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Senate File 418

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 902.3, Code 1995, is amended to read as
  1  2 follows:
  1  3    902.3  INDETERMINATE SENTENCE FELONY SENTENCING.
  1  4    1.  When Except as otherwise provided in subsection 2, when
  1  5 a judgment of conviction of a felony other than a class "A"
  1  6 felony is entered against a person, the court, in imposing a
  1  7 sentence of confinement, shall commit the person into the
  1  8 custody of the director of the Iowa department of corrections
  1  9 for an indeterminate term, the maximum length of which shall
  1 10 not exceed the limits as fixed by section 707.3 or section
  1 11 902.9 nor shall the term be less than the minimum term imposed
  1 12 by law, if a minimum sentence is provided.
  1 13    2.  However, the The court may sentence a person convicted
  1 14 of a class "D" felony for as follows:
  1 15    a.  For a conviction of a class "D" felony violation of
  1 16 section 321J.2 to imprisonment for up to one year in a county
  1 17 jail under section 902.9, subsection 4, and the person shall
  1 18 not be under the custody of the director of the Iowa
  1 19 department of corrections.
  1 20    b.  For a conviction of a felony other than a class "A"
  1 21 felony, in lieu of one year of the total sentence of
  1 22 imprisonment, to imprisonment for up to one year in a county
  1 23 jail under section 902.9, subsection 4.  If the court
  1 24 sentences the person to up to one year in a county jail, the
  1 25 court may require that all or a portion of the jail sentence
  1 26 be served, or suspend the year in jail along with the
  1 27 remaining balance of the term of imprisonment in an
  1 28 institution under the control of the department of
  1 29 corrections.  A person sentenced to up to one year in a county
  1 30 jail shall not be under the custody of the director of the
  1 31 Iowa department of corrections, unless the person's probation
  1 32 is revoked and the person's entire sentence is imposed.
  1 33    Sec. 2.  NEW SECTION.  902.12  PROVIDING PLACE OF
  1 34 CONFINEMENT.
  1 35    A person convicted of a felony and sentenced to confinement
  2  1 for a period of one year or less shall be confined in a place
  2  2 to be furnished by the county where the conviction was had.
  2  3 The costs of the person's confinement shall be paid by the
  2  4 state.  However, if a person's sentence permits the person to
  2  5 be released for purposes of employment, the court shall order
  2  6 that the person pay the amount of ten dollars per day, for
  2  7 each day of confinement in jail, to the county in which the
  2  8 person is confined.  The amount paid by the person shall be
  2  9 deducted from the total amount to be paid by the state to the
  2 10 county.
  2 11    Sec. 3.  Section 903.1, subsection 2, Code 1995, is amended
  2 12 to read as follows:
  2 13    2.  When a person is convicted of an aggravated
  2 14 misdemeanor, and a specific penalty is not provided for, the
  2 15 maximum penalty shall be imprisonment not to exceed two years.
  2 16 There shall be a fine of at least five hundred dollars but not
  2 17 to exceed five thousand dollars.  When a judgment of
  2 18 conviction of an aggravated misdemeanor is entered against any
  2 19 person and the court imposes a sentence of confinement for a
  2 20 period of more than one year the term shall be an
  2 21 indeterminate term.  However, the court may sentence the
  2 22 defendant to serve up to one year of the sentence in the
  2 23 county jail and suspend the balance of the term imposed.  If
  2 24 the person is ordered to serve up to one year in jail the
  2 25 costs of the person's confinement shall be borne by the state.
  2 26 However, a person sentenced to up to one year in a county jail
  2 27 shall not be under the custody of the director of the Iowa
  2 28 department of corrections, unless the person's probation is
  2 29 revoked and the person's entire sentence is imposed.  If the
  2 30 terms of a person's confinement include a provision for
  2 31 release for purposes of employment, the court shall order the
  2 32 person to pay ten dollars per day for every day of
  2 33 confinement, which shall be deducted from any amounts owed the
  2 34 county by the state.
  2 35    Sec. 4.  Section 907.3, subsection 3, Code 1995, is amended
  3  1 to read as follows:
  3  2    3.  By record entry at the time of or after sentencing, the
  3  3 court may suspend the sentence and place the defendant on
  3  4 probation upon such terms and conditions as it may require
  3  5 including commitment to an alternate jail facility or a
  3  6 community correctional residential treatment facility for a
  3  7 specific number of days to be followed by a term of probation
  3  8 as specified in section 907.7.  A person so committed who has
  3  9 whose probation is revoked shall be given credit for such time
  3 10 served.  By record entry at the time of or after sentencing
  3 11 for a felony other than a class "A" felony, or an aggravated
  3 12 misdemeanor, the court may sentence the defendant to serve up
  3 13 to one year of the sentence in the county jail and suspend the
  3 14 balance of the term imposed, as provided in section 902.3,
  3 15 subsection 2, paragraph "b", or section 903.1, subsection 2.
  3 16 However, the court shall not suspend the minimum term of two
  3 17 days imposed pursuant to section 708.2A, and the court shall
  3 18 not suspend a sentence imposed pursuant to section 236.8 or
  3 19 236.14 for contempt.  
  3 20                           EXPLANATION
  3 21    This bill permits a court to sentence a person convicted of
  3 22 a crime which is classified as an aggravated misdemeanor
  3 23 through a class "B" felony to up to one year in a county jail
  3 24 as part of the person's sentence.  All or a portion of the
  3 25 year and any balance of the remaining term of confinement
  3 26 imposed by the court may be suspended.  If a person is serving
  3 27 a sentence of confinement in a county jail, the person is not
  3 28 in the custody of the director of the department of
  3 29 corrections, unless the person's probation is revoked and the
  3 30 person's entire sentence is imposed.  The costs of the
  3 31 person's confinement in the county jail shall be borne by the
  3 32 state.  If the terms of a person's confinement include a
  3 33 provision for release for purposes of employment, the court is
  3 34 to order the person to pay $10 per day for every day of
  3 35 confinement to the county, which shall be deducted from any
  4  1 amounts owed the county by the state.  
  4  2 LSB 2062SV 76
  4  3 lh/cf/24
     
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