HF 712 (LSB 1983HV (2) 88)

HOUSE FILE 712

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HF 408)

A BILL FOR

An Act relating to indeterminate sentences for class “D” felonies.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  NEW SECTION.  902.3B  Indeterminate sentencing options —— class “D” felonies.
   Notwithstanding section 902.3, when a judgment of conviction for a class “D” felony is entered against a person, the court, in imposing a sentence of confinement, may do any of the following:
   1.  Except as otherwise provided in section 321J.2, subsection 5, paragraph “a”, commit the person into the custody of the director of the Iowa department of corrections for an indeterminate term not to exceed five years and suspend the sentence subject to the person’s compliance with the conditions set by the court as a requirement of the suspended sentence.
   2.  Commit the person into the custody of the director of the Iowa department of corrections for an indeterminate term not to exceed five years without suspending the sentence. 
   3.  Except as otherwise provided in section 321J.2, subsection 5, paragraph “a”, commit the person into the custody of the director of the Iowa department of corrections for an indeterminate term not to exceed five years, with a mandatory minimum term of between thirty days and one year, to be served in the county jail. The department of corrections shall be responsible for the costs and expenses of housing a person ordered to serve an indeterminate term in the county jail pursuant to this subsection and shall reimburse the county for the costs and expenses incurred for housing the person in the county jail. 
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill provides that when a judgment of conviction of a class “D” felony is entered against a person, the court, in imposing a sentence of confinement may, except as otherwise provided in Code section 321J.2(5)(a), commit the person to the custody of the director of the Iowa department of corrections for an indeterminate term not to exceed five years and suspend the sentence subject to the person’s compliance with conditions set by the court as a requirement of the suspended sentence; commit the person to the custody of the director of the Iowa department of corrections for an indeterminate term not to exceed five years without suspending the sentence; or except as otherwise provided in Code section 321J.2(5)(a), commit the person to the custody of the director of the Iowa department of corrections for an indeterminate term not to exceed five years and order the person to serve a jail sentence with a mandatory minimum term of between 30 days and one year in the county jail. The department of corrections is responsible for the costs and expenses of housing a person committed to the county jail and shall reimburse the county for the costs and expenses incurred for housing the person in the county jail.
   A person convicted under Code section 321J.2(5)(a) for a third operating-while-intoxicated offense shall be committed to the custody of the director of the department of corrections for an indeterminate term not to exceed five years, with a mandatory minimum term of 30 days.