Bill Text: IA HF2436 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act requesting the establishment of an interim study committee relating to the use of intermediate criminal sanctions and probation revocations. (Formerly HF 2294.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2018-03-15 - Subcommittee recommends passage. [HF2436 Detail]
Download: Iowa-2017-HF2436-Introduced.html
House File 2436 - Introduced HOUSE FILE BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 2294) A BILL FOR 1 An Act requesting the establishment of an interim study 2 committee relating to the use of intermediate criminal 3 sanctions and probation revocations. 4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5826HV (3) 87 jm/rh PAG LIN 1 1 Section 1. INTERMEDIATE SANCTIONS AND PROBATION REVOCATIONS 1 2 INTERIM STUDY. 1 3 1. As used in this section, unless the context otherwise 1 4 provides: 1 5 a. "District department" means a judicial district 1 6 department of correctional services, established as required 1 7 by section 905.2. 1 8 b. "Intermediate criminal sanctions" means a set 1 9 of integrated intervention strategies used to enhance 1 10 accountability for persons on probation. The term implies that 1 11 the penalties for delinquent activity should move from limited 1 12 interventions to more restrictive penalties corresponding to 1 13 the severity and nature of the violation or crime committed by 1 14 a person on probation. 1 15 c. "Probation revocation" means a violation of the rules or 1 16 conditions set forth in a probation order such that probation 1 17 conditions are reconsidered to include additional probation 1 18 time, imposition of additional fines, fees, or conditions, and 1 19 the potential for additional incarceration. 1 20 d. "Technical violation" means a violation of a condition of 1 21 probation that is not a new offense. 1 22 2. The legislative council is requested to establish an 1 23 interim study committee to study and report on the use of 1 24 probation revocations and intermediate criminal sanctions. The 1 25 study committee shall provide a summary and an analysis of all 1 26 of the following: the use of intermediate criminal sanctions 1 27 by each district department; the use of intermediate criminal 1 28 sanctions for technical and serious probation violations by 1 29 each district department; the use of probation revocations 1 30 in order to identify the causes of such revocations; serious 1 31 probation violations and new crimes committed by persons on 1 32 probation; admissions to the Iowa department of corrections by 1 33 type of probation revocation; and costs associated with the 1 34 community=based correctional system. The study committee shall 1 35 consider recent updates and changes to the use of intermediate 2 1 criminal sanctions for the previous fiscal year as well as 2 2 any planned changes to the use of intermediate sanctions. 2 3 The study committee shall also compare differences among the 2 4 judicial districts regarding the use of intermediate criminal 2 5 sanctions and probation revocations. The study committee 2 6 shall include recommendations relevant to the future use of 2 7 intermediate sanctions and policies surrounding technical and 2 8 serious violations with the goal of reducing recidivism and 2 9 admissions to prison for probation revocations, and increasing 2 10 transparency and accountability. The study committee shall be 2 11 composed of relevant legislative committee chairs or designees, 2 12 officials from the department of corrections, district judges, 2 13 relevant criminal justice stakeholders, and any other person 2 14 tasked with managing the policies of district departments. 2 15 Appointments to the committee shall be made no later than 2 16 August 1, 2018. Staffing for the committee shall be provided 2 17 by the legislative services agency. The study committee shall 2 18 submit a report of its findings and recommendations, including 2 19 any proposed legislation to the general assembly on or before 2 20 December 1, 2018. 2 21 EXPLANATION 2 22 The inclusion of this explanation does not constitute agreement with 2 23 the explanation's substance by the members of the general assembly. 2 24 This bill requests the legislative council to establish an 2 25 interim study committee relating to the use of intermediate 2 26 criminal sanctions and probation revocations. 2 27 The bill defines "district department" to mean a judicial 2 28 district department of correctional services, established as 2 29 required by Code section 905.2. 2 30 The bill defines "intermediate criminal sanctions" to mean 2 31 a set of integrated intervention strategies used to enhance 2 32 accountability for persons on probation. The term implies that 2 33 the penalties for delinquent activity should move from limited 2 34 interventions to more restrictive penalties corresponding to 2 35 the severity and nature of the violation or crime committed by 3 1 a person on probation. 3 2 The bill defines "technical violation" to mean a violation 3 3 of a condition of probation that is not a new offense. 3 4 The legislative council is requested by the bill to 3 5 establish an interim study committee to study and report on 3 6 the use of probation revocations and intermediate criminal 3 7 sanctions. The bill requires the study committee to provide 3 8 a summary and an analysis of all of the following: the use of 3 9 intermediate criminal sanctions by each district department; 3 10 the use of intermediate criminal sanctions for technical and 3 11 serious probation violations by each district department; the 3 12 use of probation revocations in order to identify the causes 3 13 of such revocations; serious probation violations and new 3 14 crimes committed by persons on probation; admissions to the 3 15 Iowa department of corrections by type of probation revocation; 3 16 and costs associated with the community=based correctional 3 17 system. The study committee shall consider recent updates and 3 18 changes to the use of intermediate criminal sanctions for the 3 19 previous fiscal year as well as any planned changes to the use 3 20 of intermediate criminal sanctions. The study committee shall 3 21 also compare differences among the judicial districts regarding 3 22 the use of intermediate criminal sanctions and probation 3 23 revocations. The bill requires the study committee to include 3 24 recommendations relevant to the future use of intermediate 3 25 criminal sanctions and policies surrounding technical and 3 26 serious violations with the goal of reducing recidivism 3 27 and admissions to prison for probation revocations, and 3 28 increasing transparency and accountability. The bill requires 3 29 the study committee to be composed of relevant legislative 3 30 committee chairs or designees, officials from the department 3 31 of corrections, district judges, relevant criminal justice 3 32 stakeholders, and any other person tasked with managing the 3 33 policies of district departments. 3 34 Under the bill, appointments to the committee shall be 3 35 made no later than August 1, 2018. The study committee shall 4 1 submit a report of its findings and recommendations, including 4 2 any proposed legislation to the general assembly on or before 4 3 December 1, 2018. LSB 5826HV (3) 87 jm/rh
