Text: SCR00118 Text: SCR00120 Text: SCR00100 - SCR00199 Text: SCR Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 SENATE CONCURRENT RESOLUTION NO. ___
1 2 BY COMMITTEE ON JUDICIARY
1 3 (SUCCESSOR TO SSB 2218)
1 4 A Concurrent Resolution requesting the Legislative
1 5 Council to establish a sentencing commission.
1 6 WHEREAS, the state of Iowa has experienced
1 7 unprecedented growth in its correctional populations,
1 8 including an approximate 73 percent growth in prison
1 9 populations since 1990, an approximate 76 percent
1 10 growth in county jail populations since 1990, and an
1 11 approximate 52 percent growth in community-based
1 12 corrections populations since 1990; and
1 13 WHEREAS, during the past decade policymakers have
1 14 enhanced Iowa's indeterminate sentencing structure
1 15 with various determinate sentencing mechanisms, such
1 16 as mandatory minimum penalties, alternative maximum
1 17 penalties, and mandatory service of sentence
1 18 requirements; and
1 19 WHEREAS, given the growth of correctional
1 20 populations and the kinds of changes which have been
1 21 made in sentencing practices, a comprehensive review
1 22 of sentencing policies and the impact of those
1 23 policies on sentencing practices would provide
1 24 information that would help future general assemblies
1 25 assess the impact of sentencing policy decisions on
1 26 correctional resources and public safety; and
1 27 WHEREAS, approximately 20 states have engaged in a
1 28 sentencing reform process, several of which have
1 29 allowed those states to better manage existing
1 30 correctional resources, project future correctional
2 1 needs, engage in long range correctional budget
2 2 planning, and provide a sanctioning system that
2 3 apportions severity and length of punishment based on
2 4 the nature and risk posed by the offense committed;
2 5 NOW THEREFORE,
2 6 BE IT RESOLVED BY THE SENATE, THE HOUSE OF
2 7 REPRESENTATIVES CONCURRING, That the Legislative
2 8 Council is requested to establish a commission to
2 9 review current criminal penalties and sentencing
2 10 practices, including but not limited to the effects of
2 11 mandatory minimum penalties and mandatory service of
2 12 sentence requirements on sentencing practices, and the
2 13 effects that those sentencing practices and
2 14 restrictions on Board of Parole discretion have on
2 15 populations at state and community-based correctional
2 16 facilities, as well as the numbers of persons on
2 17 probation and parole. The commission should also
2 18 conduct a comparative assessment of the relative
2 19 penalties imposed for various crimes based not only on
2 20 the threat posed by the prohibited criminal conduct,
2 21 but also by the risk generally associated with
2 22 criminal offenders. The commission should also review
2 23 the efforts of other states to implement reforms of
2 24 sentencing policy which permit the effective
2 25 management of correctional resources while
2 26 accommodating public safety concerns. The commission
2 27 should prepare a report containing any conclusions and
2 28 recommendations and submit the report to the
2 29 Legislative Council or a committee of the Legislative
2 30 Council during the interim period which commences in
3 1 1999.
3 2 BE IT FURTHER RESOLVED, That the commission consist
3 3 of 20 members as follows:
3 4 1. Six members of the General Assembly, to be
3 5 selected as follows:
3 6 a. Three members from the House of
3 7 Representatives, two of whom shall be selected by the
3 8 Speaker of the House of Representative and one of whom
3 9 shall be selected by the Minority Leader of the House.
3 10 b. Three members from the Senate, two of whom
3 11 shall be selected by the Majority Leader of the Senate
3 12 and one of whom shall be selected by the Minority
3 13 Leader of the Senate.
3 14 2. Three members of the judicial branch, to be
3 15 selected by the Supreme Court.
3 16 3. The Attorney General or the Attorney General's
3 17 designee.
3 18 4. A county attorney, to be selected by an
3 19 organization which represents county attorneys.
3 20 5. A representative of the office of the State
3 21 Public Defender.
3 22 6. A private criminal defense attorney, to be
3 23 selected by the Iowa State Bar Association.
3 24 7. Two members of the general public, to be
3 25 selected by the Governor.
3 26 8. A director of a judicial district department of
3 27 correctional services to be selected by agreement of
3 28 the directors of the judicial district departments of
3 29 correctional services.
3 30 9. The Director of the Department of Corrections
4 1 or the Director's designee.
4 2 10. A representative of the Iowa Board of Parole.
4 3 11. A victim rights advocate to be selected by the
4 4 Governor.
4 5 12. The Commissioner of Public Safety or the
4 6 Commissioner's Designee.
4 7 The Commissioner of Public Safety, or the
4 8 commissioner's designee, is designated to act as the
4 9 temporary chairperson of the commission for purposes
4 10 of convening the initial meeting of the commission.
4 11 BE IT FURTHER RESOLVED, That, if federal or private
4 12 funds are obtained, the commission may contract with
4 13 one or more consultants or experts who are qualified
4 14 to assist in the gathering of data and development and
4 15 use of models for the projection of the impact of
4 16 changes in sentencing policy on jail, community-based
4 17 corrections, and prison populations.
4 18 BE IT FURTHER RESOLVED, That the commission seek
4 19 assistance from the Iowa Division of Criminal and
4 20 Juvenile Justice Planning, the Department of
4 21 Corrections, and other appropriate state and local
4 22 agencies in the collection and organization of
4 23 information pertaining to prison and community-based
4 24 correctional resources and sentencing practices.
4 25 SCR 119
4 26 lh/cc/26
Text: SCR00118 Text: SCR00120 Text: SCR00100 - SCR00199 Text: SCR Index Bills and Amendments: General Index Bill History: General Index
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