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House File 2207

Partial Bill History

Bill Text

PAG LIN
  1  1    Section 1.  Section 901.5A, Code 2001, is amended by adding
  1  2 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 earned time of fifteen percent of the total
  1  8 sentence of confinement under section 902.12, Code 2001.
  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 that the county
  1 15 attorney has thirty days to consult with the victim, if
  1 16 possible, and to 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 2001,
  1 19 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 earned time under section
  1 27 903A.2, the sentencing date for a defendant whose sentence has
  1 28 been reopened under this section subsection 1 shall be the
  1 29 date of the original sentencing order.  If the original
  1 30 sentence was subject to the maximum accumulation of earned
  1 31 time of fifteen percent of the total sentence of confinement
  1 32 under section 902.12, Code 2001, the maximum accumulation of
  1 33 earned time on the new sentence of confinement shall not be
  1 34 fifteen percent of the new total sentence of confinement
  1 35 imposed by the court upon reopening but shall accumulate as
  2  1 provided in section 903A.2.  Any earned time accumulated on
  2  2 the original sentence shall be credited to the new sentence
  2  3 upon reopening.
  2  4    Sec. 3.  Section 901.5A, Code 2001, is amended by adding
  2  5 the following new subsection:
  2  6    NEW SUBSECTION.  3A.  A person serving a sentence that was
  2  7 subject to the maximum accumulation of earned time of fifteen
  2  8 percent of the total sentence of confinement under section
  2  9 902.12, Code 2001, is eligible for parole if the sentence is
  2 10 reopened.
  2 11    Sec. 4.  Section 901.8, Code 2001, is amended to read as
  2 12 follows:
  2 13    901.8  CONSECUTIVE SENTENCES.
  2 14    If a person is sentenced for two or more separate offenses,
  2 15 the sentencing judge may order the second or further sentence
  2 16 to begin at the expiration of the first or succeeding
  2 17 sentence.  If a person is sentenced for escape under section
  2 18 719.4 or for a crime committed while confined in a detention
  2 19 facility or penal institution, the sentencing judge shall
  2 20 order the sentence to begin at the expiration of any existing
  2 21 sentence.  If the person is presently in the custody of the
  2 22 director of the Iowa department of corrections, the sentence
  2 23 shall be served at the facility or institution in which the
  2 24 person is already confined unless the person is transferred by
  2 25 the director.  Except as otherwise provided in section 903A.7,
  2 26 if If consecutive sentences are specified in the order of
  2 27 commitment, the several terms shall be construed as one
  2 28 continuous term of imprisonment.
  2 29    Sec. 5.  Section 902.3A, subsection 1, paragraph e, Code
  2 30 Supplement 2001, is amended to read as follows:
  2 31    e.  This section does not apply to an offense classified as
  2 32 a forcible felony, a felony under section 321J.2, felonies in
  2 33 chapters 707, 708, and 709, a person sentenced as a habitual
  2 34 offender, felonies listed in section 901A.1, felonies listed
  2 35 in section 902.12, or a felony committed by a person on parole
  3  1 or work release, or while in the custody of the director of
  3  2 the department of corrections.
  3  3    Sec. 6.  Section 902.11, unnumbered paragraph 1, Code 2001,
  3  4 is amended to read as follows:
  3  5    A person serving a sentence for conviction of a felony,
  3  6 other than a forcible felony under section 902.12, who has a
  3  7 criminal record of one or more prior convictions for a
  3  8 forcible felony or a crime of a similar gravity in this or any
  3  9 other state, shall be denied parole or work release unless the
  3 10 person has served at least one-half of the maximum term of the
  3 11 defendant's sentence.  However, the mandatory sentence
  3 12 provided for by this section does not apply if either of the
  3 13 following apply:
  3 14    Sec. 7.  Section 903A.2, subsection 1, unnumbered paragraph
  3 15 1, Code 2001, is amended to read as follows:
  3 16    Each inmate committed to the custody of the director of the
  3 17 department of corrections is eligible to earn a reduction of
