House Amendment 1218
PAG LIN
1 1 Amend House File 619 as follows:
1 2 #1. Page 1, by inserting before line 1 the
1 3 following:
1 4 <Section 1. Section 709.8, unnumbered paragraph 2,
1 5 Code 2005, is amended to read as follows:
1 6 Any person who violates a provision of this section
1 7 shall, upon conviction, be guilty of a class "D"
1 8 felony. A person who violates a provision of this
1 9 section and who is sentenced to a term of confinement
1 10 shall also be sentenced to an additional term of
1 11 parole or work release not to exceed two years. The
1 12 board of parole shall determine whether the person
1 13 should be released on parole or placed in a work
1 14 release program. The sentence of an additional term
1 15 of parole or work release supervision shall commence
1 16 immediately upon the expiration of the preceding
1 17 sentence and shall be under the terms and conditions
1 18 as set out in chapter 906. Violations of parole or
1 19 work release shall be subject to the procedures set
1 20 out in chapter 905 or 908 or rules adopted under those
1 21 chapters. The sentence of an additional term of
1 22 parole or work release shall be consecutive to the
1 23 original term of confinement.
1 24 Sec. . Section 901.5, Code 2005, is amended by
1 25 adding the following new subsection:
1 26 NEW SUBSECTION. 13. In addition to any sentence
1 27 or other penalty imposed against the defendant, the
1 28 court shall sentence the defendant to an additional
1 29 term of years if required under chapter 901A, or
1 30 section 902.14 or 903.2A.
1 31 Sec. . Section 901A.2, subsection 8, Code 2005,
1 32 is amended to read as follows:
1 33 8. In addition to any other sentence imposed on a
1 34 person convicted of a sexually predatory offense
1 35 pursuant to subsection 1, 2, or 3, the person shall be
1 36 sentenced to an additional indeterminate term of
1 37 parole or work release years not to exceed two years.
1 38 The board of parole shall determine whether the person
1 39 should be released on parole or placed in a work
1 40 release program. The sentence of parole supervision
1 41 shall commence immediately upon the person's release
1 42 by the board of parole and shall be under the When a
1 43 person commences service of the additional term of
1 44 years, the person shall initially be released by the
1 45 board of parole subject to the terms and conditions as
1 46 set out in chapter 906. Violations of parole or work
1 47 release terms and conditions of release shall be
1 48 subject to the procedures set out in chapter 905 or
1 49 908 or rules adopted under those chapters. For
1 50 purposes of disposition of a parole violator upon
2 1 revocation of parole or work release, the sentence of
2 2 an additional term of parole or work release shall be
2 3 considered part of the original term of commitment to
2 4 the department of corrections.
2 5 Sec. . NEW SECTION. 902.14 ADDITIONAL TERM OF
2 6 YEARS == FELONIES.
2 7 A person who is convicted of a felony under chapter
2 8 709, or under section 692A.7, 708.2A, 708.11, or
2 9 726.2, and who is committed to the custody of the
2 10 director of the department of corrections to serve a
2 11 term of confinement shall also be sentenced to an
2 12 additional indeterminate term of years not to exceed
2 13 two years. The board of parole shall determine
2 14 whether the person should be released on parole or
2 15 placed in a work release program. When a person
2 16 commences service of the additional term of years, the
2 17 person shall initially be released by the board of
2 18 parole subject to the terms and conditions set out in
2 19 chapter 906. Violations of the terms and conditions
2 20 of release shall be subject to the procedures set out
2 21 in chapter 905 or 908 or rules adopted under those
2 22 chapters. The sentence of an additional term of years
2 23 shall be consecutive to the original term of
2 24 confinement.
2 25 Sec. . NEW SECTION. 903.2A ADDITIONAL TERM OF
2 26 YEARS == MISDEMEANORS.
2 27 A person who is convicted of an aggravated
2 28 misdemeanor under chapter 709, or section 692A.7 or
2 29 708.11, and who is committed to the custody of the
2 30 director of the department of corrections to serve a
2 31 term of confinement shall also be sentenced to an
2 32 additional indeterminate term of years not to exceed
2 33 two years. The board of parole shall determine
2 34 whether the person should be released on parole or
2 35 placed in a work release program. When a person
2 36 commences service of the additional term of years, the
2 37 person shall initially be released by the board of
2 38 parole subject to the terms and conditions set out in
2 39 chapter 906. Violations of the terms and conditions
2 40 of release shall be subject to the procedures set out
2 41 in chapter 905 or 908 or rules adopted under those
2 42 chapters. The sentence of an additional term of years
2 43 shall be consecutive to the original term of
2 44 confinement.
