Text: S03387 Text: S03389 Text: S03300 - S03399 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend House File 471, as amended, passed, and 1 2 reprinted by the House, as follows: 1 3 #1. By striking page 1, line 1, through page 2, 1 4 line 12, and inserting the following: 1 5 "Sec. . Section 901.10, Code 1995, is amended 1 6 to read as follows: 1 7 901.10 IMPOSITION OF MANDATORY MINIMUM SENTENCES. 1 8 1. A court sentencing a person for an act 1 9 prohibited under section 124.406 or sections 124.401 1 10 and 124.413 may, at its discretion, waive the 1 11 mandatory minimum term of confinement if the person 1 12 was not in the possession or control of a firearm and 1 13 did not commit an assault as defined under section 1 14 708.1 while participating in the prohibited act, if 1 15 mitigating circumstances exist, and if the mitigating 1 16 circumstances are stated specifically in the record. 1 17 However, the state may appeal the discretionary 1 18 decision on the grounds that the stated mitigating 1 19 circumstances do not warrant a reduction of the 1 20 sentence. 1 21 2. A court sentencing a person for the person's 1 22 first conviction under section124.406, 124.413, or1 23 902.7 may, at its discretion, sentence the person to a 1 24 term less than provided by the statute if mitigating 1 25 circumstances exist and those circumstances are stated 1 26 specifically in the record. However, the state may 1 27 appeal the discretionary decision on the grounds that 1 28 the stated mitigating circumstances do not warrant a 1 29 reduction of the sentence." 1 30 #2. Page 3, by striking lines 8 through 33. 1 31 #3. Page 4, line 16, by striking the words "five 1 32 days per year" and inserting the following: "one day 1 33 per month". 1 34 #4. By striking page 4, line 22, through page 5, 1 35 line 13, and inserting the following: 1 36 "Sec. . APPLICABILITY OF WAIVER TO CURRENT 1 37 INMATES. The board of parole shall identify inmates 1 38 currently serving mandatory minimum sentences for an 1 39 offense under section 1 of this Act that would have 1 40 been eligible for waiver of the mandatory minimum term 1 41 if the inmates had been sentenced on or after the 1 42 effective date of this Act. For each inmate 1 43 identified, the board of parole shall review the 1 44 inmate's record and the circumstances surrounding the 1 45 inmate's conviction and make a determination as to 1 46 whether the inmate's mandatory minimum term should be 1 47 waived. If the parole board determines that the 1 48 inmate's mandatory minimum term of confinement should 1 49 be waived, the inmate shall be immediately eligible 1 50 for parole. 2 1 Sec. . INTERIM STUDY COMMITTEE. The 2 2 legislative council is requested to establish an 2 3 interim committee to study currently available 2 4 sentencing and incarceration options. The study may 2 5 include but shall not be limited to a review of 2 6 available jail, community corrections, and prison 2 7 beds; the potential impact of the use of split 2 8 sentencing on jail, community corrections, and prison 2 9 bed space; security needs and costs associated with 2 10 the implementation of hard labor requirements for 2 11 persons incarcerated in corrections institutions; and 2 12 the nature and costs associated with other sentencing 2 13 options. In addition to legislative members, the 2 14 membership of the interim committee shall include the 2 15 following public members: 2 16 1. A representative from the board of parole. 2 17 2. A representative from the division of criminal 2 18 and juvenile justice planning of the department of 2 19 human rights. 2 20 3. A representative from an association of 2 21 sheriffs and deputy sheriffs. 2 22 4. A representative from the department of 2 23 corrections. 2 24 The committee shall submit findings and any 2 25 recommendations in a report to the general assembly by 2 26 January 1, 1996. 2 27 Sec. . RISK ASSESSMENT STUDY. The department 2 28 of corrections, in consultation with the board of 2 29 parole and the division of criminal and juvenile 2 30 justice planning of the department of human rights, 2 31 shall conduct a study of the various risk assessment 2 32 tools currently used in the Iowa corrections system to 2 33 determine the relative risk posed by a criminal 2 34 offender and the prospects for the offender's 2 35 rehabilitation and make findings and recommendations 2 36 regarding the implementation and use of a risk 2 37 assessment tool during or as part of the presentence 2 38 investigation process. The recommendations and any 2 39 corresponding findings shall be submitted in a report 2 40 to the general assembly by January 1, 1996." 2 41 #5. Title page, by striking lines 4 through 6 and 2 42 inserting the following: "served, providing for a 2 43 reduction in the amount of". 2 44 #6. Title page, line 7, by inserting after the 2 45 word "felons" the following: ", by requesting an 2 46 interim and a departmental study, and making other 2 47 related changes". 2 48 #7. By designating, redesignating, and changing 2 49 internal references as necessary. 2 50 3 1 3 2 3 3 RANDAL J. GIANNETTO 3 4 PATRICK J. DELUHERY 3 5 MAGGIE TINSMAN 3 6 HF 471.304 76 3 7 lh/cf
Text: S03387 Text: S03389 Text: S03300 - S03399 Text: S Index Bills and Amendments: General Index Bill History: General Index
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