sec. 12.  NEW SECTION.  905.16  Electronic tracking and monitoring system.
   1.  A person placed on probation, parole, work release, special sentence, or any other type of conditional release for any of the following offenses may be supervised by an electronic tracking and monitoring system in addition to any other conditions of supervision:
   a.  Domestic abuse assault in violation of section 708.2A, subsection 4.
   b.  Harassment in the first degree in violation of section 708.7, subsection 2, if the offense involved a domestic relationship as defined in section 902.13.
   c.  Stalking under section 708.11, subsection 3, paragraph “b”, if the offense involved a domestic relationship as defined in section 902.13.
   d.  Stalking under section 708.11, subsection 3, paragraph “c”, subparagraph (1), if the offense involved a domestic relationship as defined in section 902.13.
   2.  When considering whether to order the use of an electronic tracking and monitoring system the court shall consider the safety of the victim and other legitimate factors that may impact all of the parties.
    Sec. 13.  Section 907.3, subsection 1, paragraph a, Code 2016, is amended by adding the following new subparagraphs:
   NEW SUBPARAGRAPH.  (013)  The offense is a violation referred to in section 708.2A, subsection 4.
   NEW SUBPARAGRAPH.  (0013)  The offense is a violation of section 708.7, subsection 2, and the offense involved a domestic relationship as defined in section 902.13.
   NEW SUBPARAGRAPH.  (00013)  The offense is a violation referred to in section 708.11, subsection 3, paragraph “a”, and the offense involved a domestic relationship as defined in section 902.13.
   NEW SUBPARAGRAPH.  (000013)  The offense is a violation of section 708.11, subsection 3, paragraph “b”, subparagraph (1), and the offense involved a domestic relationship as defined in section 902.13.
    Sec. 14.  Section 907.3, subsection 2, paragraph a, Code 2016, is amended by adding the following new subparagraphs:
   NEW SUBPARAGRAPH.  (8)  The offense is a violation referred to in section 708.2A, subsection 4.
   NEW SUBPARAGRAPH.  (9)  The offense is a violation of section 708.7, subsection 2, and the offense involved a domestic relationship as defined in section 902.13.
   NEW SUBPARAGRAPH.  (10)  The offense is a violation of section 708.11, subsection 3, paragraph “a”, and the offense involved a domestic relationship as defined in section 902.13.
   NEW SUBPARAGRAPH.  (11)  The offense is a violation of section 708.11, subsection 3, paragraph “b”, subparagraph (1), and the offense involved a domestic relationship as defined in section 902.13.
    Sec. 15.  Section 907.3, subsection 3, Code 2016, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  0a.  The sentence imposed under section 902.13 for a violation referred to in section 708.2A, subsection 4.
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 and other offenses involving a domestic relationship, and provides penalties.
   DOMESTIC ABUSE —— PAYMENT OF SUPPORT AND MAINTENANCE. The bill specifies that upon a finding that a defendant has engaged in domestic abuse pursuant to Code chapter 236 (not a criminal proceeding), the court may order the defendant to provide a certified statement to the court regarding the defendant’s ability to pay support and maintenance when ordering the defendant to pay such support and maintenance. Under the bill, if the defendant fails to provide the certified financial statement providing full and accurate disclosure, the court shall hold the defendant in contempt of court.
   MANDATORY RISK ASSESSMENT. Under the bill, if a person convicted of a violation of a no-contact order or a protective order pursuant to Code chapter 664A, or alternatively the person is held in contempt of court for such a violation, and ordered to be supervised by the judicial district department of correctional services or to participate in a batterers’ treatment program, the court shall order the person to submit to a risk assessment pursuant to new Code section 901.5C. If a person is convicted of domestic abuse assault under Code section 708.2A, the bill requires the person to submit to a risk assessment.
   REQUIREMENTS OF MANDATORY RISK ASSESSMENT. The bill requires the risk assessment be performed by the judicial district department of correctional services or a contract service provider of a batterers’ treatment program for domestic abuse offenders, using a validated risk assessment developed by the board of parole and approved by the department of corrections. The bill also requires the court to consider the risk assessment in determining the appropriate conditions for release. In determining whether to release a defendant, the court shall determine whether sufficient conditions for release are available that are designed to reduce the risk to another individual, detect threatening or criminal behavior, and increase the safety of individuals and the general public, and balance those determinations with the potential risk of harm if the defendant is released.
