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Senate File 578 - IntroducedA Bill ForAn Act 1relating to domestic abuse, including provisions
2relating to the implementation of a domestic abuse lethality
3screening assessment and supervised electronic tracking and
4monitoring.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 236.12, subsection 1, Code 2019, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. d. (1) Conducting a validated,
4evidence-based domestic abuse lethality screening assessment
5with the abused person that assists peace officers, victim
6counselors, and others in identifying victims of domestic abuse
7who are most likely to be killed by such abuse in the future.
8If possible, the peace officer shall conduct the screening
9assessment verbally by presenting certain screening assessment
10questions to the abused person.
11(2) The peace officer conducting the domestic abuse
12lethality screening assessment or the law enforcement agency
13that has received such a screening assessment shall provide the
14county attorney with the results of the assessment conducted
15pursuant to subparagraph (1).
16 Sec. 2. Section 811.2, subsection 1, paragraph a,
17unnumbered paragraph 1, Code 2019, is amended to read as
18follows:
19All bailable defendants shall be ordered released from
20custody pending judgment or entry of deferred judgment on their
21personal recognizance, or upon the execution of an unsecured
22appearance bond in an amount specified by the magistrate unless
23the magistrate determines in the exercise of the magistrate’s
24discretion, that such a release will not reasonably assure the
25appearance of the defendant as required or that release will
26jeopardize the personal safety of another person or persons,
27or the defendant has been charged with a violation of domestic
28abuse assault under section 708.2A and the defendant is a
29high risk to reoffend. When such determination is made, the
30magistrate shall, either in lieu of or in addition to the
31above methods of release, impose the first of the following
32conditions of release which will reasonably assure the
33appearance of the person for trial or deferral of judgment and
34the safety of other persons, or, if no single condition gives
35that assurance, any combination of the following conditions,
-1-1except that the condition in subparagraph (03) shall be imposed
2with any combination of the following conditions if applicable
3to the person:
4 Sec. 3. Section 811.2, subsection 1, paragraph a, Code 2019,
5is amended by adding the following new subparagraph:
6 NEW SUBPARAGRAPH. (03) Require the defendant to be
7supervised by an electronic tracking and monitoring system
8upon release if the defendant is charged with a violation of
9domestic abuse assault under section 708.2A and the defendant
10is a high risk to reoffend.
11 Sec. 4. Section 811.2, subsection 2, Code 2019, is amended
12to read as follows:
132. Determination of conditions. In determining which
14conditions of release will reasonably assure the defendant’s
15appearance and the safety of another person or persons, the
16magistrate shall, on the basis of available information, take
17into account the nature and circumstances of the offense
18charged including the results of a domestic abuse lethality
19screening assessment if available, the defendant’s family
20ties, employment, financial resources, character and mental
21condition, the length of the defendant’s residence in the
22community, the defendant’s record of convictions, including the
23defendant’s failure to pay any fine, surcharge, or court costs,
24and the defendant’s record of appearance at court proceedings
25or of flight to avoid prosecution or failure to appear at court
26proceedings.
27 Sec. 5. Section 905.16, Code 2019, is amended by striking
28the section and inserting in lieu thereof the following:
29905.16 Domestic abuse assault — class “D” felons.
30A person who is serving a sentence under section 708.2A,
31subsection 4 or 5, and who is released on parole or work
32release, shall be supervised by an electronic tracking and
33monitoring system when the person is not confined in a secure
34area of a community-based correctional facility until such
35time as the district department determines the person may be
-2-1supervised without the electronic tracking and monitoring
2system.
3 Sec. 6. IMPLEMENTATION OF ACT. Section 25B.2, subsection
43, shall not apply to this Act.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8This bill relates to domestic abuse lethality screening by
9peace officers.
10Currently, if a peace officer has reason to believe domestic
11abuse has occurred, the peace officer is required to use all
12reasonable means to prevent further abuse including providing a
13notice to the abused person about the person’s rights pursuant
14to Code section 236.12(1).
