House File 43HOUSE FILE BY WESSEL=KROESCHELL Passed House, Date Passed Senate, Date Vote: Ayes Nays Vote: Ayes Nays Approved A BILL FOR 1 An Act establishing a parole procedure for certain class "A" 2 felons. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1100YH 83 5 jm/rj/14 PAG LIN 1 1 Section 1. Section 902.1, Code 2009, is amended to read as 1 2 follows: 1 3 902.1 CLASS "A" FELONY. 1 4 1. Upon a plea of guilty, a verdict of guilty, or a 1 5 special verdict upon which a judgment of conviction of a class 1 6 "A" felony may be rendered, the court shall enter a judgment 1 7 of conviction and shall commit the defendant into the custody 1 8 of the director of the Iowa department of corrections for the 1 9 rest of the defendant's life. Nothing in the Iowa corrections 1 10 code pertaining to deferred judgment, deferred sentence, 1 11 suspended sentence, or reconsideration of sentence applies to 1 12 a class "A" felony, and a person convicted of a class "A" 1 13 felony shall not be released on parole unless the governor 1 14 commutes the sentence to a term of years. 1 15 2. Notwithstanding subsection 1, a person may be released 1 16 on parole or work release pursuant to the procedures in 1 17 section 902.1A if the person was under the age of eighteen at 1 18 the time the class "A" felony offense was committed. 1 19 Sec. 2. NEW SECTION. 902.1A CLASS A FELONY == 1 20 APPLICATION FOR REVIEW OF SENTENCE. 1 21 1. As used in this section: 1 22 a. "Board" means the board of parole. 1 23 b. "Director" means the director of the department of 1 24 corrections. 1 25 2. After serving a period of incarceration of fifteen 1 26 years of a class "A" felony sentence, a person who was under 1 27 the age of eighteen at the time the offense was committed may 1 28 submit an application for review of sentence with the person's 1 29 counselor who shall then file the application with the 1 30 director or the director's designee within thirty days of 1 31 receiving the application. 1 32 3. Earned time accrued pursuant to chapter 903A shall not 1 33 be used to reduce the fifteen=year period of incarceration 1 34 requirement pursuant to subsection 2. 1 35 4. The applicant may use the assistance of an attorney in 2 1 preparing the application, at the applicant's expense. 2 2 5. The counselor may attach comments to the application 2 3 and shall ensure that the application filed with the director 2 4 or the director's designee contains the following information: 2 5 a. Criminal history. 2 6 b. Disciplinary history. 2 7 c. Supplementary treatment program record. 2 8 d. Mental health evaluations. 2 9 e. Social evaluations. 2 10 f. Evidence of physical or drug abuse prior to the 2 11 offense. 2 12 g. Any other information considered relevant to the 2 13 application. 2 14 6. The applicant shall have access to all information 2 15 contained in the application. 2 16 7. The director or the director's designee shall conduct a 2 17 review of the application within sixty days of receiving the 2 18 application. The director or the director's designee shall 2 19 make written findings and recommendations based upon the 2 20 application. The findings and recommendations shall be 2 21 clearly stated and supported by evidence in the application. 2 22 The applicant shall be provided a copy of the findings and 2 23 recommendations of the director or the director's designee. 2 24 8. The board shall review the application and the written 2 25 findings and recommendations of the director or the director's 2 26 designee. 2 27 9. When making a determination to grant or deny parole or 2 28 work release the board shall consider the following factors: 2 29 a. The age and level of maturity of the applicant at the 2 30 time the offense was committed. 2 31 b. The applicant's susceptibility to outside pressures at 2 32 the time the offense was committed. 2 33 c. The potential for rehabilitation at the time of the 2 34 application. 2 35 d. The nature and severity of the offense. 3 1 e. Prior juvenile and criminal history. 3 2 f. Overall behavioral record while incarcerated including 3 3 participation in prison programming and cooperation with 3 4 prison staff. 3 5 g. The likelihood that the applicant will commit other 3 6 offenses if released. 3 7 10. If a majority of the members of the board consider the 3 8 applicant parole or work release eligible, the board shall set 3 9 a hearing on the application. The board shall provide at 3 10 least fifteen days' notice of the hearing to the attorney 3 11 general and to any victim of the class "A" felony offense. 