House
Study
Bill
512
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ANDERSON)
A
BILL
FOR
An
Act
prohibiting
certain
credits
for
time
served
while
on
1
probation.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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_____
Section
1.
Section
907.3,
subsection
3,
unnumbered
1
paragraph
1,
Code
Supplement
2011,
is
amended
to
read
as
2
follows:
3
By
record
entry
at
the
time
of
or
after
sentencing,
the
court
4
may
suspend
the
sentence
and
place
the
defendant
on
probation
5
upon
such
terms
and
conditions
as
it
may
require
including
6
commitment
to
an
alternate
jail
facility
or
a
community
7
correctional
residential
treatment
facility
to
be
followed
8
by
a
period
of
probation
as
specified
in
section
907.7
,
or
9
commitment
of
the
defendant
to
the
judicial
district
department
10
of
correctional
services
for
supervision
or
services
under
11
section
901B.1
at
the
level
of
sanctions
which
the
district
12
department
determines
to
be
appropriate
and
the
payment
of
13
fees
imposed
under
section
905.14
.
A
person
so
committed
14
who
has
probation
revoked
shall
not
be
given
credit
for
such
15
time
served.
However,
the
court
shall
not
suspend
any
of
the
16
following
sentences:
17
EXPLANATION
18
This
bill
relates
to
receiving
credit
for
time
served
while
19
on
probation.
20
Under
the
bill,
a
person
who
receives
a
suspended
sentence
21
shall
not
be
given
credit
for
time
served
while
on
probation
in
22
an
alternate
jail
facility,
community
correctional
residential
23
treatment
facility,
or
upon
commitment
to
the
judicial
24
district
department
of
correctional
services
for
supervision
25
or
services.
26
The
bill
is
in
response
to
Anderson
v.
State,
801
N.W.2d
1
27
(Iowa
2011),
in
which
the
Iowa
supreme
court
ruled
Iowa
law
28
requires
a
person,
who
is
on
probation
and
subsequently
sent
to
29
prison,
to
receive
credit
for
the
time
served
at
an
alternate
30
jail
facility,
a
community
correctional
residential
treatment
31
facility,
or
a
judicial
district
department
of
correctional
32
services
for
supervision
or
services.
33
Credit
for
time
served
ultimately
reduces
the
period
of
time
34
a
person
serves
in
confinement
in
a
jail
or
prison.
Credit
for
35
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_____
time
served
is
not
earned
time
under
Code
section
903A.2.
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