Senate File 2201 H-8090 Amend Senate File 2201, as amended, passed, and 1 reprinted by the Senate, as follows: 2 1. Page 1, line 12, by striking < relative > and 3 inserting < parent or guardian > 4 2. Page 2, after line 6 by inserting: 5 < Sec. ___. Section 903A.2, subsection 1, unnumbered 6 paragraph 1, Code 2014, is amended to read as follows: 7 Each inmate committed to the custody of the director 8 of the department of corrections is eligible to earn a 9 reduction of sentence in the manner provided in this 10 section . For purposes of calculating the amount of 11 time by which an inmate’s sentence may be reduced, 12 inmates shall be grouped into the following two three 13 sentencing categories: 14 Sec. ___. Section 903A.2, subsection 1, paragraph 15 a, unnumbered paragraph 1, Code 2014, is amended to 16 read as follows: 17 Category “A” sentences are those sentences which are 18 not subject to a maximum accumulation of earned time of 19 fifteen percent of the total sentence of confinement 20 under section 902.12 or category “C” sentences . To 21 the extent provided in subsection 5 , category “A” 22 sentences also include life sentences imposed under 23 section 902.1 . An inmate of an institution under the 24 control of the department of corrections who is serving 25 a category “A” sentence is eligible for a reduction of 26 sentence equal to one and two-tenths days for each day 27 the inmate demonstrates good conduct and satisfactorily 28 participates in any program or placement status 29 identified by the director to earn the reduction. The 30 programs include but are not limited to the following: 31 Sec. ___. Section 903A.2, subsection 1, paragraph 32 b, Code 2014, is amended to read as follows: 33 b. Category “B” sentences are those sentences 34 which are subject to a maximum accumulation of earned 35 time of fifteen percent of the total sentence of 36 confinement under section 902.12 and are not category 37 “C” sentences . An inmate of an institution under the 38 control of the department of corrections who is serving 39 a category “B” sentence is eligible for a reduction of 40 sentence equal to fifteen eighty-fifths of a day for 41 each day of good conduct by the inmate. 42 Sec. ___. Section 903A.2, subsection 1, Code 2014, 43 is amended by adding the following new paragraph: 44 NEW PARAGRAPH . c. Notwithstanding paragraphs “a” 45 and “b” , an inmate serving a category “C” sentence is 46 ineligible to earn any reduction of sentence under this 47 section. Category “C” sentences are those sentences 48 where the victim was fifteen years of age or younger at 49 the time the offense was committed and is a violation 50 -1- SF2201.3111 (3) 85 jm/rj 1/ 2 #1. #2.
of any of the following: 1 (1) Section 707.3 or 707.11. 2 (2) Section 709.2, 709.3, 709.4, or 709.8, section 3 709.11, subsection 1 or 2, section 709.15, subsection 4 4, paragraph “a” , or section 709.15, subsection 5, 5 paragraph “a” . 6 (3) Section 710.3 or 710.4. 7 (4) Section 710A.2, subsection 2 or 4. 8 (5) Section 728.12, subsection 1 or 2, or section 9 728.12, subsection 3, if the offense is classified as 10 a felony. 11 Sec. ___. Section 903A.7, Code 2014, is amended to 12 read as follows: 13 903A.7 Separate sentences. 14 1. Consecutive multiple sentences that are within 15 the same category under section 903A.2 shall be 16 construed as one continuous sentence for purposes of 17 calculating reductions of sentence for earned time. 18 2. If a person is sentenced to serve sentences of 19 both categories, category “B” sentences shall be served 20 before category “A” sentences are served, and earned 21 time accrued against the category “B” sentences shall 22 not be used to reduce the category “A” sentences. If 23 an inmate serving a category “A” sentence is sentenced 24 to serve a category “B” sentence, the category “A” 25 sentence shall be interrupted, and no further earned 26 time shall accrue against that sentence until the 27 category “B” sentence is completed. 28 3. If a person is sentenced to serve both a 29 category “C” sentence and another category sentence, 30 the category “C” sentence shall be served before the 31 other category sentence is served, and no earned time 32 shall accrue until the category “C” sentence has been 33 served. If an inmate serving another category sentence 34 besides a category “C” sentence is sentenced to serve 35 a category “C” sentence, the sentence of the other 36 category sentence shall be interrupted, and no further 37 earned time shall accrue against that sentence until 38 the category “C” sentence is completed. > 39 3. Title page, line 1, after < kidnapping, > by 40 inserting < the accumulation of earned time for criminal 41 offenses involving certain minor victims, > 42 ______________________________ COMMITTEE ON JUDICIARY BALTIMORE of Boone, Chairperson -2- SF2201.3111 (3) 85 jm/rj 2/ 2 #3.