   ELECTRONIC TRACKING AND MONITORING. The bill provides that the court may order the defendant to participate in a program that includes the use of an electronic tracking and monitoring system as a condition of release in a mandatory risk assessment situation for violating a no-contact order or protective order, being convicted of domestic abuse assault, or as a condition of release for a bailable defendant if the defendant is a risk to another person. The bill specifies that when ordering the use of an electronic tracking and monitoring system the court shall consider the safety of the victim and other legitimate factors that may impact all of the parties. If an electronic tracking and monitoring system is ordered, the court is required to order the defendant to pay the costs associated with the imposition of the system. If the defendant fails to pay the fees of the electronic tracking and monitoring system in a timely manner, the bill provides that the court may impose garnishment of the defendant’s wages in order to meet the payment obligation.
   The bill also specifies that a person placed on probation, parole, work release, special sentence, or any other type of conditional release may be supervised by an electronic tracking and monitoring system in addition to any other conditions of supervision if the person was convicted of any of the following offenses: domestic abuse assault in violation of Code section 708.2A(4); harassment in the first degree in violation of Code section 708.7(2), and the offense involved a domestic relationship; stalking in violation of Code section 708.11(3)(a), and the offense involved a domestic relationship; and stalking in violation of Code section 708.11(3)(b)(1), and the offense involved a domestic relationship.
   The bill further specifies that when considering whether to order the use of an electronic tracking and monitoring system the court shall consider the safety of the victim and other legitimate factors that may impact all of the parties.
   MANDATORY MINIMUM SENTENCE —— DOMESTIC ABUSE ASSAULT. If a person is convicted of a third or subsequent domestic abuse assault as referred to in Code section 708.2A(4), the bill requires the person to serve a three-year mandatory minimum prison sentence. A person who commits a third or subsequent domestic abuse assault commits a class “D” felony. The bill and current law also prohibit a person convicted of such a domestic abuse from receiving a deferred judgment or sentence, or a suspended sentence.
   MANDATORY MINIMUM SENTENCE —— DOMESTIC RELATIONSHIP.  The bill defines “domestic relationship” similarly to the relationships required to commit “domestic abuse” in Code section 236.2 except that certain “intimate relationships” are excluded. If a person is convicted of harassment in the first degree in violation of Code section 708.7(2), and the offense involved a domestic relationship, the bill requires the person serve a one-year mandatory minimum sentence, if the court sentences the person to a term of confinement that exceeds one year. A person who commits harassment in the first degree commits an aggravated misdemeanor. The bill also prohibits a person convicted of the harassment offense from receiving a deferred judgment or sentence. If a person convicted of a third or subsequent stalking in violation of Code section 708.11(3)(a), and the offense involved a domestic relationship, the bill requires the person serve a mandatory five-year minimum prison sentence. A person who commits such a stalking offense commits a class “C” felony. The bill also prohibits the person from receiving a deferred judgment or sentence. If a person convicted of stalking in violation of Code section 708.11(3)(b)(1), and the offense involved a domestic relationship, the bill requires the person serve a mandatory three-year minimum prison sentence. A person who commits such a stalking offense commits a class “D” felony. The bill also prohibits the person from receiving a deferred judgment or sentence.
   ACCUMULATION OF EARNED TIME. The bill changes the following offenses from a category “A” sentence under Code section 903A.2 to a category “B” sentence under Code section 903A.2: a third or subsequent offense of domestic abuse assault in Code section 708.2A(4); harassment in the first degree in Code section 708.7(2), if the offense involved a domestic relationship and the sentence by the court exceeds one year; a third or subsequent offense of stalking under Code section 708.11(3)(a), if the offense involved a domestic relationship; and stalking under Code section 708.11(3)(b)(1), if the offense involved a domestic relationship. Changing an offense from a category “A” sentence to a category “B” sentence in effect reduces the maximum accumulation of earned time from one and two-tenths days for each day the inmate demonstrates good conduct and satisfactorily participates in any program or placement to a maximum accumulation of earned time of fifteen eighty-fifths of a day for each day of good conduct. However, the category “B” offenses in the bill are not limited to serving at least seven-tenths of the maximum term of the person’s sentence as provided in Code section 902.12 but are required to serve the mandatory minimum sentence in new Code section 902.13 in the bill. 
   The bill also specifies that an inmate sentenced under new Code section 902.13 is required to participate in a domestic abuse treatment program, if required, and is not eligible for a reduction of sentence unless the defendant participates and completes such a program. If a defendant participates and completes the domestic abuse treatment program, the defendant is entitled to a reduction of fifteen eighty-fifths of a day for each day the defendant demonstrates good conduct and participates in a program or placement.
   BOARD OF PAROLE —— RULES. The bill requires the board of parole to develop a validated risk assessment model for domestic abuse assault in consultation with the department of corrections.