HOUSE FILE _____

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON ANDERSON)

A BILL FOR

An Act prohibiting certain credits for time served while on probation.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 907.3, subsection 3, unnumbered paragraph 1, Code Supplement 2011, is amended to read as follows:
   By record entry at the time of or after sentencing, the court may suspend the sentence and place the defendant on probation upon such terms and conditions as it may require including commitment to an alternate jail facility or a community correctional residential treatment facility to be followed by a period of probation as specified in section 907.7, or commitment of the defendant to the judicial district department of correctional services for supervision or services under section 901B.1 at the level of sanctions which the district department determines to be appropriate and the payment of fees imposed under section 905.14. A person so committed who has probation revoked shall
 
not be given credit for such time served. However, the court shall not suspend any of the following sentences:
EXPLANATION
   This bill relates to receiving credit for time served while on probation.
   Under the bill, a person who receives a suspended sentence shall not be given credit for time served while on probation in an alternate jail facility, community correctional residential treatment facility, or upon commitment to the judicial district department of correctional services for supervision or services.
   The bill is in response to Anderson v. State, 801 N.W.2d 1 (Iowa 2011), in which the Iowa supreme court ruled Iowa law requires a person, who is on probation and subsequently sent to prison, to receive credit for the time served at an alternate jail facility, a community correctional residential treatment facility, or a judicial district department of correctional services for supervision or services.
   Credit for time served ultimately reduces the period of time a person serves in confinement in a jail or prison. Credit for time served is not earned time under Code section 903A.2.