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