Text: SF02281 Text: SF02283 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 901.5A, Code Supplement 1999, is
1 2 amended by adding the following new subsection:
1 3 NEW SUBSECTION. 1A. A defendant may have a judgment and
1 4 sentence entered under section 901.5 reopened for resentencing
1 5 if the following apply:
1 6 a. The sentence of the defendant is subject to a maximum
1 7 accumulation of good conduct time of fifteen percent of the
1 8 total sentence of confinement under section 902.12.
1 9 b. The board of parole and the department of corrections
1 10 file a motion in the sentencing court to reopen the sentence
1 11 of the defendant.
1 12 c. The county attorney from the county which prosecuted
1 13 the defendant is served a copy of the motion to reopen by
1 14 certified mail. The motion shall specify the county attorney
1 15 has thirty days to consult with the victim if possible and to
1 16 file a written objection.
1 17 d. The court, upon hearing, grants the motion.
1 18 Sec. 2. Section 901.5A, subsections 2 and 3, Code
1 19 Supplement 1999, are amended to read as follows:
1 20 2. Upon a finding by the court that the defendant
1 21 cooperated in the prosecution of other persons or upon the
1 22 court granting a motion to reopen the sentence by the board of
1 23 parole and the department of corrections, the court may reduce
1 24 the maximum sentence imposed under the original sentencing
1 25 order.
1 26 3. For purposes of calculating good conduct time under
1 27 section 903A.2, the sentencing date for a defendant whose
1 28 sentence has been reopened under this section shall be the
1 29 date of the original sentencing order. If the original
1 30 sentence was subject to the maximum accumulation of good
1 31 conduct time of fifteen percent of the total sentence of
1 32 confinement under section 902.12, the maximum accumulation of
1 33 good conduct time on the new sentence of confinement shall be
1 34 fifteen percent of the new total sentence of confinement
1 35 imposed by the court upon reopening. Any good conduct time
2 1 accumulated on the original sentence shall be credited to the
2 2 new sentence upon reopening.
2 3 EXPLANATION
2 4 This bill provides for the reopening of a judgment and
2 5 sentence that is subject to the maximum accumulation of good
2 6 conduct time of 15 percent of the total sentence of
2 7 confinement which is also commonly known as an 85 percent
2 8 sentence.
2 9 Under the bill, an 85 percent sentence may be reopened upon
2 10 a motion by the board of parole and the department of
2 11 corrections if the original sentencing court grants the
2 12 motion. The county attorney from the county which prosecuted
2 13 the defendant may, after consulting with the victim if the
2 14 victim can be found, file an objection to the motion to
2 15 reopen. If the sentence is reopened, the court may resentence
2 16 the defendant and reduce the maximum sentence imposed in the
2 17 original sentencing order. If a defendant is resentenced to a
2 18 new maximum sentence, the maximum accumulation of good conduct
2 19 time remains at 15 percent of the new sentence.
2 20 LSB 5769SV 78
2 21 jm/cf/24
Text: SF02281 Text: SF02283 Text: SF02200 - SF02299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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