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Senate Study Bill 2218

Bill Text

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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