Text: HF02334 Text: HF02336 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 822.2, subsection 6, Code 2003, is 1 2 amended to read as follows: 1 3 6. The person's reduction of sentence pursuant to sections 1 4 903A.1 through903A.7903A.6 or section 903A.7, Code 2003, has 1 5 been unlawfully forfeited and the person has exhausted the 1 6 appeal procedure of section 903A.3, subsection 2; or 1 7 Sec. 2. Section 901.5B, Code Supplement 2003, is amended 1 8 to read as follows: 1 9 901.5B REOPENING OF SENTENCE – SENTENCES SUBJECT TO 1 10 MAXIMUM EARNED TIME ACCUMULATION OF FIFTEEN PERCENT. 1 11 1. A defendant serving a sentence under section 902.12, 1 12 Code 2003, prior to July 1, 2003, or who is serving a sentence 1 13 under section 902.12, Code Supplement 2003, prior to July 1, 1 14 2004, who is sentenced by the court to the custody of the 1 15 director of the department of corrections, may have the 1 16 judgment and sentence reopened for resentencing if all of the 1 17 following apply: 1 18 a. The county attorney from the county which prosecuted 1 19 the defendant files a motion in the sentencing court to reopen 1 20 the sentence of the defendant. The county attorney shall 1 21 notify the victim pursuant to section 915.13 of the filing of 1 22 the motion. The motion shall specify that the county attorney 1 23 has informed the victim about the filing of the motion, and 1 24 that the victim has thirty days from the date of the filing of 1 25 the motion to file a written objection with the court. 1 26 b. No written objection is filed or if a written objection 1 27 is filed, and upon hearing the court grants the motion. 1 28 2. Upon the court granting the motion to reopen the 1 29 sentence, the court shall order that the defendant be eligible 1 30 for consideration of parole or work releasein the same manner1 31as a defendant serving a sentence under section 902.12. 1 323. For purposes of calculating earned time under section1 33903A.2, the sentencing date for a defendant whose sentence has1 34been reopened under this section shall be the date of the1 35original sentencing order.2 14. The filing of a motion or reopening of a sentence under2 2this section shall not constitute grounds to stay any other2 3court proceedings, or to toll or restart the time for filing2 4of any posttrial motion or any appeal.2 5 Sec. 3. Section 901.8, Code 2003, is amended to read as 2 6 follows: 2 7 901.8 CONSECUTIVE SENTENCES. 2 8 If a person is sentenced for two or more separate offenses, 2 9 the sentencing judge may order the second or further sentence 2 10 to begin at the expiration of the first or succeeding 2 11 sentence. If a person is sentenced for escape under section 2 12 719.4 or for a crime committed while confined in a detention 2 13 facility or penal institution, the sentencing judge shall 2 14 order the sentence to begin at the expiration of any existing 2 15 sentence. If the person is presently in the custody of the 2 16 director of the Iowa department of corrections, the sentence 2 17 shall be served at the facility or institution in which the 2 18 person is already confined unless the person is transferred by 2 19 the director. Except as otherwise provided in section 903A.7, 2 20 Code 2003, if consecutive sentences are specified in the order 2 21 of commitment, the several terms shall be construed as one 2 22 continuous term of imprisonment. 2 23 Sec. 4. Section 903A.2, subsection 1, Code Supplement 2 24 2003, is amended to read as follows: 2 25 1. Each inmate committed to the custody of the director of 2 26 the department of corrections is eligible to earn a reduction 2 27 of sentence in the manner provided in this section.For2 28purposes of calculating the amount of time by which an2 29inmate's sentence may be reduced, inmates shall be grouped2 30into the following two sentencing categories:2 31 a.Category "A" sentences are those sentences which are2 32not subject to a maximum accumulation of earned time of2 33fifteen percent of the total sentence of confinement under2 34section 902.12. To the extent provided in subsection 5,2 35category "A" sentences also include life sentences imposed3 1under section 902.1.An inmate of an institution under the 3 2 control of the department of correctionswho is serving a3 3category "A" sentenceis eligible for a reduction of sentence 3 4 equal to one and two-tenths days for each day the inmate 3 5 demonstrates good conduct and satisfactorily participates in 3 6 any program or placement status identified by the director to 3 7 earn the reduction. The programs include but are not limited 3 8 to the following: 3 9 (1) Employment in the institution. 