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Text: HF02090                           Text: HF02092
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House File 2091

Partial Bill History

Bill Text

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.  The sentence being served is for a felony other than a
  1 14 forcible felony and the sentences 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 33    Each Unless 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.  In
  2  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
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