Text: SSB02077 Text: SSB02079 Text: SSB02000 - SSB02099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 321J.2, subsection 3, paragraph a, 1 2 unnumbered paragraph 1, Code Supplement 1997, is amended to 1 3 read as follows: 1 4 Notwithstanding the provisions of sections 901.5 and 907.3, 1 5 the court shall not defer judgment or sentencing, or suspend 1 6 execution of any part of the mandatory minimum sentence 1 7 applicable to the defendant under subsection 2 if any of the 1 8 following apply: 1 9 Sec. 2. Section 708.2A, subsection 6, paragraph b, Code 1 10 Supplement 1997, is amended to read as follows: 1 11 b. A person convicted of violating subsection 4 shall be 1 12 sentenced as provided under section 902.9, subsection 4, 1 13 committed to the custody of the director of the department of 1 14 corrections,shall serve a minimum of one year of the sentence1 15imposed,and shall be assessed a fine of at least seven 1 16 hundred fifty dollars. The person shall be denied parole or 1 17 work release until the person has served a minimum of one year 1 18 of the person's sentence. Notwithstanding section 901.5, 1 19 subsection 3, and section 907.3, subsection 3, thesentence1 20 person cannotbereceive a suspended or deferred sentence or a 1 21 deferred judgment; however, the person sentenced shall receive 1 22 credit for any time the person was confined in a jail or 1 23 detention facility following arrest. 1 24 Sec. 3. Section 901.4, Code 1997, is amended to read as 1 25 follows: 1 26 901.4 PRESENTENCE INVESTIGATION REPORT CONFIDENTIAL – 1 27 DISTRIBUTION. 1 28 The presentence investigation report is confidential and 1 29 the court shall provide safeguards to ensure its 1 30 confidentiality, including but not limited to sealing the 1 31 report, which may be opened only by further court order. At 1 32 least three days prior to the date set for sentencing, the 1 33 court shall serve all of the presentence investigation report 1 34 upon the defendant's attorney and the attorney for the state, 1 35 and the report shall remain confidential except upon court 2 1 order. However, the court may conceal the identity of the 2 2 person who provided confidential information. The report of a 2 3 medical examination or psychological or psychiatric evaluation 2 4 shall be made available to the attorney for the state and to 2 5 the defendant upon request. The reports are part of the 2 6 record but shall be sealed and opened only on order of the 2 7 court. If the defendant is committed to the custody of the 2 8 Iowa department of corrections and is not a class "A" felon, a 2 9 copy of the presentence investigation report shall be 2 10 forwarded to the director with the order of commitment by the 2 11 clerk of the district court and to the board of parole at the 2 12 time of commitment. The presentence investigation report may 2 13 also be released by the department of corrections or a 2 14 judicial district department of correctional services pursuant 2 15 to section 904.602 to another jurisdiction for the purpose of 2 16 providing interstate probation and parole compact services or 2 17 evaluations. The defendant or the defendant's attorney may 2 18 file with the presentence investigation report, a denial or 2 19 refutation of the allegations, or both, contained in the 2 20 report. The denial or refutation shall be included in the 2 21 report. 2 22 Sec. 4. Section 901A.2, subsection 6, Code 1997, is 2 23 amended by striking the subsection. 2 24 Sec. 5. Section 902.12, Code 1997, is amended by adding 2 25 the following new subsection: 2 26 NEW SUBSECTION. 1A. Attempted murder in violation of 2 27 section 707.11. 2 28 Sec. 6. Section 903A.5, Code Supplement 1997, is amended 2 29 by adding the following new unnumbered paragraph: 2 30 NEW UNNUMBERED PARAGRAPH. An inmate shall not receive 2 31 credit against a consecutive sentence for time spent in jail 2 32 prior to conviction for an escape or other offense which was 2 33 committed while the inmate was in a detention facility or 2 34 correctional institution. 2 35 Sec. 7. Section 904.108, subsection 1, paragraph d, Code 3 1 Supplement 1997, is amended to read as follows: 3 2 d. Establish and maintain acceptable standards of 3 3 treatment, training, education, and rehabilitation in the 3 4 various state penal and corrective institutions which shall 3 5 include habilitative services and treatment for offenders with 3 6 mental retardation. For the purposes of this paragraph, 3 7 "habilitative services and treatment" means medical, mental 3 8 health, social, educational, counseling, and other services 3 9 which will assist a person with mental retardation to become 3 10 self-reliant. However, the director may also provide 3 11 rehabilitative treatment and services to other persons who 3 12 require the services. The director shall identify all 3 13 individuals entering the correctional system who are persons 3 14 with mental retardation, as defined in section 222.2, 3 15 subsection 4. Identification shall be made by a qualified 3 16 professional in the area of mental retardation. In assigning 3 17 an offender with mental retardation, or an offender with an 3 18 inadequately developed intelligence or with impaired mental 3 19 abilities, to a correctional facility, the director shall 3 20 consider both the program needs and the security needs of the 3 21 offender. The director shall consult with the department of 3 22 human services in providing habilitative services and 3 23 treatment to offenders with mental illness or mental 3 24 retardation. The director may enter into agreements with the 3 25 department of human services to utilize mental health 3 26 institutions and share staff and resources for purposes of 3 27 providing habilitative and treatment services, as well as 3 28 providing other special needs programming. 