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PAG LIN
20 SENATE FILE 2276
30
50 AN ACT
70 RELATING TO THE APPLICATION OF EARNED TIME CREDITS AGAINST A
80 CRIMINAL SENTENCE AND PROVIDING AN EFFECTIVE DATE.
90
100 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
110
130 Section 1. Section 610A.3, subsection 1, paragraphs a and
140 b, Code 1999, are amended to read as follows:
150 a. The loss of some or all of the good conduct earned time
160 credits acquired by the inmate or prisoner. Previous
170 dismissals under section 610A.2 may be considered in
180 determining the appropriate level of penalty.
190 b. If the inmate or prisoner has no good conduct earned
200 time credits to deduct, the order of the court or the
210 disciplinary hearing may deduct up to fifty percent of the
220 average balance of the inmate account under section 904.702 or
230 of any prisoner account.
240 Sec. 2. Section 901.5, subsection 9, paragraph a, Code
250 1999, is amended to read as follows:
260 a. That the defendant's term of incarceration may be
270 reduced by as much as half of from the maximum sentence
280 because of statutory good conduct earned time, work credits,
290 and program credits.
300 Sec. 3. Section 901.5A, subsection 3, Code Supplement
310 1999, is amended to read as follows:
320 3. For purposes of calculating good conduct earned time
330 under section 903A.2, the sentencing date for a defendant
340 whose sentence has been reopened under this section shall be
350 the date of the original sentencing order.
360 Sec. 4. Section 903A.2, Code 1999, is amended to read as
370 follows:
380 903A.2 GOOD CONDUCT TIME EARNED TIME.
390 1. Each inmate committed to the custody of the director of
400 the department of corrections is eligible for to earn a
410 reduction of sentence for good behavior in the manner provided
420 in this section. For purposes of calculating the amount of
430 time by which an inmate's sentence may be reduced, inmates
440 shall be grouped into the following two sentencing categories:
450 a. Category "A" sentences are those sentences which are
460 not subject to a maximum accumulation of good conduct earned
470 time of fifteen percent of the total sentence of confinement
480 under section 902.12. To the extent provided in subsection 5,
490 category "A" sentences also include life sentences imposed
500 under section 902.1. An inmate of an institution under the
510 control of the department of corrections who is serving a
520 category "A" sentence is eligible for a reduction of sentence
530 equal to one day for each day of good conduct while committed
540 to one of the department's institutions. In addition, each
550 inmate who is serving a category "A" sentence is eligible for
560 an additional reduction of up to five days per month if the
570 inmate participates satisfactorily in any of the following
580 activities equal to one and two-tenths days for each day the
590 inmate demonstrates good conduct and satisfactorily
600 participates in any program or placement status identified by
610 the director to earn the reduction. The programs include but
620 are not limited to the following:
630 (1) Employment in the institution.
640 (2) Iowa state industries.
650 (3) An employment program established by the director.
660 (4) A treatment program established by the director.
670 (5) An inmate educational program approved by the
680 director.
690 b. Category "B" sentences are those sentences which are
700 subject to a maximum accumulation of good conduct earned time
710 of fifteen percent of the total sentence of confinement under
720 section 902.12. An inmate of an institution under the control
730 of the department of corrections who is serving a category "B"
740 sentence is eligible for a reduction of sentence equal to
750 fifteen eighty-fifths of a day for each day of good conduct by
760 the inmate.
770 2. Good conduct Earned time earned accrued pursuant to
780 this section may be forfeited in the manner prescribed in
790 section 903A.3.
800 3. Time served in a jail or another facility prior to
810 actual placement in an institution under the control of the
820 department of corrections and credited against the sentence by
830 the court shall accrue for the purpose of reduction of
840 sentence under this section. Time which elapses during an
850 escape shall not accrue for purposes of reduction of sentence
860 under this section.
870 4. Time which elapses between the date on which a person
880 is incarcerated, based upon a determination of the board of
890 parole that a violation of parole has occurred, and the date
900 on which the violation of parole was committed shall not
910 accrue for purposes of reduction of sentence under this
920 section.
930 5. Good conduct Earned time accrued by inmates serving
940 life sentences imposed under section 902.1 shall not reduce
950 the life sentence, but shall be credited against the inmate's
960 sentence if the life sentence is commuted to a term of years
970 under section 902.2.
980 Sec. 5. Section 903A.3, subsections 1 and 3, Code 1999,
990 are amended to read as follows:
1000 1. Upon finding that an inmate has violated an
1010 institutional rule, or has had an action or appeal dismissed
1020 under section 610A.2, the independent administrative law judge
1030 may order forfeiture of any or all good conduct earned time
1040 earned accrued and not forfeited up to the date of the
1050 violation by the inmate and may order forfeiture of any or all
1060 good conduct earned time earned accrued and not forfeited up
1070 to the date the action or appeal is dismissed, unless the
1080 court entered such an order under section 610A.3. The
1090 independent administrative law judge has discretion within the
1100 guidelines established pursuant to section 903A.4, to
1110 determine the amount of time that should be forfeited based
1120 upon the severity of the violation. Prior violations by the
1130 inmate may be considered by the administrative law judge in
1140 the decision.
1150 3. The director of the Iowa department of corrections or
1160 the director's designee, may restore all or any portion of
1170 previously forfeited good conduct earned time for acts of
1180 heroism or for meritorious actions. The director shall
1190 establish by rule the requirements as to which activities may
1200 warrant the restoration of good conduct earned time and the
1210 amount of good conduct earned time to be restored.
