Text: SF00149 Text: SF00151 Text: SF00100 - SF00199 Text: SF 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 parole or work 1 24 release if required under chapter 901A, or section 902.13 or 1 25 903.2A. 1 26 Sec. 3. NEW SECTION. 902.13 ADDITIONAL PAROLE OR WORK 1 27 RELEASE – FELONIES. 1 28 A person who is convicted of a felony under chapter 709, or 1 29 under section 692A.7, 708.2A, 708.11, or 726.2, and who is 1 30 committed to the custody of the director of the department of 1 31 corrections to serve a term of confinement shall also be 1 32 sentenced to an additional term of parole or work release not 1 33 to exceed two years. The board of parole shall determine 1 34 whether the person should be released on parole or placed in a 1 35 work release program. The sentence of an additional term of 2 1 parole or work release supervision shall commence immediately 2 2 upon the expiration of the preceding sentence and shall be 2 3 under the terms and conditions as set out in chapter 906. 2 4 Violations of parole or work release shall be subject to the 2 5 procedures set out in chapter 905 or 908 or rules adopted 2 6 under those chapters. The sentence of an additional term of 2 7 parole or work release shall be consecutive to the original 2 8 term of confinement. 2 9 Sec. 4. NEW SECTION. 903.2A ADDITIONAL PAROLE OR WORK 2 10 RELEASE – MISDEMEANORS. 2 11 A person who is convicted of an aggravated misdemeanor 2 12 under chapter 709, or section 692A.7, 708.2A, or 708.11, and 2 13 who is committed to the custody of the director of the 2 14 department of corrections to serve a term of confinement shall 2 15 also be sentenced to an additional term of parole or work 2 16 release not to exceed two years. The board of parole shall 2 17 determine whether the person should be released on parole or 2 18 placed in a work release program. The sentence of an 2 19 additional term of parole or work release supervision shall 2 20 commence immediately upon the expiration of the preceding 2 21 sentence and shall be under the terms and conditions as set 2 22 out in chapter 906. Violations of parole or work release 2 23 shall be subject to the procedures set out in chapter 905 or 2 24 908 or rules adopted under those chapters. The sentence of an 2 25 additional term of parole or work release shall be consecutive 2 26 to the original term of confinement. 2 27 Sec. 5. Section 906.15, unnumbered paragraph 1, Code 2001, 2 28 is amended to read as follows: 2 29 Unless sooner discharged, a person released on parole shall 2 30 be discharged when the person's term of parole equals the 2 31 period of imprisonment specified in the person's sentence, 2 32 less all time served in confinement. Discharge from parole 2 33 may be granted prior to such time, when an early discharge is 2 34 appropriate. The board shall periodically review all paroles, 2 35 and when the board determines that any person on parole is 3 1 able and willing to fulfill the obligations of a law-abiding 3 2 citizen without further supervision, the board shall discharge 3 3 the person from parole. A parole officer shall periodically 3 4 review all paroles assigned to the parole officer, and when 3 5 the parole officer determines that any person assigned to the 3 6 officer is able and willing to fulfill the obligations of a 3 7 law-abiding citizen without further supervision, the officer 3 8 may discharge the person from parole after notification and 3 9 approval of the district director and notification of the 3 10 board of parole. In any event, discharge from parole shall 3 11 terminate the person's sentence. However, if a person has 3 12 been sentenced to an additional term of parole or work release 3 13 under chapter 901A or section 902.13 or 903.2A, the person 3 14 shall not be discharged from parole or work release until the 3 15 additional term of parole or work release has been served. 3 16 However, a person convicted of a violation of section 709.3, 3 17 709.4 or 709.8 committed on or with a child shall not be 3 18 discharged from parole until the person's term of parole 3 19 equals the period of imprisonment specified in the person's 3 20 sentence, less all time served in confinement. 3 21 EXPLANATION 3 22 This bill provides for the imposition of an additional 3 23 sentence of mandatory parole or work release for persons 3 24 convicted of certain criminal offenses. The bill applies to 3 25 any criminal offense committed under Code chapter 709 (sexual 3 26 abuse), failure to register as a sex offender under Code 3 27 section 692A.7, domestic abuse under Code section 708.2A, 3 28 stalking under Code section 708.11, and incest under Code 3 29 section 726.2. 3 30 The bill provides that if an offender is sentenced to a 3 31 period of confinement at an institution of the department of 3 32 corrections, the court shall also sentence the person to an 3 33 additional sentence of parole or work release not to exceed 3 34 two years. The bill provides that the additional sentence of 3 35 parole or work release shall run consecutive to the first 4 1 sentence of confinement. The bill also provides that upon 4 2 expiration of the first sentence, the board of parole shall 4 3 determine whether the person shall be on parole or work 4 4 release during the additional sentence. If a person violates 4 5 a condition of the additional sentence of parole or work 4 6 release provided for in the bill, the additional sentence of 4 7 parole or work release may be revoked in the same manner as 4 8 any other form of parole or work release and the person 4 9 sentenced to a period of confinement in the same manner as any 4 10 other person on parole or work release status. 4 11 LSB 1478XS 79 4 12 jm/cf/24
Text: SF00149 Text: SF00151 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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