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Senate File 2328 - ReprintedA Bill ForAn Act 1 relating to criminal law including the disclosure of
2a defendant’s privileged records in a criminal action,
3no-contact orders, penalties for domestic abuse assault,
4limitations on criminal actions involving certain sexual
5offenses, criminal sentencing and corrections, parole and
6work release, crime victim rights, discovery in criminal
7actions, postconviction relief procedure, certain reporting
8requirements, conditional guilty pleas, and making penalties
9applicable.
10BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2COMMUNICATIONS IN PROFESSIONAL CONFIDENCE — Criminal actions
3 Section 1. Section 622.10, subsection 4, paragraph a,
4subparagraph (2), Code 2022, is amended by adding the following
5new subparagraph division:
6 NEW SUBPARAGRAPH DIVISION. (e) For purposes of this
7subsection, “exculpatory information” means only information
8that tends to negate the guilt of the defendant, and not
9information that is merely impeaching or is substantially
10cumulative in nature.
11DIVISION II
12NO-CONTACT ORDERS
13 Sec. 2. Section 664A.8, Code 2022, is amended to read as
14follows:
15664A.8 Extension of no-contact order.
16Upon the filing of an application by the state or by the
17victim of any public offense referred to in section 664A.2,
18subsection 1 which is filed within ninety days prior to the
19expiration of a modified no-contact order, the The court shall
20modify and extend the no-contact order upon the expiration of
21the no-contact order for an additional period of five years,
22unless, upon the filing of an application by the defendant
23within ninety days prior to the expiration of a modified
24no-contact order, the court finds that the defendant no longer
25poses a threat to the safety of the victim, persons residing
26with the victim, or members of the victim’s family. The number
27of modifications extending the no-contact order permitted by
28this section is not limited.
29DIVISION III
30domestic abuse assault Penalties
31 Sec. 3. Section 708.2A, subsection 6, paragraph a, Code
322022, is amended by striking the paragraph.
33DIVISION IV
34limitation of criminal actions involving certain sexual
35offenses
-1-1 Sec. 4. Section 802.2B, Code 2022, is amended by adding the
2following new subsections:
3 NEW SUBSECTION. 5A. Continuous sexual abuse of a child in
4violation of section 709.23.
5 NEW SUBSECTION. 5B. Kidnapping in the first degree when the
6person kidnapped, and as a consequence of the kidnapping, is
7intentionally subjected to sexual abuse in violation of section
8710.2.
9 NEW SUBSECTION. 5C. Burglary in the first degree in
10violation of section 713.3, subsection 1, paragraph “d”.
11 Sec. 5. Section 802.2C, Code 2022, is amended to read as
12follows:
13802.2C Kidnapping.
14An information or indictment for kidnapping in the first,
15second, or third degree, except as provided in section 802.2B,
16 committed on or with a person who is under the age of eighteen
17years shall be found within ten years after the person upon
18whom the offense is committed attains eighteen years of age,
19or if the person against whom the information or indictment
20is sought is identified through the use of a DNA profile, an
21information or indictment shall be found within three years
22from the date the person is identified by the person’s DNA
23profile, whichever is later.
24DIVISION V
25Criminal sentencing and corrections
26 Sec. 6. Section 901.4B, subsection 2, Code 2022, is amended
27to read as follows:
282. After hearing any statements presented pursuant to
29subsection 1, and before imposing sentence, the court shall
30address any victim of the crime who is physically present at
31the sentencing and shall allow do all of the following:
32a. Ask any victim or representative of the victim whether
33the victim has been informed by the prosecuting attorney or the
34prosecuting attorney’s designee of the status of the case and
35of the prosecuting attorney’s recommendation for sentencing.
-2- 1b. Allowany victim to be reasonably heard, including but
2not limited to by presenting a victim impact statement in the
3manner described in section 915.21.
4 Sec. 7. Section 901.8, Code 2022, is amended to read as
5follows:
6901.8 Consecutive sentences.
71. If a person is sentenced for two or more separate
8offenses, the sentencing judge may order the second or further
9sentence to begin at the expiration of the first or succeeding
10sentence.
112. If a person is sentenced for escape under section 719.4
12or for a crime committed while confined in a detention facility
13or penal institution, the sentencing judge shall order the
14sentence to begin at the expiration of any existing sentence.
15If the person is presently in the custody of the director
16of the Iowa department of corrections, the sentence shall be
17served at the facility or institution in which the person
18is already confined unless the person is transferred by the
19director.
203. If a person is sentenced for two or more separate
21offenses contained in section 902.12, subsection 1, and one or
22more of the convictions is for an offense under chapter 709
23or chapter 710, the sentencing judge shall require that the
24sentences be served consecutively.
254. Except as otherwise provided in section 903A.7, if
26consecutive sentences are specified in the order of commitment,
27the several terms shall be construed as one continuous term of
28imprisonment.
29 Sec. 8. Section 901.11, subsections 2, 3, 4, and 5, Code
302022, are amended to read as follows:
312. At the time of sentencing, the court shall determine
32when a person convicted of child endangerment as described in
33section 902.12, subsection 2 3, shall first become eligible
34for parole or work release within the parameters specified
35in section 902.12, subsection 2 3, based upon all pertinent
-3-1information including the person’s criminal record, a validated
2risk assessment, and whether the offense involved multiple
3intentional acts or a series of intentional acts, or whether
4the offense involved torture or cruelty.
53. At the time of sentencing, the court shall determine when
6a person convicted of robbery in the first degree as described
7in section 902.12, subsection 3 4, shall first become eligible
8for parole or work release within the parameters specified
9in section 902.12, subsection 3 4, based upon all pertinent
10information including the person’s criminal record, a validated
11risk assessment, and the negative impact the offense has had
12on the victim or other persons.
134. At the time of sentencing, the court shall determine when
14a person convicted of robbery in the second degree as described
15in section 902.12, subsection 4 5, shall first become eligible
16for parole or work release within the parameters specified
17in section 902.12, subsection 4 5, based upon all pertinent
18information including the person’s criminal record, a validated
19risk assessment, and the negative impact the offense has had
20on the victim or other persons.
215. At the time of sentencing, the court shall determine when
22a person convicted of arson in the first degree as described
23in section 902.12, subsection 5 6, shall first become eligible
24for parole or work release within the parameters specified
25in section 902.12, subsection 5 6, based upon all pertinent
26information including the person’s criminal record, a validated
27risk assessment, and the negative impact the offense has had
28on the victim or other persons.
29 Sec. 9. NEW SECTION. 902.9A Minimum sentence — certain
30felonies.
