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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 1. A court sentencing a person for an act prohibited under 1 5 section 124.406 or sections 124.401 and 124.413 may, at its 1 6 discretion, waive the mandatory minimum term of confinement if 1 7 the person was not using or in control of a firearm and did 1 8 not commit an assault as defined under section 708.1 while 1 9 participating in the prohibited act, if mitigating 1 10 circumstances exist, and if the mitigating circumstances are 1 11 stated specifically in the record. However, the state may 1 12 appeal the discretionary decision on the grounds that the 1 13 stated mitigating circumstances do not warrant a reduction of 1 14 the sentence. 1 15 2. A court sentencing a person for the person's first 1 16 conviction under section124.406, 124.413, or902.7 may, at 1 17 its discretion, sentence the person to a mandatory minimum 1 18 term which is less than the mandatory minimum term which is 1 19 provided by the statute if mitigating circumstances exist and 1 20 those circumstances are stated specifically in the record. 1 21 However, the state may appeal the discretionary decision on 1 22 the grounds that the stated mitigating circumstances do not 1 23 warrant a reduction of the sentence. 1 24 Sec. 2. Section 902.11, unnumbered paragraph 1, Code 1995, 1 25 is amended to read as follows: 1 26 A person serving a sentence for conviction of a felony, 1 27 other than a forcible felony, who has a criminal record of one 1 28 or more prior convictions for a forcible felony or a crime of 1 29 a similar gravity in this or any other state, shall be denied 1 30 parole or work release unless the person has served at least 1 31 one-half of the maximum term of the defendant's sentence. 1 32 However, the mandatory sentence provided for by this section 1 33 does not apply if either of the following apply: 1 34 Sec. 3. Section 902.11, subsection 1, Code 1995, is 1 35 amended to read as follows: 2 1 1. Thesentence being served is for a felony other than a2 2forcible felony and thesentences for the prior forcible 2 3 felonies expired at least five years before the date of 2 4 conviction for the present felony. 2 5 Sec. 4. NEW SECTION. 902.12 MINIMUM SENTENCE &endash; ELIGI- 2 6 BILITY OF FORCIBLE FELONS FOR PAROLE OR WORK RELEASE. 2 7 1. A person serving a sentence for a conviction of a 2 8 forcible felony who has a criminal record of one prior 2 9 conviction for a forcible felony or a crime of similar gravity 2 10 in this or any other state shall be denied parole or work 2 11 release unless the person has served at least eighty-five 2 12 percent of the maximum term of the person's sentence. 2 13 2. A person serving a sentence for a conviction of a 2 14 forcible felony who has a criminal record of two or more prior 2 15 convictions for a forcible felony or a crime of similar 2 16 gravity in this or any other state shall serve one hundred 2 17 percent of the maximum term of the person's sentence and shall 2 18 not be released on parole or work release. 2 19 Sec. 5. Section 903A.2, unnumbered paragraph 1, Code 1995, 2 20 is amended to read as follows: 2 21EachUnless an inmate is sentenced pursuant to section 2 22 902.12, subsection 2, an inmate of an institution under the 2 23 Iowa department of corrections, is eligible for a reduction of 2 24 sentence of one day for each day of good conduct of the inmate 2 25 while committed to one of the department's institutions.In2 26 Unless an inmate is sentenced pursuant to section 902.12, 2 27 subsection 2, in addition to the sentence reduction of one day 2 28 for each day of good conduct, each inmate is eligible for an 2 29 additional reduction of sentence of up to five days a month if 2 30 the inmate participates satisfactorily in employment in the 2 31 institution, in Iowa state industries, in an inmate employment 2 32 program established by the director, in a treatment program 2 33 established by the director, or in an inmate educational 2 34 program approved by the director. Inmates who are sentenced 2 35 pursuant to section 902.12, subsection 2, are eligible for a 3 1 reduction of sentence of up to one day per month for good 3 2 conduct while committed to one of the department's 3 3 institutions. Reduction of sentence pursuant to this section 3 4 may be subject to forfeiture pursuant to section 903A.3. 3 5 Computation of good conduct time is subject to the following 3 6 conditions: 3 7 Sec. 6. APPLICABILITY OF WAIVER TO CURRENT INMATES. The 3 8 board of parole shall identify inmates currently serving 3 9 mandatory minimum sentences for an offense under section 1 of 3 10 this Act that would have been eligible for waiver of the 3 11 mandatory minimum term if the inmates had been sentenced on or 3 12 after the effective date of this Act. For each inmate 3 13 identified, the board of parole shall review the inmate's 3 14 record and the circumstances surrounding the inmate's 3 15 conviction and make a determination as to whether the inmate's 3 16 mandatory minimum term should be waived. If the parole board 3 17 determines that the inmate's mandatory minimum term of 3 18 confinement should be waived, the inmate shall be immediately 3 19 eligible for parole. 3 20 Sec. 7. INTERIM STUDY COMMITTEE. The legislative council 3 21 is requested to establish an interim committee to study 3 22 currently available sentencing and incarceration options. The 3 23 study may include but shall not be limited to a review of 3 24 available jail, community corrections, and prison beds; the 3 25 potential impact of the use of split sentencing on jail, 3 26 community corrections, and prison bed space; security needs 3 27 and costs associated with the implementation of hard labor 3 28 requirements for persons incarcerated in corrections 3 29 institutions; and the nature and costs associated with other 3 30 sentencing options. In addition to legislative members, the 3 31 membership of the interim committee shall include the 3 32 following public members: 3 33 1. A representative from the board of parole. 