Senate
File
2209
-
Introduced
SENATE
FILE
2209
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
3075)
A
BILL
FOR
An
Act
prohibiting
certain
credits
for
time
served
while
on
1
probation.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2209
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
EXPLANATION
21
This
bill
relates
to
receiving
credit
for
time
served
while
22
on
probation.
23
The
bill
specifies
that
a
person
who
receives
a
suspended
24
sentence
and
is
placed
on
probation
and
who
has
probation
25
subsequently
revoked
shall
not
be
given
credit
for
time
26
served
while
on
probation
unless
the
person
has
been
committed
27
to
an
alternate
jail
facility
or
a
community
correctional
28
residential
treatment
facility.
A
person
who
serves
time
in
a
29
jail
receives
credit
for
time
served
pursuant
to
Code
section
30
903A.5.
31
The
bill
is
in
response
to
Anderson
v.
State,
801
N.W.2d
1
32
(Iowa
2011),
in
which
the
Iowa
supreme
court
ruled
Iowa
law
33
requires
a
person,
who
is
on
probation
and
subsequently
sent
to
34
prison,
to
receive
credit
for
the
time
served
at
an
alternate
35
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2209
jail
facility,
a
community
correctional
residential
treatment
1
facility,
or
a
judicial
district
department
of
correctional
2
services
for
supervision
or
services.
3
Credit
for
time
served
ultimately
reduces
the
period
of
time
4
a
person
serves
in
confinement
in
a
jail
or
prison.
Credit
for
5
time
served
is
not
earned
time
under
Code
section
903A.2.
6
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