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 TLSB 5232YC (2) 84 jm/rj
H.F. _____ 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 -1- LSB 5232YC (2) 84 jm/rj 1/ 2
H.F. _____ time served is not earned time under Code section 903A.2. 1 -2- LSB 5232YC (2) 84 jm/rj 2/ 2