H.F. 2171 Section 1. Section 902.12, Code 2016, is amended to read as 1 follows: 2 902.12 Minimum sentence for certain felonies —— eligibility 3 for parole or work release. 4 1. A person serving a sentence for conviction of the 5 following felonies, including a person serving a sentence for 6 conviction of the following felonies prior to July 1, 2003, 7 shall be denied not be eligible to be considered for parole or 8 work release unless the person has served at least seven-tenths 9 of the maximum term of the person’s sentence: 10 1. a. Murder in the second degree in violation of section 11 707.3 . 12 2. b. Attempted murder in violation of section 707.11 . 13 3. c. Sexual abuse in the second degree in violation of 14 section 709.3 . 15 4. d. Kidnapping in the second degree in violation of 16 section 710.3 . 17 5. e. Robbery in the first or second degree in violation of 18 section 711.2 or 711.3 . 19 6. f. Vehicular homicide in violation of section 707.6A, 20 subsection 1 or 2 , if the person was also convicted under 21 section 321.261, subsection 4 , based on the same facts or 22 event that resulted in the conviction under section 707.6A, 23 subsection 1 or 2 . 24 2. Notwithstanding subsection 1, a person serving a 25 sentence for a conviction of the following felonies committed 26 on or after July 1, 2016, shall not be eligible to be 27 considered for parole or work release unless the person 28 has served at least three-tenths of the maximum term of the 29 person’s sentence: 30 a. Murder in the second degree in violation of section 31 707.3. 32 b. Attempted murder in violation of section 707.11. 33 c. Sexual abuse in the second degree in violation of section 34 709.3. 35 -1- LSB 5495YH (6) 86 jm/rj 1/ 7

H.F. 2171 d. Kidnapping in the second degree in violation of section 1 710.3. 2 e. Robbery in the first or second degree in violation of 3 section 711.2 or 711.3. 4 f. Vehicular homicide in violation of section 707.6A, 5 subsection 1 or 2, if the person was also convicted under 6 section 321.261, subsection 4, based on the same facts or 7 event that resulted in the conviction under section 707.6A, 8 subsection 1 or 2. 9 3. a. The board of parole, when evaluating an inmate for 10 parole or work release for a felony offense subject to this 11 section, shall consider any factors it finds relevant including 12 but not limited to the following: 13 (1) Previous criminal record. 14 (2) Nature and circumstances of the offense. 15 (3) Recidivism. 16 (4) Convictions or behavior indicating propensity for 17 violence. 18 (5) Participation in institutional programs, including 19 academic and vocational training. 20 (6) Psychiatric and psychological evaluations. 21 (7) Length of time served. 22 (8) Evidence of serious or habitual institutional 23 misconduct. 24 (9) Success or failure while on probation. 25 (10) Prior parole or work release history. 26 (11) Prior refusal to accept parole or work release. 27 (12) History of drug or alcohol abuse. 28 (13) A parole plan formulated by the inmate. 29 (14) General attitude and behavior while incarcerated. 30 (15) A validated risk assessment that includes a risk 31 categorization taken from a model approved by the department 32 of corrections. 33 b. The board may request a complete psychiatric or 34 psychological evaluation of an inmate if, in the opinion of 35 -2- LSB 5495YH (6) 86 jm/rj 2/ 7

H.F. 2171 the board, the evaluation would be beneficial to the decision 1 of the board. The board shall routinely request such an 2 evaluation of an inmate serving a sentence under this section. 3 Sec. 2. Section 903A.2, subsection 1, unnumbered paragraph 4 1, Code 2016, is amended to read as follows: 5 Each inmate committed to the custody of the director of the 6 department of corrections is eligible to earn a reduction of 7 sentence in the manner provided in this section . For purposes 8 of calculating the amount of time by which an inmate’s sentence 9 may or may not be reduced, inmates shall be grouped into the 10 following two three sentencing categories: 11 Sec. 3. Section 903A.2, subsection 1, paragraph a, 12 unnumbered paragraph 1, Code 2016, is amended to read as 13 follows: 14 Category “A” sentences are those sentences which are not 15 subject to a maximum accumulation of earned time of fifteen 16 percent of the total sentence of confinement under section 17 902.12 category “B” sentences or category “C” sentences . To 18 the extent provided in subsection 5 , category “A” sentences 19 also include life sentences imposed under section 902.1 . An 20 inmate of an institution under the control of the department of 21 corrections who is serving a category “A” sentence is eligible 22 for a reduction of sentence equal to one and two-tenths 23 days for each day the inmate demonstrates good conduct and 24 satisfactorily participates in any program or placement status 25 identified by the director to earn the reduction. The programs 26 include but are not limited to the following: 27 Sec. 4. Section 903A.2, subsection 1, paragraph b, Code 28 2016, is amended to read as follows: 29 b. Category “B” sentences are those sentences which are 30 subject to a maximum accumulation of earned time of fifteen 31 percent of the total sentence of confinement under section 32 902.12 , subsection 1, and are not category “C” sentences . An 33 inmate of an institution under the control of the department of 34 corrections who is serving a category “B” sentence is eligible 35 -3- LSB 5495YH (6) 86 jm/rj 3/ 7

