Text: HF02454                           Text: HF02456
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House File 2455

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 903A.2, subsection 1, paragraph a,
  1  2 unnumbered paragraph 1, Code 1999, is amended to read as
  1  3 follows:
  1  4    Category "A" sentences are those sentences which are not
  1  5 subject to a maximum accumulation of good conduct time of
  1  6 fifteen percent of the total sentence of confinement under
  1  7 section 902.12.  To the extent provided in subsection 5,
  1  8 category "A" sentences also include life sentences imposed
  1  9 under section 902.1.  An inmate of an institution under the
  1 10 control of the department of corrections who is serving a
  1 11 category "A" sentence is eligible for a reduction of sentence
  1 12 equal to one day for each day of good conduct while committed
  1 13 to one of the department's institutions.  An inmate serving a
  1 14 category "A" sentence may also earn additional good conduct
  1 15 time under section 903A.3 for acts of heroism or for
  1 16 meritorious actions.  In addition, each inmate who is serving
  1 17 a category "A" sentence is eligible for an additional
  1 18 reduction of up to five days per month if the inmate
  1 19 participates satisfactorily in any of the following
  1 20 activities:
  1 21    Sec. 2.  Section 903A.3, Code 1999, is amended to read as
  1 22 follows:
  1 23    903A.3  LOSS OR FORFEITURE OF GOOD CONDUCT TIME 
  1 24 AWARDING, LOSS, OR FORFEITURE.
  1 25    1.  Upon finding that an inmate has violated an
  1 26 institutional rule, or has had an action or appeal dismissed
  1 27 under section 610A.2, the independent administrative law judge
  1 28 may order forfeiture of any or all good conduct time earned
  1 29 and not forfeited up to the date of the violation by the
  1 30 inmate and may order forfeiture of any or all good conduct
  1 31 time earned and not forfeited up to the date the action or
  1 32 appeal is dismissed, unless the court entered such an order
  1 33 under section 610A.3.  The independent administrative law
  1 34 judge has discretion within the guidelines established
  1 35 pursuant to section 903A.4, to determine the amount of time
  2  1 that should be forfeited based upon the severity of the
  2  2 violation.  Prior violations by the inmate may be considered
  2  3 by the administrative law judge in the decision.
  2  4    2.  The orders of the administrative law judge are subject
  2  5 to appeal to the superintendent or warden of the institution,
  2  6 or the superintendent's or warden's designee, who may either
  2  7 affirm, modify, remand for correction of procedural errors, or
  2  8 reverse an order.  However, sanctions shall not be increased
  2  9 on appeal.  A decision of the superintendent, warden, or
  2 10 warden's designee is subject to review by the director of the
  2 11 Iowa department of corrections or the director's designee who
  2 12 may either affirm, modify, remand for correction of procedural
  2 13 errors, or reverse the decision.  However, sanctions shall not
  2 14 be increased on review.
  2 15    3.  The director of the Iowa department of corrections or
  2 16 the director's designee, may restore all or any portion of
  2 17 previously forfeited good conduct time for acts of heroism or
  2 18 for meritorious actions.  The director or the director's
  2 19 designee may also award additional good conduct time to an
  2 20 inmate serving a category "A" sentence for acts of heroism or
  2 21 for meritorious actions if the inmate has not had any good
  2 22 conduct time previously forfeited.  The director shall
  2 23 establish by rule the requirements as to which activities may
  2 24 warrant the awarding or restoration of good conduct time and
  2 25 the amount of good conduct time to be awarded or restored.
  2 26    4.  The inmate disciplinary procedure, including but not
  2 27 limited to the method of awarding or forfeiting time pursuant
  2 28 to this chapter, is not a contested case subject to chapter
  2 29 17A.  
  2 30                           EXPLANATION 
  2 31    This bill relates to awarding, loss, or forfeiture of good
  2 32 conduct time.
  2 33    The bill amends Code sections 903A.2 and 903A.3 which
  2 34 provide that additional good conduct time may be awarded by
  2 35 the director of the department of corrections for acts of
  3  1 heroism or for meritorious actions by an inmate if the inmate
  3  2 has not previously had good conduct time forfeited.  The bill
  3  3 also provides that an order of an administrative law judge or
  3  4 superintendent or warden concerning loss or forfeiture of good
  3  5 conduct time may be reviewed by the director of the department
  3  6 of corrections' designee.  Existing law limits the review of
  3  7 loss or forfeiture of good conduct time to the director.  
  3  8 LSB 5682HV 78
  3  9 jm/gg/8
     

Text: HF02454                           Text: HF02456
Text: HF02400 - HF02499                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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