Text: HF00568 Text: HF00570 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 124.401, subsection 1, paragraph a, 1 2 subparagraph (3), Code 2003, is amended to read as follows: 1 3 (3) More thanfiftyfive hundred grams of a mixture or 1 4 substance described in subparagraph (2) which contains cocaine 1 5 base. 1 6 Sec. 2. Section 124.401, subsection 1, paragraph b, 1 7 subparagraph (3), Code 2003, is amended to read as follows: 1 8 (3) More thanfivefifty grams but not more thanfifty1 9 five hundred grams of a mixture or substance described in 1 10 subparagraph (2) which contains cocaine base. 1 11 Sec. 3. Section 124.401, subsection 1, paragraph c, 1 12 subparagraph (3), Code 2003, is amended to read as follows: 1 13 (3)FiveFifty grams or less of a mixture or substance 1 14 described in subparagraph (2) which contains cocaine base. 1 15 Sec. 4. Section 711.3, Code 2003, is amended to read as 1 16 follows: 1 17 711.3 ROBBERY IN THE SECOND DEGREE. 1 18 All robbery which is not robbery in the first degree is 1 19 robbery in the second degree, except as provided in section 1 20 711.3A. Robbery in the second degree is a class "C" felony. 1 21 Sec. 5. NEW SECTION. 711.3A ROBBERY IN THE THIRD DEGREE. 1 22 A person commits robbery in the third degree when, while 1 23 perpetrating a robbery, the person commits an assault upon 1 24 another as defined in section 708.2, subsection 5. Robbery in 1 25 the third degree is an aggravated misdemeanor. 1 26 Sec. 6. Section 901B.1, Code 2003, is amended by adding 1 27 the following new subsection: 1 28 NEW SUBSECTION. 5. An intermediate criminal sanctions 1 29 program shall also include a plan for persons on parole or 1 30 work release. The intermediate criminal sanctions program 1 31 shall consist of the same levels as the levels used for 1 32 probationers but shall be adapted for persons on parole or 1 33 work release. The plan shall be adopted by the chief judge of 1 34 the judicial district and the director of the judicial 1 35 district department of correctional services and shall be 2 1 operated in accordance with the overall intermediate criminal 2 2 sanctions program. 2 3 Sec. 7. Section 902.12, unnumbered paragraph 1, Code 2003, 2 4 is amended to read as follows: 2 5Except as otherwise provided in section 903A.2, aA person 2 6 serving a sentence for conviction of the followingforcible2 7 felonies shallserve one hundred percent of the maximum term2 8of the person's sentence and shall not be released onbe 2 9 denied parole or work release unless the person has served at 2 10 least seven-tenths of the maximum term of the person's 2 11 sentence: 2 12 Sec. 8. Section 902.12, subsection 5, unnumbered paragraph 2 13 2, Code 2003, is amended to read as follows: 2 14Except as otherwise provided in section 903A.2, a person2 15serving a sentence for conviction under2 16 6. Vehicular homicide in violation of section 707.6A, 2 17 subsection 1 or 2,shall serve one hundred percent of the2 18maximum term of the person's sentence and shall not be2 19released on parole or work releaseif the person was also 2 20 convicted under section 321.261, subsection 3, based on the 2 21 same facts or event that resulted in the conviction under 2 22 section 707.6A, subsection 1 or 2. 2 23 Sec. 9. NEW SECTION. 905.15 COMMUNITY-BASED CORRECTIONS 2 24 ADVISORY BOARD. 2 25 1. A statewide community-based corrections advisory board 2 26 is established. The members of the board shall consist of a 2 27 representative from each judicial district department of 2 28 correctional services. The advisory board shall study the 2 29 current structure of the criminal justice system including the 2 30 utilization of drug and mental health courts, assess the 2 31 impact of criminal penalties on the overall system, identify 2 32 potential modifications, and work with the corrections board 2 33 and the board of parole on recommendations for potential 2 34 modifications to the current system. The advisory board may 2 35 also consult and work with the judicial branch, the county 3 1 attorney's association, the attorney general, crime victim 3 2 groups, and other agencies, or organizations associated with 3 3 the criminal justice system. 