Text: HF02090 Text: HF02092 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 902.11, unnumbered paragraph 1, Code 1 2 1995, is amended to read as follows: 1 3 A person serving a sentence for conviction of a felony, 1 4 other than a forcible felony, who has a criminal record of one 1 5 or more prior convictions for a forcible felony or a crime of 1 6 a similar gravity in this or any other state, shall be denied 1 7 parole or work release unless the person has served at least 1 8 one-half of the maximum term of the defendant's sentence. 1 9 However, the mandatory sentence provided for by this section 1 10 does not apply if either of the following apply: 1 11 Sec. 2. Section 902.11, subsection 1, Code 1995, is 1 12 amended to read as follows: 1 13 1. Thesentence being served is for a felony other than a1 14forcible felony and thesentences for the prior forcible 1 15 felonies expired at least five years before the date of 1 16 conviction for the present felony. 1 17 Sec. 3. NEW SECTION. 902.12 MINIMUM SENTENCE &endash; ELIGI- 1 18 BILITY OF FORCIBLE FELONS FOR PAROLE OR WORK RELEASE. 1 19 1. A person serving a sentence for a conviction of a 1 20 forcible felony who has a criminal record of one prior 1 21 conviction for a forcible felony or a crime of similar gravity 1 22 in this or any other state shall be denied parole or work 1 23 release unless the person has served at least eighty-five 1 24 percent of the maximum term of the person's sentence. 1 25 2. A person serving a sentence for a conviction of a 1 26 forcible felony who has a criminal record of two or more prior 1 27 convictions for a forcible felony or a crime of similar 1 28 gravity in this or any other state shall serve one hundred 1 29 percent of the maximum term of the person's sentence and shall 1 30 not be released on parole or work release. 1 31 Sec. 4. Section 903A.2, unnumbered paragraph 1, Code 1995, 1 32 is amended to read as follows: 1 33EachUnless an inmate is sentenced pursuant to section 1 34 902.12, subsection 2, an inmate of an institution under the 1 35 Iowa department of corrections, is eligible for a reduction of 2 1 sentence of one day for each day of good conduct of the inmate 2 2 while committed to one of the department's institutions.In2 3 Unless an inmate is sentenced pursuant to section 902.12, 2 4 subsection 2, in addition to the sentence reduction of one day 2 5 for each day of good conduct, each inmate is eligible for an 2 6 additional reduction of sentence of up to five days a month if 2 7 the inmate participates satisfactorily in employment in the 2 8 institution, in Iowa state industries, in an inmate employment 2 9 program established by the director, in a treatment program 2 10 established by the director, or in an inmate educational 2 11 program approved by the director. Inmates who are sentenced 2 12 pursuant to section 902.12, subsection 2, are eligible for a 2 13 reduction of sentence of up to one day per month for good 2 14 conduct while committed to one of the department's 2 15 institutions. Reduction of sentence pursuant to this section 2 16 may be subject to forfeiture pursuant to section 903A.3. 2 17 Computation of good conduct time is subject to the following 2 18 conditions: 2 19 Sec. 5. INTERIM STUDY COMMITTEE. The legislative council 2 20 is requested to establish an interim committee to study 2 21 currently available sentencing and incarceration options. The 2 22 study may include but shall not be limited to a review of 2 23 available jail, community corrections, and prison beds; the 2 24 potential impact of the use of split sentencing on jail, 2 25 community corrections, and prison bed space; security needs 2 26 and costs associated with the implementation of hard labor 2 27 requirements for persons incarcerated in corrections 2 28 institutions; and the nature and costs associated with other 2 29 sentencing options. In addition to legislative members, the 2 30 membership of the interim committee shall include the 2 31 following public members: 2 32 1. A representative from the board of parole. 2 33 2. A representative from the division of criminal and 2 34 juvenile justice planning of the department of human rights. 2 35 3. A representative from an association of sheriffs and 3 1 deputy sheriffs. 3 2 4. A representative from the department of corrections. 3 3 5. A representative from a county board of supervisors. 3 4 The committee shall submit findings and any recommendations 3 5 in a report to the general assembly by January 1, 1997. 3 6 Sec. 6. RISK ASSESSMENT STUDY. The department of 3 7 corrections, in consultation with the board of parole and the 3 8 division of criminal and juvenile justice planning of the 3 9 department of human rights, shall conduct a study of the 3 10 various risk assessment tools currently used in the Iowa 3 11 corrections system to determine the relative risk posed by a 3 12 criminal offender and the prospects for the offender's 3 13 rehabilitation, and make findings and recommendations 3 14 regarding the implementation and use of a risk assessment tool 3 15 during or as part of the presentence investigation process. 