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PAG LIN 1 1 Section 1. Section 901.8, Code 1997, is amended to read as 1 2 follows: 1 3 901.8 CONSECUTIVE SENTENCES. 1 4 If a person is sentenced for two or more separate offenses, 1 5 the sentencing judge may order the second or further sentence 1 6 to begin at the expiration of the first or succeeding 1 7 sentence. If a person is sentenced for escape under section 1 8 719.4 or for a crime committed while confined in a detention 1 9 facility or penal institution, the sentencing judge shall 1 10 order the sentence to begin at the expiration of any existing 1 11 sentence. If the person is presently in the custody of the 1 12 director of the Iowa department of corrections, the sentence 1 13 shall be served at the facility or institution in which the 1 14 person is already confined unless the person is transferred by 1 15 the director.IfExcept as otherwise provided in section 1 16 903A.7, if consecutive sentences are specified in the order of 1 17 commitment, the several terms shall be construed as one 1 18 continuous term of imprisonment. 1 19 Sec. 2. Section 903A.2, Code 1997, is amended by striking 1 20 the section and inserting in lieu thereof the following: 1 21 903A.2 GOOD TIME. 1 22 1. Each inmate committed to the custody of the director of 1 23 the department of corrections is eligible for a reduction of 1 24 sentence for good behavior in the manner provided in this 1 25 section. For purposes of calculating the amount of time by 1 26 which an inmate's sentence may be reduced, inmates shall be 1 27 grouped into the following two sentencing categories: 1 28 a. Category "A" sentences are those sentences which are 1 29 not subject to a maximum accumulation of good time of fifteen 1 30 percent of the total sentence of confinement under section 1 31 902.12. To the extent provided in subsection 5, category "A" 1 32 sentences also include life sentences imposed under section 1 33 902.1. An inmate of an institution under the control of the 1 34 department of corrections who is serving a category "A" 1 35 sentence is eligible for a reduction of sentence equal to one 2 1 day for each day of good conduct while committed to one of the 2 2 department's institutions. In addition, each inmate who is 2 3 serving a category "A" sentence is eligible for an additional 2 4 reduction of up to five days per month if the inmate 2 5 participates satisfactorily in any of the following 2 6 activities: 2 7 (1) Employment in the institution. 2 8 (2) Iowa state industries. 2 9 (3) An employment program established by the director. 2 10 (4) A treatment program established by the director. 2 11 (5) An inmate educational program approved by the director. 2 12 b. Category "B" sentences are those sentences which are 2 13 subject to a maximum accumulation of good time of fifteen 2 14 percent of the total sentence of confinement under section 2 15 902.12. An inmate of an institution under the control of the 2 16 department of corrections who is serving a category "B" 2 17 sentence is eligible for a reduction of sentence equal to 2 18 fifteen eighty-fifths of a day for each day of good conduct by 2 19 the inmate. 2 20 2. Good time earned pursuant to this section may be 2 21 forfeited in the manner prescribed in section 903A.3. 2 22 3. Time served in a jail or another facility prior to 2 23 actual placement in an institution under the control of the 2 24 department of corrections and credited against the sentence by 2 25 the court shall accrue for the purpose of reduction of 2 26 sentence under this section. Time which elapses during an 2 27 escape shall not accrue for purposes of reduction of sentence 2 28 under this section. 2 29 4. Time which elapses between the date on which a person 2 30 is incarcerated, based upon a determination of the board of 2 31 parole that a violation of parole has occurred, and the date 2 32 on which the violation of parole was committed shall not 2 33 accrue for purposes of reduction of sentence under this 2 34 section. 2 35 5. Good time accrued by inmates serving life sentences 3 1 imposed under section 902.1 shall not reduce the life 3 2 sentence, but shall be credited against the inmate's sentence 3 3 if the life sentence is commuted to a term of years under 3 4 section 902.2. 3 5 Sec. 3. Section 903A.7, Code 1997, is amended by striking 3 6 the section and inserting in lieu thereof the following: 3 7 903A.7 SEPARATE SENTENCES. 3 8 Consecutive multiple sentences that are within the same 3 9 category under section 903A.2 shall be construed as one 3 10 continuous sentence for purposes of calculating reductions of 3 11 sentence for good time. If a person is sentenced to serve 3 12 sentences of both categories, category "B" sentences shall be 3 13 served before category "A" sentences are served, and good time 3 14 earned against the category "B" sentences shall not be used to 3 15 reduce the category "A" sentences. If an inmate serving a 3 16 category "A" sentence is sentenced to serve a category "B" 3 17 sentence, the category "A" sentence shall be interrupted, and 3 18 no further good time shall accrue against that sentence until 3 19 the category "B" sentence is completed. 3 20 EXPLANATION 3 21 This bill establishes two categories of sentences for 3 22 purposes of calculating the amount of time that an inmate's 3 23 term of confinement may be reduced for good behavior and makes 3 24 other changes relating to the accrual of good time. 3 25 Category "A" sentences are those sentences which are not 3 26 limited in the amount of good time that may accrue to reduce 3 27 the sentence. Life sentences are included in category "A" 3 28 sentences for administrative purposes so that, if the sentence 3 29 is commuted to a term of years, the department may reduce the 3 30 total term of years by any good time earned. Persons serving 3 31 category "A" sentences are eligible for a reduction in 3 32 sentence of one day for each day of good conduct and may be 3 33 eligible for an additional reduction in sentence of up to five 3 34 days per month if the person satisfactorily participates in 3 35 certain employment, treatment, or educational activities. 4 1 Category "B" sentences are those sentences which may only 4 2 be reduced by up to 15 percent for good behavior and includes 4 3 murder in the second degree under section 707.3, sexual abuse 4 4 in the second degree under section 709.3, kidnapping in the 4 5 second degree under section 710.3, and robbery in the first or 4 6 second degree under section 711.2 or 711.3. Persons serving 4 7 category "B" sentences are eligible for a reduction in 4 8 sentence equal to 15/85ths of a day for each day of good 4 9 conduct. 4 10 Time which elapses during an escape does not accrue for 4 11 purposes of calculating good time. Consecutive sentences that 4 12 are of the same category are to be construed as one continuous 4 13 sentence for purposes of calculating good time. If a person 4 14 is sentenced to serve sentences of both categories, the 4 15 category "B" sentences are to be served first and good time is 4 16 to be separately calculated for and applied to each category 4 17 of sentence. If a person is serving a category "A" sentence 4 18 and is then sentenced to serve a category "B" sentence, both 4 19 the category "A" sentence and the good time accrual for that 4 20 sentence are to be interrupted until the category "B" sentence 4 21 is completed. 4 22 LSB 1293DP 77 4 23 lh/sc/14.1
Text: HSB00072 Text: HSB00074 Text: HSB00000 - HSB00099 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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