House
File
2316
-
Introduced
HOUSE
FILE
2316
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
HSB
512)
A
BILL
FOR
An
Act
prohibiting
certain
credits
for
time
served
while
on
1
probation,
and
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
907.3,
subsection
3,
unnumbered
1
paragraph
1,
Code
Supplement
2011,
is
amended
to
read
as
2
follows:
3
By
record
entry
at
the
time
of
or
after
sentencing,
the
court
4
may
suspend
the
sentence
and
place
the
defendant
on
probation
5
upon
such
terms
and
conditions
as
it
may
require
including
6
commitment
to
an
alternate
jail
facility
or
a
community
7
correctional
residential
treatment
facility
to
be
followed
8
by
a
period
of
probation
as
specified
in
section
907.7
,
or
9
commitment
of
the
defendant
to
the
judicial
district
department
10
of
correctional
services
for
supervision
or
services
under
11
section
901B.1
at
the
level
of
sanctions
which
the
district
12
department
determines
to
be
appropriate
and
the
payment
of
13
fees
imposed
under
section
905.14
.
A
person
so
committed
who
14
has
probation
revoked
shall
not
be
given
credit
for
such
time
15
served.
However,
the
a
person
committed
to
an
alternate
jail
16
facility
or
a
community
correctional
residential
treatment
17
facility
who
has
probation
revoked
shall
be
given
credit
for
18
time
served
in
the
facility.
The
court
shall
not
suspend
any
19
of
the
following
sentences:
20
Sec.
2.
APPLICABILITY
AND
WAIVER
OF
RIGHTS.
A
person
who
21
commits
an
offense
prior
to
the
effective
date
of
this
Act
22
may
expressly
state
to
the
court,
at
the
time
of
sentencing,
23
that
the
person
waives
any
rights
under
Anderson
v.
State,
24
801
N.W.2d
1,
relating
to
the
calculation
of
credit
for
time
25
served,
and
agree
to
be
sentenced
using
credits
as
calculated
26
under
section
907.3
as
amended
by
this
Act.
If
the
court
finds
27
the
waiver
voluntary,
the
sentencing
order
shall
reference
the
28
person’s
waiver
of
rights
under
Anderson,
and
order
that
credit
29
for
time
served
be
calculated
under
section
907.3,
as
amended
30
by
this
Act.
31
Sec.
3.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
32
immediate
importance,
takes
effect
upon
enactment.
33
EXPLANATION
34
This
bill
relates
to
receiving
credit
for
time
served
while
35
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2316
on
probation.
1
The
bill
specifies
that
a
person
who
receives
a
suspended
2
sentence
and
is
placed
on
probation
and
who
has
probation
3
subsequently
revoked
shall
not
be
given
credit
for
time
4
served
while
on
probation
unless
the
person
has
been
committed
5
to
an
alternate
jail
facility
or
a
community
correctional
6
residential
treatment
facility.
A
person
who
serves
time
in
a
7
jail
receives
credit
for
time
served
pursuant
to
Code
section
8
903A.5.
9
The
bill
is
in
response
to
Anderson
v.
State,
801
N.W.2d
1
10
(Iowa
2011),
in
which
the
Iowa
supreme
court
ruled
Iowa
law
11
requires
a
person,
who
is
on
probation
and
subsequently
sent
to
12
prison,
to
receive
credit
for
the
time
served
at
an
alternate
13
jail
facility,
a
community
correctional
residential
treatment
14
facility,
or
a
judicial
district
department
of
correctional
15
services
for
supervision
or
services.
16
The
bill
also
provides
that
a
person
who
commits
an
offense
17
prior
to
the
effective
date
of
the
bill
may
expressly
state
18
to
the
court,
at
the
time
of
sentencing,
that
the
person
19
waives
any
rights
under
the
Anderson
case
that
relate
to
20
the
calculation
of
credit
for
time
served,
and
agrees
to
be
21
sentenced
using
credits
as
calculated
under
Code
section
907.3,
22
as
amended
by
the
bill.
23
Credit
for
time
served
ultimately
reduces
the
period
of
time
24
a
person
serves
in
confinement
in
a
jail
or
prison.
Credit
for
25
time
served
is
not
earned
time
under
Code
section
903A.2.
26
The
bill
takes
effect
upon
enactment.
27
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