Text: SSB03124 Text: SSB03126 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 610A.3, subsection 1, paragraphs a and 1 2 b, Code 1999, are amended to read as follows: 1 3 a. The loss of some or all of thegood conductearned time 1 4 credits acquired by the inmate or prisoner. Previous 1 5 dismissals under section 610A.2 may be considered in 1 6 determining the appropriate level of penalty. 1 7 b. If the inmate or prisoner has nogood conductearned 1 8 time credits to deduct, the order of the court or the 1 9 disciplinary hearing may deduct up to fifty percent of the 1 10 average balance of the inmate account under section 904.702 or 1 11 of any prisoner account. 1 12 Sec. 2. Section 901.5, subsection 9, paragraph a, Code 1 13 Supplement 1999, is amended to read as follows: 1 14 a. That the defendant's term of incarceration may be 1 15 reduced by as much as half of the maximum sentence because of 1 16 statutorygood conductearned time, work credits, and program 1 17 credits. 1 18 Sec. 3. Section 901.5A, subsection 3, Code Supplement 1 19 1999, is amended to read as follows: 1 20 3. For purposes of calculatinggood conductearned time 1 21 under section 903A.2, the sentencing date for a defendant 1 22 whose sentence has been reopened under this section shall be 1 23 the date of the original sentencing order. 1 24 Sec. 4. Section 903A.2, Code 1999, is amended to read as 1 25 follows: 1 26 903A.2 GOOD CONDUCT TIME. 1 27 1. Each inmate committed to the custody of the director of 1 28 the department of corrections is eligibleforto earn a 1 29 reduction of sentencefor good behaviorin the manner provided 1 30 in this section. For purposes of calculating the amount of 1 31 time by which an inmate's sentence may be reduced, inmates 1 32 shall be grouped into the following two sentencing categories: 1 33 a. Category "A" sentences are those sentences which are 1 34 not subject to a maximum accumulation ofgood conductearned 1 35 time of fifteen percent of the total sentence of confinement 2 1 under section 902.12. To the extent provided in subsection 5, 2 2 category "A" sentences also include life sentences imposed 2 3 under section 902.1. An inmate of an institution under the 2 4 control of the department of corrections who is serving a 2 5 category "A" sentence is eligible for a reduction of sentence 2 6 equal to one day for each day of good conduct while committed 2 7 to one of the department's institutions. In addition, each 2 8 inmate who is serving a category "A" sentence is eligible for 2 9 an additional reduction of up to five days per month if the 2 10 inmate participates satisfactorily in any of the following 2 11 activities: 2 12 (1) Employment in the institution. 2 13 (2) Iowa state industries. 2 14 (3) An employment program established by the director. 2 15 (4) A treatment program established by the director. 2 16 (5) An inmate educational program approved by the 2 17 director. 2 18 b. Category "B" sentences are those sentences which are 2 19 subject to a maximum accumulation ofgood conductearned time 2 20 of fifteen percent of the total sentence of confinement under 2 21 section 902.12. An inmate of an institution under the control 2 22 of the department of corrections who is serving a category "B" 2 23 sentence is eligible for a reduction of sentence equal to 2 24 fifteen eighty-fifths of a day for each day of good conduct by 2 25 the inmate. 2 26 2.Good conductEarned timeearnedaccrued pursuant to 2 27 this section may be forfeited in the manner prescribed in 2 28 section 903A.3. 2 29 3. Time served in a jail or another facility prior to 2 30 actual placement in an institution under the control of the 2 31 department of corrections and credited against the sentence by 2 32 the court shall accrue for the purpose of reduction of 2 33 sentence under this section. Time which elapses during an 2 34 escape shall not accrue for purposes of reduction of sentence 2 35 under this section. 3 1 4. Time which elapses between the date on which a person 3 2 is incarcerated, based upon a determination of the board of 3 3 parole that a violation of parole has occurred, and the date 3 4 on which the violation of parole was committed shall not 3 5 accrue for purposes of reduction of sentence under this 3 6 section. 3 7 5.Good conductEarned time accrued by inmates serving 3 8 life sentences imposed under section 902.1 shall not reduce 3 9 the life sentence, but shall be credited against the inmate's 3 10 sentence if the life sentence is commuted to a term of years 3 11 under section 902.2. 3 12 Sec. 5. Section 903A.3, subsections 1 and 3, Code 1999, 3 13 are amended to read as follows: 3 14 1. Upon finding that an inmate has violated an 3 15 institutional rule, or has had an action or appeal dismissed 3 16 under section 610A.2, the independent administrative law judge 3 17 may order forfeiture of any or allgood conductearned time 3 18earnedaccrued and not forfeited up to the date of the 3 19 violation by the inmate and may order forfeiture of any or all 3 20good conductearned timeearnedaccrued and not forfeited up 3 21 to the date the action or appeal is dismissed, unless the 3 22 court entered such an order under section 610A.3. The 3 23 independent administrative law judge has discretion within the 3 24 guidelines established pursuant to section 903A.4, to 3 25 determine the amount of time that should be forfeited based 3 26 upon the severity of the violation. Prior violations by the 3 27 inmate may be considered by the administrative law judge in 3 28 the decision. 