2 45 Sec. . Section 906.15, unnumbered paragraph 1,
2 46 Code 2005, is amended to read as follows:
2 47 Unless sooner discharged, a person released on
2 48 parole shall be discharged when the person's term of
2 49 parole equals the period of imprisonment specified in
2 50 the person's sentence, less all time served in
3 1 confinement. Discharge from parole may be granted
3 2 prior to such time, when an early discharge is
3 3 appropriate. The board shall periodically review all
3 4 paroles, and when the board determines that any person
3 5 on parole is able and willing to fulfill the
3 6 obligations of a law=abiding citizen without further
3 7 supervision, the board shall discharge the person from
3 8 parole. A parole officer shall periodically review
3 9 all paroles assigned to the parole officer, and when
3 10 the parole officer determines that any person assigned
3 11 to the officer is able and willing to fulfill the
3 12 obligations of a law=abiding citizen without further
3 13 supervision, the officer may discharge the person from
3 14 parole after notification and approval of the district
3 15 director and notification of the board of parole. In
3 16 any event, discharge from parole shall terminate the
3 17 person's sentence. If a person has been sentenced to
3 18 an additional term of years under chapter 901A, or
3 19 section 902.14 or 903.2A, the person may be discharged
3 20 from the term in the same manner as a person on
3 21 parole. However, a person convicted of a violation of
3 22 section 709.3, 709.4, or 709.8 committed on or with a
3 23 child, or a person serving a sentence under section
3 24 902.12, shall not be discharged from parole until the
3 25 person's term of parole equals the period of
3 26 imprisonment specified in the person's sentence, less
3 27 all time served in confinement.
3 28 Sec. . NEW SECTION. 906.19 APPLICABILITY OF
3 29 ADDITIONAL TERM OF YEARS.
3 30 Notwithstanding chapter 901A, or section 902.14 or
3 31 903.2A, if a person is paroled prior to the expiration
3 32 of the person's term and prior to the commencement of
3 33 the additional term of years, the person shall not
3 34 serve the additional term of years.
3 35 Sec. . ADDITIONAL TERM OF YEARS == REPORT. The
3 36 department of corrections and the eight judicial
3 37 district departments of correctional services, in
3 38 cooperation with the division of criminal and juvenile
3 39 justice planning of the department of human rights,
3 40 the state public defender, and the office of the
3 41 prosecuting attorneys training coordinator in the
3 42 department of justice, shall compile and provide a
3 43 report regarding offenders serving an additional term
3 44 of years, to the general assembly, cochairpersons and
3 45 ranking members of the joint appropriations
3 46 subcommittee on the justice system, and the
3 47 legislative services agency on or before January 15,
3 48 2007. The report shall include the actual number of
3 49 offenders sentenced to serve an additional term of
3 50 years from July 1, 2006, through December 31, 2006, in
4 1 each judicial district, including each offender's race
4 2 and gender. The report shall also include the
4 3 anticipated number of offenders who will be serving an
4 4 additional term of years in each judicial district in
4 5 the fiscal year beginning July 1, 2006, and ending
4 6 June 30, 2007, and the fiscal year beginning July 1,
4 7 2007, and ending June 30, 2008. The report shall
4 8 detail the number of probation and parole officers and
4 9 staff needed to supervise offenders serving an
4 10 additional term of years and the capacity to supervise
4 11 such offenders in each judicial district. The report
4 12 shall detail actual expenditures related to
4 13 supervising offenders serving an additional term of
4 14 years for the fiscal year beginning July 1, 2006, and
4 15 ending June 30, 2007, and the revenue source and
4 16 budgeted expenditures for the fiscal year beginning
4 17 July 1, 2007, and ending June 30, 2008. The report
4 18 shall include any quantitative measures analyzing
4 19 persons serving an additional term of years.>
4 20 #2. Title page, by striking lines 1 and 2 and
4 21 inserting the following: <An Act relating to persons
4 22 convicted of criminal offenses requiring registration
4 23 on the sex offender registry or requiring an
4 24 additional indeterminate sentence, establishing a sex
4 25 offender registry database task force, and providing
4 26 penalties.>
4 27
4 28
4 29
4 30 PAULSEN of Linn
4 31
4 32
4 33
4 34 J. K. VAN FOSSEN of Scott
4 35
4 36
4 37
4 38 J. R. VAN FOSSEN of Scott
4 39
4 40
4 41
4 42 KURTENBACH of Story
4 43
4 44
4 45
4 46 KAUFMANN of Cedar
4 47
4 48
4 49
4 50 BOAL of Polk
5 1
5 2
5 3
5 4 LUKAN of Dubuque
5 5
5 6
5 7
5 8 HEATON of Henry
5 9
5 10
5 11
5 12 GREINER of Washington
5 13
5 14
5 15
5 16 DE BOEF of Keokuk
5 17
5 18
5 19
5 20 ELGIN of Linn
5 21
5 22
5 23
5 24 HUTTER of Scott
5 25
5 26
5 27
5 28 RANTS of Woodbury
5 29 HF 619.703 81
5 30 jm/gg/1248
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