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House
File
2222
-
Introduced
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
1
certain
bailable
defendants.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2222
Section
1.
NEW
SECTION
.
811.2A
Conditions
of
release
——
1
assessment
of
risk.
2
1.
Prior
to
release,
a
court
may
require
a
bailable
3
defendant
charged
with
any
offense
involving
an
allegation
that
4
the
defendant’s
release
may
endanger
the
safety
of
another
5
person
to
submit
to
a
risk
assessment
in
addition
to
any
other
6
conditions
of
release
under
section
811.2.
7
2.
The
court
shall
have
discretion
whether
to
order
a
8
defendant
to
complete
a
risk
assessment.
If
a
defendant
is
9
ordered
to
complete
a
risk
assessment,
the
risk
assessment
10
shall
be
performed
by
a
judicial
district
department
of
11
correctional
services
using
a
validated
risk
assessment
12
developed
by
the
board
of
parole
and
approved
by
the
department
13
of
corrections.
The
court
shall
consider
the
risk
assessment
14
in
determining
the
appropriate
conditions
for
release.
In
15
determining
whether
to
release
a
defendant,
the
court
shall
16
determine
whether
sufficient
conditions
for
release
are
17
available
that
are
designed
to
reduce
the
risk
to
another
18
individual,
detect
threatening
or
criminal
behavior,
and
19
increase
the
safety
of
individuals
and
the
general
public,
and
20
balance
those
determinations
with
the
potential
risk
of
harm
21
if
the
defendant
is
released.
22
EXPLANATION
23
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
24
the
explanation’s
substance
by
the
members
of
the
general
assembly.
25
This
bill
allows
the
court
to
use
a
pretrial
risk
assessment
26
if
a
bailable
defendant
is
charged
with
any
offense
involving
27
an
allegation
that
the
defendant’s
release
may
endanger
the
28
safety
of
another
person.
If
the
court
determines
a
risk
29
assessment
should
be
performed,
a
judicial
district
department
30
of
correctional
services
will
perform
the
risk
assessment
using
31
a
validated
risk
assessment
developed
by
the
board
of
parole
32
and
approved
by
the
department
of
corrections.
The
court
shall
33
consider
the
results
of
the
risk
assessment,
along
with
other
34
factors,
in
determining
whether
to
release
the
defendant.
35
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