Text: HSB00553                          Text: HSB00555
Text: HSB00500 - HSB00599               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index



House Study Bill 554

Bill Text

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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