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 TLSB 5232HV (2) 84 jm/rj
H.F. 2316 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 -1- LSB 5232HV (2) 84 jm/rj 1/ 2
H.F. 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 -2- LSB 5232HV (2) 84 jm/rj 2/ 2