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House Journal: Page 1832: Monday, April 24, 1995

 7     901.10  IMPOSITION OF MANDATORY MINIMUM SENTENCES.
 8     1.  A court sentencing a person for an act
 9   prohibited under section 124.406 or sections 124.401
10   and 124.413 may, at its discretion, waive the
11   mandatory minimum term of confinement if the person
12   was not in the possession or control of a firearm and
13   did not commit an assault as defined under section
14   708.1 while participating in the prohibited act, if
15   mitigating circumstances exist, and if the mitigating
16   circumstances are stated specifically in the record.
17   However, the state may appeal the discretionary
18   decision on the grounds that the stated mitigating
19   circumstances do not warrant a reduction of the
20   sentence.
21     2.  A court sentencing a person for the person's
22   first conviction under section 124.406, 124.413, or
23   902.7 may, at its discretion, sentence the person to a
24   term less than provided by the statute if mitigating
25   circumstances exist and those circumstances are stated
26   specifically in the record.  However, the state may
27   appeal the discretionary decision on the grounds that
28   the stated mitigating circumstances do not warrant a
29   reduction of the sentence."
30     2.  Page 3, by striking lines 8 through 33.
31     3.  Page 4, line 16, by striking the words "five
32   days per year" and inserting the following:  "one
day
33   per month".
34     4. By striking page 4, line 22, through page 5,
35   line 13, and inserting the following:
36     "Sec. ___.  APPLICABILITY OF WAIVER TO CURRENT
37   INMATES.  The board of parole shall identify inmates
38   currently serving mandatory minimum sentences for an
39   offense under section 1 of this Act that would have
40   been eligible for waiver of the mandatory minimum term
41   if the inmates had been sentenced on or after the
42   effective date of this Act.  For each inmate
43   identified, the board of parole shall review the
44   inmate's record and the circumstances surrounding the
45   inmate's conviction and make a determination as to
46   whether the inmate's mandatory minimum term should be
47   waived.  If the parole board determines that the
48   inmate's mandatory minimum term of confinement should
49   be waived, the inmate shall be immediately eligible
50   for parole.

Page 2  

 1     Sec. ___.  INTERIM STUDY COMMITTEE.  The
 2   legislative council is requested to establish an
 3   interim committee to study currently available
 4   sentencing and incarceration options.  The study may
 5   include but shall not be limited to a review of
 6   available jail, community corrections, and prison
 7   beds; the potential impact of the use of split

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 1)

© 1995 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

Last update: Sun Jan 14 21:05:02 CST 1996
URL: /DOCS/GA/76GA/Session.1/HJournal/01800/01832.html
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