Text: HSB00712 Text: HSB00714 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 704.8, Code 1999, is amended to read as 1 2 follows: 1 3 704.8 ESCAPE FROM PLACE OF CONFINEMENT. 1 4 A correctional officer or peace officer is justified in 1 5 using reasonable force, including deadly force, which is 1 6 necessary to prevent the escape of any person from any jail, 1 7 penal institution, correctional facility, or similar place of 1 8 confinement, or place of trial or other judicial proceeding, 1 9 or to prevent the escape from custody of any person who is 1 10 being transported from any such place of confinement, trial or 1 11 judicial proceeding to any other such place, except that 1 12 deadly forcemayshall not be used to prevent the escape of 1 13 one who the correctional officer or peace officer knowsor1 14should knowis confined on a charge or conviction of any class 1 15 of misdemeanor. 1 16 Sec. 2. Section 719.4, Code Supplement 1999, is amended by 1 17 adding the following new subsection: 1 18 NEW SUBSECTION. 5. Except for subsection 4, an offense 1 19 committed under this section includes any offense committed 1 20 wholly outside the state. 1 21 Sec. 3. Section 803.1, subsection 1, Code 1999, is amended 1 22 by adding the following new paragraph after paragraph c: 1 23 NEW PARAGRAPH. cc. The offense is based upon a statute 1 24 that specifically prohibits conduct wholly outside of the 1 25 state, and the conduct bears a reasonable relation to a 1 26 legitimate state interest, and the person knows or should know 1 27 that the conduct is likely to affect that interest. 1 28 Sec. 4. Section 903A.2, subsection 1, paragraph a, 1 29 unnumbered paragraph 1, Code 1999, is amended to read as 1 30 follows: 1 31 Category "A" sentences are those sentences which are not 1 32 subject to a maximum accumulation of good conduct time of 1 33 fifteen percent of the total sentence of confinement under 1 34 section 902.12. To the extent provided in subsection 5, 1 35 category "A" sentences also include life sentences imposed 2 1 under section 902.1. An inmate of an institution under the 2 2 control of the department of corrections who is serving a 2 3 category "A" sentence is eligible for a reduction of sentence 2 4 equal to one day for each day of good conduct while committed 2 5 to one of the department's institutions. An inmate serving a 2 6 category "A" sentence may also earn additional good conduct 2 7 time under section 903A.3 for acts of heroism or for 2 8 meritorious actions. In addition, each inmate who is serving 2 9 a category "A" sentence is eligible for an additional 2 10 reduction of up to five days per month if the inmate 2 11 participates satisfactorily in any of the following 2 12 activities: 2 13 Sec. 5. Section 903A.3, Code 1999, is amended to read as 2 14 follows: 2 15 903A.3LOSS OR FORFEITURE OFGOOD CONDUCT TIME – 2 16 AWARDING, LOSS, OR FORFEITURE. 2 17 1. Upon finding that an inmate has violated an 2 18 institutional rule, or has had an action or appeal dismissed 2 19 under section 610A.2, the independent administrative law judge 2 20 may order forfeiture of any or all good conduct time earned 2 21 and not forfeited up to the date of the violation by the 2 22 inmate and may order forfeiture of any or all good conduct 2 23 time earned and not forfeited up to the date the action or 2 24 appeal is dismissed, unless the court entered such an order 2 25 under section 610A.3. The independent administrative law 2 26 judge has discretion within the guidelines established 2 27 pursuant to section 903A.4, to determine the amount of time 2 28 that should be forfeited based upon the severity of the 2 29 violation. Prior violations by the inmate may be considered 2 30 by the administrative law judge in the decision. 2 31 2. The orders of the administrative law judge are subject 2 32 to appeal to the superintendent or warden of the institution, 2 33 or the superintendent's or warden's designee, who may either 2 34 affirm, modify, remand for correction of procedural errors, or 2 35 reverse an order. However, sanctions shall not be increased 3 1 on appeal. A decision of the superintendent, warden, or 3 2 warden's designee is subject to review by the director of the 3 3 Iowa department of corrections or the director's designee who 3 4 may either affirm, modify, remand for correction of procedural 3 5 errors, or reverse the decision. However, sanctions shall not 3 6 be increased on review. 