Text: SSB03054 Text: SSB03056 Text: SSB03000 - SSB03099 Text: SSB 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 court, upon hearing, grants the motion. 1 13 Sec. 2. Section 901.5A, subsections 2 and 3, Code 1 14 Supplement 1999, are amended to read as follows: 1 15 2. Upon a finding by the court that the defendant 1 16 cooperated in the prosecution of other persons or upon the 1 17 court granting a motion to reopen the sentence by the board of 1 18 parole and the department of corrections, the court may reduce 1 19 the maximum sentence imposed under the original sentencing 1 20 order. 1 21 3. For purposes of calculating good conduct time under 1 22 section 903A.2, the sentencing date for a defendant whose 1 23 sentence has been reopened under this section shall be the 1 24 date of the original sentencing order. If the original 1 25 sentence was subject to the maximum accumulation of good 1 26 conduct time of fifteen percent of the total sentence of 1 27 confinement under section 902.12, the maximum accumulation of 1 28 good conduct time on the new sentence of confinement shall be 1 29 fifteen percent of the new total sentence of confinement 1 30 imposed by the court upon reopening. 1 31 EXPLANATION 1 32 This bill provides for the reopening of a judgment and 1 33 sentence that is subject to the maximum accumulation of good 1 34 conduct time of 15 percent of the total sentence of 1 35 confinement which is also commonly known as an 85 percent 2 1 sentence. 2 2 Under the bill, an 85 percent sentence may be reopened upon 2 3 a motion by the board of parole and the department of 2 4 corrections if the original sentencing court grants the 2 5 motion. If the sentence is reopened, the court may resentence 2 6 the defendant and reduce the maximum sentence imposed in the 2 7 original sentencing order. If a defendant is resentenced to a 2 8 new maximum sentence, the maximum accumulation of good conduct 2 9 time remains at 15 percent of the new sentence. 2 10 LSB 5769XC 78 2 11 jm/cf/24
Text: SSB03054 Text: SSB03056 Text: SSB03000 - SSB03099 Text: SSB 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: Thu Feb 3 03:35:33 CST 2000
URL: /DOCS/GA/78GA/Legislation/SSB/03000/SSB03055/000202.html
jhf