31The minimum sentence for any person convicted of a felony
32contained in section 902.12, and who did not receive a deferred
33judgment or a deferred or suspended sentence under chapter 907,
34shall be that prescribed by statute or, if not prescribed by
35statute, shall be determined as follows:
-4- 11. A class “B” felon shall be confined for no less than one
2year.
32. A class “C” felon shall be confined for no less than two
4months.
53. A class “D” felon shall be confined for no less than one
6month.
7 Sec. 10. Section 902.12, Code 2022, is amended to read as
8follows:
9902.12 Minimum sentence for certain felonies — eligibility
10for parole or work release.
111. A person serving a sentence for conviction of any of
12the following felonies that occur on or after July 1, 2022, if
13other than a class “A” felony, shall be denied parole or work
14release unless the person has served at least nine-tenths of
15the maximum term of the person’s sentence:
16a. Homicide or a related crime in violation of chapter 707.
17b. Assault in violation of chapter 708.
18c. Terrorism in violation of chapter 708A.
19d. Sexual abuse in violation of chapter 709.
20e. Kidnapping or related offenses in violation of chapter
21710.
22f. Human trafficking in violation of chapter 710A, except
23for a violation of section 710A.2A.
24g. Robbery, aggravated theft, or extortion in violation of
25chapter 711.
26h. Arson in violation of chapter 712.
27i. Burglary in violation of chapter 713, except for a
28violation of section 713.7.
29j. Criminal gang participation or gang recruitment in
30violation of chapter 723A.
31k. Sexual exploitation of a minor in violation of section
32728.12.
331. 2. A person serving a sentence for conviction of any of
34 the following felonies, including a person serving a sentence
35for conviction of the following felonies that occur prior to
-5-1July 1, 2003 2022, shall be denied parole or work release
2unless the person has served at least seven-tenths of the
3maximum term of the person’s sentence:
4a. Murder in the second degree in violation of section
5707.3.
6b. Attempted murder in violation of section 707.11, except
7as provided in section 707.11, subsection 5.
8c. Sexual abuse in the second degree in violation of section
9709.3.
10d. Kidnapping in the second degree in violation of section
11710.3.
12e. Robbery in the second degree in violation of section
13711.3, except as determined in subsection 4 5.
14f. Vehicular homicide in violation of section 707.6A,
15subsection 1 or 2, if the person was also convicted under
16section 321.261, subsection 4, based on the same facts or
17event that resulted in the conviction under section 707.6A,
18subsection 1 or 2.
192. 3. A person serving a sentence for a conviction of
20child endangerment as defined in section 726.6, subsection
211, paragraph “b”, that is described and punishable under
22section 726.6, subsection 5, shall be denied parole or work
23release until the person has served between three-tenths and
24seven-tenths of the maximum term of the person’s sentence as
25determined under section 901.11, subsection 2.
263. 4. A person serving a sentence for a conviction for
27robbery in the first degree in violation of section 711.2 for
28a conviction that occurs on or after July 1, 2018 prior to
29July 1, 2022, shall be denied parole or work release until
30the person has served between one-half and seven-tenths of
31the maximum term of the person’s sentence as determined under
32section 901.11, subsection 3.
334. 5. A person serving a sentence for a conviction for
34robbery in the second degree in violation of section 711.3
35for a conviction that occurs on or after July 1, 2016 prior
-6-1to July 1, 2022, shall be denied parole or work release until
2the person has served between one-half and seven-tenths of
3the maximum term of the person’s sentence as determined under
4section 901.11, subsection 4.
55. 6. A person serving a sentence for a conviction for
6arson in the first degree in violation of section 712.2 that
7occurs on or after July 1, 2019 prior to July 1, 2022, shall
8be denied parole or work release until the person has served
9between one-half and seven-tenths of the maximum term of
10the person’s sentence as determined under section 901.11,
11subsection 5.
12 Sec. 11. Section 903A.2, subsection 1, paragraph c, Code
132022, is amended to read as follows:
14c. Category “C” sentences are those sentences for attempted
15murder described in section 707.11, subsection 5, and sentences
16for the offenses described in section 902.12, subsection 1.
17Notwithstanding paragraphs paragraph “a” or “b”, an inmate
18serving a category “C” sentence is ineligible for a reduction
19of sentence under this section.
20DIVISION VI
21parole and work release
22 Sec. 12. Section 906.4, subsection 1, Code 2022, is amended
23to read as follows:
241. A parole or work release shall be ordered only for
25the best interest of society, any victim of the person, and
26the offender person, not as an award of clemency. The board
27shall release on parole or work release any person whom it
28has the power to so release, only when in its opinion there
29is reasonable a significant probability that the person can
30be released without detriment to the community, any victim
31of the person, or to the person. A person’s release is not
32a detriment to the community, any victim of the person,
33 or the person if the person is able and willing to fulfill
34the obligations of a law-abiding citizen, in the board’s
35determination.
-7-1 Sec. 13. Section 906.5, subsection 1, paragraph a, Code
22022, is amended to read as follows:
3a. The board shall establish and implement a plan by which
4the board systematically reviews the status of each person who
5has been committed to the custody of the director of the Iowa
6department of corrections and considers the person’s prospects
7for parole or work release. The board shall, at least annually
8shall but no more frequently than every six months, review
9the status of a person other than a class “A” felon, a class
10“B” felon serving a sentence of more than twenty-five years,
11or a felon serving an offense punishable under section 902.9,
12subsection 1, paragraph “a”, or a felon serving a mandatory
13minimum sentence other than a class “A” felon, and provide
14the person with notice of the board’s parole or work release
15decision.
16 Sec. 14. Section 906.5, subsection 1, Code 2022, is amended
17by adding the following new paragraph:
18 NEW PARAGRAPH. c. The board shall require that all parole
19hearings be recorded and maintained as public records under
20chapter 22 for a minimum of three years from the date of the
21hearing or the most recent release of an inmate on parole.
22 Sec. 15. Section 906.5, subsection 2, Code 2022, is amended
23to read as follows:
242. It is the intent of the general assembly that the board
25shall implement a plan of early release in an effort to assist
26in controlling the prison population and assuring prison
27space for the confinement of offenders whose release would be
28detrimental to the citizens of this state to ensure that parole
29or work release is only ordered when in the best interest of
30society, any victim of the person, and the person. The board
31shall report to the legislative services agency on a monthly
32basis concerning the implementation of this plan and the number
33of inmates paroled pursuant to this plan and the average length
34of stay of those paroled.
