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