Simple misdemeanor offenders to not get jail time under proposed Iowa City Code amendment

IOWA CITY - A proposed amendment to Iowa City Code could remove the possibility jail time for offenders sentenced with a few simple misdemeanors.

However, the number of times such charges have actually resulted in jail time in Iowa City is once in the last two decades, meaning the overall impact on future offenders is expected to be minimal by city officials.

'There's only one occasion that I remember,” said Assistant City Attorney Eric Goers. 'It almost never happens.”

The Iowa City Council will vote Tuesday on the proposed amendment to city code - which follows an April 3 Iowa Supreme Court ruling that requires court appointed counsel for defendants in simple misdemeanors whenever the penalty includes possible jail time.

The proposed amendment will only apply to the city's unscheduled simple misdemeanors - the most common being disorderly house calls. It is in those cases, when a penalty is not specified in the city ordinance, that the penalty defaults to a section of Iowa Code that states the fine for a misdemeanor ranges from $65 to $625 and the court may order imprisonment not to exceed 30 days.

Scheduled misdemeanors, like speeding citations, under 21 ordinance charges or Possession of Alcohol Under the Legal Age - commonly referred to as PAULA - already have an established fine and would not be affected by the change.

Those facing simple misdemeanor charges can still be booked at the jail, depending on the circumstances surrounding the incident.

'People can still be arrested, officers can still arrest someone for an offense,” Goers clarified. 'Even on a scheduled fine, if someone refuses to sign their ticket for example, we have no choice but to arrest them so they can see a judge, that can still happen.”

Under the change, penalties for those sentenced for unscheduled simple misdemeanors would be limited to just a fine, but the penalty for indecent exposure will maintain the possibility of jail time.

However, the number of times in recent memory in which the city has actually pursued jail time for a non-scheduled offense is minimal at best.

'The City Attorney's Office can only recall one instance in over 20 years in which the City requested that a defendant be sentenced to jail and the offense was for indecent exposure in City Park,” the May 5 council agenda states.

With so few instances of city simple misdemeanors resulting in jail time, the proposed change will be a non-factor in the community's ongoing discussion on crowding issues at the Johnson County Jail.

'This will have no effect on that discussion whatsoever,” Goers said.

Gazette reporter Lee Hermiston contributed to this article.

l Comments: (319) 339-3175; mitchell.schmidt@thegazette.com