Text: HSB00102                          Text: HSB00104
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 103

Bill Text

PAG LIN
  1  1    Section 1.  Section 321J.2, subsection 2, paragraph a,
  1  2 subparagraph (1), Code 1999, is amended to read as follows:
  1  3    (1)  Imprisonment in the county jail for not less than
  1  4 forty-eight hours, to be served as ordered by the court, less
  1  5 credit for any time the person was confined in a jail or
  1  6 detention facility following arrest served as provided in
  1  7 section 903A.5.  However, the court, in ordering service of
  1  8 the sentence and in its discretion, may accommodate the
  1  9 defendant's work schedule.
  1 10    Sec. 2.  Section 708.2A, subsection 6, paragraph b, Code
  1 11 1999, is amended to read as follows:
  1 12    b.  A person convicted of violating subsection 4 shall be
  1 13 sentenced as provided under section 902.9, subsection 4,
  1 14 committed to the custody of the director of the department of
  1 15 corrections, and shall be assessed a fine of at least seven
  1 16 hundred fifty dollars.  The person shall be denied parole or
  1 17 work release until the person has served a minimum of one year
  1 18 of the person's sentence.  Notwithstanding section 901.5,
  1 19 subsection 3, and section 907.3, subsection 3, the person
  1 20 cannot receive a suspended or deferred sentence or a deferred
  1 21 judgment; however, the person sentenced shall receive credit
  1 22 for any time the person was confined in a jail or detention
  1 23 facility following arrest as provided in section 903A.5.
  1 24    Sec. 3.  Section 903A.5, unnumbered paragraph 1, Code 1999,
  1 25 is amended to read as follows:
  1 26    An inmate shall not be discharged from the custody of the
  1 27 director of the Iowa department of corrections until the
  1 28 inmate has served the full term for which the inmate was
  1 29 sentenced, less good conduct time earned and not forfeited,
  1 30 unless the inmate is pardoned or otherwise legally released.
  1 31 Good conduct time earned and not forfeited shall apply to
  1 32 reduce a mandatory minimum sentence being served pursuant to
  1 33 section 124.406, 124.413, 902.7, 902.8, or 902.11.  An inmate
  1 34 shall be deemed to be serving the sentence from the day on
  1 35 which the inmate is received into the institution.  However,
  2  1 if If an inmate was confined to a county jail or other
  2  2 correctional or mental facility at any time prior to
  2  3 sentencing, or after sentencing but prior to the case having
  2  4 been decided on appeal, because of failure to furnish bail or
  2  5 because of being charged with a nonbailable offense, the
  2  6 inmate shall be given credit for the days already served upon
  2  7 the term of the sentence.  However, if an inmate is serving a
  2  8 sentence at a county jail, prison, or other correctional or
  2  9 mental facility and is subsequently charged with a new
  2 10 criminal offense, no credit for any days served before the
  2 11 date of conviction on the new offense shall be given to the
  2 12 inmate to reduce the sentence imposed on the new offense.  The
  2 13 sheriff of the county in which the inmate was confined shall
  2 14 certify to the clerk of the district court from which the
  2 15 inmate was sentenced the number of days so served which may be
  2 16 credited against the inmate's sentence.  The clerk of the
  2 17 district court shall forward a copy of the certification of
  2 18 the days served to the warden.
  2 19    Sec. 4.  Section 907.3, subsection 3, unnumbered paragraph
  2 20 1, Code 1999, is amended to read as follows:
  2 21    By record entry at the time of or after sentencing, the
  2 22 court may suspend the sentence and place the defendant on
  2 23 probation upon such terms and conditions as it may require
  2 24 including commitment to an alternate jail facility or a
  2 25 community correctional residential treatment facility for a
  2 26 specific number of days to be followed by a term of probation
  2 27 as specified in section 907.7, or commitment of the defendant
  2 28 to the judicial district department of correctional services
  2 29 for supervision or services under section 901B.1 at the level
  2 30 of sanctions which the district department determines to be
  2 31 appropriate and the payment of fees imposed under section
  2 32 905.14.  A person so committed who has probation revoked shall
  2 33 be given credit for such time served as provided in section
  2 34 903A.5.  However, the court shall not suspend any of the
  2 35 following sentences:  
  3  1                           EXPLANATION 
  3  2    This bill relates to the accrual of credit for time served
  3  3 for persons serving a sentence under the custody of the
  3  4 department of corrections at a jail or prison.  The bill
  3  5 amends Code section 903A.5 by eliminating credit that is given
  3  6 to a person who is charged with a new criminal offense for
  3  7 time served on an earlier offense.
  3  8    If a person is serving a sentence and the person is charged
  3  9 with a new offense, no credit for time served will start to
  3 10 accrue against the new offense until a conviction is entered
  3 11 of record on the new offense.
  3 12    The bill also amends Code sections 321J.2, 708.2A,
  3 13 subsection 6, paragraph "b", and 907.3, subsection 3, to
  3 14 correspond with the changes made regarding accrual of credit
  3 15 for time served in Code section 903A.5.  
  3 16 LSB 1224YC 78
  3 17 jm/jw/5

Text: HSB00102                          Text: HSB00104
Text: HSB00100 - HSB00199               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

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