House File 2335

                                       HOUSE FILE       
                                       BY  FORD and BERRY


    Passed House,  Date               Passed Senate, Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act repealing the statute subjecting certain criminal
  2    sentences to a maximum accumulation of earned time of fifteen
  3    percent of the total sentence of confinement.
  4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  5 TLSB 6211YH 80
  6 jm/gg/14

PAG LIN

  1  1    Section 1.  Section 822.2, subsection 6, Code 2003, is
  1  2 amended to read as follows:
  1  3    6.  The person's reduction of sentence pursuant to sections
  1  4 903A.1 through 903A.7 903A.6 or section 903A.7, Code 2003, has
  1  5 been unlawfully forfeited and the person has exhausted the
  1  6 appeal procedure of section 903A.3, subsection 2; or
  1  7    Sec. 2.  Section 901.5B, Code Supplement 2003, is amended
  1  8 to read as follows:
  1  9    901.5B  REOPENING OF SENTENCE == SENTENCES SUBJECT TO
  1 10 MAXIMUM EARNED TIME ACCUMULATION OF FIFTEEN PERCENT.
  1 11    1.  A defendant serving a sentence under section 902.12,
  1 12 Code 2003, prior to July 1, 2003, or who is serving a sentence
  1 13 under section 902.12, Code Supplement 2003, prior to July 1,
  1 14 2004, who is sentenced by the court to the custody of the
  1 15 director of the department of corrections, may have the
  1 16 judgment and sentence reopened for resentencing if all of the
  1 17 following apply:
  1 18    a.  The county attorney from the county which prosecuted
  1 19 the defendant files a motion in the sentencing court to reopen
  1 20 the sentence of the defendant.  The county attorney shall
  1 21 notify the victim pursuant to section 915.13 of the filing of
  1 22 the motion.  The motion shall specify that the county attorney
  1 23 has informed the victim about the filing of the motion, and
  1 24 that the victim has thirty days from the date of the filing of
  1 25 the motion to file a written objection with the court.
  1 26    b.  No written objection is filed or if a written objection
  1 27 is filed, and upon hearing the court grants the motion.
  1 28    2.  Upon the court granting the motion to reopen the
  1 29 sentence, the court shall order that the defendant be eligible
  1 30 for consideration of parole or work release in the same manner
  1 31 as a defendant serving a sentence under section 902.12.
  1 32    3.  For purposes of calculating earned time under section
  1 33 903A.2, the sentencing date for a defendant whose sentence has
  1 34 been reopened under this section shall be the date of the
  1 35 original sentencing order.
  2  1    4.  The filing of a motion or reopening of a sentence under
  2  2 this section shall not constitute grounds to stay any other
  2  3 court proceedings, or to toll or restart the time for filing
  2  4 of any posttrial motion or any appeal.
  2  5    Sec. 3.  Section 901.8, Code 2003, is amended to read as
  2  6 follows:
  2  7    901.8  CONSECUTIVE SENTENCES.
  2  8    If a person is sentenced for two or more separate offenses,
  2  9 the sentencing judge may order the second or further sentence
  2 10 to begin at the expiration of the first or succeeding
  2 11 sentence.  If a person is sentenced for escape under section
  2 12 719.4 or for a crime committed while confined in a detention
  2 13 facility or penal institution, the sentencing judge shall
  2 14 order the sentence to begin at the expiration of any existing
  2 15 sentence.  If the person is presently in the custody of the
  2 16 director of the Iowa department of corrections, the sentence
  2 17 shall be served at the facility or institution in which the
  2 18 person is already confined unless the person is transferred by
  2 19 the director.  Except as otherwise provided in section 903A.7,
  2 20 Code 2003, if consecutive sentences are specified in the order
  2 21 of commitment, the several terms shall be construed as one
  2 22 continuous term of imprisonment.
  2 23    Sec. 4.  Section 903A.2, subsection 1, Code Supplement
  2 24 2003, is amended to read as follows:
  2 25    1.  Each inmate committed to the custody of the director of
  2 26 the department of corrections is eligible to earn a reduction
  2 27 of sentence in the manner provided in this section.  For
  2 28 purposes of calculating the amount of time by which an
  2 29 inmate's sentence may be reduced, inmates shall be grouped
  2 30 into the following two sentencing categories:
  2 31    a.  Category "A" sentences are those sentences which are
  2 32 not subject to a maximum accumulation of earned time of
  2 33 fifteen percent of the total sentence of confinement under
  2 34 section 902.12.  To the extent provided in subsection 5,
  2 35 category "A" sentences also include life sentences imposed