15The bill provides that after notice is provided under Code
16section 236.12(1), the peace officer shall also conduct a
17validated, evidence-based domestic abuse lethality screening
18assessment with the abused person that assists peace officers,
19victim counselors, and others in identifying victims of
20domestic abuse who are most likely to be killed by such abuse
21in the future. If possible, the peace officer shall conduct
22the screening assessment verbally by presenting certain
23screening assessment questions to the abused person.
24The bill specifies that the peace officer conducting
25the domestic abuse lethality screening assessment or the
26law enforcement agency that has received such a screening
27assessment shall be responsible for providing the county
28attorney with the results of the screening assessment.
29The bill amends Code section 811.2 by prohibiting the
30release of a person on their personal recognizance, or upon the
31execution of an unsecured appearance bond, if the person is
32charged with a violation of domestic abuse assault under Code
33section 708.2A and the defendant is a high risk to reoffend.
34The bill further specifies that if a person charged with a
35violation of domestic abuse assault under Code section 708.2A
-3-1is released, the person shall be supervised by an electronic
2tracking and monitoring system if the person has been assessed
3as a high risk to reoffend in addition to any other conditions
4specified under Code section 811.2(1)(a).
5The bill amends Code section 811.2 relating to conditions
6of release of a person after arrest. In determining the
7conditions of release, the bill requires the court to take into
8account the results of a domestic abuse lethality screening
9assessment, if available.
10The bill requires a person who is serving a domestic
11abuse assault class “D” felony sentence under Code section
12708.2A(4) or (5), to be supervised by an electronic tracking
13and monitoring system, upon release, when the person is not
14confined in a secure area of a community-based correctional
15facility until such time as the district department determines
16the person may be supervised without the electronic tracking
17and monitoring system.
18The bill may include a state mandate as defined in Code
19section 25B.3. The bill makes inapplicable Code section
2025B.2(3), which would relieve a political subdivision from
21complying with a state mandate if funding for the cost of
22the state mandate is not provided or specified. Therefore,
23political subdivisions are required to comply with any state
24mandate included in the bill.
-4-as/rh
2relating to the implementation of a domestic abuse lethality
3screening assessment and supervised electronic tracking and
4monitoring.
5BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 236.12, subsection 1, Code 2019, is
2amended by adding the following new paragraph:
3 NEW PARAGRAPH. d. (1) Conducting a validated,
4evidence-based domestic abuse lethality screening assessment
5with the abused person that assists peace officers, victim
6counselors, and others in identifying victims of domestic abuse
7who are most likely to be killed by such abuse in the future.
8If possible, the peace officer shall conduct the screening
9assessment verbally by presenting certain screening assessment
10questions to the abused person.
11(2) The peace officer conducting the domestic abuse
12lethality screening assessment or the law enforcement agency
13that has received such a screening assessment shall provide the
14county attorney with the results of the assessment conducted
15pursuant to subparagraph (1).
16 Sec. 2. Section 811.2, subsection 1, paragraph a,
17unnumbered paragraph 1, Code 2019, is amended to read as
18follows:
19All bailable defendants shall be ordered released from
20custody pending judgment or entry of deferred judgment on their
21personal recognizance, or upon the execution of an unsecured
22appearance bond in an amount specified by the magistrate unless
23the magistrate determines in the exercise of the magistrate’s
24discretion, that such a release will not reasonably assure the
25appearance of the defendant as required or that release will
26jeopardize the personal safety of another person or persons,
27or the defendant has been charged with a violation of domestic
28abuse assault under section 708.2A and the defendant is a
29high risk to reoffend. When such determination is made, the
30magistrate shall, either in lieu of or in addition to the
31above methods of release, impose the first of the following
32conditions of release which will reasonably assure the
33appearance of the person for trial or deferral of judgment and
34the safety of other persons, or, if no single condition gives
35that assurance, any combination of the following conditions,
-1-1except that the condition in subparagraph (03) shall be imposed
2with any combination of the following conditions if applicable
3to the person:
4 Sec. 3. Section 811.2, subsection 1, paragraph a, Code 2019,
5is amended by adding the following new subparagraph:
6 NEW SUBPARAGRAPH. (03) Require the defendant to be
7supervised by an electronic tracking and monitoring system
8upon release if the defendant is charged with a violation of
9domestic abuse assault under section 708.2A and the defendant
10is a high risk to reoffend.
