Text: SSB00268 Text: SSB00270 Text: SSB00200 - SSB00299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 902.3, Code 1995, is amended to read as 1 2 follows: 1 3 902.3INDETERMINATE SENTENCEFELONY SENTENCING. 1 4 1.WhenExcept 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, theThe court may sentence a person convicted 1 14 of aclass "D"felonyforas 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 committedwho has3 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 2062SC 76 4 3 lh/cf/24
Text: SSB00268 Text: SSB00270 Text: SSB00200 - SSB00299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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