Text: HF02103 Text: HF02105 Text: HF02100 - HF02199 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 – 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. SPLIT-SENTENCING PILOT PROJECT. 2 20 1. The general assembly finds that the implementation of a 2 21 split-sentencing pilot project within this state could serve 2 22 as a test for a fair and flexible method of dispensing 2 23 criminal justice which provides for an incremental approach to 2 24 the imposition of aggravated misdemeanor and felony criminal 2 25 sentences and may help to reduce the current prison 2 26 overcrowding problems while protecting the public safety. A 2 27 split-sentencing pilot project is therefore established in a 2 28 judicial district to be determined by the supreme court. The 2 29 judicial district shall be selected based on the availability 2 30 of jail space within the judicial district, and whether the 2 31 judicial district in consultation with the county board or 2 32 boards of supervisors and the sheriff or sheriffs desires to 2 33 participate in the project. Notwithstanding any other 2 34 contrary provision of law, subsection 2 of this section shall 2 35 apply within and only within the judicial district which is 3 1 selected to participate in this pilot project from the date of 3 2 the enactment of this Act through June 30, 1997. 3 3 2. By record entry at the time of or after sentencing for 3 4 an aggravated misdemeanor or a felony, other than a class "A" 3 5 felony, the court may sentence the defendant to serve up to 3 6 ninety days of the sentence in the county jail and suspend the 3 7 balance of the term imposed. If the person is ordered to 3 8 serve up to ninety days in jail, the costs of the person's 3 9 confinement shall be paid by the state at the rate negotiated 3 10 by the department of corrections with the judicial district 3 11 under section 904.908. Payment shall be made by the 3 12 department of revenue and finance upon submission of a voucher 3 13 executed by the sheriff. Persons serving time in a county 3 14 jail under this subsection shall be committed to the custody 3 15 of the director of the department of corrections and the 3 16 department shall be responsible for all prisoner medical 3 17 costs. 3 18 EXPLANATION 3 19 This bill provides that persons sentenced for a second 3 20 forcible felony are to serve 85 percent of their sentence 3 21 before they are eligible for parole or work release. Persons 3 22 sentenced for a third or subsequent forcible felony, under the 3 23 bill, are to serve their entire sentence but are eligible for 3 24 sentence reductions of up to 12 days per year for good 3 25 behavior. Persons confined in an institution under the 3 26 control of the department of corrections are currently 3 27 eligible for reductions of one day for each day of good 3 28 behavior and an additional five days a month for participation 3 29 in institutional employment, an employment program, or an 3 30 educational or treatment program. 3 31 The bill establishes a split-sentencing pilot project under 3 32 which a court in the judicial district selected for the pilot 3 33 project would be permitted to sentence a person convicted of a 3 34 crime which is classified as an aggravated misdemeanor through 3 35 a class "B" felony to up to 90 days in a county jail as part 4 1 of the person's sentence and suspend the remaining term of 4 2 confinement. If a person is serving a sentence of confinement 4 3 in a county jail, the person is committed to the custody of 4 4 the director of the department of corrections and the costs of 4 5 confinement in the jail and medical care will be paid by the 4 6 state. 4 7 LSB 3272HH 76 4 8 mk/jw/5
Text: HF02103 Text: HF02105 Text: HF02100 - HF02199 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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