Text: HF02454 Text: HF02456 Text: HF02400 - HF02499 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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.3LOSS OR FORFEITURE OFGOOD 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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