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Senate File 2009

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 901.10, Code 1995, is amended to read
  1  2 as follows:
  1  3    901.10  IMPOSITION OF MANDATORY MINIMUM SENTENCES.
  1  4    1.  A court sentencing a person for an act prohibited under
  1  5 section 124.406 or sections 124.401 and 124.413 may, at its
  1  6 discretion, waive the mandatory minimum term of confinement if
  1  7 the person was not using or in control of a firearm and did
  1  8 not commit an assault as defined under section 708.1 while
  1  9 participating in the prohibited act, if mitigating
  1 10 circumstances exist, and if the mitigating circumstances are
  1 11 stated specifically in the record.  However, the state may
  1 12 appeal the discretionary decision on the grounds that the
  1 13 stated mitigating circumstances do not warrant a reduction of
  1 14 the sentence.
  1 15    2.  A court sentencing a person for the person's first
  1 16 conviction under section 124.406, 124.413, or 902.7 may, at
  1 17 its discretion, sentence the person to a mandatory minimum
  1 18 term which is less than the mandatory minimum term which is
  1 19 provided by the statute if mitigating circumstances exist and
  1 20 those circumstances are stated specifically in the record.
  1 21 However, the state may appeal the discretionary decision on
  1 22 the grounds that the stated mitigating circumstances do not
  1 23 warrant a reduction of the sentence.
  1 24    Sec. 2.  Section 902.11, unnumbered paragraph 1, Code 1995,
  1 25 is amended to read as follows:
  1 26    A person serving a sentence for conviction of a felony,
  1 27 other than a forcible felony, who has a criminal record of one
  1 28 or more prior convictions for a forcible felony or a crime of
  1 29 a similar gravity in this or any other state, shall be denied
  1 30 parole or work release unless the person has served at least
  1 31 one-half of the maximum term of the defendant's sentence.
  1 32 However, the mandatory sentence provided for by this section
  1 33 does not apply if either of the following apply:
  1 34    Sec. 3.  Section 902.11, subsection 1, Code 1995, is
  1 35 amended to read as follows:
  2  1    1.  The sentence being served is for a felony other than a
  2  2 forcible felony and the sentences for the prior forcible
  2  3 felonies expired at least five years before the date of
  2  4 conviction for the present felony.
  2  5    Sec. 4.  NEW SECTION.  902.12  MINIMUM SENTENCE &endash; ELIGI-
  2  6 BILITY OF FORCIBLE FELONS FOR PAROLE OR WORK RELEASE.
  2  7    1.  A person serving a sentence for a conviction of a
  2  8 forcible felony who has a criminal record of one prior
  2  9 conviction for a forcible felony or a crime of similar gravity
  2 10 in this or any other state shall be denied parole or work
  2 11 release unless the person has served at least eighty-five
  2 12 percent of the maximum term of the person's sentence.
  2 13    2.  A person serving a sentence for a conviction of a
  2 14 forcible felony who has a criminal record of two or more prior
  2 15 convictions for a forcible felony or a crime of similar
  2 16 gravity in this or any other state shall serve one hundred
  2 17 percent of the maximum term of the person's sentence and shall
  2 18 not be released on parole or work release.
  2 19    Sec. 5.  Section 903A.2, unnumbered paragraph 1, Code 1995,
  2 20 is amended to read as follows:
  2 21    Each Unless an inmate is sentenced pursuant to section
  2 22 902.12, subsection 2, an inmate of an institution under the
  2 23 Iowa department of corrections, is eligible for a reduction of
  2 24 sentence of one day for each day of good conduct of the inmate
  2 25 while committed to one of the department's institutions.  In
  2 26 Unless an inmate is sentenced pursuant to section 902.12,
  2 27 subsection 2, in addition to the sentence reduction of one day
  2 28 for each day of good conduct, each inmate is eligible for an
  2 29 additional reduction of sentence of up to five days a month if
  2 30 the inmate participates satisfactorily in employment in the
  2 31 institution, in Iowa state industries, in an inmate employment
  2 32 program established by the director, in a treatment program
  2 33 established by the director, or in an inmate educational
  2 34 program approved by the director.  Inmates who are sentenced
  2 35 pursuant to section 902.12, subsection 2, are eligible for a
  3  1 reduction of sentence of up to one day per month for good
  3  2 conduct while committed to one of the department's
  3  3 institutions.  Reduction of sentence pursuant to this section
  3  4 may be subject to forfeiture pursuant to section 903A.3.