3 4 2. A member of the board shall be reimbursed for actual 3 5 and necessary expenses incurred in the performance of the 3 6 member's duties, if such member is not otherwise reimbursed 3 7 for such expenses. 3 8 Sec. 10. Section 906.5, subsection 4, Code 2003, is 3 9 amended to read as follows: 3 10 4. A person while on parole or work release is under the 3 11 supervision of the district department of correctional 3 12 services of the district designated by the board of parole, 3 13 and the board of parole may release the person subject to the 3 14 provisions of the intermediate criminal sanctions program 3 15 pursuant to chapter 901B. If a person is released by the 3 16 board of parole subject to the provisions of chapter 901B, the 3 17 district department may transfer a person along the 3 18 corrections continuum of the intermediate criminal sanctions 3 19 program as necessary and appropriate during the period the 3 20 person is assigned to the district department. The department 3 21 of corrections shall prescribe rules for governing persons on 3 22 parole or work release. The board may adopt other rules not 3 23 inconsistent with the rules of the department of corrections 3 24 as the board deems proper or necessary for the performance of 3 25 its functions. 3 26 EXPLANATION 3 27 This bill relates to criminal sentencing and procedure by 3 28 changing the penalties for certain offenses involving a 3 29 substance containing cocaine base, creating a criminal offense 3 30 of robbery in the third degree, expanding the applicability of 3 31 the intermediate criminal sanctions program, changing the 3 32 parole and work release eligibility of a person serving a 3 33 sentence that requires the maximum accumulation of earned time 3 34 credits of 15 percent of the total term of confinement, 3 35 creating a community-based corrections advisory board, and 4 1 providing a penalty. 4 2 CONTROLLED SUBSTANCES. The bill relates to the unlawful 4 3 manufacture, delivery, or possession with the intent to 4 4 manufacture or deliver, or conspiring to manufacture, deliver, 4 5 or possess with the intent to manufacture or deliver a cocaine 4 6 substance containing cocaine base, which is commonly referred 4 7 to as "crack cocaine". The bill increases the threshold 4 8 amount of "crack cocaine" that is necessary to obtain certain 4 9 felony drug convictions. 4 10 If a criminal offense under the bill involves more than 500 4 11 grams of a cocaine substance containing cocaine base, the 4 12 person commits a class "B" felony, punishable by confinement 4 13 for no more than 50 years, and a fine of not more than $1 4 14 million. Under current law, if the amount of the cocaine 4 15 substance containing cocaine base is more than 50 grams, a 4 16 person commits a class "B" felony, punishable by confinement 4 17 for no more than 50 years, and a fine of not more than $1 4 18 million. Current law also provides that the same criminal 4 19 penalty for other cocaine-related offenses requires more than 4 20 five kilograms. 4 21 If a criminal offense under the bill involves more than 50 4 22 grams but not more than 500 grams of a cocaine substance 4 23 containing cocaine base, the person commits a class "B" 4 24 felony, punishable by confinement for no more than 25 years, 4 25 and a fine of not less than $5,000 but not more than $100,000. 4 26 Under current law, if the amount of the cocaine substance 4 27 containing cocaine base is more than five grams but not more 4 28 than 50 grams, a person commits a class "B" felony, punishable 4 29 by confinement for no more than 25 years, and a fine of not 4 30 less than $5,000 but not more than $100,000. Current law also 4 31 provides that the same criminal penalty for other cocaine- 4 32 related offenses requires more than 500 grams but not more 4 33 than five kilograms. 