House File 569
HOUSE FILE
BY WINCKLER
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act relating to criminal sentencing and procedure by changing
2 the penalties for certain offenses involving a substance
3 containing cocaine base, creating a criminal offense of
4 robbery in the third degree, expanding the applicability of
5 the intermediate criminal sanctions program, changing the
6 parole and work release eligibility of a person serving a
7 sentence that requires the maximum accumulation of earned time
8 credits of fifteen percent of the total term of confinement,
9 creating a community=based corrections advisory board, and
10 providing a penalty.
11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
12 TLSB 2731HH 80
13 jm/pj/5
PAG LIN
1 1 Section 1. Section 124.401, subsection 1, paragraph a,
1 2 subparagraph (3), Code 2003, is amended to read as follows:
1 3 (3) More than fifty five hundred grams of a mixture or
1 4 substance described in subparagraph (2) which contains cocaine
1 5 base.
1 6 Sec. 2. Section 124.401, subsection 1, paragraph b,
1 7 subparagraph (3), Code 2003, is amended to read as follows:
1 8 (3) More than five fifty grams but not more than fifty
1 9 five hundred grams of a mixture or substance described in
1 10 subparagraph (2) which contains cocaine base.
1 11 Sec. 3. Section 124.401, subsection 1, paragraph c,
1 12 subparagraph (3), Code 2003, is amended to read as follows:
1 13 (3) Five Fifty grams or less of a mixture or substance
1 14 described in subparagraph (2) which contains cocaine base.
1 15 Sec. 4. Section 711.3, Code 2003, is amended to read as
1 16 follows:
1 17 711.3 ROBBERY IN THE SECOND DEGREE.
1 18 All robbery which is not robbery in the first degree is
1 19 robbery in the second degree, except as provided in section
1 20 711.3A. Robbery in the second degree is a class "C" felony.
1 21 Sec. 5. NEW SECTION. 711.3A ROBBERY IN THE THIRD DEGREE.
1 22 A person commits robbery in the third degree when, while
1 23 perpetrating a robbery, the person commits an assault upon
1 24 another as defined in section 708.2, subsection 5. Robbery in
1 25 the third degree is an aggravated misdemeanor.
1 26 Sec. 6. Section 901B.1, Code 2003, is amended by adding
1 27 the following new subsection:
1 28 NEW SUBSECTION. 5. An intermediate criminal sanctions
1 29 program shall also include a plan for persons on parole or
1 30 work release. The intermediate criminal sanctions program
1 31 shall consist of the same levels as the levels used for
1 32 probationers but shall be adapted for persons on parole or
1 33 work release. The plan shall be adopted by the chief judge of
1 34 the judicial district and the director of the judicial
1 35 district department of correctional services and shall be
2 1 operated in accordance with the overall intermediate criminal
2 2 sanctions program.
2 3 Sec. 7. Section 902.12, unnumbered paragraph 1, Code 2003,
2 4 is amended to read as follows:
2 5 Except as otherwise provided in section 903A.2, a A person
2 6 serving a sentence for conviction of the following forcible
2 7 felonies shall serve one hundred percent of the maximum term
2 8 of the person's sentence and shall not be released on be
2 9 denied parole or work release unless the person has served at
2 10 least seven=tenths of the maximum term of the person's
2 11 sentence:
2 12 Sec. 8. Section 902.12, subsection 5, unnumbered paragraph
2 13 2, Code 2003, is amended to read as follows:
2 14 Except as otherwise provided in section 903A.2, a person
2 15 serving a sentence for conviction under
2 16 6. Vehicular homicide in violation of section 707.6A,
2 17 subsection 1 or 2, shall serve one hundred percent of the
2 18 maximum term of the person's sentence and shall not be
2 19 released on parole or work release if the person was also
2 20 convicted under section 321.261, subsection 3, based on the
2 21 same facts or event that resulted in the conviction under
2 22 section 707.6A, subsection 1 or 2.
2 23 Sec. 9. NEW SECTION. 905.15 COMMUNITY=BASED CORRECTIONS
2 24 ADVISORY BOARD.
