HF 2557 (LSB 5147HH (7) 88)

HOUSE FILE 2557

BY  WOLFE and WESSEL-KROESCHELL

A BILL FOR

An Act relating to minimum sentences for certain offenders and parole and work release eligibility.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 901.11, Code 2020, is amended by adding the following new subsection:
   NEW SUBSECTION.  6.  a.  Notwithstanding any other provision of law to the contrary, at the time of sentencing, the court shall determine when a person convicted of any of the criminal offenses specified in section 902.12 shall first become eligible for parole or work release within the parameters specified in section 902.12, subsection 6, if any of the following apply:
   (1)  At the time the defendant committed the offense for which the defendant is being sentenced the defendant was twenty-five years of age or younger.
   (2)  At the time the defendant committed the offense for which the defendant is being sentenced the defendant had not previously been convicted of a forcible felony as defined in section 702.11.
   b.  In determining when a person shall first become eligible for parole or work release under this subsection, the court shall give consideration to all pertinent information including but not limited to the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons.
    Sec. 2.  Section 902.12, Code 2020, is amended to read as follows:
   902.12  Minimum sentence for certain felonies —— eligibility for parole or work release —— exception.
   1.  A person serving a sentence for conviction of the following felonies, including a person serving a sentence for conviction of the following felonies prior to July 1, 2003, shall be denied parole or work release unless the person has served at least seven-tenths of the maximum term of the person’s sentence:
   a.  Murder in the second degree in violation of section 707.3.
   b.  Attempted murder in violation of section 707.11, except as provided in section 707.11, subsection 5.
   c.  Sexual abuse in the second degree in violation of section 709.3.
   d.  Kidnapping in the second degree in violation of section 710.3.
   e.  Robbery in the second degree in violation of section 711.3, except as determined in subsection 4.
   f.  Vehicular homicide in violation of section 707.6A, subsection 1 or 2, if the person was also convicted under section 321.261, subsection 4, based on the same facts or event that resulted in the conviction under section 707.6A, subsection 1 or 2.
   2.  A person serving a sentence for a conviction of child endangerment as defined in section 726.6, subsection 1, paragraph “b”, that is described and punishable under section 726.6, subsection 4, shall be denied parole or work release until the person has served between three-tenths and seven-tenths of the maximum term of the person’s sentence as determined under section 901.11, subsection 2.
   3.  A person serving a sentence for a conviction for robbery in the first degree in violation of section 711.2 for a conviction that occurs on or after July 1, 2018, shall be denied parole or work release until the person has served between one-half and seven-tenths of the maximum term of the person’s sentence as determined under section 901.11, subsection 3.
   4.  A person serving a sentence for a conviction for robbery in the second degree in violation of section 711.3 for a conviction that occurs on or after July 1, 2016, shall be denied parole or work release until the person has served between one-half and seven-tenths of the maximum term of the person’s sentence as determined under section 901.11, subsection 4.
   5.  A person serving a sentence for a conviction for arson in the first degree in violation of section 712.2 that occurs on or after July 1, 2019, shall be denied parole or work release until the person has served between one-half and seven-tenths of the maximum term of the person’s sentence as determined under section 901.11, subsection 5.
   6.  Notwithstanding this section, a person who was twenty-five years of age or younger at the time of the commission of an offense specified in this section, or a person who had not previously been convicted of a forcible felony as defined in section 702.11 at the time of the commission of the offense shall be denied parole or work release until the person has served between three-tenths and seven-tenths of the maximum term of the person’s sentence as determined under section 901.11, subsection 6.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill allows a court to sentence a person to less than the minimum sentence described in Code section 902.12 for certain felonies if the person was either 25 years of age or younger at the time of the commission of the offense or had not previously been convicted of a forcible felony as defined in Code section 702.11 at the time of the commission of the offense. The bill makes conforming Code changes.
   “Forcible felony” means any felonious child endangerment, assault, murder, sexual abuse, kidnapping, robbery, human trafficking, arson in the first degree, or burglary in the first degree.