35DIVISION VII
-8-1Crime victims — rights
2 Sec. 16. Section 915.11, subsection 1, Code 2022, is amended
3to read as follows:
41. a. A local police department or county sheriff’s
5department shall advise a victim of the right to
6register with the county attorney, and shall provide a
7request-for-registration form to each victim. A local police
8department or county sheriff’s department shall provide a
9telephone number and internet site to each victim to register
10with the automated victim notification system established
11pursuant to section 915.10A.
12b. A local police department or county sheriff’s department
13shall provide a victim with a pamphlet explaining the victim’s
14rights as a victim of a public offense or delinquent act.
15 Sec. 17. Section 915.20, Code 2022, is amended by adding the
16following new subsection:
17 NEW SUBSECTION. 1A. A local police department or county
18sheriff’s department shall provide to the crime victim
19assistance division of the department of justice with the
20contact information for a victim of a public offense or
21delinquent act. A victim counselor shall contact a victim to
22determine whether the victim is in need of further assistance
23from the victim counselor or whether the victim has any
24questions regarding the person’s rights as a victim.
25 Sec. 18. Section 915.38, Code 2022, is amended by adding the
26following new subsection:
27 NEW SUBSECTION. 3A. a. It is the public policy of the
28state that statements made by children to forensic interviewers
29at child advocacy centers and child protection centers are
30presumptively reliable and should be admitted into evidence in
31the courts.
32b. Notwithstanding any other provision of law, the court
33shall upon motion of a party admit a recorded statement of a
34child as defined in section 702.5, if all of the following
35apply:
-9- 1(1) The recorded statement describes conduct that
2constitutes a public offense committed against or involving a
3child, or describes circumstances relevant to such conduct.
4(2) The recorded statement was obtained by a forensic
5interviewer employed by an accredited child advocacy center or
6child protection center.
7(3) The interview was conducted substantially in accordance
8with a nationally recognized protocol for interviewing
9children.
10(4) The recorded statement is offered in a criminal
11proceeding, the opposing party was given at least ten days’
12notice prior to the trial commencing of the intention to admit
13the recorded statement, and any of the following apply:
14(a) The child testifies at trial.
15(b) The child has been questioned by the defendant or the
16defendant’s attorney at a deposition or at any substantially
17similar setting.
18(c) The child is unavailable as a witness as provided in
19rule of evidence 5.804(a).
20(d) The court finds by a preponderance of the evidence that
21the child would suffer significant emotional or psychological
22trauma from testifying in the personal presence of the
23defendant at the time of the criminal proceeding.
24c. A court may deny the admission of a recorded statement
25under this section only if the party opposing the admission
26proves by clear and convincing evidence that the recorded
27statement is unreliable.
28d. Portions of a recorded interview admitted pursuant to
29this section may be redacted under the following circumstances:
30(1) By agreement of the parties.
31(2) By order of the court, if the court finds by a
32preponderance of the evidence that redaction is necessary to
33either:
34(a) Minimize embarrassment or trauma to the child.
35(b) Effectuate a provision of the rules of evidence other
-10-1than the rules against hearsay.
2 Sec. 19. NEW SECTION. 915.44A Limitation of evidence in
3sexual abuse cases.
4A defendant charged with a criminal offense under chapter
5709 who has filed an application for postconviction relief
6upon conviction for a criminal offense under chapter 709 shall
7be precluded from questioning any victim or any other person
8regarding evidence which is inadmissible under rule of evidence
95.412 or any other successor provision. Prohibited evidence
10includes all of the following:
111. Reputation or opinion evidence of a victim offered to
12prove that a victim engaged in other sexual behavior.
132. Evidence of a victim’s other sexual behavior other than
14reputation or opinion evidence.
153. Evidence of a victim’s sexual predisposition.
16 Sec. 20. COMMISSION ON CONTINUING LEGAL EDUCATION —
17CONTINUING LEGAL EDUCATION REQUIREMENTS. The supreme court
18shall amend Iowa court rule 42.2 to require all attorneys
19licensed in this state to complete a minimum of one hour,
20annually, of continuing legal education that focuses on crime
21victims and how to improve a crime victim’s experience within
22the criminal justice system.
23DIVISION VIII
24Discovery
25 Sec. 21. NEW SECTION. 821A.1 Subpoenas in criminal actions.
261. A criminal defendant or counsel acting on the defendant’s
27behalf shall not issue any subpoena for documents or other
28evidence except upon application to the court. Such an
29application shall not be granted unless a defendant proves by a
30preponderance of the evidence all of the following:
31a. The evidence is material and necessary to prepare a
32defense.
33b. The defendant has made reasonable efforts to obtain the
34evidence without invoking compulsory process.
35c. The evidence is not available from any other source.
-11- 1d. For evidence that is obtainable by the state only through
2the execution of a search warrant, the defendant must show
3probable cause that the information sought contains exculpatory
4information that is not available from any other source and
5that there is a compelling need for the evidence to enable the
6defendant to present a defense at trial.
72. This section is the exclusive mechanism for a criminal
8defendant or counsel acting on the defendant’s behalf to issue
9a subpoena for documents or other evidence.
103. An application made pursuant to this section shall not
11be filed ex parte.
124. This section shall not apply to a subpoena issued solely
13to secure the presence of a witness listed in the minutes of
14testimony at an authorized deposition or to secure the presence
15of a witness listed in either the minutes of testimony or in
16the defendant’s witness list submitted for a hearing or trial.
175. The prosecuting attorney shall not be required to execute
18or effectuate any order or subpoena issued pursuant to this
19section.
206. If any documents or evidence are obtained pursuant to
21this section, the criminal defendant or counsel acting on the
22defendant’s behalf must notify the prosecuting attorney within
23twenty-four hours of obtaining the documents or evidence. The
24documents or evidence received, or copies of the same, must be
25provided to the prosecuting attorney as soon as possible.
267. Evidence or documents obtained by a subpoena that does
27not comply with this section shall not be admissible in any
28criminal action if offered by the defendant.
298. Any person who knowingly issues a subpoena that does not
30comply with this section may be declared in contempt of court.
319. Nothing in this section shall eliminate or reduce a
32criminal defendant’s obligation to comply with section 622.10,
33subsection 4, when seeking privileged records.
3410. Any provision of law or rule of court promulgated by the
35supreme court that is inconsistent with this section shall have
-12-1no legal effect.
2 Sec. 22. NEW SECTION. 821A.2 Discovery depositions in
3criminal actions — witness lists.
41. Discovery depositions shall not be permitted in any
5criminal action, except upon application to the court and a
6showing of exceptional circumstances.