2 25 1. A statewide community=based corrections advisory board
2 26 is established. The members of the board shall consist of a
2 27 representative from each judicial district department of
2 28 correctional services. The advisory board shall study the
2 29 current structure of the criminal justice system including the
2 30 utilization of drug and mental health courts, assess the
2 31 impact of criminal penalties on the overall system, identify
2 32 potential modifications, and work with the corrections board
2 33 and the board of parole on recommendations for potential
2 34 modifications to the current system. The advisory board may
2 35 also consult and work with the judicial branch, the county
3 1 attorney's association, the attorney general, crime victim
3 2 groups, and other agencies, or organizations associated with
3 3 the criminal justice system.
3 4 2. A member of the board shall be reimbursed for actual
3 5 and necessary expenses incurred in the performance of the
3 6 member's duties, if such member is not otherwise reimbursed
3 7 for such expenses.
3 8 Sec. 10. Section 906.5, subsection 4, Code 2003, is
3 9 amended to read as follows:
3 10 4. A person while on parole or work release is under the
3 11 supervision of the district department of correctional
3 12 services of the district designated by the board of parole,
3 13 and the board of parole may release the person subject to the
3 14 provisions of the intermediate criminal sanctions program
3 15 pursuant to chapter 901B. If a person is released by the
3 16 board of parole subject to the provisions of chapter 901B, the
3 17 district department may transfer a person along the
3 18 corrections continuum of the intermediate criminal sanctions
3 19 program as necessary and appropriate during the period the
3 20 person is assigned to the district department. The department
3 21 of corrections shall prescribe rules for governing persons on
3 22 parole or work release. The board may adopt other rules not
3 23 inconsistent with the rules of the department of corrections
3 24 as the board deems proper or necessary for the performance of
3 25 its functions.
3 26 EXPLANATION
3 27 This bill relates to criminal sentencing and procedure by
3 28 changing the penalties for certain offenses involving a
3 29 substance containing cocaine base, creating a criminal offense
3 30 of robbery in the third degree, expanding the applicability of
3 31 the intermediate criminal sanctions program, changing the
3 32 parole and work release eligibility of a person serving a
3 33 sentence that requires the maximum accumulation of earned time
3 34 credits of 15 percent of the total term of confinement,
3 35 creating a community=based corrections advisory board, and
4 1 providing a penalty.
4 2 CONTROLLED SUBSTANCES. The bill relates to the unlawful
4 3 manufacture, delivery, or possession with the intent to
4 4 manufacture or deliver, or conspiring to manufacture, deliver,
4 5 or possess with the intent to manufacture or deliver a cocaine
4 6 substance containing cocaine base, which is commonly referred
4 7 to as "crack cocaine". The bill increases the threshold
4 8 amount of "crack cocaine" that is necessary to obtain certain
4 9 felony drug convictions.
4 10 If a criminal offense under the bill involves more than 500
4 11 grams of a cocaine substance containing cocaine base, the
4 12 person commits a class "B" felony, punishable by confinement
4 13 for no more than 50 years, and a fine of not more than $1
4 14 million. Under current law, if the amount of the cocaine
4 15 substance containing cocaine base is more than 50 grams, a
4 16 person commits a class "B" felony, punishable by confinement
4 17 for no more than 50 years, and a fine of not more than $1
4 18 million. Current law also provides that the same criminal
4 19 penalty for other cocaine=related offenses requires more than
4 20 five kilograms.
4 21 If a criminal offense under the bill involves more than 50
4 22 grams but not more than 500 grams of a cocaine substance
4 23 containing cocaine base, the person commits a class "B"
4 24 felony, punishable by confinement for no more than 25 years,
4 25 and a fine of not less than $5,000 but not more than $100,000.
4 26 Under current law, if the amount of the cocaine substance
4 27 containing cocaine base is more than five grams but not more
4 28 than 50 grams, a person commits a class "B" felony, punishable
4 29 by confinement for no more than 25 years, and a fine of not
4 30 less than $5,000 but not more than $100,000. Current law also
4 31 provides that the same criminal penalty for other cocaine=
4 32 related offenses requires more than 500 grams but not more
4 33 than five kilograms.
