Tough talk won’t make Iowans safer

The Iowa House Judiciary Committee’s so-called “tough on crime” legislation would create Iowa’s own version of a “three strike” system. The bill, House File 2542, would impose mandatory 20-year sentences for offenders who have multiple convictions for misdemeanors as well as felonies.

Under HF2542, offenders would accrue points. An offender accruing three points would serve a mandatory 20-year prison sentence with no possibility of parole or work release. If HF2542 becomes law, someone who commits child sexual abuse or attempted murder would be released before someone with multiple convictions for possession of marijuana or driving while barred. Mandatory schemes like this crowd prisons with lower-risk offenders while limiting space and resources for those who present the greatest risk to public safety. This is neither tough, nor smart.

Prison sentences of 10 years or more should be reserved for those who commit the most serious crimes or for those who show a long-term disregard for the others’ safety. HF2542 does nothing to curb crime. It will only burden our courts, and our budget.

Iowa’s prison system is currently 21% over capacity. According to a 2025 State Auditor’s report, the annual cost to house an inmate in Iowa ranges from $26,160 to $69,259 annually. HF2542 would increase the prison population to a crisis point, forcing taxpayers to foot the bill for new prisons.

Our probation/parole system is not adequately funded. In Johnson County, our pretrial mental health diversion program was eliminated because the Department of Corrections (DOC) lost the funding. Our community correctional residential facilities are meant to focus on helping people navigate the transition back into the community and the workforce, but are now frequently being used to house offenders who are unable to work due to disability and mental health diagnoses.

Because of low pay and lack of support, fewer attorneys are willing to serve as judges, prosecutors, and defense attorneys. There are fewer court reporters available. Not having defense attorneys or court reporters available means cases get delayed or sometimes even dismissed.

Iowa’s criminal justice system and its budget cannot withstand the impact and expense of HF2542. There is little credible evidence that dramatically increasing sentence length produces meaningful gains in public safety.

What has been shown to deter crime more than severity of sentencing is swiftness and certainty in the system. Being tough on crime means adequately funding courts, public defenders, prosecutors, police and probation officers.

If policymakers truly care about making Iowa safer, they should focus on investing in the justice system, rehabilitative and treatment services that reduce crime and recidivism. They should prioritize funding robust community infrastructure including well-trained law enforcement, comprehensive reentry programs, as well as public education and social services.

In 2023, the bipartisan Council on Criminal Justice issued a report with fourteen recommendations to take into account when considering increasing sentences. (https://counciloncj.org/long-sentences). I urge every legislator to read this comprehensive report.

Sounding tough is easy, but being “tough on crime” requires more than a catchy headline. Please contact your legislators and urge them to oppose this uninformed and potentially budget-busting legislation.

Rachel Zimmermann Smith is Johnson County Attorney.