72. A criminal defendant must file a witness list when the
8defendant requests or receives any discretionary discovery, the
9date when any deposition is taken, or ten days before trial,
10whichever date is earliest. If the defendant fails to timely
11list a witness, the court shall prohibit the witness from
12testifying at trial absent good cause shown for the defendant’s
13failure to timely list the witness.
143. A person who is not yet a party to a criminal action
15shall not be permitted to depose another person until the time
16the person who is not yet a party to the criminal action is
17charged with or indicted for the associated criminal offense.
18DIVISION IX
19Postconviction relief and discovery procedure
20 Sec. 23. Section 822.7, Code 2022, is amended to read as
21follows:
22822.7 Court to hear application.
23The application shall be heard in, and before any judge
24of the court in which the conviction or sentence took place.
25However, if the applicant is seeking relief under section
26822.2, subsection 1, paragraph “f”, the application shall be
27heard in, and before any judge of the court of the county
28in which the applicant is being confined. A record of the
29proceedings shall be made and preserved. All rules and
30statutes applicable in civil proceedings including pretrial
31and discovery procedures are available to the parties, subject
32to the restrictions contained in section 822.7A. The court
33may receive proof of affidavits, depositions, oral testimony,
34or other evidence, and may order the applicant brought before
35it for the hearing. If the court finds in favor of the
-13-1applicant, it shall enter an appropriate order with respect to
2the conviction or sentence in the former proceedings, and any
3supplementary orders as to rearraignment, retrial, custody,
4bail, discharge, correction of sentence, or other matters that
5may be necessary and proper. The court shall make specific
6findings of fact, and state expressly its conclusions of law,
7relating to each issue presented. This order is a final
8judgment.
9 Sec. 24. NEW SECTION. 822.7A Postconviction relief —
10discovery.
11This chapter is intended to provide a limited scope of
12discovery that is no broader than what is afforded to a
13defendant in a criminal action. Notwithstanding any other
14statute, rule, or law, the following limitations on discovery
15and procedure shall apply to a claim for postconviction relief
16under this chapter.
171. An applicant may conduct discovery only by order of the
18court to be granted upon a showing that the information sought
19is reasonably calculated to lead to the discovery of admissible
20evidence to support or defeat a claim that is adequately
21pled in the application and, if taken as true, constitutes a
22colorable claim for relief.
232. An applicant shall not be permitted to depose or
24otherwise conduct discovery upon the victim, as defined in
25section 915.10, of the underlying public offense, unless the
26applicant proves all of the following by clear and convincing
27evidence:
28a. The evidence is necessary to prove the applicant is
29actually innocent of the underlying public offense and all
30lesser-included offenses.
31b. The information is not available from any other source.
32c. Contact with a victim is minimized by limitations on
33the method of discovery including in camera review, remote
34testimony, or allowing a victim to provide a written statement
35in lieu of testimony.
-14- 13. The privileges contained in section 622.10 shall be
2absolute, except that the filing of an application shall waive
3any privilege an applicant may claim regarding an attorney who
4represented the applicant in the underlying criminal action or
5any previous postconviction action.
64. Evidence that would be excluded in a criminal action
7pursuant to rule of evidence 5.412 shall not be discoverable or
8admissible in a postconviction action.
95. The state shall not be required to produce copies of
10discovery that was previously disclosed to an applicant in the
11underlying criminal action or a previous postconviction relief
12action or which the applicant was in possession of in the
13underlying criminal action or a previous postconviction action.
146. The state shall not be required to produce any discovery
15contained in a court file accessible to the applicant.
167. The state shall not be required to produce any discovery
17that cannot be lawfully disseminated or that is otherwise
18confidential by law.
198. An applicant shall not be permitted to conduct discovery
20or seek the appointment of an expert witness through ex parte
21communication or in camera review.
229. Depositions shall only be permitted upon a showing of
23exceptional circumstances, except that the applicant’s criminal
24trial counsel may be deposed by the respondent upon request or
25by the applicant pursuant to subsection 1 and a victim may only
26be deposed pursuant to subsection 2.
27DIVISION X
28Required reports to the general assembly
29 Sec. 25. NEW SECTION. 602.6204 Reporting requirement.
30The state court administrator shall submit to the governor
31and to the general assembly, not later than December 15 each
32year, an annual report which shall include, for the violent and
33sexual criminal offenses listed in section 902.12, all of the
34following:
351. The number of deferred judgments, deferred sentences,
-15-1and suspended sentences the court entered, including the
2criminal offenses involved, during the previous year.
32. The number of defendants who received deferred
4judgments, deferred sentences, and suspended sentences during
5the previous year.
63. The number of cases where the court pronounced judgment
7and imposed sentence after a defendant failed to comply with
8the conditions set by the court for a deferred judgment or
9deferred sentence.
104. The number of cases where the court revoked a suspended
11sentence after a defendant failed to comply with conditions set
12by the court.
135. The types of violations by a defendant of the conditions
14imposed by the court that resulted in the court pronouncing
15judgment and imposing sentence or revoking a suspended sentence
16of a defendant. The report shall include information on
17whether the violations were technical violations, due to the
18commission of a new crime, or due to any other reason.
19 Sec. 26. NEW SECTION. 904.103A Recidivism — annual report.
201. The department, in cooperation with the board of parole,
21shall submit to the governor and to the general assembly, not
22later than December 15 each year, an annual report detailing
23the recidivism rate in the state specifically for the violent
24and sexual criminal offenses contained in section 902.12.
252. The report shall include, at a minimum, all of the
26following:
27a. The rate of recidivism, including the percentage and
28number of offenders who committed another crime within three
29years of being released from the custody of the department.
30b. The percentage and number of offenders paroled or placed
31on probation who violate the conditions of the offender’s
32release and are reincarcerated including information regarding
33offenders who were returned for technical violations, and those
34who were returned for the commission of a new crime.
35c. Whether there were victims involved in the crimes
-16-1committed while an offender was paroled or on probation,
2and whether any of the victims were previous victims of the
3offender.
4d. The types of offenses that caused the offender to be
5returned to the custody of the department.
6e. The type of release that preceded the offender’s return
7to the custody of the department.
8f. The number of hearings the board of parole held before
9the release of an offender who subsequently violated the
10conditions of release and who was subsequently returned to the
11custody of the department.
12DIVISION XI
13CONDITIONAL GUILTY PLEAS
14 Sec. 27. NEW SECTION. 814.30 Conditional guilty pleas not
15allowed.