  3  5 Computation of good conduct time is subject to the following
  3  6 conditions:
  3  7    Sec. 6.  APPLICABILITY OF WAIVER TO CURRENT INMATES.  The
  3  8 board of parole shall identify inmates currently serving
  3  9 mandatory minimum sentences for an offense under section 1 of
  3 10 this Act that would have been eligible for waiver of the
  3 11 mandatory minimum term if the inmates had been sentenced on or
  3 12 after the effective date of this Act.  For each inmate
  3 13 identified, the board of parole shall review the inmate's
  3 14 record and the circumstances surrounding the inmate's
  3 15 conviction and make a determination as to whether the inmate's
  3 16 mandatory minimum term should be waived.  If the parole board
  3 17 determines that the inmate's mandatory minimum term of
  3 18 confinement should be waived, the inmate shall be immediately
  3 19 eligible for parole.
  3 20    Sec. 7.  INTERIM STUDY COMMITTEE.  The legislative council
  3 21 is requested to establish an interim committee to study
  3 22 currently available sentencing and incarceration options.  The
  3 23 study may include but shall not be limited to a review of
  3 24 available jail, community corrections, and prison beds; the
  3 25 potential impact of the use of split sentencing on jail,
  3 26 community corrections, and prison bed space; security needs
  3 27 and costs associated with the implementation of hard labor
  3 28 requirements for persons incarcerated in corrections
  3 29 institutions; and the nature and costs associated with other
  3 30 sentencing options.  In addition to legislative members, the
  3 31 membership of the interim committee shall include the
  3 32 following public members:
  3 33    1.  A representative from the board of parole.
  3 34    2.  A representative from the division of criminal and
  3 35 juvenile justice planning of the department of human rights.
  4  1    3.  A representative from an association of sheriffs and
  4  2 deputy sheriffs.
  4  3    4.  A representative from the department of corrections.
  4  4    5.  A representative from a county board of supervisors.
  4  5    The committee shall submit findings and any recommendations
  4  6 in a report to the general assembly by January 1, 1997.
  4  7    Sec. 8.  RISK ASSESSMENT STUDY.  The department of
  4  8 corrections, in consultation with the board of parole and the
  4  9 division of criminal and juvenile justice planning of the
  4 10 department of human rights, shall conduct a study of the
  4 11 various risk assessment tools currently used in the Iowa
  4 12 corrections system to determine the relative risk posed by a
  4 13 criminal offender and the prospects for the offender's
  4 14 rehabilitation, and make findings and recommendations
  4 15 regarding the implementation and use of a risk assessment tool
  4 16 during or as part of the presentence investigation process.
  4 17 In conducting the study, the department shall also consult
  4 18 with faculty members with expertise in risk assessment who are
  4 19 from Iowa institutions of higher education which offer degree
  4 20 programs in criminology.  The recommendations and any
  4 21 corresponding findings shall be submitted in a report to the
  4 22 general assembly by January 1, 1997.
  4 23    Sec. 9.  SPLIT-SENTENCING PILOT PROJECT.
