Text: SF00412 Text: SF00414 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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.
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 shall be the date of the
1 29 original sentencing order. If the original sentence was
1 30 subject to the maximum accumulation of earned time of fifteen
1 31 percent of the total sentence of confinement under section
1 32 902.12, the maximum accumulation of earned time on the new
1 33 sentence of confinement shall be fifteen percent of the new
1 34 total sentence of confinement imposed by the court upon
1 35 reopening. Any earned time accumulated on the original
2 1 sentence shall be credited to the new sentence upon reopening.
2 2 EXPLANATION
2 3 This bill provides for the reopening of a judgment and
2 4 sentence that is subject to the maximum accumulation of earned
2 5 time of 15 percent of the total sentence of confinement which
2 6 is also commonly known as an 85 percent sentence.
2 7 Under the bill, an 85 percent sentence may be reopened upon
2 8 a motion by the board of parole and the department of
2 9 corrections if the original sentencing court grants the
2 10 motion. The county attorney from the county which prosecuted
2 11 the defendant may, after consulting with the victim, if the
2 12 victim can be found, file an objection to the motion to
2 13 reopen. If the sentence is reopened, the court may resentence
2 14 the defendant and reduce the maximum sentence imposed in the
2 15 original sentencing order. If a defendant is resentenced to a
2 16 new maximum sentence, the maximum accumulation of earned time
2 17 remains at 15 percent of the new sentence.
2 18 LSB 3186SV 79
2 19 jm/cf/24
Text: SF00412 Text: SF00414 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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