4 34 If a criminal offense under the bill involves 50 grams or
4 35 less of a cocaine substance containing cocaine base, a person
5 1 commits a class "C" felony, punishable by confinement for no
5 2 more than 10 years, and a fine of not less than $1,000 but not
5 3 more than $50,000. Under current law, if the amount of the
5 4 cocaine substance containing cocaine base is five grams or
5 5 less, a person commits a class "C" felony, punishable by
5 6 confinement for no more than 10 years, and a fine of not less
5 7 than $1,000 but no more than $50,000. Current law also
5 8 provides that the same criminal penalty for other cocaine=
5 9 related offenses requires 500 grams or less.
5 10 ROBBERY IN THE THIRD DEGREE. The bill creates the criminal
5 11 offense of robbery in the third degree. The bill provides
5 12 that a person who commits or intends to commit a theft, and
5 13 who commits a simple misdemeanor assault to further the
5 14 commission of the theft, commits robbery in the third degree.
5 15 Under the bill a person who commits robbery in the third
5 16 degree commits an aggravated misdemeanor. Current law
5 17 provides that a person who commits or intends to commit a
5 18 theft and who commits a simple misdemeanor assault to further
5 19 the commission of the theft commits robbery in the second
5 20 degree punishable as a class "C" felony.
5 21 INTERMEDIATE CRIMINAL SANCTIONS PROGRAM. The bill provides
5 22 that if the board of parole releases a person subject to the
5 23 provisions of the intermediate criminal sanctions program
5 24 pursuant to Code chapter 901B, the judicial district
5 25 department of correctional services where the person was
5 26 assigned may transfer the person along the continuum as
5 27 necessary and appropriate during the period the person is
5 28 assigned to the district department. The sanctions on the
5 29 continuum include monitored sanctions, supervised sanctions,
5 30 intensive supervision sanctions, residential treatment, house
5 31 arrest, 21=day shock sentence for operating=while=intoxicated
5 32 offenders, and violators' facilities.
5 33 The bill provides that the chief judge of the judicial
5 34 district and the director of the judicial district department
5 35 of correctional services shall adopt an intermediate criminal
6 1 sanctions program adapted for persons on parole or work
6 2 release. The bill provides that the program for persons on
6 3 parole or work release shall be operated in accordance with
6 4 the district's overall intermediate criminal sanctions
6 5 program.
6 6 EIGHTY=FIVE PERCENT SENTENCE. The bill makes changes to a
6 7 sentence that requires the maximum accumulation of earned time
6 8 credits of 15 percent of the total sentence of confinement,
6 9 most commonly referred to as an 85 percent sentence.
6 10 The bill provides that a person who is serving an 85
6 11 percent sentence may be eligible for parole or work release
6 12 after serving 70 percent of the maximum term of confinement.
6 13 However, the bill does not change the maximum amount of earned
6 14 time which can be earned by a person serving an 85 percent
6 15 sentence; thus if a person is not released on parole or work
6 16 release, the person shall serve 85 percent of the sentence in
6 17 confinement. If a person is paroled after serving 70 percent
6 18 of the maximum term of confinement, all aspects of the
6 19 person's parole are the same as parole for other offenders.
6 20 The bill, by permitting parole of a person serving an 85
6 21 percent sentence, also provides by operation of Code section
6 22 906.16 the discharge from parole prior to the entire 85
6 23 percent sentence being served.
6 24 STATEWIDE CORRECTIONS ADVISORY BOARD. The bill creates a
6 25 statewide corrections advisory board consisting of a
6 26 representative from each judicial district department of
6 27 correctional services. The advisory board shall study the
6 28 current structure of the criminal justice system including the
6 29 utilization of drug and mental health courts, assess the
6 30 impact of criminal penalties, identify potential modifications
6 31 to the system, and work with the board of corrections and the
6 32 board of parole in making recommendations regarding
6 33 modifications to the current criminal justice system. The
6 34 bill provides that a person who serves on the advisory board
6 35 shall be reimbursed for actual and necessary expenses incurred
7 1 in the performance of the member's duties.
7 2 LSB 2731HH 80
7 3 jm/pj/5