Senate
File
62
-
Introduced
SENATE
FILE
62
BY
SORENSON
A
BILL
FOR
An
Act
eliminating
the
reduction
of
a
sentence
through
the
1
accrual
of
earned
time
for
inmates
convicted
of
certain
2
serious
sex
offenses.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
TLSB
1417XS
(5)
85
jm/rj
S.F.
62
Section
1.
Section
902.12,
subsection
3,
Code
2013,
is
1
amended
by
striking
the
subsection.
2
Sec.
2.
Section
903A.2,
subsection
1,
paragraph
a,
3
unnumbered
paragraph
1,
Code
2013,
is
amended
to
read
as
4
follows:
5
Category
“A”
sentences
are
those
sentences
which
are
not
6
subject
to
a
maximum
accumulation
of
earned
time
of
fifteen
7
percent
of
the
total
sentence
of
confinement
under
section
8
902.12
.
To
the
extent
provided
in
subsection
5
,
category
9
“A”
sentences
also
include
life
sentences
imposed
under
10
section
902.1
.
Category
“A”
sentences
also
include
serious
11
sex
offenses
referred
to
in
subsection
6.
An
inmate
of
an
12
institution
under
the
control
of
the
department
of
corrections
13
who
is
serving
a
category
“A”
sentence
is
eligible
for
a
14
reduction
of
sentence
equal
to
one
and
two-tenths
days
for
each
15
day
the
inmate
demonstrates
good
conduct
and
satisfactorily
16
participates
in
any
program
or
placement
status
identified
by
17
the
director
to
earn
the
reduction.
The
programs
include
but
18
are
not
limited
to
the
following:
19
Sec.
3.
Section
903A.2,
Code
2013,
is
amended
by
adding
the
20
following
new
subsection:
21
NEW
SUBSECTION
.
6.
Earned
time
accrued
by
inmates
serving
22
a
serious
sex
offense
listed
in
section
903B.10
shall
not
23
reduce
the
sentence,
but
shall
be
credited
against
the
inmate’s
24
sentence
if
the
sentence
is
commuted
to
a
term
of
years.
25
Sec.
4.
Section
903B.10,
subsection
3,
Code
2013,
is
amended
26
to
read
as
follows:
27
3.
a.
For
purposes
of
this
section
,
a
“serious
sex
offense”
28
means
any
of
the
following
offenses
in
which
the
victim
was
a
29
child
who
was,
at
the
time
the
offense
was
committed,
twelve
30
years
of
age
or
younger:
31
a.
(1)
Sexual
abuse
in
the
first
degree,
in
violation
of
32
section
709.2
.
33
b.
(2)
Sexual
abuse
in
the
second
degree,
in
violation
of
34
section
709.3
.
35
-1-
LSB
1417XS
(5)
85
jm/rj
1/
3
S.F.
62
c.
(3)
Sexual
abuse
in
the
third
degree,
in
violation
of
1
section
709.4
.
2
d.
(4)
Lascivious
acts
with
a
child,
in
violation
of
3
section
709.8
.
4
e.
(5)
Assault
with
intent,
in
violation
of
section
709.11
.
5
f.
(6)
Indecent
contact
with
a
minor,
in
violation
of
6
section
709.12
.
7
g.
(7)
Lascivious
conduct
with
a
minor,
in
violation
of
8
section
709.14
.
9
h.
(8)
Sexual
exploitation
in
violation
of
section
709.15
.
10
i.
(9)
Sexual
exploitation
of
a
minor,
in
violation
of
11
section
728.12,
subsections
1
and
2
.
12
b.
A
person
convicted
of
a
serious
sex
offense
shall
not
be
13
released
on
parole
or
work
release
unless
the
governor
commutes
14
the
sentence
to
a
term
of
years.
15
EXPLANATION
16
Current
law
permits
most
inmates
to
accrue
earned
time
at
17
a
rate
of
one
and
two-tenths
days
for
each
day
the
inmate
18
demonstrates
good
conduct
and
satisfactorily
participates
in
19
any
program
or
placement
status.
For
an
inmate
serving
a
70
20
percent
sentence
the
inmate
is
eligible
for
a
reduction
of
21
sentence
equal
to
fifteen
eighty-fifths
of
a
day
for
each
day
22
of
good
conduct
by
the
inmate.
23
All
of
the
serious
sex
offenses
defined
in
Code
section
24
903B.10(3)
are
eligible
under
current
law
to
accrue
earned
time
25
at
a
rate
of
one
and
two-tenths
days
for
each
day
the
inmate
26
demonstrates
good
conduct
and
satisfactorily
participates
in
27
any
program
or
placement
status,
except
sexual
abuse
in
the
28
second
degree
which
is
a
70
percent
sentence,
and
thus
is
29
eligible
to
accrue
fifteen
eighty-fifths
of
a
day
for
each
day
30
of
good
conduct.
31
“Serious
sex
offense”
is
currently
defined
in
Code
section
32
903B.10(3)
and
includes
sexual
abuse
in
the
first
degree
in
33
violation
of
Code
section
709.2,
sexual
abuse
in
the
second
34
degree
in
violation
of
Code
section
709.3,
sexual
abuse
in
the
35
-2-
LSB
1417XS
(5)
85
jm/rj
2/
3
S.F.
62
third
degree
in
violation
of
Code
section
709.4,
lascivious
1
acts
with
a
child
in
violation
of
Code
section
709.8,
assault
2
with
intent
to
commit
sexual
abuse
in
violation
of
Code
section
3
709.11,
indecent
contact
with
a
minor
in
violation
of
Code
4
section
709.12,
lascivious
conduct
with
a
minor
in
violation
of
5
Code
section
709.14,
sexual
exploitation
in
violation
of
Code
6
section
709.15,
and
sexual
exploitation
of
a
minor
in
violation
7
of
Code
section
728.12,
subsections
1
and
2.
8
This
bill
eliminates
the
reduction
of
a
sentence
through
the
9
accrual
of
earned
time
for
inmates
convicted
of
the
serious
10
sex
offenses
described
above.
A
person
convicted
of
a
serious
11
sex
offense
and
sentenced
to
prison,
as
any
other
inmate,
may
12
be
released
early
if
the
governor
exercises
the
power
granted
13
under
the
Constitution
of
the
State
of
Iowa
to
commute
a
14
sentence.
15
-3-
LSB
1417XS
(5)
85
jm/rj
3/
3