3 7 3. The director of the Iowa department of corrections or 3 8 the director's designee, may restore all or any portion of 3 9 previously forfeited good conduct time for acts of heroism or 3 10 for meritorious actions. The director or the director's 3 11 designee may also award additional good conduct time to an 3 12 inmate serving a category "A" sentence for acts of heroism or 3 13 for meritorious actions if the inmate has not had any good 3 14 conduct time previously forfeited. The director shall 3 15 establish by rule the requirements as to which activities may 3 16 warrant the restoration of good conduct time and the amount of 3 17 good conduct time to be restored. 3 18 4. The inmate disciplinary procedure, including but not 3 19 limited to the method of awarding or forfeiting time pursuant 3 20 to this chapter, is not a contested case subject to chapter 3 21 17A. 3 22 Sec. 6. Section 903A.5, unnumbered paragraph 2, Code 3 23 Supplement 1999, is amended to read as follows: 3 24 An inmate shall not receive credit upon the inmate's 3 25 sentence for time spent in custody in another state resisting 3 26 return to Iowa following an escape, or for time served. 3 27 However, an inmate shall receive credit upon the inmate's 3 28 sentence while incarcerated in an institution or jail of 3 29 another jurisdiction during any period of time the person is 3 30 receiving credit upon a sentence of that other jurisdiction. 3 31 EXPLANATION 3 32 This bill relates to the criminal jurisdiction of the state 3 33 and to the incarceration of inmates. 3 34 The bill amends Code section 704.8 to provide that a 3 35 correctional or peace officer may use reasonable force, 4 1 including deadly force, against an inmate attempting to escape 4 2 unless the officer knows the inmate is confined due to a 4 3 misdemeanor charge or conviction. Under existing law, the 4 4 officer is prohibited from using deadly force to prevent an 4 5 escape of an inmate if the officer knows or should know the 4 6 inmate is confined due to a misdemeanor charge or conviction. 4 7 The bill amends Code section 719.4 regarding the criminal 4 8 offense of escape or absence from custody. The bill provides 4 9 that an escape or absence from custody that occurs outside the 4 10 state may be prosecuted in this state. Existing law does not 4 11 provide for the prosecution of Iowa offenders for escape or 4 12 absence from custody if the offense occurred outside the 4 13 state. 4 14 The bill amends Code section 803.1 concerning the state's 4 15 criminal jurisdiction. The bill provides that a criminal 4 16 offense committed outside the state may be prosecuted in this 4 17 state if the following apply: a statute specifically 4 18 prohibits the conduct outside the state; there is a legitimate 4 19 state interest; and the offender knew or should know that the 4 20 offense would affect that state interest. Existing law 4 21 generally permits the state to only prosecute an offender who 4 22 committed an offense that occurred at least partly in this 4 23 state. 4 24 The bill amends Code sections 903A.2 and 903A.3 which 4 25 provide that additional good time may be awarded by the 4 26 director of the department of corrections for acts of heroism 4 27 or for meritorious actions by an inmate if the inmate has not 4 28 previously had good conduct time forfeited. The bill also 4 29 provides that an order of an administrative law judge 4 30 concerning loss of good conduct time may be reviewed by the 4 31 director of the department of correction's designee. Existing 4 32 law limits the review of loss of good conduct time to the 4 33 director. 4 34 The bill amends Code section 903A.5 to provide that an 4 35 inmate incarcerated in another jurisdiction shall receive 5 1 credit upon the inmate's Iowa sentence if the inmate is 5 2 receiving credit upon a sentence in that other jurisdiction. 5 3 Generally, an inmate would receive one day of credit on the 5 4 inmate's Iowa sentence for one day served in the other 5 5 jurisdiction. Existing law prohibits an inmate who is 5 6 incarcerated in another jurisdiction from receiving credit 5 7 upon the inmate's Iowa sentence if the inmate is also 5 8 receiving credit upon the inmate's sentence in the other 5 9 jurisdiction. 5 10 LSB 5682DP 78 5 11 jm/gg/8.1
Text: HSB00712 Text: HSB00714 Text: HSB00700 - HSB00799 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
© 2000 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Tue Feb 22 03:35:45 CST 2000
URL: /DOCS/GA/78GA/Legislation/HSB/00700/HSB00713/000221.html
jhf