House File 2208 - Introduced HOUSE FILE 2208 BY SHEETS , HEARTSILL , ALONS , BYRNES , GASSMAN , BRANDENBURG , FISHER , SHAW , SALMON , MAXWELL , VANDER LINDEN , BAUDLER , BALTIMORE , and KOESTER A BILL FOR An Act modifying earned time for a person who kidnaps a minor 1 and is required to register as a sex offender. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5616YH (5) 85 jm/rj

H.F. 2208 Section 1. Section 903A.2, subsection 1, paragraph a, 1 unnumbered paragraph 1, Code 2014, is amended to read as 2 follows: 3 Category “A” sentences are those sentences which are not 4 subject to a maximum accumulation of earned time of fifteen 5 percent of the total sentence of confinement under section 6 902.12 or category “C” sentences . To the extent provided 7 in subsection 5 , category “A” sentences also include life 8 sentences imposed under section 902.1 . An inmate of an 9 institution under the control of the department of corrections 10 who is serving a category “A” sentence is eligible for a 11 reduction of sentence equal to one and two-tenths days for each 12 day the inmate demonstrates good conduct and satisfactorily 13 participates in any program or placement status identified by 14 the director to earn the reduction. The programs include but 15 are not limited to the following: 16 Sec. 2. Section 903A.2, subsection 1, paragraph b, Code 17 2014, is amended to read as follows: 18 b. Category “B” sentences are those sentences which are 19 subject to a maximum accumulation of earned time of fifteen 20 percent of the total sentence of confinement under section 21 902.12 and are not category “C” sentences . An inmate of an 22 institution under the control of the department of corrections 23 who is serving a category “B” sentence is eligible for a 24 reduction of sentence equal to fifteen eighty-fifths of a day 25 for each day of good conduct by the inmate. 26 Sec. 3. Section 903A.2, subsection 1, Code 2014, is amended 27 by adding the following new paragraph: 28 NEW PARAGRAPH . c. Notwithstanding paragraphs “a” and “b” , 29 an inmate serving a category “C” sentence is ineligible to 30 earn any reduction of sentence under this section. Category 31 “C” sentences are those sentences for kidnapping as defined in 32 section 710.1, involving a minor, that requires a person to 33 register as a sex offender under chapter 692A. 34 Sec. 4. Section 903A.7, Code 2014, is amended to read as 35 -1- LSB 5616YH (5) 85 jm/rj 1/ 3

H.F. 2208 follows: 1 903A.7 Separate sentences. 2 1. Consecutive multiple sentences that are within the 3 same category under section 903A.2 shall be construed as one 4 continuous sentence for purposes of calculating reductions of 5 sentence for earned time. 6 2. If a person is sentenced to serve sentences of both 7 categories, category “B” sentences shall be served before 8 category “A” sentences are served, and earned time accrued 9 against the category “B” sentences shall not be used to reduce 10 the category “A” sentences. If an inmate serving a category 11 “A” sentence is sentenced to serve a category “B” sentence, 12 the category “A” sentence shall be interrupted, and no further 13 earned time shall accrue against that sentence until the 14 category “B” sentence is completed. 15 3. If a person is sentenced to serve both a category “C” 16 sentence and another category sentence, the category “C” 17 sentence shall be served before the other category sentence 18 is served, and no earned time shall accrue until the category 19 “C” sentence has been served. If an inmate serving another 20 category sentence besides a category “C” sentence is sentenced 21 to serve a category “C” sentence, the sentence of the other 22 category sentence shall be interrupted, and no further earned 23 time shall accrue against that sentence until the category “C” 24 sentence is completed. 25 EXPLANATION 26 The inclusion of this explanation does not constitute agreement with 27 the explanation’s substance by the members of the general assembly. 28 This bill modifies earned time for persons who kidnap a minor 29 and are required to register as a sex offender. 30 Under current law there are two sentence categories relating 31 to the accrual of earned time. An inmate serving a category 32 “A” sentence is eligible for a reduction of sentence equal to 33 one and two-tenths days for each day the inmate demonstrates 34 good conduct and satisfactorily participates in any program or 35 -2- LSB 5616YH (5) 85 jm/rj 2/ 3

H.F. 2208 placement status identified by the director of the department 1 of corrections to earn the reduction. An inmate serving a 2 category “B” sentence under current law is eligible for a 3 reduction of sentence equal to fifteen eighty-fifths of a day 4 for each day of good conduct by the inmate. 5 The bill creates a category “C” sentence for the accrual 6 of earned time by eliminating the ability of an inmate to 7 accumulate earned time if convicted of kidnapping as defined in 8 Code section 710.1, involving a minor, that requires the person 9 to register as a sex offender under Code chapter 692A. 10 Under the bill, if a person is sentenced to serve both 11 a category “C” sentence and another category sentence, the 12 category “C” sentence shall be served before the other category 13 sentence is served, and no earned time shall accrue until the 14 category “C” sentence has been served. The bill also provides 15 that if an inmate serving another category sentence besides 16 a category “C” sentence is sentenced to serve a category “C” 17 sentence, the sentence of the other category sentence shall be 18 interrupted, and no further earned time shall accrue against 19 that sentence until the category “C” sentence is completed. 20 -3- LSB 5616YH (5) 85 jm/rj 3/ 3