House Journal: Page 1293: Wednesday, April 23, 2003
27 information. The report of a medical examination or
28 psychological or psychiatric evaluation shall be made
29 available to the attorney for the state and to the
30 defendant upon request. The reports are part of the
31 record but shall be sealed and opened only on order of
32 the court. If the defendant is committed to the
33 custody of the Iowa department of corrections and is
34 not a class "A" felon, a copy of the presentence
35 investigation report shall be forwarded to the
36 director with the order of commitment by the clerk of
37 the district court and to the board of parole at the
38 time of commitment. The presentence investigation
39 report may also be released by the department of
40 corrections or a judicial district department of
41 correctional services pursuant to section 904.602 to
42 another jurisdiction for the purpose of providing
43 interstate probation and parole compact services or
44 evaluations. The defendant or the defendant's
45 attorney may file with the presentence investigation
46 report, a denial or refutation of the allegations, or
47 both, contained in the report. The denial or
48 refutation shall be included in the report. If the
49 person is sentenced for an offense which requires
50 registration under chapter 692A, the court shall
Page 5
1 release the report to the department which is
2 responsible under section 692A.13A for performing the
3 assessment of risk of public safety.
4 Sec. 16. Section 901.5, subsection 13, Code 2003,
5 is amended by striking the subsection.
6 Sec. 17. NEW SECTION. 901.5B REOPENING OF
7 SENTENCE FOR PERSONS SERVING SENTENCE SUBJECT TO
8 MAXIMUM ACCUMULATION OF EARNED TIME OF FIFTEEN
9 PERCENT.
10 1. A defendant serving a sentence under section
11 902.12 prior to the effective date of this Act, who is
12 sentenced by the court to the custody of the director
13 of the department of corrections, may have the
14 judgment and sentence reopened for resentencing if all
15 of the following apply:
16 a. The county attorney from the county which
17 prosecuted the defendant files a motion in the
18 sentencing court to reopen the sentence of the
19 defendant. The county attorney shall notify the
20 victim pursuant to section 915.13 of the filing of the
21 motion. The motion shall specify that the county
22 attorney has informed the victim about the filing of
23 the motion, and that the victim has thirty days from
24 the date of the filing of the motion to file a written
25 objection with the court.
© 2003 Cornell College and
League of Women Voters of Iowa
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