HF 2222 (LSB 5155YH (3) 91)

HOUSE FILE 2222

BY  CROKEN, MADISON, KURTH, WILSON, AMOS JR., BROWN-POWERS, and RAMIREZ

A BILL FOR

An Act allowing the use of a pretrial risk assessment for certain bailable defendants.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  811.2A  Conditions of release —— assessment of risk.
   1.  Prior to release, a court may require a bailable defendant charged with any offense involving an allegation that the defendant’s release may endanger the safety of another person to submit to a risk assessment in addition to any other conditions of release under section 811.2.
   2.  The court shall have discretion whether to order a defendant to complete a risk assessment. If a defendant is ordered to complete a risk assessment, the risk assessment shall be performed by a judicial district department of correctional services 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.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill allows the court to use a pretrial risk assessment if a bailable defendant is charged with any offense involving an allegation that the defendant’s release may endanger the safety of another person. If the court determines a risk assessment should be performed, a judicial district department of correctional services will perform the risk assessment using a validated risk assessment developed by the board of parole and approved by the department of corrections. The court shall consider the results of the risk assessment, along with other factors, in determining whether to release the defendant.