3 29 Sec. 8. Section 904.207, Code 1997, is amended to read as 3 30 follows: 3 31 904.207 VIOLATOR FACILITY. 3 32 The director shall establish a violator facility as a 3 33 freestanding facility, or designate a portion of an existing 3 34 correctional facility for the purpose. A violator facility is 3 35 for the temporary confinement of offenders who have violated 4 1 conditions of release under work release or parole as defined 4 2 in section 906.1, or probation granted as a result of 4 3 suspension of a sentence to the custody of the director of the 4 4 department of corrections. Upon release of the offender from 4 5 the facility, the appropriate clerk of the district court 4 6 shall be notified of total number of days served, for purposes 4 7 of application of the time served against the original 4 8 sentence as provided in section 903A.2. The director shall 4 9 adopt rules pursuant to chapter 17A, subject to the approval 4 10 of the board, toimplementadminister this section. 4 11 Sec. 9. Section 907.3, subsection 3, paragraph c, 4 12 unnumbered paragraph 1, Code Supplement 1997, is amended to 4 13 read as follows: 4 14 A mandatory minimum sentence imposed pursuant to a 4 15 violation of section 321J.2, subsection 1, if any of the 4 16 following apply: 4 17 Sec. 10. Section 907.3, subsection 3, paragraph d, Code 4 18 Supplement 1997, is amended to read as follows: 4 19 d. A mandatory minimum sentence imposed pursuant to 4 20 section 707.6A, subsection 1; or section 707.6A, subsection 4, 4 21 involving operation of a motor vehicle while intoxicated. 4 22 EXPLANATION 4 23 This bill makes changes relating to the imposition of 4 24 sentences for certain crimes. 4 25 Provisions in Code sections 321J.2 and 907.3, relating to 4 26 the imposition of sentence for operating while intoxicated 4 27 first and second offenses, are amended to provide that only 4 28 the mandatory minimum term of incarceration cannot be 4 29 suspended. 4 30 The felony domestic abuse assault sentencing language in 4 31 Code section 708.2A is amended to specify that the person is 4 32 to be sentenced to an indeterminate term of five years, but 4 33 that the person may not be released on parole or work release 4 34 unless the person has served a minimum of one year of the 4 35 person's sentence and that the person also may not receive a 5 1 deferred judgment or deferred sentence. Such a person also 5 2 cannot be given a suspended sentence under the current 5 3 provision in Code sections 708.2A and 907.3. 5 4 Code section 901.4 is amended to permit distribution of the 5 5 presentence investigation report for purposes of providing 5 6 interstate probation and parole compact services or 5 7 evaluations. 5 8 Code section 901A.2 is amended to delete a requirement that 5 9 a person sentenced for a sexually predatory offense serve an 5 10 additional two years of parole after expiration of the 5 11 person's sentence. Parole is defined in Code section 906.1 as 5 12 the release of a person prior to the expiration of the 5 13 person's term of imprisonment. 5 14 Code section 902.12 is amended to add attempted murder to 5 15 the list of offenses for which there is a mandatory 85 percent 5 16 service of sentence requirement. 5 17 Code section 903A.5 is amended to provide that an inmate is 5 18 not to receive credit against a consecutive sentence for time 5 19 spent in jail prior to conviction for an escape or an offense 5 20 committed while the inmate was in a detention facility or 5 21 correctional institution. 5 22 Code section 904.108, which specifies the duties and powers 5 23 of the director of the department of corrections, is amended 5 24 to provide that the director is authorized to enter into 5 25 agreements to utilize mental health institutions and share 5 26 department of human services' staff in order to provide 5 27 habilitative and treatment services and other special needs 5 28 programs for inmates in the corrections institutions. 5 29 Code section 904.207 is amended to provide for notification 5 30 to the clerk of the district court of the amount of time 5 31 served by a criminal offender in the violator facility, in 5 32 order that the time spent may be credited against the original 5 33 sentence. 5 34 LSB 3314DP 77 5 35 lh/jw/5
Text: SSB02077 Text: SSB02079 Text: SSB02000 - SSB02099 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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