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 TLSB 5232SV (2) 84 jm/rj
S.F. 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 -1- LSB 5232SV (2) 84 jm/rj 1/ 2
S.F. 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 -2- LSB 5232SV (2) 84 jm/rj 2/ 2