3 29 3. The director of the Iowa department of corrections or 3 30 the director's designee, may restore all or any portion of 3 31 previously forfeitedgood conductearned time for acts of 3 32 heroism or for meritorious actions. The director shall 3 33 establish by rule the requirements as to which activities may 3 34 warrant the restoration ofgood conductearned time and the 3 35 amount ofgood conductearned time to be restored. 4 1 Sec. 6. Section 903A.4, Code 1999, is amended to read as 4 2 follows: 4 3 903A.4 POLICIES AND PROCEDURES. 4 4 The director of the Iowa department of corrections shall 4 5 develop policy and procedural rules to implement sections 4 6 903A.1 through 903A.3. The rules may specify disciplinary 4 7 offenses which may result in the loss ofgood conductearned 4 8 time, and the amount ofgood conductearned time which may be 4 9 lost as a result of each disciplinary offense. The director 4 10 shall establish rules as to what constitutes "satisfactory 4 11 participation" for purposes of additional reduction of 4 12 sentence under section 903A.3, for employment in the 4 13 institution, in Iowa state industries, in an inmate employment 4 14 program established by the director, or for participation in 4 15 an educational program approved by the director, when such 4 16 employment or programs are available. The rules shall specify 4 17 that earned time shall be calculated on a monthly basis as it 4 18 accrues and shall not reduce an inmate's sentence until the 4 19 earned time accrued less any earned time forfeited plus time 4 20 actually served by the inmate and any other credits earned and 4 21 not forfeited equals the length of the inmate's sentence. 4 22 Sec. 7. Section 903A.5, unnumbered paragraph 1, Code 4 23 Supplement 1999, is amended to read as follows: 4 24 An inmate shall not be discharged from the custody of the 4 25 director of the Iowa department of corrections until the 4 26 inmate has served the full term for which the inmate was 4 27 sentenced, lessgood conductearned time and other credits 4 28 earned and not forfeited, unless the inmate is pardoned or 4 29 otherwise legally released.Good conductEarned timeearned4 30 accrued and not forfeited shall apply to reduce a mandatory 4 31 minimum sentence being served pursuant to section 124.406, 4 32 124.413, 902.7, 902.8, 902.8A, or 902.11. An inmate shall be 4 33 deemed to be serving the sentence from the day on which the 4 34 inmate is received into the institution. If an inmate was 4 35 confined to a county jail or other correctional or mental 5 1 facility at any time prior to sentencing, or after sentencing 5 2 but prior to the case having been decided on appeal, because 5 3 of failure to furnish bail or because of being charged with a 5 4 nonbailable offense, the inmate shall be given credit for the 5 5 days already served upon the term of the sentence. However, 5 6 if a person commits any offense while confined in a county 5 7 jail or other correctional or mental health facility, the 5 8 person shall not be granted jail credit for that offense. 5 9 Unless the inmate was confined in a correctional facility, the 5 10 sheriff of the county in which the inmate was confined shall 5 11 certify to the clerk of the district court from which the 5 12 inmate was sentenced and to the department of corrections' 5 13 records administrator at the Iowa medical and classification 5 14 center the number of days so served. The department of 5 15 corrections' records administrator, or the administrator's 5 16 designee, shall apply jail credit as ordered by the court of 5 17 proper jurisdiction or as authorized by this section and 5 18 section 907.3, subsection 3, and shall forward a copy of the 5 19 number of days served to the clerk of the district court from 5 20 which the inmate was sentenced. 5 21 Sec. 8. Section 903A.7, Code 1999, is amended to read as 5 22 follows: 5 23 903A.7 SEPARATE SENTENCES. 5 24 Consecutive multiple sentences that are within the same 5 25 category under section 903A.2 shall be construed as one 5 26 continuous sentence for purposes of calculating reductions of 5 27 sentence forgood conductearned time. If a person is 5 28 sentenced to serve sentences of both categories, category "B" 5 29 sentences shall be served before category "A" sentences are 5 30 served, andgood conductearned timeearnedaccrued against 5 31 the category "B" sentences shall not be used to reduce the 5 32 category "A" sentences. If an inmate serving a category "A" 5 33 sentence is sentenced to serve a category "B" sentence, the 5 34 category "A" sentence shall be interrupted, and no further 5 35good conductearned time shall accrue against that sentence 6 1 until the category "B" sentence is completed. 6 2 EXPLANATION 6 3 This bill provides for the application of earned time 6 4 credits for persons serving a criminal sentence. 6 5 The bill changes the term "good conduct time" to "earned 6 6 time". The bill also provides that an inmate must earn each 6 7 reduction in the person's sentence. Under existing law, a 6 8 person shall earn one day credit off a sentence for each day 6 9 earned and shall also receive up to five days a month of 6 10 credit off a sentence, if the inmate satisfactorily 6 11 participates in institutional programming. Time earned 6 12 against the person's sentence may be forfeited at any time 6 13 prior to discharge if the inmate breaks institutional rules. 6 14 Additionally, the bill requires that earned time shall be 6 15 calculated on a monthly basis as it accrues and shall not be 6 16 used to reduce an inmate's sentence until the end of such 6 17 sentence. 6 18 LSB 5779XC 78 6 19 jm/cf/24
Text: SSB03124 Text: SSB03126 Text: SSB03100 - SSB03199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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