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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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