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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