Text: SF00486 Text: SF00488 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. NEW SECTION. 901C.1 ALTERNATIVE SENTENCING 1 2 CLASS "C" AND CLASS "D" FELONIES. 1 3 1. Notwithstanding any other law to the contrary, when a 1 4 conviction of a class "C" or class "D" felony is entered 1 5 against a person, the court, as an alternative to the 1 6 indeterminate sentence of confinement as provided in section 1 7 902.3, may require commitment into the custody of the director 1 8 of the Iowa department of corrections for a determinate term 1 9 to be followed by a term of probation as specified in section 1 10 907.7. The length of the determinate term shall be at least 1 11 six months but not more than twelve months for a class "C" 1 12 felony and at least three months but not more than six months 1 13 for a class "D" felony. 1 14 a. If the court sentences the person to an alternative 1 15 sentence, any mandatory minimum sentence required by the 1 16 sentence pursuant to section 124.406, 124.413, 902.7, 902.8A, 1 17 or 902.11 shall be suspended by the court. 1 18 b. A person serving an alternative sentence shall receive 1 19 credit for time served against the person's sentence. 1 20 However, a person shall not be eligible to receive earned time 1 21 against the sentence under chapter 903A. 1 22 c. A person serving an alternative sentence is not 1 23 eligible for parole or work release while serving the initial 1 24 determinate term of confinement. 1 25 2. If a person who is on probation after serving the 1 26 initial term of confinement of an alternative sentence commits 1 27 a new criminal offense, violates the terms and conditions of 1 28 probation under chapter 907, or if the department of 1 29 corrections files a petition alleging a violation of rules 1 30 established under chapter 904, the court may revoke the 1 31 suspended sentence and resentence the person to the balance of 1 32 the indeterminate sentence authorized by law for the original 1 33 criminal offense committed by the person. Upon resentencing 1 34 the court shall sentence the person as provided in chapter 1 35 901.5. 2 1 3. If the court resentences the person to a term of 2 2 confinement, the court shall commit the person into the 2 3 custody of the director of the Iowa department of corrections 2 4 for an indeterminate term as provided in section 902.3. Any 2 5 mandatory minimum sentence previously suspended by the court 2 6 in subsection 1 shall be served. A person recommitted shall 2 7 be given credit for time served. Earned time shall be 2 8 calculated as provided by chapter 903A upon recommitment. A 2 9 person shall be eligible for parole or work release as any 2 10 other person serving the same offense. 2 11 4. This section does not apply to an offense classified as 2 12 a forcible felony, a felony under section 321J.2, felonies 2 13 listed in section 902.12, a person sentenced as an habitual 2 14 offender, felonies listed in section 901A.1, or a felony 2 15 committed by a person on parole, work release, or while in the 2 16 custody of the director of the department of corrections. 2 17 Sec. 2. Section 903A.2, subsection 1, unnumbered paragraph 2 18 1, Code 2001, is amended to read as follows: 2 19 Each inmate committed to the custody of the director of the 2 20 department of corrections is eligible to earn a reduction of 2 21 sentence in the manner provided in this section. However, an 2 22 inmate serving an alternative sentence under section 901C.1 is 2 23 not eligible to earn a reduction of sentence in the manner 2 24 provided in this section but shall receive credit in the 2 25 manner as provided in section 901C.1. For purposes of 2 26 calculating the amount of time by which an inmate's sentence 2 27 may be reduced, inmates shall be grouped into the following 2 28 two sentencing categories: 2 29 Sec. 3. Section 903.4, Code 2001, is amended to read as 2 30 follows: 2 31 903.4 PROVIDING PLACE OF CONFINEMENT. 2 32 All persons sentenced to confinement for a period of one 2 33 year or less shall be confined in a place to be furnished by 2 34 the county where the conviction was had unless the person is 2 35 presently committed to the custody of the director of the Iowa 3 1 department of corrections, in which case the provisions of 3 2 section 901.8 apply, or unless the person is serving a 3 3 determinate term as part of an alternative sentence as 3 4 provided in section 901C.1. All persons sentenced to 3 5 confinement for a period of more than one year shall be 3 6 committed to the custody of the director of the Iowa 3 7 department of corrections to be confined in a place to be 3 8 designated by the director and the cost of the confinement 3 9 shall be borne by the state. The director may contract with 3 10 local governmental units for the use of detention or 3 11 correctional facilities maintained by the units for the 3 12 confinement of such persons. 3 13 Sec. 4. Section 907.1, subsection 3, Code 2001, is amended 3 14 to read as follows: 3 15 3. "Suspended sentence" means a sentencing option whereby 3 16 the court pronounces judgment and imposes a sentence and then 3 17 suspends execution of the sentence subject to the defendant's 3 18 compliance with conditions set by the court as a requirement 3 19 of the suspended sentence. Revocation of the suspended 3 20 sentence results in the execution of sentence already 3 21 pronounced. For purposes of an alternative sentence entered 3 22 under section 901C.1, a "suspended sentence" means a 3 23 sentencing option where the court pronounces judgment and 3 24 imposes a sentence and then suspends execution of the 3 25 sentence, except for a determinate term of confinement. 3 26 Revocation of the suspended sentence results in the execution 3 27 of the remaining balance of the sentence already pronounced. 3 28 Sec. 5. Section 907.3, Code 2001, is amended by adding the 3 29 following new subsection: 3 30 NEW SUBSECTION. 4. May sentence the defendant to an 3 31 alternative sentence under section 901C.1, if the defendant is 3 32 eligible, suspend the remaining balance of the sentence, and 3 33 place the person on probation upon such terms as it may 3 34 require, including commitment of the defendant to the judicial 3 35 district department of correctional services for supervision 4 1 or services under section 901B.1 at the level of sanctions 4 2 which the district department determines to be appropriate and 4 3 the payment of fees imposed under section 905.14. A person so 4 4 committed whose probation is revoked shall be given credit for 4 5 time served. 4 6 Sec. 6. Section 908.11, subsection 6, Code 2001, is 4 7 amended by adding the following new paragraph: 4 8 NEW PARAGRAPH. e. Revoke the probation of the defendant 4 9 who is on probation after serving an alternative sentence 4 10 under section 903C.1, and require the defendant to serve the 4 11 remaining balance of the sentence. 4 12 SF 487 4 13 jm/cc/26
Text: SF00486 Text: SF00488 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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