Text: SF00132 Text: SF00134 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 901.10, Code 1995, is amended to read 1 2 as follows: 1 3 901.10 IMPOSITION OF MANDATORY MINIMUM SENTENCES. 1 4 A court sentencing a person for the person's first 1 5 conviction under section 124.406,or 124.413, or 902.7may, at 1 6 its discretion, sentence the person to a term less than 1 7 provided by the statute if mitigating circumstances exist and 1 8 those circumstances are stated specifically in the record. 1 9 However, the state may appeal the discretionary decision on 1 10 the grounds that the stated mitigating circumstances do not 1 11 warrant a reduction of the sentence. 1 12 Sec. 2. NEW SECTION. 902.7A FORCIBLE FELON &endash; 1 13 INELIGIBILITY FOR PAROLE OR WORK RELEASE. 1 14 A person who is convicted of a forcible felony shall serve 1 15 the sentence imposed by law and shall not be eligible for 1 16 parole or work release prior to discharge of the sentence. 1 17 This section shall not affect the ability of the inmate to 1 18 earn and accrue good conduct time under chapter 903A. 1 19 Sec. 3. Section 903A.5, unnumbered paragraph 1, Code 1995, 1 20 is amended to read as follows: 1 21 An inmate shall not be discharged from the custody of the 1 22 director of the Iowa department of corrections until the 1 23 inmate has served the full term for which the inmate was 1 24 sentenced, less good conduct time earned and not forfeited, 1 25 unless the inmate is pardoned or otherwise legally released. 1 26 Good conduct time earned and not forfeited shall apply to 1 27 reduce a mandatory minimum sentence being served pursuant to 1 28 section 124.406, 124.413,902.7,or 902.8, or 902.11. An 1 29 inmate shall be deemed to be serving the sentence from the day 1 30 on which the inmate is received into the institution. 1 31 However, if an inmate was confined to a county jail or other 1 32 correctional or mental facility at any time prior to 1 33 sentencing, or after sentencing but prior to the case having 1 34 been decided on appeal, because of failure to furnish bail or 1 35 because of being charged with a nonbailable offense, the 2 1 inmate shall be given credit for the days already served upon 2 2 the term of the sentence. The clerk of the district court of 2 3 the county from which the inmate was sentenced, shall certify 2 4 to the warden the number of days so served. 2 5 Sec. 4. REPEAL. Sections 902.7 and 902.11, Code 1995, are 2 6 repealed. 2 7 EXPLANATION 2 8 This bill provides that persons convicted of a forcible 2 9 felony are to serve their entire sentence and are not to be 2 10 eligible for parole. The bill does not affect the person's 2 11 ability to earn good conduct time under chapter 903A. Cur- 2 12 rently, inmates are eligible for a reduction of sentence of 2 13 one day for each day of good conduct while committed to one of 2 14 the department's institutions. The bill also repeals current 2 15 mandatory minimum sentence provisions which apply to persons 2 16 currently convicted of forcible felonies and makes related 2 17 technical changes. The term forcible felony is defined under 2 18 section 702.11 to mean any felonious child endangerment, 2 19 assault, murder, sexual abuse, kidnapping, robbery, arson in 2 20 the first degree, or burglary in the first degree. The term 2 21 does not include sexual abuse in the third degree committed 2 22 between spouses, sexual abuse in violation of section 709.4, 2 23 subsection 2, paragraph "c", subparagraph (4), or sexual 2 24 exploitation by a counselor or therapist in violation of sec- 2 25 tion 709.15. 2 26 LSB 1421XS 76 2 27 lh/jw/5.1
Text: SF00132 Text: SF00134 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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