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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, for possession of a controlled substance under section
1 9 124.401 while the person is participating in a work release
1 10 program, or for a crime committed while confined in a
1 11 detention facility or penal institution, the sentencing judge
1 12 shall order the sentence to begin at the expiration of any
1 13 existing sentence. If the person is presently in the custody
1 14 of the director of the Iowa department of corrections, the
1 15 sentence shall be served at the facility or institution in
1 16 which the person is already confined unless the person is
1 17 transferred by the director. If consecutive sentences are
1 18 specified in the order of commitment, the several terms shall
1 19 be construed as one continuous term of imprisonment.
1 20 Sec. 2. Section 904.903, Code 1997, is amended to read as
1 21 follows:
1 22 904.903 AGREEMENT BY INMATE.
1 23 An inmate approved to participate in the work release
1 24 program shall sign a work release agreement. The agreement
1 25 shall include all terms and conditions of the particular plan
1 26 adopted for the inmate by the board of parole and shall
1 27 include a statement that the inmate agrees to abide by all
1 28 terms and conditions in the agreement. The agreement shall be
1 29 signed by the inmate prior to participation in the program.
1 30 Following the release of the inmate, the agreement may be
1 31 terminated by the department in accordance with rules of the
1 32 department. The agreement shall be terminated in accordance
1 33 with the rules of the department if the inmate is found to
1 34 possess a controlled substance in violation of section
1 35 124.401, or to have consumed or used a controlled substance,
2 1 unless the substance is or has been prescribed, dispensed, or
2 2 supplied to the person by a health care practitioner
2 3 authorized under section 147.107.
2 4 Sec. 3. Section 906.4, Code 1997, is amended by adding the
2 5 following new unnumbered paragraph:
2 6 NEW UNNUMBERED PARAGRAPH. The board shall establish, as a
2 7 condition of a person's parole or work release, a requirement
2 8 that the person shall not possess a controlled substance in
2 9 violation of section 124.401, or consume or use a controlled
2 10 substance, unless the substance has been prescribed,
2 11 dispensed, or supplied to the person by a health care
2 12 practitioner authorized under section 147.107.
2 13 Sec. 4. NEW SECTION. 908.10B CONTROLLED SUBSTANCE
2 14 CONSUMPTION, USE, OR POSSESSION WHILE ON PAROLE.
2 15 1. When a person is found to have possessed, consumed, or
2 16 used a controlled substance in violation of the conditions
2 17 established by the board for the person's parole, the person's
2 18 parole shall be deemed revoked as of the date on which the
2 19 person was found in possession of, or to have used or
2 20 consumed, the controlled substance.
2 21 2. Except as otherwise provided under sections 908.10 and
2 22 908.10A, if the person is convicted of possession of a
2 23 controlled substance under section 124.401, the parole officer
2 24 shall inform the sentencing judge that the convicted defendant
2 25 is a parole violator. The term for which the defendant shall
2 26 be imprisoned as a parole violator shall be the same as that
2 27 provided in cases of revocation of parole for violation of the
2 28 conditions of parole. The new sentence of imprisonment for
2 29 conviction of a violation of section 124.401 shall be served
2 30 consecutively with the term imposed for the parole violation,
2 31 unless a concurrent term of imprisonment is ordered by the
2 32 court.
2 33 The parolee shall be notified in writing that parole has
2 34 been revoked on the basis of the violation of the conditions
2 35 of the person's parole and, if the person is convicted of
3 1 possession of a controlled substance under section 124.401,
3 2 the new conviction. A copy of the commitment order shall
3 3 accompany the notification. The inmate's record shall be
3 4 reviewed pursuant to the provisions of section 906.5, or as
3 5 soon as practical after a final reversal of a conviction for
3 6 possession of a controlled substance while on parole.
3 7 3. An inmate may appeal the revocation of parole under
3 8 this section according to the board of parole's rules relating
3 9 to parole revocation appeals. Neither the administrative
3 10 parole judge nor the board panel shall retry the facts
3 11 underlying any conviction.
3 12 EXPLANATION
3 13 This bill provides for the revocation of the parole or work
3 14 release of a person who is found to have used, consumed, or
3 15 possessed a controlled substance in violation of the
3 16 conditions of the person's parole. For those parolees or work
3 17 releasees who are convicted of possession of a controlled
3 18 substance that was not prescribed, dispensed, or supplied by
3 19 an authorized health care practitioner, the sentence for the
3 20 conviction shall run consecutively to the sentence for which
3 21 the person originally received the parole or work release.
3 22 LSB 1102XS 77
3 23 lh/sc/14
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