House File 391 - Introduced
HOUSE FILE
BY FORD and BERRY
Passed House, Date Passed Senate, Date
Vote: Ayes Nays Vote: Ayes Nays
Approved
A BILL FOR
1 An Act repealing sentences restricting the maximum accumulation
2 of earned time credits to approximately fifteen percent of a
3 criminal sentence.
4 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
5 TLSB 2205HH 82
6 jm/gg/14
PAG LIN
1 1 Section 1. Section 822.2, subsection 1, paragraph f, Code
1 2 2007, is amended to read as follows:
1 3 f. The person's reduction of sentence pursuant to sections
1 4 903A.1 through 903A.7 903A.6 has been unlawfully forfeited and
1 5 the person has exhausted the appeal procedure of section
1 6 903A.3, subsection 2.
1 7 Sec. 2. Section 901.8, Code 2007, is amended to read as
1 8 follows:
1 9 901.8 CONSECUTIVE SENTENCES.
1 10 If a person is sentenced for two or more separate offenses,
1 11 the sentencing judge may order the second or further sentence
1 12 to begin at the expiration of the first or succeeding
1 13 sentence. If a person is sentenced for escape under section
1 14 719.4 or for a crime committed while confined in a detention
1 15 facility or penal institution, the sentencing judge shall
1 16 order the sentence to begin at the expiration of any existing
1 17 sentence. If the person is presently in the custody of the
1 18 director of the Iowa department of corrections, the sentence
1 19 shall be served at the facility or institution in which the
1 20 person is already confined unless the person is transferred by
1 21 the director. Except as otherwise provided in section 903A.7,
1 22 if If consecutive sentences are specified in the order of
1 23 commitment, the several terms shall be construed as one
1 24 continuous term of imprisonment.
1 25 Sec. 3. NEW SECTION. 902.15 APPLICATION OF
1 26 SEVENTY=PERCENT MINIMUM SENTENCES.
1 27 Sections 822.2, 901.8, 902.12, 903A.2, 903A.7, 905.6,
1 28 905.11, 906.4, and 906.15, as the sections appear in the 2007
1 29 Code, remain in effect for inmates sentenced for offenses
1 30 committed prior to July 1, 2007.
1 31 Sec. 4. Section 903A.2, subsection 1, Code 2007, is
1 32 amended to read as follows:
1 33 1. a. Each inmate committed to the custody of the
1 34 director of the department of corrections is eligible to earn
1 35 a reduction of sentence in the manner provided in this
2 1 section. For purposes of calculating the amount of time by
2 2 which an inmate's sentence may be reduced, inmates shall be
2 3 grouped into the following two sentencing categories:
2 4 a. Category "A" sentences are those sentences which are
2 5 not subject to a maximum accumulation of earned time of
2 6 fifteen percent of the total sentence of confinement under
2 7 section 902.12. To the extent provided in subsection 5,
2 8 category "A" sentences also include life sentences imposed
2 9 under section 902.1. An inmate of an institution under the
2 10 control of the department of corrections who is serving a
2 11 category "A" sentence is eligible for a reduction of sentence
2 12 equal to one and two=tenths days for each day the inmate
2 13 demonstrates good conduct and satisfactorily participates in
2 14 any program or placement status identified by the director to
2 15 earn the reduction. The programs include but are not limited
2 16 to the following:
2 17 (1) Employment in the institution.
2 18 (2) Iowa state industries.
2 19 (3) An employment program established by the director.
2 20 (4) A treatment program established by the director.
2 21 (5) An inmate educational program approved by the
2 22 director.
2 23 b. However, an An inmate required to participate in a sex
2 24 offender treatment program shall not be eligible for a
2 25 reduction of sentence unless the inmate participates in and
2 26 completes a sex offender treatment program established by the
2 27 director.
2 28 c. An inmate serving a category "A" sentence is eligible
2 29 for an additional reduction of sentence of up to three hundred
2 30 sixty=five days of the full term of the sentence of the inmate
2 31 for exemplary acts. In accordance with section 903A.4, the
2 32 director shall by policy identify what constitutes an
2 33 exemplary act that may warrant an additional reduction of
2 34 sentence.
2 35 b. Category "B" sentences are those sentences which are
3 1 subject to a maximum accumulation of earned time of fifteen
3 2 percent of the total sentence of confinement under section
3 3 902.12. An inmate of an institution under the control of the
3 4 department of corrections who is serving a category "B"
3 5 sentence is eligible for a reduction of sentence equal to
3 6 fifteen eighty=fifths of a day for each day of good conduct by
3 7 the inmate.
3 8 Sec. 5. Section 905.6, subsection 9, Code 2007, is amended
3 9 by striking the subsection.
3 10 Sec. 6. Section 906.4, unnumbered paragraph 2, Code 2007,
3 11 is amended by striking the unnumbered paragraph.
3 12 Sec. 7. Section 906.15, unnumbered paragraph 1, Code 2007,
3 13 is amended to read as follows:
3 14 Unless sooner discharged, a person released on parole shall
3 15 be discharged when the person's term of parole equals the
3 16 period of imprisonment specified in the person's sentence,
3 17 less all time served in confinement. Discharge from parole
3 18 may be granted prior to such time, when an early discharge is
3 19 appropriate. The board shall periodically review all paroles,
3 20 and when the board determines that any person on parole is
3 21 able and willing to fulfill the obligations of a law=abiding
3 22 citizen without further supervision, the board shall discharge
3 23 the person from parole. A parole officer shall periodically
3 24 review all paroles assigned to the parole officer, and when
3 25 the parole officer determines that any person assigned to the
3 26 officer is able and willing to fulfill the obligations of a
3 27 law=abiding citizen without further supervision, the officer
3 28 may discharge the person from parole after notification and
3 29 approval of the district director and notification of the
3 30 board of parole. In any event, discharge from parole shall
3 31 terminate the person's sentence. If a person has been
3 32 sentenced to a special sentence under section 903B.1 or
3 33 903B.2, the person may be discharged early from the sentence
3 34 in the same manner as any other person on parole. However, a
3 35 person convicted of a violation of section 709.3, 709.4, or
4 1 709.8 committed on or with a child, or a person serving a
4 2 sentence under section 902.12, shall not be discharged from
4 3 parole until the person's term of parole equals the period of
4 4 imprisonment specified in the person's sentence, less all time
4 5 served in confinement.
4 6 Sec. 8. Sections 902.12, 903A.7, and 905.11, Code 2007,
4 7 are repealed.
4 8 EXPLANATION
4 9 This bill repeals the statute subjecting certain criminal
4 10 sentences to a maximum accumulation of earned time of
4 11 approximately 15 percent of the total sentence of confinement,
4 12 otherwise known as a 70=percent sentence and formerly known as
4 13 an 85=percent sentence.
4 14 Under the bill, an offender sentenced for an offense
4 15 previously subject to a 70=percent minimum sentence serves a
4 16 sentence that is subject to the same parole eligibility
4 17 requirements and earned time calculations as other offenders.
4 18 Current law provides that a person serving a 70=percent
4 19 sentence for an offense listed in Code section 902.12 is only
4 20 eligible for a reduction of sentence equal to 15/85 of a day
4 21 for each day of good conduct by the inmate, and is not
4 22 eligible for parole until serving 70 percent of the maximum
4 23 term of confinement.
4 24 The sentence of an offender currently serving a 70=percent
4 25 sentence prior to July 1, 2007, is not affected by the bill.
4 26 LSB 2205HH 82
4 27 jm:rj/gg/14