Text: HF00225 Text: HF00227 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 HOUSE FILE 226 1 2 1 3 AN ACT 1 4 RELATING TO COMPUTATION OF TIME BY WHICH CRIMINAL SEN- 1 5 TENCES MAY BE REDUCED FOR GOOD BEHAVIOR AND PROVIDING 1 6 FOR LIMITED RETROACTIVE APPLICABILITY. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 Section 1. Section 901.8, Code 1997, is amended to read as 1 11 follows: 1 12 901.8 CONSECUTIVE SENTENCES. 1 13 If a person is sentenced for two or more separate offenses, 1 14 the sentencing judge may order the second or further sentence 1 15 to begin at the expiration of the first or succeeding 1 16 sentence. If a person is sentenced for escape under section 1 17 719.4 or for a crime committed while confined in a detention 1 18 facility or penal institution, the sentencing judge shall 1 19 order the sentence to begin at the expiration of any existing 1 20 sentence. If the person is presently in the custody of the 1 21 director of the Iowa department of corrections, the sentence 1 22 shall be served at the facility or institution in which the 1 23 person is already confined unless the person is transferred by 1 24 the director.IfExcept as otherwise provided in section 1 25 903A.7, if consecutive sentences are specified in the order of 1 26 commitment, the several terms shall be construed as one 1 27 continuous term of imprisonment. 1 28 Sec. 2. Section 903A.2, Code 1997, is amended by striking 1 29 the section and inserting in lieu thereof the following: 1 30 903A.2 GOOD TIME. 1 31 1. Each inmate committed to the custody of the director of 1 32 the department of corrections is eligible for a reduction of 1 33 sentence for good behavior in the manner provided in this 1 34 section. For purposes of calculating the amount of time by 1 35 which an inmate's sentence may be reduced, inmates shall be 2 1 grouped into the following two sentencing categories: 2 2 a. Category "A" sentences are those sentences which are 2 3 not subject to a maximum accumulation of good time of fifteen 2 4 percent of the total sentence of confinement under section 2 5 902.12. To the extent provided in subsection 5, category "A" 2 6 sentences also include life sentences imposed under section 2 7 902.1. An inmate of an institution under the control of the 2 8 department of corrections who is serving a category "A" 2 9 sentence is eligible for a reduction of sentence equal to one 2 10 day for each day of good conduct while committed to one of the 2 11 department's institutions. In addition, each inmate who is 2 12 serving a category "A" sentence is eligible for an additional 2 13 reduction of up to five days per month if the inmate 2 14 participates satisfactorily in any of the following 2 15 activities: 2 16 (1) Employment in the institution. 2 17 (2) Iowa state industries. 2 18 (3) An employment program established by the director. 2 19 (4) A treatment program established by the director. 2 20 (5) An inmate educational program approved by the 2 21 director. 2 22 b. Category "B" sentences are those sentences which are 2 23 subject to a maximum accumulation of good time of fifteen 2 24 percent of the total sentence of confinement under section 2 25 902.12. An inmate of an institution under the control of the 2 26 department of corrections who is serving a category "B" 2 27 sentence is eligible for a reduction of sentence equal to 2 28 fifteen eighty-fifths of a day for each day of good conduct by 2 29 the inmate. 2 30 2. Good time earned pursuant to this section may be 2 31 forfeited in the manner prescribed in section 903A.3. 2 32 3. Time served in a jail or another facility prior to 2 33 actual placement in an institution under the control of the 2 34 department of corrections and credited against the sentence by 2 35 the court shall accrue for the purpose of reduction of 3 1 sentence under this section. Time which elapses during an 3 2 escape shall not accrue for purposes of reduction of sentence 3 3 under this section. 3 4 4. Time which elapses between the date on which a person 3 5 is incarcerated, based upon a determination of the board of 3 6 parole that a violation of parole has occurred, and the date 3 7 on which the violation of parole was committed shall not 3 8 accrue for purposes of reduction of sentence under this 3 9 section. 3 10 5. Good time accrued by inmates serving life sentences 3 11 imposed under section 902.1 shall not reduce the life 3 12 sentence, but shall be credited against the inmate's sentence 3 13 if the life sentence is commuted to a term of years under 3 14 section 902.2. 3 15 Sec. 3. Section 903A.7, Code 1997, is amended by striking 3 16 the section and inserting in lieu thereof the following: 3 17 903A.7 SEPARATE SENTENCES. 3 18 Consecutive multiple sentences that are within the same 3 19 category under section 903A.2 shall be construed as one 3 20 continuous sentence for purposes of calculating reductions of 3 21 sentence for good time. If a person is sentenced to serve 3 22 sentences of both categories, category "B" sentences shall be 3 23 served before category "A" sentences are served, and good time 3 24 earned against the category "B" sentences shall not be used to 3 25 reduce the category "A" sentences. If an inmate serving a 3 26 category "A" sentence is sentenced to serve a category "B" 3 27 sentence, the category "A" sentence shall be interrupted, and 3 28 no further good time shall accrue against that sentence until 3 29 the category "B" sentence is completed. 3 30 Sec. 4. RETROACTIVE APPLICABILITY. This Act shall apply 3 31 retroactively to the computation of reductions in criminal 3 32 sentences for good behavior for persons sentenced to category 3 33 "B" sentences on or after July 1, 1996. 3 34 3 35 4 1 4 2 RON J. CORBETT 4 3 Speaker of the House 4 4 4 5 4 6 4 7 MARY E. KRAMER 4 8 President of the Senate 4 9 4 10 I hereby certify that this bill originated in the House and 4 11 is known as House File 226, Seventy-seventh General Assembly. 4 12 4 13 4 14 4 15 ELIZABETH ISAACSON 4 16 Chief Clerk of the House 4 17 Approved , 1997 4 18 4 19 4 20 4 21 TERRY E. BRANSTAD 4 22 Governor
Text: HF00225 Text: HF00227 Text: HF00200 - HF00299 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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