  4 24    1.  The general assembly finds that the implementation of a
  4 25 split-sentencing pilot project within this state could serve
  4 26 as a test for a fair and flexible method of dispensing
  4 27 criminal justice which provides for an incremental approach to
  4 28 the imposition of aggravated misdemeanor and felony criminal
  4 29 sentences and may help to reduce the current prison
  4 30 overcrowding problems while protecting the public safety.  A
  4 31 split-sentencing pilot project is therefore established in a
  4 32 judicial district to be determined by the supreme court.  The
  4 33 judicial district shall be selected based on the availability
  4 34 of jail space within the judicial district, and whether the
  4 35 judicial district in consultation with the county board or
  5  1 boards of supervisors and the sheriff or sheriffs desires to
  5  2 participate in the project.  Notwithstanding any other
  5  3 contrary provision of law, subsection 2 of this section shall
  5  4 apply within and only within the judicial district which is
  5  5 selected to participate in this pilot project from the date of
  5  6 the enactment of this Act through June 30, 1997.
  5  7    2.  By record entry at the time of or after sentencing for
  5  8 an aggravated misdemeanor or a felony, other than a class "A"
  5  9 felony, the court may sentence the defendant to serve up to
  5 10 ninety days of the sentence in the county jail and suspend the
  5 11 balance of the term imposed.  If the person is ordered to
  5 12 serve up to ninety days in jail, the costs of the person's
  5 13 confinement shall be paid by the state at the rate negotiated
  5 14 by the department of corrections with the judicial district
  5 15 under section 904.908.  Payment shall be made by the
  5 16 department of revenue and finance upon submission of a voucher
  5 17 executed by the sheriff.  Persons serving time in a county
  5 18 jail under this subsection shall be committed to the custody
  5 19 of the director of the department of corrections and the
  5 20 department shall be responsible for all prisoner medical
  5 21 costs.  
  5 22                           EXPLANATION
  5 23    This bill provides that the court, when sentencing a person
  5 24 for certain drug offenses not involving a firearm or an
  5 25 assault, may waive an applicable mandatory minimum sentence if
  5 26 mitigating circumstances exist and are on record.  The waiver
  5 27 is appealable by the state.  The waiver may also be made
  5 28 retroactively applicable at the discretion of the parole
  5 29 board.
  5 30    The bill also provides that persons sentenced for a second
  5 31 forcible felony are to serve 85 percent of their sentence
  5 32 before they are eligible for parole or work release.  Persons
  5 33 sentenced for a third or subsequent forcible felony, under the
  5 34 bill, are to serve their entire sentence but are eligible for
  5 35 sentence reductions of up to 12 days per year for good
  6  1 behavior.  Persons confined in an institution under the
  6  2 control of the department of corrections are currently
  6  3 eligible for reductions of one day for each day of good
  6  4 behavior and an additional five days a month for participation
  6  5 in institutional employment, an employment program, or an
  6  6 educational or treatment program.
  6  7    The bill establishes a split-sentencing pilot project under
  6  8 which a court in the judicial district selected for the pilot
  6  9 project would be permitted to sentence a person convicted of a
  6 10 crime which is classified as an aggravated misdemeanor through
  6 11 a class "B" felony to up to 90 days in a county jail as part
  6 12 of the person's sentence and suspend the remaining term of
  6 13 confinement.  If a person is serving a sentence of confinement
  6 14 in a county jail, the person is committed to the custody of
  6 15 the director of the department of corrections and the costs of
  6 16 confinement in the jail and medical care will be paid by the
  6 17 state.
  6 18    The bill requests that the legislative council establish an
  6 19 interim committee to study currently available sentencing and
  6 20 incarceration options.  The committee is to include
  6 21 representatives of the board of parole, the division of
  6 22 criminal and juvenile justice planning, the sheriffs
  6 23 association, county boards of supervisors, and the department
  6 24 of corrections.
  6 25    The bill also directs the department of corrections to
  6 26 study the risk assessment tools currently used by the Iowa
  6 27 corrections system.  The department is to consult with persons
  6 28 with expertise in criminology, the division of criminal and
  6 29 juvenile justice planning, and the board of parole.  
  6 30 LSB 3053SS 76
  6 31 mk/jw/5