H.F. 2171 for a reduction of sentence equal to fifteen eighty-fifths of a 1 day for each day of good conduct by the inmate. 2 Sec. 5. Section 903A.2, subsection 1, Code 2016, is amended 3 by adding the following new paragraph: 4 NEW PARAGRAPH . c. Category “C” sentences are those 5 sentences under section 902.12, subsection 2. An inmate of an 6 institution under the control of the department of corrections 7 who is serving a category “C” sentence is not eligible for a 8 reduction of sentence based upon the accumulation of earned 9 time under paragraph “a” or “b” . 10 Sec. 6. Section 903A.7, Code 2016, is amended to read as 11 follows: 12 903A.7 Separate sentences. 13 1. Consecutive multiple sentences that are within the 14 same category under section 903A.2 shall be construed as one 15 continuous sentence for purposes of calculating reductions of 16 sentence for earned time. 17 2. If a person is sentenced to serve sentences of both 18 categories “A” and “B” , category “B” sentences shall be served 19 before category “A” sentences are served, and earned time 20 accrued against the category “B” sentences shall not be used 21 to reduce the category “A” sentences. If an inmate serving 22 a category “A” sentence is sentenced to serve a category “B” 23 sentence, the category “A” sentence shall be interrupted, and 24 no further earned time shall accrue against that sentence until 25 the category “B” sentence is completed. 26 3. If a person is sentenced to serve both a category “C” 27 sentence and another category sentence, the category “C” 28 sentence shall be served before the other category sentence 29 is served, and no earned time shall accrue until the category 30 “C” sentence has been served. If an inmate serving another 31 category sentence besides a category “C” sentence is sentenced 32 to serve a category “C” sentence, the sentence of the other 33 category sentence shall be interrupted, and no further earned 34 time shall accrue against that sentence until the category “C” 35 -4- LSB 5495YH (6) 86 jm/rj 4/ 7

H.F. 2171 sentence is completed. 1 EXPLANATION 2 The inclusion of this explanation does not constitute agreement with 3 the explanation’s substance by the members of the general assembly. 4 This bill modifies the penalties and the accumulation of 5 earned time for inmates incarcerated for the commission of 6 certain felonies which require the inmates to serve at least 70 7 percent of the maximum terms of the applicable sentences. 8 The bill modifies the 70 percent sentence requirement under 9 Code section 902.12 to a 30 percent sentence requirement for 10 an offense committed on or after July 1, 2016. The bill does 11 not affect 70 percent sentences committed prior to July 1, 12 2016. However, the bill amends 70 percent sentence provisions 13 in newly designated Code section 902.12(1) in the bill, in 14 order to reflect similar language in the 30 percent sentence 15 provisions created in new Code section 902.12(2) in the bill. 16 The bill allows a person convicted of the following offenses 17 if such offense is committed on or after July 1, 2016, to 18 be eligible for consideration for parol or work release 19 after serving at least 30 percent of the maximum term of the 20 sentence: murder in the second degree in violation of Code 21 section 707.3; attempted murder in violation of Code section 22 707.11; sexual abuse in the second degree in violation of Code 23 section 709.3; kidnapping in the second degree in violation of 24 Code section 710.3; robbery in the first or second degree in 25 violation of Code section 711.2 or 711.3; or vehicular homicide 26 in violation of Code section 707.6A(1) or (2), if the person 27 was also convicted under Code section 321.261(4), based on the 28 same facts or event that resulted in the conviction under Code 29 section 707.6A(1) or (2). 30 The bill specifies that the board of parole, when 31 evaluating an inmate for parole or work release for an 32 offense committed under Code section 902.12 (both 70 percent 33 sentences and 30 percent sentences), shall consider any 34 factors it finds relevant including but not limited to the 35 -5- LSB 5495YH (6) 86 jm/rj 5/ 7

H.F. 2171 following factors: previous criminal record, nature and 1 circumstances of the felony offense, recidivism, convictions 2 or behavior indicating propensity for violence, participation 3 in institutional programs, including academic and vocational 4 training, psychiatric and psychological evaluations, length 5 of time served, evidence of serious or habitual institutional 6 misconduct, success or failure while on probation, prior parole 7 or work release history, prior refusal to accept parole or 8 work release, history of drug or alcohol abuse, a parole plan 9 formulated by the inmate, general attitude and behavior while 10 incarcerated, and a validated risk assessment that includes 11 a risk categorization taken from a model approved by the 12 department of corrections. 13 The bill specifies that the board of parole should request a 14 complete psychiatric or psychological evaluation of an inmate 15 serving a sentence under Code section 902.12 if, in the opinion 16 of the board of parole, the evaluation would be beneficial to 17 the decision of the board. 18 The bill creates a category “C” sentence for the accrual of 19 earned time by eliminating the ability of a person sentenced 20 to a 30 percent sentence under the bill to accumulate earned 21 time for the commission of an offense on or after July 1, 22 2016. Current law allows a person serving a 70 percent 23 sentence to be eligible for a reduction of sentence equal to 24 fifteen eighty-fifths of a day for each day of good conduct 25 by the inmate up to a maximum amount of earned time of 15 26 percent of the total sentence of confinement under Code section 27 903A.2(1)(b). 28 Under the bill, if a person is sentenced to serve both 29 a category “C” sentence and another category sentence, the 30 category “C” sentence shall be served before the other category 31 sentence is served, and no earned time shall accrue until the 32 category “C” sentence has been served. The bill also provides 33 that if an inmate serving another category sentence besides 34 a category “C” sentence is sentenced to serve a category “C” 35 -6- LSB 5495YH (6) 86 jm/rj 6/ 7

H.F. 2171 sentence, the sentence of the other category sentence shall be 1 interrupted, and no further earned time shall accrue against 2 that sentence until the category “C” sentence is completed. 3 A person who is serving a sentence under the bill which 4 exceeds 10 years and who is released on parole or work release 5 shall reside in a residential facility operated by the district 6 department for a period of not less than one year. 7 -7- LSB 5495YH (6) 86 jm/rj 7/ 7