Text: HF00524 Text: HF00526 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 709.8, unnumbered paragraph 2, Code 1 2 2001, is amended to read as follows: 1 3 Any person who violates a provision of this section shall, 1 4 upon conviction, be guilty of a class "D" felony.A person1 5who violates a provision of this section and who is sentenced1 6to a term of confinement shall also be sentenced to an1 7additional term of parole or work release not to exceed two1 8years. The board of parole shall determine whether the person1 9should be released on parole or placed in a work release1 10program. The sentence of an additional term of parole or work1 11release supervision shall commence immediately upon the1 12expiration of the preceding sentence and shall be under the1 13terms and conditions as set out in chapter 906. Violations of1 14parole or work release shall be subject to the procedures set1 15out in chapter 905 or 908 or rules adopted under those1 16chapters. The sentence of an additional term of parole or1 17work release shall be consecutive to the original term of1 18confinement.1 19 Sec. 2. Section 901.5, Code 2001, is amended by adding the 1 20 following new subsection: 1 21 NEW SUBSECTION. 13. In addition to any sentence or other 1 22 penalty imposed against the defendant, the court shall 1 23 sentence the defendant to an additional term of years if 1 24 required under chapter 901A, or section 902.13 or 903.2A. 1 25 Sec. 3. Section 901A.2, subsection 7, Code 2001, is 1 26 amended to read as follows: 1 27 7. In addition to any other sentence imposed on a person 1 28 convicted of a sexually predatory offense pursuant to 1 29 subsection 1, 2, or 3, the person shall be sentenced to an 1 30 additional indeterminate term ofparole or work releaseyears 1 31 not to exceed two years. The board of parole shall determine 1 32 whether the person should be released on parole or placed in a 1 33 work release program.The sentence of parole supervision1 34shall commence immediately upon the person's release by the1 35board of parole and shall be under theWhen a person commences 2 1 service of the additional term of years, the person shall 2 2 initially be released by the board of parole subject to the 2 3 terms and conditions as set out in chapter 906. Violations of 2 4parole or work releaseterms and conditions of release shall 2 5 be subject to the procedures set out in chapter 905 or 908 or 2 6 rules adopted under those chapters.For purposes of2 7disposition of a parole violator upon revocation of parole or2 8work release, the sentence of an additional term of parole or2 9work release shall be considered part of the original term of2 10commitment to the department of corrections.2 11 Sec. 4. NEW SECTION. 902.13 ADDITIONAL TERM OF YEARS – 2 12 FELONIES. 2 13 A person who is convicted of a felony under chapter 709, or 2 14 under section 692A.7, 708.2A, 708.11, or 726.2, and who is 2 15 committed to the custody of the director of the department of 2 16 corrections to serve a term of confinement shall also be 2 17 sentenced to an additional indeterminate term of years not to 2 18 exceed two years. The board of parole shall determine whether 2 19 the person should be released on parole or placed in a work 2 20 release program. When a person commences service of the 2 21 additional term of years, the person shall initially be 2 22 released by the board of parole subject to the terms and 2 23 conditions set out in chapter 906. Violations of the terms 2 24 and conditions of release shall be subject to the procedures 2 25 set out in chapter 905 or 908 or rules adopted under those 2 26 chapters. The sentence of an additional term of years shall 2 27 be consecutive to the original term of confinement. 2 28 Sec. 5. NEW SECTION. 903.2A ADDITIONAL TERM OF YEARS – 2 29 MISDEMEANORS. 2 30 A person who is convicted of an aggravated misdemeanor 2 31 under chapter 709, or section 692A.7 or 708.11, and who is 2 32 committed to the custody of the director of the department of 2 33 corrections to serve a term of confinement shall also be 2 34 sentenced to an additional indeterminate term of years not to 2 35 exceed two years. The board of parole shall determine whether 3 1 the person should be released on parole or placed in a work 3 2 release program. When a person commences service of the 3 3 additional term of years, the person shall initially be 3 4 released by the board of parole subject to the terms and 3 5 conditions set out in chapter 906. Violations of the terms 3 6 and conditions of release shall be subject to the procedures 3 7 set out in chapter 905 or 908 or rules adopted under those 3 8 chapters. The sentence of an additional term of years shall 3 9 be consecutive to the original term of confinement. 