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PAG LIN 1 1 Section 1. Section 901.3, Code 1995, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 7. The risk posed by the defendant to 1 4 society, as compared to other persons convicted of the same 1 5 offense and persons who have been incarcerated in prison, 1 6 given the likelihood of the defendant to commit new offenses 1 7 and the seriousness of the offense committed. 1 8 Sec. 2. Section 901.10, Code 1995, is amended to read as 1 9 follows: 1 10 901.10 IMPOSITION OF MANDATORY MINIMUM SENTENCES. 1 11 1. A court sentencing a person for an act prohibited under 1 12 section 124.406 or sections 124.401 and 124.413 may, at its 1 13 discretion, waive the mandatory minimum term of confinement if 1 14 the person was not in the possession or control of a firearm 1 15 and did not commit an assault as defined under section 708.1 1 16 while participating in the prohibited act, if mitigating 1 17 circumstances exist, and if the mitigating circumstances are 1 18 stated specifically in the record. However, the state may 1 19 appeal the discretionary decision on the grounds that the 1 20 stated mitigating circumstances do not warrant a reduction of 1 21 the sentence. 1 22 2. A court sentencing a person for the person's first 1 23 conviction under section124.406, 124.413, or902.7 may, at 1 24 its discretion, sentence the person to a term less than 1 25 provided by the statute if mitigating circumstances exist and 1 26 those circumstances are stated specifically in the record. 1 27 However, the state may appeal the discretionary decision on 1 28 the grounds that the stated mitigating circumstances do not 1 29 warrant a reduction of the sentence. 1 30 Sec. 3. Section 902.3, Code 1995, is amended to read as 1 31 follows: 1 32 902.3INDETERMINATE SENTENCEFELONY SENTENCING. 1 33 1.WhenExcept as otherwise provided in subsection 2, when 1 34 a judgment of conviction of a felony other than a class "A" 1 35 felony is entered against a person, the court, in imposing a 2 1 sentence of confinement, shall commit the person into the 2 2 custody of the director of the Iowa department of corrections 2 3 for an indeterminate term, the maximum length of which shall 2 4 not exceed the limits as fixed by section 707.3 or section 2 5 902.9 nor shall the term be less than the minimum term imposed 2 6 by law, if a minimum sentence is provided.However, the2 7 2. The court may sentence a person convicted of aclass2 8"D"felonyforas follows: 2 9 a. For a conviction of a class "D" felony violation of 2 10 section 321J.2 to imprisonment for up to one year in a county 2 11 jail under section 902.9, subsection 4, and the person shall 2 12 not be under the custody of the director of the Iowa 2 13 department of corrections. 2 14 b. For a conviction of a felony other than a class "A" 2 15 felony, to imprisonment for a portion of the maximum term 2 16 specified for the offense, provided that the term shall not be 2 17 less than any minimum term required by law. If a person is 2 18 imprisoned for a portion of the maximum term specified for an 2 19 offense, the balance of the term shall be suspended and the 2 20 person shall be under the custody of the director of the Iowa 2 21 department of corrections. 2 22 Sec. 4. Section 907.3, subsection 3, Code 1995, is amended 2 23 to read as follows: 2 24 3. By record entry at the time of or after sentencing, the 2 25 court may suspend the sentence and place the defendant on 2 26 probation upon such terms and conditions as it may require 2 27 including commitment to an alternate jail facility or a 2 28 community correctional residential treatment facility for a 2 29 specific number of days to be followed by a term of probation 2 30 as specified in section 907.7. A person so committed who has 2 31 probation revoked shall be given credit for such time served. 2 32 By record entry at the time of or after sentencing for a 2 33 felony other than a class "A" felony, the court may also 2 34 sentence the defendant to imprisonment for a portion of the 2 35 maximum term specified for the offense and suspend the balance 3 1 of the term as provided in section 902.3, subsection 2, 3 2 paragraph "b". However, the court shall not suspend the 3 3 minimum term of two days imposed pursuant to section 708.2A, 3 4 and the court shall not suspend a sentence imposed pursuant to 3 5 section 236.8 or 236.14 for contempt. 3 6 EXPLANATION 3 7 This bill provides for an assessment of the risk posed by a 3 8 defendant to society to be included in the presentence 3 9 investigation report, which is considered by the court in the 3 10 sentencing of all felony offenders, other than persons 3 11 convicted of class "A" felonies, and may be used in the 3 12 sentencing of persons convicted of aggravated or serious 3 13 misdemeanors. The bill permits the court to waive the 3 14 mandatory minimum term imposed on certain drug offenses if the 3 15 person was not in the possession or control of a firearm, the 3 16 person did not commit an assault while participating in the 3 17 prohibited act, and if mitigating circumstances exist. 3 18 Currently the court is only permitted to waive the mandatory 3 19 minimum term if the offense is the person's first conviction 3 20 for one of those drug offenses. The bill also permits the 3 21 court to sentence a person convicted of a felony to 3 22 confinement for a portion of the maximum term specified for 3 23 the offense and suspend the balance of the term. Persons so 3 24 confined are under the custody of the director of the Iowa 3 25 department of corrections, and the costs of the confinement 3 26 are borne by the state. 3 27 LSB 1441XC 76 3 28 lh/jw/5
Text: SSB00140 Text: SSB00142 Text: SSB00100 - SSB00199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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