SF 2147 (LSB 5295XS (2) 87)

SENATE FILE 2147

BY  SMITH

A BILL FOR

An Act relating to the accumulation of earned time by offenders, and providing penalties.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 903A.2, subsection 1, paragraph a, subparagraph (2), Code 2018, is amended to read as follows:
   (2)  However, an inmate required to participate in a sex offender treatment program shall not be eligible for a any reduction of sentence unless until the inmate participates in and completes a sex offender treatment program established by the director.
    Sec. 2.  Section 903A.2, subsection 1, paragraph b, subparagraph (2), Code 2018, is amended to read as follows:
   (2)  An inmate required to participate in a domestic abuse treatment program shall not be eligible for a any reduction of sentence unless until the inmate participates in and completes a domestic abuse treatment program established by the director.
    Sec. 3.  Section 903A.3, subsection 1, Code 2018, is amended to read as follows:
   1.  Upon finding that an inmate has violated an institutional rule, has failed to complete a sex offender or domestic abuse treatment program as specified in section 903A.2, or has had an action or appeal dismissed under section 610A.2, the independent administrative law judge may order forfeiture of any or all earned time accrued and not forfeited up to the date of the violation by the inmate and may order forfeiture of any or all earned time accrued and not forfeited up to the date the action or appeal is dismissed, unless the court entered such an order under section 610A.3. The independent administrative law judge has discretion within the guidelines established pursuant to section 903A.4, to determine the amount of time that should be forfeited based upon the severity of the violation. Prior violations by the inmate may be considered by the administrative law judge in the decision.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the accumulation of earned time by offenders and provides penalties.
   The bill specifies that an inmate committed to the department of corrections who is required to participate in a sex offender treatment program shall not be eligible for any reduction of a category “A” sentence until the inmate participates in and completes a sex offender treatment program. Currently, such an inmate is not eligible for a reduction of sentence unless the inmate participates in and completes a sex offender treatment program. An inmate serving a category “A” sentence is eligible to receive one and two-tenths days for each day the inmate demonstrates good conduct and satisfactorily participates in any program or placement status.
   The bill specifies that an inmate committed to the department of corrections who is required to participate in a domestic abuse treatment program shall not be eligible for any reduction of a category “B” sentence until the inmate participates in and completes a domestic abuse treatment program. Currently, such an inmate is not eligible for a reduction of sentence unless the inmate participates in and completes a domestic abuse treatment program. An inmate serving a category “B” sentence is eligible for a reduction of sentence equal to fifteen eighty-fifths of a day for each day of good conduct by the inmate.
   Upon a finding of an independent administrative law judge, the bill specifies that an inmate committed to the department of corrections may be ordered to forfeit any or all earned time, if the inmate has failed to complete a sex offender or domestic abuse treatment program.