  3 18 sentence in the manner provided in this section.  For purposes
  3 19 of calculating the amount of time by which an inmate's
  3 20 sentence may be reduced, inmates shall be grouped into the
  3 21 following two sentencing categories:
  3 22    Sec. 8.  Section 903A.2, subsection 1, paragraph a,
  3 23 unnumbered paragraph 1, Code 2001, is amended to read as
  3 24 follows:
  3 25    Category "A" sentences are those sentences which are not
  3 26 subject to a maximum accumulation of earned time of fifteen
  3 27 percent of the total sentence of confinement under section
  3 28 902.12.  To the extent provided in subsection 5, category "A"
  3 29 sentences also include life sentences imposed under section
  3 30 902.1.  An inmate of an institution under the control of the
  3 31 department of corrections who is serving a category "A"
  3 32 sentence is eligible for a reduction of sentence equal to one
  3 33 and two-tenths days for each day the inmate demonstrates good
  3 34 conduct and satisfactorily participates in any program or
  3 35 placement status identified by the director to earn the
  4  1 reduction.  The programs include but are not limited to the
  4  2 following:
  4  3    Sec. 9.  Section 903A.2, subsection 1, paragraph b, Code
  4  4 2001, is amended by striking the paragraph.
  4  5    Sec. 10.  Section 902.12, Code 2001, is repealed.
  4  6    Sec. 11.  Section 903A.7, Code 2001, is repealed.  
  4  7                           EXPLANATION
  4  8    This bill repeals Code section 902.12, which provides for
  4  9 criminal sentences that require a maximum accumulation of
  4 10 earned time credits of 15 percent of the total sentence of
  4 11 confinement, and makes eligible for parole persons currently
  4 12 serving such a criminal sentence.  A sentence that requires a
  4 13 maximum accumulation of earned time credits of 15 percent of
  4 14 the total sentence is commonly referred to as an 85 percent
  4 15 sentence.
  4 16    Currently, Code section 902.12 applies an 85 percent
  4 17 sentence for conviction of the following felonies:  murder in
  4 18 the second degree, attempted murder, sexual abuse in the
  4 19 second degree, kidnapping in the second degree, robbery in the
  4 20 first or second degree, and certain homicide-by-vehicle
  4 21 offenses.  Upon repeal of the applicability of an 85 percent
  4 22 sentence, a person charged with a criminal offense which would
  4 23 have required confinement for 85 percent of the total sentence
  4 24 would now serve a sentence that can be reduced by earned time
  4 25 credits pursuant to Code chapter 903A.
  4 26    The bill also provides for the reopening of a judgment and
  4 27 sentence for a person currently serving an 85 percent
  4 28 sentence.
  4 29    Under the bill, an 85 percent sentence may be reopened upon
  4 30 a motion by the board of parole and the department of
  4 31 corrections if the original sentencing court grants the
  4 32 motion.  The county attorney from the county which prosecuted
  4 33 the defendant may, after consulting with the victim, if the
  4 34 victim can be found, file an objection to the motion to
  4 35 reopen.  If the sentence is reopened, the court may resentence
  5  1 the defendant and reduce the maximum sentence imposed in the
  5  2 original sentencing order and the new sentence shall no longer
  5  3 be subject to the maximum accumulation of earned time of 15
  5  4 percent of the total sentence of confinement.  If a defendant
  5  5 is resentenced to a new maximum sentence, the maximum
  5  6 accumulation of earned time shall be calculated in the same
  5  7 manner as other offenses in Code chapter 903A, which is one
  5  8 and two-tenths days for each day the inmate demonstrates good
  5  9 conduct or satisfactorily participates in prison programs.
  5 10 Any earned time accumulated on the original sentence shall be
  5 11 credited to the new sentence upon reopening.  If a sentence is
  5 12 reopened, the defendant is eligible for parole.
  5 13    The bill does not affect other mandatory sentences
  5 14 prescribed by law.  
  5 15 LSB 5730YH 79
  5 16 jm/pj/5
     

Text: HF02206                           Text: HF02208
Text: HF02200 - HF02299                 Text: HF Index
Bills and Amendments: General Index     Bill History: General Index

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