House Study Bill 273
HOUSE FILE
BY (PROPOSED COMMITTEE
ON LABOR BILL BY
CHAIRPERSON OLSON)
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to sentencing and parole eligibility of persons
2 convicted of controlled substance offenses.
3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
4 TLSB 2361HC 82
5 jm/gg/14
PAG LIN
1 1 Section 1. Section 124.401E, subsection 1, Code 2007, is
1 2 amended to read as follows:
1 3 1. If a court sentences a person for the person's first
1 4 conviction for delivery or possession with intent to deliver a
1 5 controlled substance under a violation of section 124.401,
1 6 subsection 1, paragraph "c", and if the controlled substance
1 7 is amphetamine, its salts, isomers, or salts of its isomers,
1 8 or methamphetamine, its salts, isomers, or salts of its
1 9 isomers, and if the court may suspend defers the judgment, or
1 10 defers or suspends the sentence, and the court may shall order
1 11 the person to complete a drug court program if a drug court
1 12 has been established in the county in which the person is
1 13 sentenced, or order the person to receive a substance abuse
1 14 evaluation and complete any treatment if treatment is
1 15 recommended, or order the person be assigned to a
1 16 community=based correctional facility for a period of one year
1 17 or until maximum benefits are achieved, whichever is earlier.
1 18 Sec. 2. Section 124.401E, subsections 2 and 3, Code 2007,
1 19 are amended by striking the subsections.
1 20 Sec. 3. Section 232.45, subsection 14, unnumbered
1 21 paragraph 1, Code 2007, is amended to read as follows:
1 22 If a child who is alleged to have delivered, manufactured,
1 23 or possessed with intent to deliver or manufacture, a
1 24 controlled substance except marijuana, as defined in chapter
1 25 124, is waived to district court for prosecution, the
1 26 mandatory minimum sentence provided in section 124.413 shall
1 27 not be imposed if a conviction is had; however, each child
1 28 convicted of such an offense the child shall be confined for
1 29 not less than thirty days in a secure facility.
1 30 Sec. 4. Section 901.10, subsection 1, Code 2007, is
1 31 amended to read as follows:
1 32 1. A court sentencing a person for the person's first
1 33 conviction under section 124.406, 124.413, or 902.7 may, at
1 34 its discretion, sentence the person to a term less than
1 35 provided by the statute if mitigating circumstances exist and
2 1 those circumstances are stated specifically in the record.
2 2 Sec. 5. Section 901.10, subsection 2, Code 2007, is
2 3 amended by striking the subsection.
2 4 Sec. 6. Section 903A.5, subsection 1, Code 2007, is
2 5 amended to read as follows:
2 6 1. An inmate shall not be discharged from the custody of
2 7 the director of the Iowa department of corrections until the
2 8 inmate has served the full term for which the inmate was
2 9 sentenced, less earned time and other credits earned and not
2 10 forfeited, unless the inmate is pardoned or otherwise legally
2 11 released. Earned time accrued and not forfeited shall apply
2 12 to reduce a mandatory minimum sentence being served pursuant
2 13 to section 124.406, 124.413, 902.7, 902.8, 902.8A, or 902.11.
2 14 An inmate shall be deemed to be serving the sentence from the
2 15 day on which the inmate is received into the institution. If
2 16 an inmate was confined to a county jail or other correctional
2 17 or mental facility at any time prior to sentencing, or after
2 18 sentencing but prior to the case having been decided on
2 19 appeal, because of failure to furnish bail or because of being
2 20 charged with a nonbailable offense, the inmate shall be given
2 21 credit for the days already served upon the term of the
2 22 sentence. However, if a person commits any offense while
2 23 confined in a county jail or other correctional or mental
2 24 health facility, the person shall not be granted jail credit
2 25 for that offense. Unless the inmate was confined in a
2 26 correctional facility, the sheriff of the county in which the
2 27 inmate was confined shall certify to the clerk of the district
2 28 court from which the inmate was sentenced and to the
2 29 department of corrections' records administrator at the Iowa
2 30 medical and classification center the number of days so
2 31 served. The department of corrections' records administrator,
2 32 or the administrator's designee, shall apply jail credit as
2 33 ordered by the court of proper jurisdiction or as authorized
2 34 by this section and section 907.3, subsection 3.
2 35 Sec. 7. Section 907.3, subsection 1, paragraph k, Code
3 1 2007, is amended by striking the paragraph.
3 2 Sec. 8. Section 907.3, subsection 2, paragraph e, Code
3 3 2007, is amended by striking the paragraph.
3 4 Sec. 9. Section 907.3, subsection 3, paragraph e, Code
3 5 2007, is amended by striking the paragraph.
3 6 Sec. 10. Section 124.413, Code 2007, is repealed.
3 7 EXPLANATION
3 8 This bill relates to criminal sentencing and parole
3 9 eligibility of persons convicted of controlled
3 10 substance=related offenses.
3 11 The bill provides that a person may receive a deferred
3 12 judgment, or a deferred or suspended sentence, if the offense
3 13 is classified as a class "B" felony and the offense involves
3 14 methamphetamine. Current law prohibits a person from
3 15 receiving a deferred judgment, or deferred or suspended
3 16 sentence, if the offense is classified as a class "B" felony
3 17 and the offense involves methamphetamine.
3 18 The bill requires a person who receives a deferred
3 19 judgment, or deferred or suspended sentence, for a class "C"
3 20 felony amphetamine or methamphetamine offense to complete a
3 21 drug court program, receive a substance abuse evaluation and
3 22 complete any recommended treatment, or be assigned to a
3 23 community=based correctional facility for up to one year, if
3 24 the offense is classified as a felony and the offense involves
3 25 amphetamine or methamphetamine.
3 26 The bill eliminates a provision requiring the court to
3 27 sentence a person to imprisonment upon a second or subsequent
3 28 conviction for delivery or possession with intent to deliver a
3 29 controlled substance under Code section 124.401, subsection 1,
3 30 and the controlled substance is amphetamine or
3 31 methamphetamine.
3 32 Under current law, for a first offense involving delivery
3 33 or possession with intent to deliver amphetamine or
3 34 methamphetamine that is classified as a class "C" felony, the
3 35 court may suspend the sentence and order the person to
4 1 complete a drug court program or assign the person to a
4 2 community=based correctional facility for up to one year. In
4 3 addition under current law, for any offense involving
4 4 manufacture of amphetamine or methamphetamine that is
4 5 classified as a class "C" felony, the court may suspend the
4 6 sentence and order the person to complete a drug court program
4 7 or assign the person to a community=based correctional
4 8 facility.
4 9 The bill repeals Code section 124.413 relating to
4 10 eligibility for parole. The bill eliminates the requirement
4 11 that a person sentenced to prison for a controlled substance
4 12 offense under Code section 124.401, subsection 1, serve
4 13 one=third of the maximum indeterminate sentence before
4 14 becoming eligible for parole.
4 15 LSB 2361HC 82
4 16 jm:nh/gg/14.1