Text: HSB00553 Text: HSB00555 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 902.11A TRIAL INFORMATION OR 1 2 INDICTMENT. 1 3 A prosecuting attorney charging a person with an offense 1 4 subject to the maximum accumulation of good conduct time of 1 5 fifteen percent of the total sentence of confinement under 1 6 section 902.12 shall include a statement to that effect in the 1 7 indictment or trial information. The court shall allow an 1 8 indictment or trial information to be amended to include the 1 9 statement. The statement shall not be read to a jury. If the 1 10 indictment or trial information does not include the 1 11 statement, the person charged is not subject to the maximum 1 12 accumulation of good conduct time of fifteen percent of the 1 13 total sentence of confinement under section 902.12. 1 14 Sec. 2. Section 902.12, unnumbered paragraph 1, Code 1999, 1 15 is amended to read as follows: 1 16 Except as otherwise provided in section 902.11A or 903A.2, 1 17 a person serving a sentence for conviction of the following 1 18 forcible felonies shall serve one hundred percent of the 1 19 maximum term of the person's sentence and shall not be 1 20 released on parole or work release: 1 21 Sec. 3. Section 903A.2, subsection 1, paragraphs a and b, 1 22 Code 1999, are amended to read as follows: 1 23 a. Category "A" sentences are those sentences which are 1 24 not subject to a maximum accumulation of good conduct time of 1 25 fifteen percent of the total sentence of confinement under 1 26 section 902.12, and which have not been prosecuted under 1 27 section 902.11A. To the extent provided in subsection 5, 1 28 category "A" sentences also include life sentences imposed 1 29 under section 902.1. An inmate of an institution under the 1 30 control of the department of corrections who is serving a 1 31 category "A" sentence is eligible for a reduction of sentence 1 32 equal to one day for each day of good conduct while committed 1 33 to one of the department's institutions. In addition, each 1 34 inmate who is serving a category "A" sentence is eligible for 1 35 an additional reduction of up to five days per month if the 2 1 inmate participates satisfactorily in any of the following 2 2 activities: 2 3 (1) Employment in the institution. 2 4 (2) Iowa state industries. 2 5 (3) An employment program established by the director. 2 6 (4) A treatment program established by the director. 2 7 (5) An inmate educational program approved by the 2 8 director. 2 9 b. Category "B" sentences are those sentences which are 2 10 subject to a maximum accumulation of good conduct time of 2 11 fifteen percent of the total sentence of confinement under 2 12 section 902.12, and which have been prosecuted under section 2 13 902.11A. An inmate of an institution under the control of the 2 14 department of corrections who is serving a category "B" 2 15 sentence is eligible for a reduction of sentence equal to 2 16 fifteen eighty-fifths of a day for each day of good conduct by 2 17 the inmate. 2 18 EXPLANATION 2 19 This bill creates a new Code section relating to criminal 2 20 sentences that are subject to the maximum accumulation of good 2 21 time credit of 15 percent of the total sentence or commonly 2 22 known as an 85 percent sentence. 2 23 The bill provides that the prosecuting attorney charging a 2 24 defendant with an offense that is subject to an 85 percent 2 25 sentence shall include a statement in the indictment or trial 2 26 information indicating the sentence is subject to an 85 2 27 percent sentence. If the prosecuting attorney does not 2 28 include a statement in the indictment or trial information 2 29 indicating that the offense is subject to an 85 percent 2 30 sentence, the offense is subject to the same maximum 2 31 accumulation of good conduct time as other offenses with the 2 32 same classification level. 2 33 LSB 5770YC 78 2 34 jm/gg/8
Text: HSB00553 Text: HSB00555 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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