Senate
File
270
-
Introduced
SENATE
FILE
270
BY
SODDERS
A
BILL
FOR
An
Act
establishing
parole
for
certain
persons
serving
a
class
1
“A”
felony
sentence
and
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
TLSB
2379SS
(3)
84
jm/rj
S.F.
270
Section
1.
Section
902.1,
Code
2011,
is
amended
to
read
as
1
follows:
2
902.1
Class
“A”
felony.
3
1.
Upon
a
plea
of
guilty,
a
verdict
of
guilty,
or
a
special
4
verdict
upon
which
a
judgment
of
conviction
of
a
class
“A”
5
felony
may
be
rendered,
the
court
shall
enter
a
judgment
of
6
conviction
and
shall
commit
the
defendant
into
the
custody
of
7
the
director
of
the
Iowa
department
of
corrections
for
the
rest
8
of
the
defendant’s
life.
Nothing
in
the
Iowa
corrections
code
9
pertaining
to
deferred
judgment,
deferred
sentence,
suspended
10
sentence,
or
reconsideration
of
sentence
applies
to
a
class
“A”
11
felony,
and
a
person
defendant
convicted
of
a
class
“A”
felony
12
shall
not
be
released
on
parole
unless
the
governor
commutes
13
the
sentence
to
a
term
of
years.
14
2.
a.
Notwithstanding
subsection
1,
a
defendant
convicted
15
of
a
class
“A”
felony,
and
who
was
under
the
age
of
eighteen
at
16
the
time
the
offense
was
committed
shall
be
eligible
for
parole
17
after
serving
a
minimum
term
of
confinement
of
thirty
years.
18
b.
If
a
defendant
is
paroled
pursuant
to
this
subsection,
19
the
defendant
shall
be
subject
to
the
same
set
of
procedures
20
set
out
in
chapters
901B,
905,
906,
and
chapter
908,
and
rules
21
adopted
under
those
chapters
for
defendants
on
parole.
22
c.
A
defendant
convicted
of
murder
in
the
first
degree
in
23
violation
of
section
707.2
shall
not
be
eligible
for
parole
24
pursuant
to
this
subsection.
A
defendant
convicted
of
any
25
other
class
“A”
felony
where
a
murder
or
homicide
arose
out
of
26
the
same
set
of
facts
as
the
class
“A”
felony,
shall
not
be
27
eligible
for
parole.
28
Sec.
2.
Section
906.5,
subsection
1,
unnumbered
paragraph
29
1,
Code
2011,
is
amended
to
read
as
follows:
30
The
board
shall
establish
and
implement
a
plan
by
which
the
31
board
systematically
reviews
the
status
of
each
person
who
32
has
been
committed
to
the
custody
of
the
director
of
the
Iowa
33
department
of
corrections
and
considers
the
person’s
prospects
34
for
parole
or
work
release.
The
board
at
least
annually
shall
35
-1-
LSB
2379SS
(3)
84
jm/rj
1/
3
S.F.
270
review
the
status
of
a
person
other
than
a
class
“A”
felon,
a
1
class
“B”
felon
serving
a
sentence
of
more
than
twenty-five
2
years,
or
a
felon
serving
an
offense
punishable
under
section
3
902.9,
subsection
1
,
or
a
felon
serving
a
mandatory
minimum
4
sentence
other
than
a
class
“A”
felon,
and
provide
the
person
5
with
notice
of
the
board’s
parole
or
work
release
decision.
6
The
board
shall
only
review
the
status
of
a
class
“A”
felon
7
eligible
for
parole
pursuant
to
section
902.1,
subsection
8
2,
upon
the
person
serving
the
mandatory
minimum
term
of
9
confinement,
and
shall
only
review
the
status
every
five
years
10
thereafter.
11
Sec.
3.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
of
12
immediate
importance,
takes
effect
upon
enactment.
13
EXPLANATION
14
This
bill
establishes
a
parole
procedure
for
certain
persons
15
serving
a
class
“A”
felony.
16
The
bill
provides
that
a
person
serving
a
class
“A”
felony
17
who
was
under
18
years
of
age
when
the
offense
was
committed
is
18
eligible
for
parole
after
serving
a
minimum
term
of
confinement
19
of
30
years.
20
The
bill
applies
to
the
following
class
“A”
felonies:
21
conspiracy
to
manufacture
for
delivery,
delivery,
or
intent
to
22
deliver
amphetamine
or
methamphetamine
to
a
minor
in
violation
23
of
Code
section
124.401D;
sexual
abuse
in
the
first
degree
in
24
violation
of
Code
section
709.2;
kidnapping
in
the
first
degree
25
in
violation
of
Code
section
710.2;
and
enhanced
penalties
for
26
sexual
abuse
and
lascivious
acts
with
a
child
in
violation
of
27
Code
section
902.14.
28
The
bill
does
not
apply
to
the
following
class
“A”
felonies:
29
murder
in
the
first
degree
in
violation
of
Code
section
707.2;
30
or
any
other
class
“A”
felony
if
a
murder
or
homicide
arose
out
31
of
the
same
set
of
facts
as
the
class
“A”
felony.
32
The
bill
specifies
the
board
of
parole
shall
only
review
the
33
status
of
a
person
eligible
for
parole
under
the
bill
upon
the
34
person
serving
30
years
of
confinement,
and
restricts
the
board
35
-2-
LSB
2379SS
(3)
84
jm/rj
2/
3
S.F.
270
from
reviewing
the
status
of
the
person
to
every
five
years
1
thereafter.
2
If
a
person
is
paroled
pursuant
to
the
bill,
the
person
3
shall
be
subject
to
the
same
set
of
procedures
set
out
in
Code
4
chapters
901B,
905,
906,
and
908,
and
rules
adopted
under
those
5
Code
chapters
for
persons
on
parole.
The
parole
status
of
a
6
person
paroled
pursuant
to
the
bill
may
be
revoked
and
the
7
original
sentence
imposed
under
the
procedures
of
Code
chapter
8
908.
The
paroled
person
may
also
be
discharged
early
from
9
parole
pursuant
to
Code
section
906.15.
10
Code
section
903A.5
does
not
apply
to
reduce
the
mandatory
11
minimum
sentence
of
30
years
established
by
the
bill.
12
The
bill
also
does
not
apply
to
enhanced
life
sentences
in
13
Code
chapter
901A
(sexually
predatory
offenses).
14
The
bill
takes
effect
upon
enactment.
15
-3-
LSB
2379SS
(3)
84
jm/rj
3/
3