Text: SSB02217 Text: SSB02219 Text: SSB02200 - SSB02299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE CONCURRENT RESOLUTION NO. ___ 1 2 BY (PROPOSED COMMITTEE ON JUDICIARY RESOLUTION 1 3 BY CHAIRPERSON McKEAN) 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 unprecedented 1 7 growth in its correctional populations, including an 1 8 approximate 73 percent growth in prison populations since 1 9 1990, an approximate 76 percent growth in county jail 1 10 populations since 1990, and an approximate 52 percent growth 1 11 in community-based corrections populations since 1990; and 1 12 WHEREAS, during the past decade policymakers have enhanced 1 13 Iowa's indeterminate sentencing structure with various 1 14 determinate sentencing mechanisms, such as mandatory minimum 1 15 penalties, alternative maximum penalties, and mandatory 1 16 service of sentence requirements; and 1 17 WHEREAS, given the growth of correctional populations and 1 18 the kinds of changes which have been made in sentencing 1 19 practices, a comprehensive review of sentencing policies and 1 20 the impact of those policies on sentencing practices would 1 21 provide information that would help future general assemblies 1 22 assess the impact of sentencing policy decisions on 1 23 correctional resources and public safety; and 1 24 WHEREAS, approximately 20 states have engaged in a 1 25 sentencing reform process, several of which have allowed those 1 26 states to better manage existing correctional resources, 1 27 project future correctional needs, engage in long range 1 28 correctional budget planning, and provide a sanctioning system 1 29 that apportions severity and length of punishment based on the 1 30 nature and risk posed by the offense committed; NOW THEREFORE, 1 31 BE IT RESOLVED BY THE SENATE, THE HOUSE OF REPRESENTATIVES 1 32 CONCURRING, That the Legislative Council is requested to 1 33 establish a commission to review current criminal penalties 1 34 and sentencing practices, including but not limited to the 1 35 effects of mandatory minimum penalties and mandatory service 2 1 of sentence requirements on sentencing practices, and the 2 2 effects that those sentencing practices and restrictions on 2 3 Board of Parole discretion have on populations at state and 2 4 community-based correctional facilities, as well as the 2 5 numbers of persons on probation and parole. The commission 2 6 should also conduct a comparative assessment of the relative 2 7 penalties imposed for various crimes based not only on the 2 8 threat posed by the prohibited criminal conduct, but also by 2 9 the risk generally associated with criminal offenders. The 2 10 commission should also review the efforts of other states to 2 11 implement reforms of sentencing policy which permit the 2 12 effective management of correctional resources while 2 13 accommodating public safety concerns. The commission should 2 14 prepare a report containing any conclusions and 2 15 recommendations and submit the report to the Legislative 2 16 Council or a committee of the Legislative Council during the 2 17 interim period which commences in 1999. 2 18 BE IT FURTHER RESOLVED, That the commission consist of 20 2 19 members as follows: 2 20 1. Six members of the General Assembly, to be selected as 2 21 follows: 2 22 a. Three members from the House of Representatives, two of 2 23 whom shall be selected by the Speaker of the House of 2 24 Representative and one of whom shall be selected by the 2 25 Minority Leader of the House. 2 26 b. Three members from the Senate, two of whom shall be 2 27 selected by the Majority Leader of the Senate and one of whom 2 28 shall be selected by the Minority Leader of the Senate. 2 29 2. Three of the following members of the judicial branch, 2 30 to be selected by the Supreme Court: 2 31 a. One district court judge. 2 32 b. One supreme court justice. 2 33 c. One court administrator. 2 34 3. The Attorney General or the Attorney General's 2 35 designee. 3 1 4. A county attorney, to be selected by an organization 3 2 which represents county attorneys. 3 3 5. A representative of the office of the State Public 3 4 Defender. 3 5 6. A noncontract criminal defense attorney, to be selected 3 6 by the Iowa State Bar Association. 3 7 7. Two members of the general public, to be selected by 3 8 the Governor. 3 9 8. A director of a judicial district department of 3 10 correctional services to be selected by agreement of the 3 11 directors of the judicial district departments of correctional 3 12 services. 3 13 9. The Director of the Department of Corrections or the 3 14 Director's designee. 3 15 10. A representative of the Iowa Board of Parole. 3 16 11. A victim rights advocate to be selected by the 3 17 Governor. 3 18 12. The Commissioner of Public Safety or the 3 19 Commissioner's Designee. 3 20 The Commissioner of Public Safety, or the commissioner's 3 21 designee, is designated to act as the temporary chairperson of 3 22 the commission for purposes of convening the initial meeting 3 23 of the commission. 3 24 BE IT FURTHER RESOLVED, That, if federal or private funds 3 25 are obtained, the commission may contract with one or more 3 26 consultants or experts who are qualified to assist in the 3 27 gathering of data and development and use of models for the 3 28 projection of the impact of changes in sentencing policy on 3 29 jail, community-based corrections, and prison populations. 3 30 BE IT FURTHER RESOLVED, That the commission seek assistance 3 31 from the Iowa Division of Criminal and Juvenile Justice 3 32 Planning, the Department of Corrections, and other appropriate 3 33 state and local agencies in the collection and organization of 3 34 information pertaining to prison and community-based 3 35 correctional resources and sentencing practices. 4 1 LSB 4422SC 77 4 2 lh/cf/24
Text: SSB02217 Text: SSB02219 Text: SSB02200 - SSB02299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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