Text: HSB00550 Text: HSB00552 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 901.5B, subsection 1, Code Supplement 1 2 2003, is amended to read as follows: 1 3 1. A defendant serving a sentence under section 902.12 1 4 prior to July 1, 2003, who is sentenced by the court to the 1 5 custody of the director of the department of corrections, may 1 6 have the judgment and sentence reopened for resentencing if 1 7all of the following applyparagraph "a" or "b" applies: 1 8 a. The county attorney from the county which prosecuted 1 9 the defendant files a motion in the sentencing court to reopen 1 10 the sentence of the defendant. The county attorney shall 1 11 notify the victim pursuant to section 915.13 of the filing of 1 12 the motion. The motion shall specify that the county attorney 1 13 has informed the victim about the filing of the motion, and 1 14 that the victim has thirty days from the date of the filing of 1 15 the motion to file a written objection with the court. If no 1 16 written objection is filed, or if a written objection is 1 17 filed, and upon hearing, the court may grant the motion. 1 18 b. The board of parole and the department of corrections 1 19 file a joint motion in the sentencing court to reopen the 1 20 sentence of the defendant. The county attorney from the 1 21 county which prosecuted the defendant is served a copy of the 1 22 motion by certified mail. The motion specifies that the 1 23 county attorney has thirty days from the date of service to 1 24 consult with the victim, if possible, and to file a written 1 25 objection.NoIf no written objection is filed, or if a 1 26 written objection is filed,and upon hearing, the courtgrants1 27 may grant the motion. 1 28 EXPLANATION 1 29 This bill relates to reopening of a judgment and sentence 1 30 for a person serving a sentence that requires the maximum 1 31 accumulation of earned time credits of 15 percent of the total 1 32 sentence of confinement, commonly referred to as an 85 percent 1 33 sentence. 1 34 Under the bill, a person who was sentenced to an 85 percent 1 35 sentence prior to July 1, 2003, may have the person's sentence 2 1 reopened upon a joint motion filed by the board of parole and 2 2 the department of corrections if the original sentencing court 2 3 grants the motion. The county attorney from the county which 2 4 prosecuted the defendant may, after consulting with the 2 5 victim, if the victim can be found, file an objection to the 2 6 motion to reopen. If the sentence is reopened, the defendant 2 7 becomes parole-eligible after serving 70 percent of the 2 8 maximum term of the sentence, as persons sentenced to an 85 2 9 percent sentence on or after July 1, 2003. 2 10 Under current law, the county attorney may only file a 2 11 motion to reopen an 85 percent sentence. 2 12 LSB 5818HC 80 2 13 jm/pj/5
Text: HSB00550 Text: HSB00552 Text: HSB00500 - HSB00599 Text: HSB Index Bills and Amendments: General Index Bill History: General Index
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