3 34 2. A representative from the division of criminal and 3 35 juvenile justice planning of the department of human rights. 4 1 3. A representative from an association of sheriffs and 4 2 deputy sheriffs. 4 3 4. A representative from the department of corrections. 4 4 5. A representative from a county board of supervisors. 4 5 The committee shall submit findings and any recommendations 4 6 in a report to the general assembly by January 1, 1997. 4 7 Sec. 8. RISK ASSESSMENT STUDY. The department of 4 8 corrections, in consultation with the board of parole and the 4 9 division of criminal and juvenile justice planning of the 4 10 department of human rights, shall conduct a study of the 4 11 various risk assessment tools currently used in the Iowa 4 12 corrections system to determine the relative risk posed by a 4 13 criminal offender and the prospects for the offender's 4 14 rehabilitation, and make findings and recommendations 4 15 regarding the implementation and use of a risk assessment tool 4 16 during or as part of the presentence investigation process. 4 17 In conducting the study, the department shall also consult 4 18 with faculty members with expertise in risk assessment who are 4 19 from Iowa institutions of higher education which offer degree 4 20 programs in criminology. The recommendations and any 4 21 corresponding findings shall be submitted in a report to the 4 22 general assembly by January 1, 1997. 4 23 Sec. 9. SPLIT-SENTENCING PILOT PROJECT. 4 24 1. The general assembly finds that the implementation of a 4 25 split-sentencing pilot project within this state could serve 4 26 as a test for a fair and flexible method of dispensing 4 27 criminal justice which provides for an incremental approach to 4 28 the imposition of aggravated misdemeanor and felony criminal 4 29 sentences and may help to reduce the current prison 4 30 overcrowding problems while protecting the public safety. A 4 31 split-sentencing pilot project is therefore established in a 4 32 judicial district to be determined by the supreme court. The 4 33 judicial district shall be selected based on the availability 4 34 of jail space within the judicial district, and whether the 4 35 judicial district in consultation with the county board or 5 1 boards of supervisors and the sheriff or sheriffs desires to 5 2 participate in the project. Notwithstanding any other 5 3 contrary provision of law, subsection 2 of this section shall 5 4 apply within and only within the judicial district which is 5 5 selected to participate in this pilot project from the date of 5 6 the enactment of this Act through June 30, 1997. 5 7 2. By record entry at the time of or after sentencing for 5 8 an aggravated misdemeanor or a felony, other than a class "A" 5 9 felony, the court may sentence the defendant to serve up to 5 10 ninety days of the sentence in the county jail and suspend the 5 11 balance of the term imposed. If the person is ordered to 5 12 serve up to ninety days in jail, the costs of the person's 5 13 confinement shall be paid by the state at the rate negotiated 5 14 by the department of corrections with the judicial district 5 15 under section 904.908. Payment shall be made by the 5 16 department of revenue and finance upon submission of a voucher 5 17 executed by the sheriff. Persons serving time in a county 5 18 jail under this subsection shall be committed to the custody 5 19 of the director of the department of corrections and the 5 20 department shall be responsible for all prisoner medical 5 21 costs. 5 22 EXPLANATION 5 23 This bill provides that the court, when sentencing a person 5 24 for certain drug offenses not involving a firearm or an 5 25 assault, may waive an applicable mandatory minimum sentence if 5 26 mitigating circumstances exist and are on record. The waiver 5 27 is appealable by the state. The waiver may also be made 5 28 retroactively applicable at the discretion of the parole 5 29 board. 5 30 The bill also provides that persons sentenced for a second 5 31 forcible felony are to serve 85 percent of their sentence 5 32 before they are eligible for parole or work release. Persons 5 33 sentenced for a third or subsequent forcible felony, under the 5 34 bill, are to serve their entire sentence but are eligible for 5 35 sentence reductions of up to 12 days per year for good 6 1 behavior. Persons confined in an institution under the 6 2 control of the department of corrections are currently 6 3 eligible for reductions of one day for each day of good 6 4 behavior and an additional five days a month for participation 6 5 in institutional employment, an employment program, or an 6 6 educational or treatment program. 6 7 The bill establishes a split-sentencing pilot project under 6 8 which a court in the judicial district selected for the pilot 6 9 project would be permitted to sentence a person convicted of a 6 10 crime which is classified as an aggravated misdemeanor through 6 11 a class "B" felony to up to 90 days in a county jail as part 6 12 of the person's sentence and suspend the remaining term of 6 13 confinement. If a person is serving a sentence of confinement 6 14 in a county jail, the person is committed to the custody of 6 15 the director of the department of corrections and the costs of 6 16 confinement in the jail and medical care will be paid by the 6 17 state. 6 18 The bill requests that the legislative council establish an 6 19 interim committee to study currently available sentencing and 6 20 incarceration options. The committee is to include 6 21 representatives of the board of parole, the division of 6 22 criminal and juvenile justice planning, the sheriffs 6 23 association, county boards of supervisors, and the department 6 24 of corrections. 6 25 The bill also directs the department of corrections to 6 26 study the risk assessment tools currently used by the Iowa 6 27 corrections system. The department is to consult with persons 6 28 with expertise in criminology, the division of criminal and 6 29 juvenile justice planning, and the board of parole. 6 30 LSB 3053SS 76 6 31 mk/jw/5
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