3 12 11. At the hearing and after review of any information 3 13 provided by the attorney general and any victim, the board may 3 14 grant parole or work release to an applicant pursuant to the 3 15 procedures under chapter 906. The board shall establish the 3 16 parole or work release time term at the time of granting 3 17 parole. 3 18 12. The decision to grant or deny parole or work release 3 19 shall be in writing and shall be supported by findings and 3 20 reasons for granting or denying parole or work release based 3 21 upon the factors enumerated in subsection 9. 3 22 13. A decision of the board granting or denying parole or 3 23 work release pursuant to this section constitutes a contested 3 24 case subject to judicial review pursuant to chapter 17A. 3 25 14. A person is eligible to submit a new application every 3 26 two years to the person's counselor pursuant to subsection 2. 3 27 15. An application filed pursuant to this section shall 3 28 not affect any other proceedings or procedures available to 3 29 the applicant. 3 30 16. The board shall prescribe the application form to be 3 31 used pursuant to this section, and shall prescribe the form 3 32 for counselor comments and for the findings and 3 33 recommendations of the director or director's designee. 3 34 EXPLANATION 3 35 This bill establishes a parole procedure for certain class 4 1 "A" felons. 4 2 The bill provides that a person serving a class "A" felony 4 3 sentence who committed the offense when under 18 years of age 4 4 may file an application for review of the sentence after 4 5 serving 15 years of the sentence. Earned time accrued 4 6 pursuant to Code chapter 903A shall not be used to reduce the 4 7 15=year period of incarceration requirement under the bill. 4 8 The bill provides that the person shall submit the 4 9 application to the person's counselor, who then is required to 4 10 file the application with the director of the department of 4 11 corrections or the director's designee within 30 days. 4 12 Under the bill, the counselor may attach comments to the 4 13 application and is required to ensure the application contains 4 14 all the relevant histories of the applicant and any other 4 15 information considered relevant. 4 16 The bill requires the director of the department of 4 17 corrections or the director's designee to make written 4 18 findings and recommendations based upon the application within 4 19 60 days of receiving the application. The findings and 4 20 recommendations shall be clearly stated and supported by 4 21 evidence in the application. The applicant shall be provided 4 22 a copy of the written findings and recommendations. 4 23 Under the bill, the board of parole shall review the 4 24 application and written findings and recommendations of the 4 25 director or the director's designee. The bill requires that 4 26 the board of parole consider the following factors when 4 27 determining whether to grant or deny parole or work release to 4 28 the applicant: the age and maturity level of the applicant at 4 29 the time the offense was committed; the applicant's 4 30 susceptibility to outside pressures at the time the offense 4 31 was committed; the potential for rehabilitation; the nature 4 32 and severity of the offense; prior juvenile and criminal 4 33 history; the overall behavioral record while incarcerated; and 4 34 the likelihood to commit other offenses if released. 4 35 The bill provides that if a majority of board of parole 5 1 members consider the applicant parole or work release 5 2 eligible, the board shall set a parole hearing on the 5 3 application. The bill requires the board to provide a minimum 5 4 of 15 days' notice of any hearing to the attorney general and 5 5 any victim of the offense. 5 6 The bill provides that at the parole hearing and after 5 7 review of any information provided by the attorney general and 5 8 any victim, the board may grant parole or work release to an 5 9 applicant pursuant to the procedures under Code chapter 906. 5 10 The bill also provides that the board of parole establish the 5 11 parole or work release term at the time of granting parole. 5 12 The bill provides that the decision to grant or deny parole 5 13 or work release shall be in writing, setting forth the 5 14 findings and reasons for granting or denying parole or work 5 15 release based upon the factors enumerated in the bill. 5 16 The bill provides that a decision of the board granting or 5 17 denying parole or work release is a contested case subject to 5 18 judicial review pursuant to Code chapter 17A. Current law 5 19 provides that parole decisions are not a contested case and 5 20 are not subject to judicial review pursuant to Code chapter 5 21 17A. 5 22 The bill provides that a person is eligible to submit an 5 23 application every two years to the person's counselor. 5 24 LSB 1100YH 83 5 25 jm/rj/14