4 34 If a criminal offense under the bill involves 50 grams or 4 35 less of a cocaine substance containing cocaine base, a person 5 1 commits a class "C" felony, punishable by confinement for no 5 2 more than 10 years, and a fine of not less than $1,000 but not 5 3 more than $50,000. Under current law, if the amount of the 5 4 cocaine substance containing cocaine base is five grams or 5 5 less, a person commits a class "C" felony, punishable by 5 6 confinement for no more than 10 years, and a fine of not less 5 7 than $1,000 but no more than $50,000. Current law also 5 8 provides that the same criminal penalty for other cocaine- 5 9 related offenses requires 500 grams or less. 5 10 ROBBERY IN THE THIRD DEGREE. The bill creates the criminal 5 11 offense of robbery in the third degree. The bill provides 5 12 that a person who commits or intends to commit a theft, and 5 13 who commits a simple misdemeanor assault to further the 5 14 commission of the theft, commits robbery in the third degree. 5 15 Under the bill a person who commits robbery in the third 5 16 degree commits an aggravated misdemeanor. Current law 5 17 provides that a person who commits or intends to commit a 5 18 theft and who commits a simple misdemeanor assault to further 5 19 the commission of the theft commits robbery in the second 5 20 degree punishable as a class "C" felony. 5 21 INTERMEDIATE CRIMINAL SANCTIONS PROGRAM. The bill provides 5 22 that if the board of parole releases a person subject to the 5 23 provisions of the intermediate criminal sanctions program 5 24 pursuant to Code chapter 901B, the judicial district 5 25 department of correctional services where the person was 5 26 assigned may transfer the person along the continuum as 5 27 necessary and appropriate during the period the person is 5 28 assigned to the district department. The sanctions on the 5 29 continuum include monitored sanctions, supervised sanctions, 5 30 intensive supervision sanctions, residential treatment, house 5 31 arrest, 21-day shock sentence for operating-while-intoxicated 5 32 offenders, and violators' facilities. 5 33 The bill provides that the chief judge of the judicial 5 34 district and the director of the judicial district department 5 35 of correctional services shall adopt an intermediate criminal 6 1 sanctions program adapted for persons on parole or work 6 2 release. The bill provides that the program for persons on 6 3 parole or work release shall be operated in accordance with 6 4 the district's overall intermediate criminal sanctions 6 5 program. 6 6 EIGHTY-FIVE PERCENT SENTENCE. The bill makes changes to a 6 7 sentence that requires the maximum accumulation of earned time 6 8 credits of 15 percent of the total sentence of confinement, 6 9 most commonly referred to as an 85 percent sentence. 6 10 The bill provides that a person who is serving an 85 6 11 percent sentence may be eligible for parole or work release 6 12 after serving 70 percent of the maximum term of confinement. 6 13 However, the bill does not change the maximum amount of earned 6 14 time which can be earned by a person serving an 85 percent 6 15 sentence; thus if a person is not released on parole or work 6 16 release, the person shall serve 85 percent of the sentence in 6 17 confinement. If a person is paroled after serving 70 percent 6 18 of the maximum term of confinement, all aspects of the 6 19 person's parole are the same as parole for other offenders. 6 20 The bill, by permitting parole of a person serving an 85 6 21 percent sentence, also provides by operation of Code section 6 22 906.16 the discharge from parole prior to the entire 85 6 23 percent sentence being served. 6 24 STATEWIDE CORRECTIONS ADVISORY BOARD. The bill creates a 6 25 statewide corrections advisory board consisting of a 6 26 representative from each judicial district department of 6 27 correctional services. The advisory board shall study the 6 28 current structure of the criminal justice system including the 6 29 utilization of drug and mental health courts, assess the 6 30 impact of criminal penalties, identify potential modifications 6 31 to the system, and work with the board of corrections and the 6 32 board of parole in making recommendations regarding 6 33 modifications to the current criminal justice system. The 6 34 bill provides that a person who serves on the advisory board 6 35 shall be reimbursed for actual and necessary expenses incurred 7 1 in the performance of the member's duties. 7 2 LSB 2731HH 80 7 3 jm/pj/5
Text: HF00568 Text: HF00570 Text: HF00500 - HF00599 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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