Text: SF00486 Text: SF00488 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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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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