SENATE FILE 270

BY  SODDERS

A BILL FOR

An Act establishing parole for certain persons serving a class “A” felony sentence and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

   Section 1.  Section 902.1, Code 2011, is amended to read as follows:
   902.1  Class “A” felony.
   1.  Upon a plea of guilty, a verdict of guilty, or a special verdict upon which a judgment of conviction of a class “A” felony may be rendered, the court shall enter a judgment of conviction and shall commit the defendant into the custody of the director of the Iowa department of corrections for the rest of the defendant’s life. Nothing in the Iowa corrections code pertaining to deferred judgment, deferred sentence, suspended sentence, or reconsideration of sentence applies to a class “A” felony, and a person defendant convicted of a class “A” felony shall not be released on parole unless the governor commutes the sentence to a term of years.
   2.
  a.  Notwithstanding subsection 1, a defendant convicted of a class “A” felony, and who was under the age of eighteen at the time the offense was committed shall be eligible for parole after serving a minimum term of confinement of thirty years.
   b.  If a defendant is paroled pursuant to this subsection, the defendant shall be subject to the same set of procedures set out in chapters 901B, 905, 906, and chapter 908, and rules adopted under those chapters for defendants on parole.
   c.  A defendant convicted of murder in the first degree in violation of section 707.2 shall not be eligible for parole pursuant to this subsection. A defendant convicted of any other class “A” felony where a murder or homicide arose out of the same set of facts as the class “A” felony, shall not be eligible for parole.
   Sec. 2.  Section 906.5, subsection 1, unnumbered paragraph 1, Code 2011, is amended to read as follows:
   The board shall establish and implement a plan by which the board systematically reviews the status of each person who has been committed to the custody of the director of the Iowa department of corrections and considers the person’s prospects for parole or work release. The board at least annually shall review the status of a person other than a class “A” felon, a class “B” felon serving a sentence of more than twenty-five years, or a felon serving an offense punishable under section 902.9, subsection 1, or a felon serving a mandatory minimum sentence other than a class “A” felon, and provide the person with notice of the board’s parole or work release decision.  The board shall only review the status of a class “A” felon eligible for parole pursuant to section 902.1, subsection 2, upon the person serving the mandatory minimum term of confinement, and shall only review the status every five years thereafter.
   Sec. 3.  EFFECTIVE UPON ENACTMENT.  This Act, being deemed of immediate importance, takes effect upon enactment.
EXPLANATION
   This bill establishes a parole procedure for certain persons serving a class “A” felony.
   The bill provides that a person serving a class “A” felony who was under 18 years of age when the offense was committed is eligible for parole after serving a minimum term of confinement of 30 years.
   The bill applies to the following class “A” felonies: conspiracy to manufacture for delivery, delivery, or intent to deliver amphetamine or methamphetamine to a minor in violation of Code section 124.401D; sexual abuse in the first degree in violation of Code section 709.2; kidnapping in the first degree in violation of Code section 710.2; and enhanced penalties for sexual abuse and lascivious acts with a child in violation of Code section 902.14.
   The bill does not apply to the following class “A” felonies: murder in the first degree in violation of Code section 707.2; or any other class “A” felony if a murder or homicide arose out of the same set of facts as the class “A” felony.
   The bill specifies the board of parole shall only review the status of a person eligible for parole under the bill upon the person serving 30 years of confinement, and restricts the board from reviewing the status of the person to every five years thereafter.
   If a person is paroled pursuant to the bill, the person shall be subject to the same set of procedures set out in Code chapters 901B, 905, 906, and 908, and rules adopted under those Code chapters for persons on parole. The parole status of a person paroled pursuant to the bill may be revoked and the original sentence imposed under the procedures of Code chapter 908. The paroled person may also be discharged early from parole pursuant to Code section 906.15.
   Code section 903A.5 does not apply to reduce the mandatory minimum sentence of 30 years established by the bill.
   The bill also does not apply to enhanced life sentences in Code chapter 901A (sexually predatory offenses).
   The bill takes effect upon enactment.