3 16 In conducting the study, the department shall also consult 3 17 with faculty members with expertise in risk assessment who are 3 18 from Iowa institutions of higher education which offer degree 3 19 programs in criminology. The recommendations and any 3 20 corresponding findings shall be submitted in a report to the 3 21 general assembly by January 1, 1997. 3 22 Sec. 7. SPLIT-SENTENCING PILOT PROJECT. 3 23 1. The general assembly finds that the implementation of a 3 24 split-sentencing pilot project within this state could serve 3 25 as a test for a fair and flexible method of dispensing 3 26 criminal justice which provides for an incremental approach to 3 27 the imposition of aggravated misdemeanor and felony criminal 3 28 sentences and may help to reduce the current prison 3 29 overcrowding problems while protecting the public safety. A 3 30 split-sentencing pilot project is therefore established in a 3 31 judicial district to be determined by the supreme court. The 3 32 judicial district shall be selected based on the availability 3 33 of jail space within the judicial district, and whether the 3 34 judicial district in consultation with the county board or 3 35 boards of supervisors and the sheriff or sheriffs desires to 4 1 participate in the project. Notwithstanding any other 4 2 contrary provision of law, subsection 2 of this section shall 4 3 apply within and only within the judicial district which is 4 4 selected to participate in this pilot project from the date of 4 5 the enactment of this Act through June 30, 1997. 4 6 2. By record entry at the time of or after sentencing for 4 7 an aggravated misdemeanor or a felony, other than a class "A" 4 8 felony, the court may sentence the defendant to serve up to 4 9 ninety days of the sentence in the county jail and suspend the 4 10 balance of the term imposed. If the person is ordered to 4 11 serve up to ninety days in jail, the costs of the person's 4 12 confinement shall be paid by the state at the rate negotiated 4 13 by the department of corrections with the judicial district 4 14 under section 904.908. Payment shall be made by the 4 15 department of revenue and finance upon submission of a voucher 4 16 executed by the sheriff. Persons serving time in a county 4 17 jail under this subsection shall be committed to the custody 4 18 of the director of the department of corrections and the 4 19 department shall be responsible for all prisoner medical 4 20 costs. 4 21 EXPLANATION 4 22 This bill provides that persons sentenced for a second 4 23 forcible felony are to serve 85 percent of their sentence 4 24 before they are eligible for parole or work release. Persons 4 25 sentenced for a third or subsequent forcible felony, under the 4 26 bill, are to serve their entire sentence but are eligible for 4 27 sentence reductions of up to 12 days per year for good 4 28 behavior. Persons confined in an institution under the 4 29 control of the department of corrections are currently 4 30 eligible for reductions of one day for each day of good 4 31 behavior and an additional five days a month for participation 4 32 in institutional employment, an employment program, or an 4 33 educational or treatment program. 4 34 This bill establishes a split sentencing pilot project 4 35 under which a court in the judicial district selected for the 5 1 pilot project would be permitted to sentence a person 5 2 convicted of a crime which is classified as an aggravated 5 3 misdemeanor through a class "B" felony to up to 90 days in a 5 4 county jail as part of the person's sentence and suspend the 5 5 remaining term of confinement. If a person is serving a 5 6 sentence of confinement in a county jail, the person is 5 7 committed to the custody of the director of the department of 5 8 corrections and the costs of confinement in the jail and 5 9 medical care will be paid by the state. 5 10 The bill requests that the legislative council establish an 5 11 interim committee to study currently available sentencing and 5 12 incarceration options. The committee is to include 5 13 representatives of the board of parole, the division of 5 14 criminal and juvenile justice planning, the sheriffs 5 15 association, county boards of supervisors, and the department 5 16 of corrections. 5 17 The bill also directs the department of corrections to 5 18 study the risk assessment tools currently used by the Iowa 5 19 corrections system. The department is to consult with persons 5 20 with expertise in criminology, the division of criminal and 5 21 juvenile justice planning, and the board of parole. 5 22 LSB 3063HH 76 5 23 mk/jw/5
Text: HF02090 Text: HF02092 Text: HF02000 - HF02099 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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