3 10 Sec. 6. Section 906.15, unnumbered paragraph 1, Code 2001, 3 11 is amended to read as follows: 3 12 Unless sooner discharged, a person released on parole shall 3 13 be discharged when the person's term of parole equals the 3 14 period of imprisonment specified in the person's sentence, 3 15 less all time served in confinement. Discharge from parole 3 16 may be granted prior to such time, when an early discharge is 3 17 appropriate. The board shall periodically review all paroles, 3 18 and when the board determines that any person on parole is 3 19 able and willing to fulfill the obligations of a law-abiding 3 20 citizen without further supervision, the board shall discharge 3 21 the person from parole. A parole officer shall periodically 3 22 review all paroles assigned to the parole officer, and when 3 23 the parole officer determines that any person assigned to the 3 24 officer is able and willing to fulfill the obligations of a 3 25 law-abiding citizen without further supervision, the officer 3 26 may discharge the person from parole after notification and 3 27 approval of the district director and notification of the 3 28 board of parole. In any event, discharge from parole shall 3 29 terminate the person's sentence. If a person has been 3 30 sentenced to an additional term of years under chapter 901A, 3 31 or section 902.13 or 903.2A, the person may be discharged from 3 32 the term in the same manner as a person on parole. However, a 3 33 person convicted of a violation of section 709.3, 709.4 or 3 34 709.8 committed on or with a child shall not be discharged 3 35 from parole until the person's term of parole equals the 4 1 period of imprisonment specified in the person's sentence, 4 2 less all time served in confinement. 4 3 Sec. 7. NEW SECTION. 906.19 APPLICABILITY OF ADDITIONAL 4 4 TERM OF YEARS. 4 5 Notwithstanding chapter 901A, or section 902.13 or 903.2A, 4 6 if a person is paroled prior to the expiration of the person's 4 7 term and prior to the commencement of the additional term of 4 8 years, the person shall not serve the additional term of 4 9 years. 4 10 Sec. 8. ADDITIONAL TERM OF YEARS – REPORT. The 4 11 department of corrections and the eight judicial district 4 12 departments of correctional services, in cooperation with the 4 13 division of criminal and juvenile justice planning of the 4 14 department of human rights, the state public defender, and the 4 15 office of the prosecuting attorneys training coordinator in 4 16 the department of justice, shall compile and provide a report 4 17 regarding offenders serving an additional term of years, to 4 18 the general assembly, cochairpersons and ranking members of 4 19 the joint appropriations subcommittee on the justice system, 4 20 and the legislative fiscal bureau on or before January 15, 4 21 2003. The report shall include the actual number of offenders 4 22 sentenced to serve an additional term of years from July 1, 4 23 2002, through December 31, 2002, in each judicial district, 4 24 including each offender's race and gender. The report shall 4 25 also include the anticipated number of offenders who will be 4 26 serving an additional term of years in each judicial district 4 27 in the fiscal year beginning July 1, 2002, and ending June 30, 4 28 2003, and the fiscal year beginning July 1, 2003, and ending 4 29 June 30, 2004. The report shall detail the number of 4 30 probation and parole officers and staff needed to supervise 4 31 offenders serving an additional term of years and the capacity 4 32 to supervise such offenders in each judicial district. The 4 33 report shall detail actual expenditures related to supervising 4 34 offenders serving an additional term of years for the fiscal 4 35 year beginning July 1, 2002, and ending June 30, 2003, and the 5 1 revenue source and budgeted expenditures for the fiscal year 5 2 beginning July 1, 2003, and ending June 30, 2004. The report 5 3 shall include any quantitative measures analyzing persons 5 4 serving an additional term of years. 5 5 HF 525 5 6 jm/es/25
Text: HF00524 Text: HF00526 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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