16A conditional guilty plea that reserves the right to
17appellate review of an adverse determination of a specified
18pretrial motion shall not be allowed.
as/rh/mb
2a defendant’s privileged records in a criminal action,
3no-contact orders, penalties for domestic abuse assault,
4limitations on criminal actions involving certain sexual
5offenses, criminal sentencing and corrections, parole and
6work release, crime victim rights, discovery in criminal
7actions, postconviction relief procedure, certain reporting
8requirements, conditional guilty pleas, and making penalties
9applicable.
10BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1DIVISION I
2COMMUNICATIONS IN PROFESSIONAL CONFIDENCE — Criminal actions
3 Section 1. Section 622.10, subsection 4, paragraph a,
4subparagraph (2), Code 2022, is amended by adding the following
5new subparagraph division:
6 NEW SUBPARAGRAPH DIVISION. (e) For purposes of this
7subsection, “exculpatory information” means only information
8that tends to negate the guilt of the defendant, and not
9information that is merely impeaching or is substantially
10cumulative in nature.
11DIVISION II
12NO-CONTACT ORDERS
13 Sec. 2. Section 664A.8, Code 2022, is amended to read as
14follows:
15664A.8 Extension of no-contact order.
16Upon the filing of an application by the state or by the
17victim of any public offense referred to in section 664A.2,
18subsection 1 which is filed within ninety days prior to the
19expiration of a modified no-contact order, the The court shall
20modify and extend the no-contact order upon the expiration of
21the no-contact order for an additional period of five years,
22unless, upon the filing of an application by the defendant
23within ninety days prior to the expiration of a modified
24no-contact order, the court finds that the defendant no longer
25poses a threat to the safety of the victim, persons residing
26with the victim, or members of the victim’s family. The number
27of modifications extending the no-contact order permitted by
28this section is not limited.
29DIVISION III
30domestic abuse assault Penalties
31 Sec. 3. Section 708.2A, subsection 6, paragraph a, Code
322022, is amended by striking the paragraph.
33DIVISION IV
34limitation of criminal actions involving certain sexual
35offenses
-1-1 Sec. 4. Section 802.2B, Code 2022, is amended by adding the
2following new subsections:
3 NEW SUBSECTION. 5A. Continuous sexual abuse of a child in
4violation of section 709.23.
5 NEW SUBSECTION. 5B. Kidnapping in the first degree when the
6person kidnapped, and as a consequence of the kidnapping, is
7intentionally subjected to sexual abuse in violation of section
8710.2.
9 NEW SUBSECTION. 5C. Burglary in the first degree in
10violation of section 713.3, subsection 1, paragraph “d”.
11 Sec. 5. Section 802.2C, Code 2022, is amended to read as
12follows:
13802.2C Kidnapping.
14An information or indictment for kidnapping in the first,
15second, or third degree, except as provided in section 802.2B,
16 committed on or with a person who is under the age of eighteen
17years shall be found within ten years after the person upon
18whom the offense is committed attains eighteen years of age,
19or if the person against whom the information or indictment
20is sought is identified through the use of a DNA profile, an
21information or indictment shall be found within three years
22from the date the person is identified by the person’s DNA
23profile, whichever is later.
24DIVISION V
25Criminal sentencing and corrections
26 Sec. 6. Section 901.4B, subsection 2, Code 2022, is amended
27to read as follows:
282. After hearing any statements presented pursuant to
29subsection 1, and before imposing sentence, the court shall
30address any victim of the crime who is physically present at
31the sentencing and shall allow do all of the following:
32a. Ask any victim or representative of the victim whether
33the victim has been informed by the prosecuting attorney or the
34prosecuting attorney’s designee of the status of the case and
35of the prosecuting attorney’s recommendation for sentencing.
-2- 1b. Allowany victim to be reasonably heard, including but
2not limited to by presenting a victim impact statement in the
3manner described in section 915.21.
4 Sec. 7. Section 901.8, Code 2022, is amended to read as
5follows:
6901.8 Consecutive sentences.
71. If a person is sentenced for two or more separate
8offenses, the sentencing judge may order the second or further
9sentence to begin at the expiration of the first or succeeding
10sentence.
112. If a person is sentenced for escape under section 719.4
12or for a crime committed while confined in a detention facility
13or penal institution, the sentencing judge shall order the
14sentence to begin at the expiration of any existing sentence.
15If the person is presently in the custody of the director
16of the Iowa department of corrections, the sentence shall be
17served at the facility or institution in which the person
18is already confined unless the person is transferred by the
19director.
203. If a person is sentenced for two or more separate
21offenses contained in section 902.12, subsection 1, and one or
22more of the convictions is for an offense under chapter 709
23or chapter 710, the sentencing judge shall require that the
24sentences be served consecutively.
254. Except as otherwise provided in section 903A.7, if
26consecutive sentences are specified in the order of commitment,
27the several terms shall be construed as one continuous term of
28imprisonment.
29 Sec. 8. Section 901.11, subsections 2, 3, 4, and 5, Code
302022, are amended to read as follows:
312. At the time of sentencing, the court shall determine
32when a person convicted of child endangerment as described in
33section 902.12, subsection 2 3, shall first become eligible
34for parole or work release within the parameters specified
35in section 902.12, subsection 2 3, based upon all pertinent
-3-1information including the person’s criminal record, a validated
2risk assessment, and whether the offense involved multiple
3intentional acts or a series of intentional acts, or whether
4the offense involved torture or cruelty.
53. At the time of sentencing, the court shall determine when
6a person convicted of robbery in the first degree as described
7in section 902.12, subsection 3 4, shall first become eligible
8for parole or work release within the parameters specified
9in section 902.12, subsection 3 4, based upon all pertinent
10information including the person’s criminal record, a validated
11risk assessment, and the negative impact the offense has had
12on the victim or other persons.
134. At the time of sentencing, the court shall determine when
14a person convicted of robbery in the second degree as described
15in section 902.12, subsection 4 5, shall first become eligible
16for parole or work release within the parameters specified
17in section 902.12, subsection 4 5, based upon all pertinent
18information including the person’s criminal record, a validated
19risk assessment, and the negative impact the offense has had
20on the victim or other persons.
215. At the time of sentencing, the court shall determine when
22a person convicted of arson in the first degree as described
23in section 902.12, subsection 5 6, shall first become eligible
24for parole or work release within the parameters specified
25in section 902.12, subsection 5 6, based upon all pertinent
26information including the person’s criminal record, a validated
27risk assessment, and the negative impact the offense has had
28on the victim or other persons.
29 Sec. 9. NEW SECTION. 902.9A Minimum sentence — certain
30felonies.
