SENATE FILE _____

BY  (PROPOSED COMMITTEE ON JUDICIARY BILL BY CHAIRPERSON FRAISE)

A BILL FOR

An Act establishing a parole procedure for certain persons serving a class “A” felony sentence.
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 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 person convicted of a class “A” felony, and who was a child 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 twenty-five years.
   b.  If a person is paroled pursuant to this subsection the person 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 persons on parole.
   c.  A person convicted of murder in the first degree in violation of section 707.2 shall not be eligible for parole pursuant to this subsection.
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, other than a person convicted of murder in the first degree, who was under 18 years of age when the offense was committed is eligible for parole after serving a minimum term of confinement of 25 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.
   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 25 years established by the bill.
   The bill also does not apply to enhanced life sentences in Code chapter 901A (sexually predatory offenses).