  3  1 under section 902.1.  An inmate of an institution under the
  3  2 control of the department of corrections who is serving a
  3  3 category "A" sentence is eligible for a reduction of sentence
  3  4 equal to one and two=tenths days for each day the inmate
  3  5 demonstrates good conduct and satisfactorily participates in
  3  6 any program or placement status identified by the director to
  3  7 earn the reduction.  The programs include but are not limited
  3  8 to the following:
  3  9    (1)  Employment in the institution.
  3 10    (2)  Iowa state industries.
  3 11    (3)  An employment program established by the director.
  3 12    (4)  A treatment program established by the director.
  3 13    (5)  An inmate educational program approved by the
  3 14 director.
  3 15    b.  An inmate serving a category "A" sentence is also
  3 16 eligible for an additional reduction of sentence of up to
  3 17 three hundred sixty=five days of the full term of the sentence
  3 18 of the inmate for exemplary acts.  In accordance with section
  3 19 903A.4, the director shall by policy identify what constitutes
  3 20 an exemplary act that may warrant an additional reduction of
  3 21 sentence.
  3 22    b.  Category "B" sentences are those sentences which are
  3 23 subject to a maximum accumulation of earned time of fifteen
  3 24 percent of the total sentence of confinement under section
  3 25 902.12.  An inmate of an institution under the control of the
  3 26 department of corrections who is serving a category "B"
  3 27 sentence is eligible for a reduction of sentence equal to
  3 28 fifteen eighty=fifths of a day for each day of good conduct by
  3 29 the inmate.
  3 30    Sec. 5.  Section 905.6, subsection 9, Code Supplement 2003,
  3 31 is amended to read as follows:
  3 32    9.  Notify the board of parole, thirty days prior to
  3 33 release, of the release from a residential facility operated
  3 34 by the district department of a person serving a sentence
  3 35 under section 902.12, Code 2003 or Code Supplement 2003.
  4  1    Sec. 6.  Section 905.11, Code Supplement 2003, is amended
  4  2 to read as follows:
  4  3    905.11  RESIDENTIAL FACILITY RESIDENCY == MINIMUM.
  4  4    A person who is serving a sentence under section 902.12,
  4  5 Code 2003 or Code Supplement 2003, the maximum term of which
  4  6 exceeds ten years, and who is released on parole or work
  4  7 release shall reside in a residential facility operated by the
  4  8 district department for a period of not less than one year.
  4  9    Sec. 7.  Section 906.4, unnumbered paragraph 2, Code
  4 10 Supplement 2003, is amended to read as follows:
  4 11    A person on parole or work release who is serving a
  4 12 sentence under section 902.12, Code 2003 or Code Supplement
  4 13 2003, shall begin parole or work release in a residential
  4 14 facility operated by a judicial district department of
  4 15 correctional services.
  4 16    Sec. 8.  Section 902.12, Code Supplement 2003, is repealed.
  4 17    Sec. 9.  Section 903A.7, Code 2003, is repealed.
  4 18                           EXPLANATION
  4 19    This bill repeals the statute subjecting certain criminal
  4 20 sentences to a maximum accumulation of earned time of 15
  4 21 percent of the total sentence of confinement, otherwise known
  4 22 as an 85 percent sentence.
  4 23    The bill provides that an offender sentenced for a criminal
  4 24 offense listed in Code section 902.12 no longer serves an 85
  4 25 percent sentence.  An offender, sentenced for an offense
  4 26 previously subject to an 85 percent sentence, serves a
  4 27 sentence that is subject to the same parole eligibility
  4 28 requirements and earned time calculations as other offenders.
  4 29 An offender serving a sentence previously subject to an 85
  4 30 percent sentence may now receive a reduction of sentence equal
  4 31 to one and two=tenths days of a day for each day of good
  4 32 conduct by the inmate and is parole=eligible.  Current law
  4 33 provides that a person serving an 85 percent sentence for an
  4 34 offense listed in Code section 902.12 is only eligible for a
  4 35 reduction of sentence equal to fifteen eighty=fifths of a day
  5  1 for each day of good conduct by the inmate, and is not parole
  5  2 eligible.
  5  3    The bill provides that a person serving an 85 percent
  5  4 sentence prior to July 1, 2004, is eligible to have the
  5  5 person's sentence reopened if the county attorney from the
  5  6 county which prosecuted the defendant files a motion in the
  5  7 sentencing court to reopen the sentence of the defendant.  If
  5  8 the court grants the motion to reopen the sentence, the person
  5  9 becomes eligible for parole or work release.  If the sentence
  5 10 is not reopened, the person serves 85 percent of the person's
  5 11 sentence in confinement.
  5 12 LSB 6211YH 80
  5 13 jm/gg/14