31The minimum sentence for any person convicted of a felony
32contained in section 902.12, and who did not receive a deferred
33judgment or a deferred or suspended sentence under chapter 907,
34shall be that prescribed by statute or, if not prescribed by
35statute, shall be determined as follows:
-4- 11. A class “B” felon shall be confined for no less than one
2year.
32. A class “C” felon shall be confined for no less than two
4months.
53. A class “D” felon shall be confined for no less than one
6month.
7 Sec. 10. Section 902.12, Code 2022, is amended to read as
8follows:
9902.12 Minimum sentence for certain felonies — eligibility
10for parole or work release.
111. A person serving a sentence for conviction of any of
12the following felonies that occur on or after July 1, 2022, if
13other than a class “A” felony, shall be denied parole or work
14release unless the person has served at least nine-tenths of
15the maximum term of the person’s sentence:
16a. Homicide or a related crime in violation of chapter 707.
17b. Assault in violation of chapter 708.
18c. Terrorism in violation of chapter 708A.
19d. Sexual abuse in violation of chapter 709.
20e. Kidnapping or related offenses in violation of chapter
21710.
22f. Human trafficking in violation of chapter 710A, except
23for a violation of section 710A.2A.
24g. Robbery, aggravated theft, or extortion in violation of
25chapter 711.
26h. Arson in violation of chapter 712.
27i. Burglary in violation of chapter 713, except for a
28violation of section 713.7.
29j. Criminal gang participation or gang recruitment in
30violation of chapter 723A.
31k. Sexual exploitation of a minor in violation of section
32728.12.
331. 2. A person serving a sentence for conviction of any of
34 the following felonies, including a person serving a sentence
35for conviction of the following felonies that occur prior to
-5-1July 1, 2003 2022, shall be denied parole or work release
2unless the person has served at least seven-tenths of the
3maximum term of the person’s sentence:
4a. Murder in the second degree in violation of section
5707.3.
6b. Attempted murder in violation of section 707.11, except
7as provided in section 707.11, subsection 5.
8c. Sexual abuse in the second degree in violation of section
9709.3.
10d. Kidnapping in the second degree in violation of section
11710.3.
12e. Robbery in the second degree in violation of section
13711.3, except as determined in subsection 4 5.
14f. Vehicular homicide in violation of section 707.6A,
15subsection 1 or 2, if the person was also convicted under
16section 321.261, subsection 4, based on the same facts or
17event that resulted in the conviction under section 707.6A,
18subsection 1 or 2.
192. 3. A person serving a sentence for a conviction of
20child endangerment as defined in section 726.6, subsection
211, paragraph “b”, that is described and punishable under
22section 726.6, subsection 5, shall be denied parole or work
23release until the person has served between three-tenths and
24seven-tenths of the maximum term of the person’s sentence as
25determined under section 901.11, subsection 2.
263. 4. A person serving a sentence for a conviction for
27robbery in the first degree in violation of section 711.2 for
28a conviction that occurs on or after July 1, 2018 prior to
29July 1, 2022, shall be denied parole or work release until
30the person has served between one-half and seven-tenths of
31the maximum term of the person’s sentence as determined under
32section 901.11, subsection 3.
334. 5. A person serving a sentence for a conviction for
34robbery in the second degree in violation of section 711.3
35for a conviction that occurs on or after July 1, 2016 prior
-6-1to July 1, 2022, shall be denied parole or work release until
2the person has served between one-half and seven-tenths of
3the maximum term of the person’s sentence as determined under
4section 901.11, subsection 4.
55. 6. A person serving a sentence for a conviction for
6arson in the first degree in violation of section 712.2 that
7occurs on or after July 1, 2019 prior to July 1, 2022, shall
8be denied parole or work release until the person has served
9between one-half and seven-tenths of the maximum term of
10the person’s sentence as determined under section 901.11,
11subsection 5.
12 Sec. 11. Section 903A.2, subsection 1, paragraph c, Code
132022, is amended to read as follows:
14c. Category “C” sentences are those sentences for attempted
15murder described in section 707.11, subsection 5, and sentences
16for the offenses described in section 902.12, subsection 1.
17Notwithstanding paragraphs paragraph “a” or “b”, an inmate
18serving a category “C” sentence is ineligible for a reduction
19of sentence under this section.
20DIVISION VI
21parole and work release
22 Sec. 12. Section 906.4, subsection 1, Code 2022, is amended
23to read as follows:
241. A parole or work release shall be ordered only for
25the best interest of society, any victim of the person, and
26the offender person, not as an award of clemency. The board
27shall release on parole or work release any person whom it
28has the power to so release, only when in its opinion there
29is reasonable a significant probability that the person can
30be released without detriment to the community, any victim
31of the person, or to the person. A person’s release is not
32a detriment to the community, any victim of the person,
33 or the person if the person is able and willing to fulfill
34the obligations of a law-abiding citizen, in the board’s
35determination.
-7-1 Sec. 13. Section 906.5, subsection 1, paragraph a, Code
22022, is amended to read as follows:
3a. The board shall establish and implement a plan by which
4the board systematically reviews the status of each person who
5has been committed to the custody of the director of the Iowa
6department of corrections and considers the person’s prospects
7for parole or work release. The board shall, at least annually
8shall but no more frequently than every six months, review
9the status of a person other than a class “A” felon, a class
10“B” felon serving a sentence of more than twenty-five years,
11or a felon serving an offense punishable under section 902.9,
12subsection 1, paragraph “a”, or a felon serving a mandatory
13minimum sentence other than a class “A” felon, and provide
14the person with notice of the board’s parole or work release
15decision.
16 Sec. 14. Section 906.5, subsection 1, Code 2022, is amended
17by adding the following new paragraph:
18 NEW PARAGRAPH. c. The board shall require that all parole
19hearings be recorded and maintained as public records under
20chapter 22 for a minimum of three years from the date of the
21hearing or the most recent release of an inmate on parole.
22 Sec. 15. Section 906.5, subsection 2, Code 2022, is amended
23to read as follows:
242. It is the intent of the general assembly that the board
25shall implement a plan of early release in an effort to assist
26in controlling the prison population and assuring prison
27space for the confinement of offenders whose release would be
28detrimental to the citizens of this state to ensure that parole
29or work release is only ordered when in the best interest of
30society, any victim of the person, and the person. The board
31shall report to the legislative services agency on a monthly
32basis concerning the implementation of this plan and the number
33of inmates paroled pursuant to this plan and the average length
34of stay of those paroled.