1220 Sec. 6. Section 903A.4, Code 1999, is amended to read as
1230 follows:
1240 903A.4 POLICIES AND PROCEDURES.
1250 The director of the Iowa department of corrections shall
1260 develop policy and procedural rules to implement sections
1270 903A.1 through 903A.3. The rules may specify disciplinary
1280 offenses which may result in the loss of good conduct earned
1290 time, and the amount of good conduct earned time which may be
1300 lost as a result of each disciplinary offense. The director
1310 shall establish rules as to what constitutes "satisfactory
1320 participation" for purposes of additional a reduction of
1330 sentence under section 903A.3, for employment in the
1340 institution, in Iowa state industries, in an inmate employment
1350 program established by the director, or for participation in
1360 an educational program approved by the director, when such
1370 employment or programs are available sentence under section
1380 903A.2, for programs that are available or unavailable. The
1390 rules shall specify that earned time shall be calculated on a
1400 monthly basis as it accrues. The department shall generate an
1410 earned time report for each inmate which shall include the
1420 amount of actual time served, the number of earned time
1430 credits which have not been lost or forfeited, and the amount
1440 of time remaining on an inmate's sentence.
1450 Sec. 7. Section 903A.5, unnumbered paragraph 1, Code
1460 Supplement 1999, is amended to read as follows:
1470 An inmate shall not be discharged from the custody of the
1480 director of the Iowa department of corrections until the
1490 inmate has served the full term for which the inmate was
1500 sentenced, less good conduct earned time and other credits
1510 earned and not forfeited, unless the inmate is pardoned or
1520 otherwise legally released. Good conduct Earned time earned
1530 accrued and not forfeited shall apply to reduce a mandatory
1540 minimum sentence being served pursuant to section 124.406,
1550 124.413, 902.7, 902.8, 902.8A, or 902.11. An inmate shall be
1560 deemed to be serving the sentence from the day on which the
1570 inmate is received into the institution. If an inmate was
1580 confined to a county jail or other correctional or mental
1590 facility at any time prior to sentencing, or after sentencing
1600 but prior to the case having been decided on appeal, because
1610 of failure to furnish bail or because of being charged with a
1620 nonbailable offense, the inmate shall be given credit for the
1630 days already served upon the term of the sentence. However,
1640 if a person commits any offense while confined in a county
1650 jail or other correctional or mental health facility, the
1660 person shall not be granted jail credit for that offense.
1670 Unless the inmate was confined in a correctional facility, the
1680 sheriff of the county in which the inmate was confined shall
1690 certify to the clerk of the district court from which the
1700 inmate was sentenced and to the department of corrections'
1710 records administrator at the Iowa medical and classification
1720 center the number of days so served. The department of
1730 corrections' records administrator, or the administrator's
1740 designee, shall apply jail credit as ordered by the court of
1750 proper jurisdiction or as authorized by this section and
1760 section 907.3, subsection 3, and shall forward a copy of the
1770 number of days served to the clerk of the district court from
1780 which the inmate was sentenced.
1790 Sec. 8. Section 903A.7, Code 1999, is amended to read as
1800 follows:
1810 903A.7 SEPARATE SENTENCES.
1820 Consecutive multiple sentences that are within the same
1830 category under section 903A.2 shall be construed as one
1840 continuous sentence for purposes of calculating reductions of
1850 sentence for good conduct earned time. If a person is
1860 sentenced to serve sentences of both categories, category "B"
1870 sentences shall be served before category "A" sentences are
1880 served, and good conduct earned time earned accrued against
1890 the category "B" sentences shall not be used to reduce the
1900 category "A" sentences. If an inmate serving a category "A"
1910 sentence is sentenced to serve a category "B" sentence, the
1920 category "A" sentence shall be interrupted, and no further
1930 good conduct earned time shall accrue against that sentence
1940 until the category "B" sentence is completed.
1950 Sec. 9. CONVERSION OF GOOD CONDUCT TIME. On the effective
1960 date of this Act, the department shall convert the existing
1970 accrued good conduct time and other accrued reductions on each
1980 inmate's sentence to earned time. An inmate's sentence shall
1990 be credited with one day of earned time for every one day of
2000 reduction credited under section 903A.2 and not lost or
2010 forfeited under section 903A.3. The earned time credited to
2020 an inmate's sentence shall equal the amount of good conduct
2030 time or other reductions credited which have not been lost or
2040 forfeited prior to January 1, 2001. The department shall
2050 provide an inmate with the number of earned time credits which
2060 have been applied to the inmate's sentence as a result of the
2070 conversion by February 1, 2001.
2080 Sec. 10. EFFECTIVE DATE. This Act takes effect on January
2090 1, 2001.
2110
2120
2130
2140 MARY E. KRAMER
2150 President of the Senate
2160
2170
2180
2190 BRENT SIEGRIST
2200 Speaker of the House
2210
2220 I hereby certify that this bill originated in the Senate and
2230 is known as Senate File 2276, Seventy-eighth General Assembly.
2240
2250
2260
2270 MICHAEL E. MARSHALL
2280 Secretary of the Senate
2290 Approved , 2000
2300
2310
2320
2330 THOMAS J. VILSACK
2340 Governor
Text: SF02275 Text: SF02277 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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