Text: SF00348 Text: SF00350 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 902.7, Code 1995, is amended to read as 1 2 follows: 1 3 902.7 MINIMUM SENTENCE &endash; USE OF A FIREARM. 1 4AtExcept as otherwise provided in section 902.12, at the 1 5 trial of a person charged with participating in a forcible 1 6 felony, if the trier of fact finds beyond a reasonable doubt 1 7 that the person is guilty of a forcible felony and that the 1 8 person represented that the person was in the immediate 1 9 possession and control of a firearm, displayed a firearm in a 1 10 threatening manner, or was armed with a firearm while 1 11 participating in the forcible felony the convicted person 1 12 shall serve a minimum of five years of the sentence imposed by 1 13 law. A person sentenced pursuant to this section shall not be 1 14 eligible for parole until the person has served the minimum 1 15 sentence of confinement imposed by this section. 1 16 Sec. 2. Section 902.8, Code 1995, is amended to read as 1 17 follows: 1 18 902.8 MINIMUM SENTENCE &endash; HABITUAL OFFENDER. 1 19AnA habitual offender is any person convicted of a class 1 20 "C" or a class "D" felony, who has twice before been convicted 1 21 of any felony in a court of this or any other state, or of the 1 22 United States. An offense is a felony if, by the law under 1 23 which the person is convicted, it is so classified at the time 1 24 of the person's conviction.AExcept as otherwise provided in 1 25 section 902.12, a person sentenced asana habitual offender 1 26 shall not be eligible for parole until the person has served 1 27 the minimum sentence of confinement of three years. 1 28 Sec. 3. Section 902.11, Code 1995, is amended to read as 1 29 follows: 1 30 902.11 MINIMUM SENTENCE &endash; ELIGIBILITY OF PRIOR FORCIBLE 1 31 FELON FOR PAROLE OR WORK RELEASE. 1 32 A person serving a sentence for conviction of a felony who 1 33 has a criminal record of one or more prior convictions for a 1 34 forcible felony or a crime of a similar gravity in this or any 1 35 other state, shall be denied parole or work release unless the 2 1 person has served at least one-half of the maximum term of the 2 2 defendant's sentence. However, the mandatory sentence 2 3 provided for by this section does not apply ifeitherany of 2 4 the following apply: 2 5 1. The sentence being served is for a felony other than a 2 6 forcible felony and the sentences for the prior forcible 2 7 felonies expired at least five years before the date of 2 8 conviction for the present felony. 2 9 2. The sentence being served is on a conviction for 2 10 operating a motor vehicle while under the influence of alcohol 2 11 or a drug under chapter 321J. 2 12 3. The offense is a forcible felony enumerated under 2 13 section 902.12. 2 14 Sec. 4. NEW SECTION. 902.12 INELIGIBILITY FOR PAROLE OR 2 15 WORK RELEASE &endash; CERTAIN FORCIBLE FELONS. 2 16 Except as otherwise provided in chapter 903A, a person who 2 17 has been convicted of the following forcible felonies shall 2 18 serve the entire term of the person's sentence and shall not 2 19 be eligible for release on parole or work release: 2 20 1. Murder in the second degree in violation of section 2 21 707.3. 2 22 2. Sexual abuse in the second degree in violation of 2 23 section 709.3. 2 24 3. Kidnapping in the second degree in violation of section 2 25 710.3. 2 26 4. Robbery in the first or second degree in violation of 2 27 section 711.2 or 711.3. 2 28 Sec. 5. Section 903A.2, unnumbered paragraph 1, Code 1995, 2 29 is amended to read as follows: 2 30EachUnless an inmate is sentenced pursuant to section 2 31 902.12, an inmate of an institution under the Iowa department 2 32 of corrections, is eligible for a reduction of sentence of one 2 33 day for each day of good conduct of the inmate while committed 2 34 to one of the department's institutions. However, if an 2 35 inmate is sentenced under section 902.12, the total number of 3 1 days which may be accumulated by the inmate to reduce the 3 2 inmate's sentence may equal but shall not exceed fifteen 3 3 percent of the inmate's total sentence of confinement.In3 4 Unless an inmate is sentenced pursuant to section 902.12, in 3 5 addition to the sentence reduction of one day for each day of 3 6 good conduct, each inmate is eligible for an additional 3 7 reduction of sentence of up to five days a month if the inmate 3 8 participates satisfactorily in employment in the institution, 3 9 in Iowa state industries, in an inmate employment program 3 10 established by the director, in a treatment program 3 11 established by the director, or in an inmate educational 3 12 program approved by the director. Reduction of sentence 3 13 pursuant to this section may be subject to forfeiture pursuant 3 14 to section 903A.3. Computation of good conduct time is 3 15 subject to the following conditions: 3 16 Sec. 6. Section 906.15, unnumbered paragraph 1, Code 1995, 3 17 is amended to read as follows: 3 18 Unless sooner discharged, a person released on parole shall 3 19 be discharged when the person's term of parole equals the 3 20 period of imprisonment specified in the person's sentence, 3 21 less all time served in confinement. Discharge from parole 3 22 may be granted prior to such time, when an early discharge is 3 23 appropriate. The board shall periodically review all paroles, 3 24 and when the board determines that any person on parole is 3 25 able and willing to fulfill the obligations of a law-abiding 3 26 citizen without further supervision, the board shall discharge 3 27 the person from parole. A parole officer shall periodically 3 28 review all paroles assigned to the parole officer, and when 3 29 the parole officer determines that any person assigned to the 3 30 officer is able and willing to fulfill the obligations of a 3 31 law-abiding citizen without further supervision, the officer 3 32 may discharge the person from parole after notification and 3 33 approval of the district director and notification of the 3 34 board of parole. In any event, discharge from parole shall 3 35 terminate the person's sentence. However, a person convicted 4 1 of a violation of section709.3,709.4 or 709.8 committed on 4 2 or with a child or a person released on parole prior to the 4 3 effective date of this Act for a violation of section 709.3 4 4 committed on or with a child shall not be discharged from 4 5 parole until the person's term of parole equals the period of 4 6 imprisonment specified in the person's sentence, less all time 4 7 served in confinement. 4 8 EXPLANATION 4 9 This bill prohibits persons convicted of the following 4 10 forcible felonies from being released on parole or work 4 11 release: murder in the second degree, sexual abuse in the 4 12 second degree, kidnapping in the second degree, and robbery in 4 13 either the first or second degree. An offender will still be 4 14 eligible to earn good conduct time credits in an amount not to 4 15 exceed 15 percent of the person's total sentence of 4 16 confinement against the offender's sentence under the bill. 4 17 LSB 1598SV 76 4 18 lh/jj/8
Text: SF00348 Text: SF00350 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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