35DIVISION VII
-8-1Crime victims — rights
2 Sec. 16. Section 915.11, subsection 1, Code 2022, is amended
3to read as follows:
41. a. A local police department or county sheriff’s
5department shall advise a victim of the right to
6register with the county attorney, and shall provide a
7request-for-registration form to each victim. A local police
8department or county sheriff’s department shall provide a
9telephone number and internet site to each victim to register
10with the automated victim notification system established
11pursuant to section 915.10A.
12b. A local police department or county sheriff’s department
13shall provide a victim with a pamphlet explaining the victim’s
14rights as a victim of a public offense or delinquent act.
15 Sec. 17. Section 915.20, Code 2022, is amended by adding the
16following new subsection:
17 NEW SUBSECTION. 1A. A local police department or county
18sheriff’s department shall provide to the crime victim
19assistance division of the department of justice with the
20contact information for a victim of a public offense or
21delinquent act. A victim counselor shall contact a victim to
22determine whether the victim is in need of further assistance
23from the victim counselor or whether the victim has any
24questions regarding the person’s rights as a victim.
25 Sec. 18. Section 915.38, Code 2022, is amended by adding the
26following new subsection:
27 NEW SUBSECTION. 3A. a. It is the public policy of the
28state that statements made by children to forensic interviewers
29at child advocacy centers and child protection centers are
30presumptively reliable and should be admitted into evidence in
31the courts.
32b. Notwithstanding any other provision of law, the court
33shall upon motion of a party admit a recorded statement of a
34child as defined in section 702.5, if all of the following
35apply:
-9- 1(1) The recorded statement describes conduct that
2constitutes a public offense committed against or involving a
3child, or describes circumstances relevant to such conduct.
4(2) The recorded statement was obtained by a forensic
5interviewer employed by an accredited child advocacy center or
6child protection center.
7(3) The interview was conducted substantially in accordance
8with a nationally recognized protocol for interviewing
9children.
10(4) The recorded statement is offered in a criminal
11proceeding, the opposing party was given at least ten days’
12notice prior to the trial commencing of the intention to admit
13the recorded statement, and any of the following apply:
14(a) The child testifies at trial.
15(b) The child has been questioned by the defendant or the
16defendant’s attorney at a deposition or at any substantially
17similar setting.
18(c) The child is unavailable as a witness as provided in
19rule of evidence 5.804(a).
20(d) The court finds by a preponderance of the evidence that
21the child would suffer significant emotional or psychological
22trauma from testifying in the personal presence of the
23defendant at the time of the criminal proceeding.
24c. A court may deny the admission of a recorded statement
25under this section only if the party opposing the admission
26proves by clear and convincing evidence that the recorded
27statement is unreliable.
28d. Portions of a recorded interview admitted pursuant to
29this section may be redacted under the following circumstances:
30(1) By agreement of the parties.
31(2) By order of the court, if the court finds by a
32preponderance of the evidence that redaction is necessary to
33either:
34(a) Minimize embarrassment or trauma to the child.
35(b) Effectuate a provision of the rules of evidence other
-10-1than the rules against hearsay.
2 Sec. 19. NEW SECTION. 915.44A Limitation of evidence in
3sexual abuse cases.
4A defendant charged with a criminal offense under chapter
5709 who has filed an application for postconviction relief
6upon conviction for a criminal offense under chapter 709 shall
7be precluded from questioning any victim or any other person
8regarding evidence which is inadmissible under rule of evidence
95.412 or any other successor provision. Prohibited evidence
10includes all of the following:
111. Reputation or opinion evidence of a victim offered to
12prove that a victim engaged in other sexual behavior.
132. Evidence of a victim’s other sexual behavior other than
14reputation or opinion evidence.
153. Evidence of a victim’s sexual predisposition.
16 Sec. 20. COMMISSION ON CONTINUING LEGAL EDUCATION —
17CONTINUING LEGAL EDUCATION REQUIREMENTS. The supreme court
18shall amend Iowa court rule 42.2 to require all attorneys
19licensed in this state to complete a minimum of one hour,
20annually, of continuing legal education that focuses on crime
21victims and how to improve a crime victim’s experience within
22the criminal justice system.
23DIVISION VIII
24Discovery
25 Sec. 21. NEW SECTION. 821A.1 Subpoenas in criminal actions.
261. A criminal defendant or counsel acting on the defendant’s
27behalf shall not issue any subpoena for documents or other
28evidence except upon application to the court. Such an
29application shall not be granted unless a defendant proves by a
30preponderance of the evidence all of the following:
31a. The evidence is material and necessary to prepare a
32defense.
33b. The defendant has made reasonable efforts to obtain the
34evidence without invoking compulsory process.
35c. The evidence is not available from any other source.
-11- 1d. For evidence that is obtainable by the state only through
2the execution of a search warrant, the defendant must show
3probable cause that the information sought contains exculpatory
4information that is not available from any other source and
5that there is a compelling need for the evidence to enable the
6defendant to present a defense at trial.
72. This section is the exclusive mechanism for a criminal
8defendant or counsel acting on the defendant’s behalf to issue
9a subpoena for documents or other evidence.
103. An application made pursuant to this section shall not
11be filed ex parte.
124. This section shall not apply to a subpoena issued solely
13to secure the presence of a witness listed in the minutes of
14testimony at an authorized deposition or to secure the presence
15of a witness listed in either the minutes of testimony or in
16the defendant’s witness list submitted for a hearing or trial.
175. The prosecuting attorney shall not be required to execute
18or effectuate any order or subpoena issued pursuant to this
19section.
206. If any documents or evidence are obtained pursuant to
21this section, the criminal defendant or counsel acting on the
22defendant’s behalf must notify the prosecuting attorney within
23twenty-four hours of obtaining the documents or evidence. The
24documents or evidence received, or copies of the same, must be
25provided to the prosecuting attorney as soon as possible.
267. Evidence or documents obtained by a subpoena that does
27not comply with this section shall not be admissible in any
28criminal action if offered by the defendant.
298. Any person who knowingly issues a subpoena that does not
30comply with this section may be declared in contempt of court.
319. Nothing in this section shall eliminate or reduce a
32criminal defendant’s obligation to comply with section 622.10,
33subsection 4, when seeking privileged records.
3410. Any provision of law or rule of court promulgated by the
35supreme court that is inconsistent with this section shall have
-12-1no legal effect.
2 Sec. 22. NEW SECTION. 821A.2 Discovery depositions in
3criminal actions — witness lists.
41. Discovery depositions shall not be permitted in any
5criminal action, except upon application to the court and a
6showing of exceptional circumstances.
