902.3A  Determinate sentencing and additional term of years for class "D" felons.

1.  Notwithstanding section 902.3, when a conviction for a class "D" felony is entered against a person, the court, at its discretion, in imposing a sentence of confinement pursuant to section 901.5, may commit the person into the custody of the director of the Iowa department of corrections for a determinate term of less than the maximum length of the sentence prescribed by section 902.9, subsection 5, if mitigating circumstances exist and those circumstances are stated specifically on the record.

a.  The determinate term of confinement shall not be for less than one year and if a mandatory minimum sentence is required by law, the determinate term of confinement imposed under this section shall not be less than the mandatory minimum term of confinement prescribed by law.

b.  A person sentenced to a determinate term of confinement under this section shall not be eligible for parole until the person has served one-half of the determinate term of confinement under the sentence.

c.  Earned time shall be calculated as provided in chapter 903A. However, earned time accrued and not forfeited shall not apply to cause the person to become eligible for parole until the person has served one-half of the determinate term of confinement.

d.  A person on parole or work release under a determinate term of confinement imposed under this section shall be subject to the terms and conditions of parole or work release as set out in chapter 906. Violations of parole or work release shall be subject to the procedures set out in chapters 905 and 908 or rules adopted under those chapters.

e.  This section does not apply to an offense classified as a forcible felony, a felony under section 321J.2, felonies in chapters 707, 708, and 709, a person sentenced as a habitual offender, felonies listed in section 901A.1, felonies listed in section 902.12, or a felony committed by a person on parole or work release, or while in the custody of the director of the department of corrections.

2.  When the person is sentenced and committed into the custody of the director of the department of corrections pursuant to subsection 1, the person shall also be sentenced to an additional indeterminate term of years not to exceed two years. The sentence of an additional term shall be consecutive to the determinate term of confinement.

a.  The sentence of an additional indeterminate term of years shall commence immediately upon the expiration of the determinate term of confinement and the person shall be assigned to the judicial district department of correctional services by the department of corrections. The district department shall place a person assigned to it under this paragraph in a level of sanction and supervision which is appropriate to the person pursuant to the district's intermediate criminal sanctions program operated under chapter 901B.

b.  The district department may transfer a person along the continuum of the intermediate criminal sanctions program operated pursuant to chapter 901B as necessary and appropriate during the period the person is assigned to the district department. If the person violates the terms and conditions of the placement, the district may transfer the person to a more restrictive placement as provided in the program.

c.  A person serving an additional indeterminate term of years may be discharged from that sentence in the same manner as a person serving probation may be discharged under section 907.9. Discharge from an additional indeterminate term of years terminates the person's sentence of an additional indeterminate term of years.

d.  A person serving an additional indeterminate term of years shall receive credit for any time served after discharge from the preceding determinate term of confinement against the person's sentence of an additional indeterminate term of years.

3.  Notwithstanding subsection 2, if a person is paroled at least six months prior to the expiration of the person's determinate term of confinement, the person shall not serve an additional indeterminate term of years.

4.  Section 907.3 governs the inapplicability of deferred judgments and deferred or suspended sentences to sentences imposed under this section.

Section History: Recent form

  2001 Acts, ch 165, §4

Internal References

  Referred to in § 901.5, 903.4, 907.3


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