3 10 (2) Iowa state industries. 3 11 (3) An employment program established by the director. 3 12 (4) A treatment program established by the director. 3 13 (5) An inmate educational program approved by the 3 14 director. 3 15 b. An inmateserving a category "A" sentenceis also 3 16 eligible for an additional reduction of sentence of up to 3 17 three hundred sixty-five days of the full term of the sentence 3 18 of the inmate for exemplary acts. In accordance with section 3 19 903A.4, the director shall by policy identify what constitutes 3 20 an exemplary act that may warrant an additional reduction of 3 21 sentence. 3 22b. Category "B" sentences are those sentences which are3 23subject to a maximum accumulation of earned time of fifteen3 24percent of the total sentence of confinement under section3 25902.12. An inmate of an institution under the control of the3 26department of corrections who is serving a category "B"3 27sentence is eligible for a reduction of sentence equal to3 28fifteen eighty-fifths of a day for each day of good conduct by3 29the inmate.3 30 Sec. 5. Section 905.6, subsection 9, Code Supplement 2003, 3 31 is amended to read as follows: 3 32 9. Notify the board of parole, thirty days prior to 3 33 release, of the release from a residential facility operated 3 34 by the district department of a person serving a sentence 3 35 under section 902.12, Code 2003 or Code Supplement 2003. 4 1 Sec. 6. Section 905.11, Code Supplement 2003, is amended 4 2 to read as follows: 4 3 905.11 RESIDENTIAL FACILITY RESIDENCY – MINIMUM. 4 4 A person who is serving a sentence under section 902.12, 4 5 Code 2003 or Code Supplement 2003, the maximum term of which 4 6 exceeds ten years, and who is released on parole or work 4 7 release shall reside in a residential facility operated by the 4 8 district department for a period of not less than one year. 4 9 Sec. 7. Section 906.4, unnumbered paragraph 2, Code 4 10 Supplement 2003, is amended to read as follows: 4 11 A person on parole or work release who is serving a 4 12 sentence under section 902.12, Code 2003 or Code Supplement 4 13 2003, shall begin parole or work release in a residential 4 14 facility operated by a judicial district department of 4 15 correctional services. 4 16 Sec. 8. Section 902.12, Code Supplement 2003, is repealed. 4 17 Sec. 9. Section 903A.7, Code 2003, is repealed. 4 18 EXPLANATION 4 19 This bill repeals the statute subjecting certain criminal 4 20 sentences to a maximum accumulation of earned time of 15 4 21 percent of the total sentence of confinement, otherwise known 4 22 as an 85 percent sentence. 4 23 The bill provides that an offender sentenced for a criminal 4 24 offense listed in Code section 902.12 no longer serves an 85 4 25 percent sentence. An offender, sentenced for an offense 4 26 previously subject to an 85 percent sentence, serves a 4 27 sentence that is subject to the same parole eligibility 4 28 requirements and earned time calculations as other offenders. 4 29 An offender serving a sentence previously subject to an 85 4 30 percent sentence may now receive a reduction of sentence equal 4 31 to one and two-tenths days of a day for each day of good 4 32 conduct by the inmate and is parole-eligible. Current law 4 33 provides that a person serving an 85 percent sentence for an 4 34 offense listed in Code section 902.12 is only eligible for a 4 35 reduction of sentence equal to fifteen eighty-fifths of a day 5 1 for each day of good conduct by the inmate, and is not parole 5 2 eligible. 5 3 The bill provides that a person serving an 85 percent 5 4 sentence prior to July 1, 2004, is eligible to have the 5 5 person's sentence reopened if the county attorney from the 5 6 county which prosecuted the defendant files a motion in the 5 7 sentencing court to reopen the sentence of the defendant. If 5 8 the court grants the motion to reopen the sentence, the person 5 9 becomes eligible for parole or work release. If the sentence 5 10 is not reopened, the person serves 85 percent of the person's 5 11 sentence in confinement. 5 12 LSB 6211YH 80 5 13 jm/gg/14
Text: HF02334 Text: HF02336 Text: HF02300 - HF02399 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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