72. A criminal defendant must file a witness list when the
8defendant requests or receives any discretionary discovery, the
9date when any deposition is taken, or ten days before trial,
10whichever date is earliest. If the defendant fails to timely
11list a witness, the court shall prohibit the witness from
12testifying at trial absent good cause shown for the defendant’s
13failure to timely list the witness.
143. A person who is not yet a party to a criminal action
15shall not be permitted to depose another person until the time
16the person who is not yet a party to the criminal action is
17charged with or indicted for the associated criminal offense.
18DIVISION IX
19Postconviction relief and discovery procedure
20 Sec. 23. Section 822.7, Code 2022, is amended to read as
21follows:
22822.7 Court to hear application.
23The application shall be heard in, and before any judge
24of the court in which the conviction or sentence took place.
25However, if the applicant is seeking relief under section
26822.2, subsection 1, paragraph “f”, the application shall be
27heard in, and before any judge of the court of the county
28in which the applicant is being confined. A record of the
29proceedings shall be made and preserved. All rules and
30statutes applicable in civil proceedings including pretrial
31and discovery procedures are available to the parties, subject
32to the restrictions contained in section 822.7A. The court
33may receive proof of affidavits, depositions, oral testimony,
34or other evidence, and may order the applicant brought before
35it for the hearing. If the court finds in favor of the
-13-1applicant, it shall enter an appropriate order with respect to
2the conviction or sentence in the former proceedings, and any
3supplementary orders as to rearraignment, retrial, custody,
4bail, discharge, correction of sentence, or other matters that
5may be necessary and proper. The court shall make specific
6findings of fact, and state expressly its conclusions of law,
7relating to each issue presented. This order is a final
8judgment.
9 Sec. 24. NEW SECTION. 822.7A Postconviction relief —
10discovery.
11This chapter is intended to provide a limited scope of
12discovery that is no broader than what is afforded to a
13defendant in a criminal action. Notwithstanding any other
14statute, rule, or law, the following limitations on discovery
15and procedure shall apply to a claim for postconviction relief
16under this chapter.
171. An applicant may conduct discovery only by order of the
18court to be granted upon a showing that the information sought
19is reasonably calculated to lead to the discovery of admissible
20evidence to support or defeat a claim that is adequately
21pled in the application and, if taken as true, constitutes a
22colorable claim for relief.
232. An applicant shall not be permitted to depose or
24otherwise conduct discovery upon the victim, as defined in
25section 915.10, of the underlying public offense, unless the
26applicant proves all of the following by clear and convincing
27evidence:
28a. The evidence is necessary to prove the applicant is
29actually innocent of the underlying public offense and all
30lesser-included offenses.
31b. The information is not available from any other source.
32c. Contact with a victim is minimized by limitations on
33the method of discovery including in camera review, remote
34testimony, or allowing a victim to provide a written statement
35in lieu of testimony.
-14- 13. The privileges contained in section 622.10 shall be
2absolute, except that the filing of an application shall waive
3any privilege an applicant may claim regarding an attorney who
4represented the applicant in the underlying criminal action or
5any previous postconviction action.
64. Evidence that would be excluded in a criminal action
7pursuant to rule of evidence 5.412 shall not be discoverable or
8admissible in a postconviction action.
95. The state shall not be required to produce copies of
10discovery that was previously disclosed to an applicant in the
11underlying criminal action or a previous postconviction relief
12action or which the applicant was in possession of in the
13underlying criminal action or a previous postconviction action.
146. The state shall not be required to produce any discovery
15contained in a court file accessible to the applicant.
167. The state shall not be required to produce any discovery
17that cannot be lawfully disseminated or that is otherwise
18confidential by law.
198. An applicant shall not be permitted to conduct discovery
20or seek the appointment of an expert witness through ex parte
21communication or in camera review.
229. Depositions shall only be permitted upon a showing of
23exceptional circumstances, except that the applicant’s criminal
24trial counsel may be deposed by the respondent upon request or
25by the applicant pursuant to subsection 1 and a victim may only
26be deposed pursuant to subsection 2.
27DIVISION X
28Required reports to the general assembly
29 Sec. 25. NEW SECTION. 602.6204 Reporting requirement.
30The state court administrator shall submit to the governor
31and to the general assembly, not later than December 15 each
32year, an annual report which shall include, for the violent and
33sexual criminal offenses listed in section 902.12, all of the
34following:
351. The number of deferred judgments, deferred sentences,
-15-1and suspended sentences the court entered, including the
2criminal offenses involved, during the previous year.
32. The number of defendants who received deferred
4judgments, deferred sentences, and suspended sentences during
5the previous year.
63. The number of cases where the court pronounced judgment
7and imposed sentence after a defendant failed to comply with
8the conditions set by the court for a deferred judgment or
9deferred sentence.
104. The number of cases where the court revoked a suspended
11sentence after a defendant failed to comply with conditions set
12by the court.
135. The types of violations by a defendant of the conditions
14imposed by the court that resulted in the court pronouncing
15judgment and imposing sentence or revoking a suspended sentence
16of a defendant. The report shall include information on
17whether the violations were technical violations, due to the
18commission of a new crime, or due to any other reason.
19 Sec. 26. NEW SECTION. 904.103A Recidivism — annual report.
201. The department, in cooperation with the board of parole,
21shall submit to the governor and to the general assembly, not
22later than December 15 each year, an annual report detailing
23the recidivism rate in the state specifically for the violent
24and sexual criminal offenses contained in section 902.12.
252. The report shall include, at a minimum, all of the
26following:
27a. The rate of recidivism, including the percentage and
28number of offenders who committed another crime within three
29years of being released from the custody of the department.
30b. The percentage and number of offenders paroled or placed
31on probation who violate the conditions of the offender’s
32release and are reincarcerated including information regarding
33offenders who were returned for technical violations, and those
34who were returned for the commission of a new crime.
35c. Whether there were victims involved in the crimes
-16-1committed while an offender was paroled or on probation,
2and whether any of the victims were previous victims of the
3offender.
4d. The types of offenses that caused the offender to be
5returned to the custody of the department.
6e. The type of release that preceded the offender’s return
7to the custody of the department.
8f. The number of hearings the board of parole held before
9the release of an offender who subsequently violated the
10conditions of release and who was subsequently returned to the
11custody of the department.
12DIVISION XI
13CONDITIONAL GUILTY PLEAS
14 Sec. 27. NEW SECTION. 814.30 Conditional guilty pleas not
15allowed.
16A conditional guilty plea that reserves the right to
17appellate review of an adverse determination of a specified
18pretrial motion shall not be allowed.
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