11 Sec. 4. Section 811.2, subsection 2, Code 2019, is amended
12to read as follows:
132. Determination of conditions. In determining which
14conditions of release will reasonably assure the defendant’s
15appearance and the safety of another person or persons, the
16magistrate shall, on the basis of available information, take
17into account the nature and circumstances of the offense
18charged including the results of a domestic abuse lethality
19screening assessment if available, the defendant’s family
20ties, employment, financial resources, character and mental
21condition, the length of the defendant’s residence in the
22community, the defendant’s record of convictions, including the
23defendant’s failure to pay any fine, surcharge, or court costs,
24and the defendant’s record of appearance at court proceedings
25or of flight to avoid prosecution or failure to appear at court
26proceedings.
27 Sec. 5. Section 905.16, Code 2019, is amended by striking
28the section and inserting in lieu thereof the following:
29905.16 Domestic abuse assault — class “D” felons.
30A person who is serving a sentence under section 708.2A,
31subsection 4 or 5, and who is released on parole or work
32release, shall be supervised by an electronic tracking and
33monitoring system when the person is not confined in a secure
34area of a community-based correctional facility until such
35time as the district department determines the person may be
-2-1supervised without the electronic tracking and monitoring
2system.
3 Sec. 6. IMPLEMENTATION OF ACT. Section 25B.2, subsection
43, shall not apply to this Act.
5EXPLANATION
6The inclusion of this explanation does not constitute agreement with
7the explanation’s substance by the members of the general assembly.
8This bill relates to domestic abuse lethality screening by
9peace officers.
10Currently, if a peace officer has reason to believe domestic
11abuse has occurred, the peace officer is required to use all
12reasonable means to prevent further abuse including providing a
13notice to the abused person about the person’s rights pursuant
14to Code section 236.12(1).
15The bill provides that after notice is provided under Code
16section 236.12(1), the peace officer shall also conduct a
17validated, evidence-based domestic abuse lethality screening
18assessment with the abused person that assists peace officers,
19victim counselors, and others in identifying victims of
20domestic abuse who are most likely to be killed by such abuse
21in the future. If possible, the peace officer shall conduct
22the screening assessment verbally by presenting certain
23screening assessment questions to the abused person.
24The bill specifies that the peace officer conducting
25the domestic abuse lethality screening assessment or the
26law enforcement agency that has received such a screening
27assessment shall be responsible for providing the county
28attorney with the results of the screening assessment.
29The bill amends Code section 811.2 by prohibiting the
30release of a person on their personal recognizance, or upon the
31execution of an unsecured appearance bond, if the person is
32charged with a violation of domestic abuse assault under Code
33section 708.2A and the defendant is a high risk to reoffend.
34The bill further specifies that if a person charged with a
35violation of domestic abuse assault under Code section 708.2A
-3-1is released, the person shall be supervised by an electronic
2tracking and monitoring system if the person has been assessed
3as a high risk to reoffend in addition to any other conditions
4specified under Code section 811.2(1)(a).
5The bill amends Code section 811.2 relating to conditions
6of release of a person after arrest. In determining the
7conditions of release, the bill requires the court to take into
8account the results of a domestic abuse lethality screening
9assessment, if available.
10The bill requires a person who is serving a domestic
11abuse assault class “D” felony sentence under Code section
12708.2A(4) or (5), to be supervised by an electronic tracking
13and monitoring system, upon release, when the person is not
14confined in a secure area of a community-based correctional
15facility until such time as the district department determines
16the person may be supervised without the electronic tracking
17and monitoring system.
18The bill may include a state mandate as defined in Code
19section 25B.3. The bill makes inapplicable Code section
2025B.2(3), which would relieve a political subdivision from
21complying with a state mandate if funding for the cost of
22the state mandate is not provided or specified. Therefore,
23political subdivisions are required to comply with any state
24mandate included in the bill.
-4-as/rh