HF 2171 (LSB 5495YH (6) 86)

HOUSE FILE 2171

BY  WOLFE

A BILL FOR

An Act modifying the penalties and the accumulation of earned time for inmates incarcerated for the commission of certain felonies which require the inmates to serve at least seventy percent of the maximum terms of the applicable sentences.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 902.12, Code 2016, is amended to read as follows:
   902.12  Minimum sentence for certain felonies —— eligibility for parole or work release.
   1.  A person serving a sentence for conviction of the following felonies, including a person serving a sentence for conviction of the following felonies prior to July 1, 2003, shall be denied not be eligible to be considered for parole or work release unless the person has served at least seven-tenths of the maximum term of the person’s sentence:
   1.  a.  Murder in the second degree in violation of section 707.3.
   2.  b.  Attempted murder in violation of section 707.11.
   3.  c.  Sexual abuse in the second degree in violation of section 709.3.
   4.  d.  Kidnapping in the second degree in violation of section 710.3.
   5.  e.  Robbery in the first or second degree in violation of section 711.2 or 711.3.
   6.  f.  Vehicular homicide in violation of section 707.6A, subsection 1 or 2, if the person was also convicted under section 321.261, subsection 4, based on the same facts or event that resulted in the conviction under section 707.6A, subsection 1 or 2.
   2.  Notwithstanding subsection 1, a person serving a sentence for a conviction of the following felonies committed on or after July 1, 2016, shall not be eligible to be considered for parole or work release unless the person has served at least three-tenths of the maximum term of the person’s sentence:
   a.  Murder in the second degree in violation of section 707.3.
   b.  Attempted murder in violation of section 707.11.
   c.  Sexual abuse in the second degree in violation of section 709.3.
   d.  Kidnapping in the second degree in violation of section 710.3.
   e.  Robbery in the first or second degree in violation of section 711.2 or 711.3.
   f.  Vehicular homicide in violation of section 707.6A, subsection 1 or 2, if the person was also convicted under section 321.261, subsection 4, based on the same facts or event that resulted in the conviction under section 707.6A, subsection 1 or 2.
   3.  a.  The board of parole, when evaluating an inmate for parole or work release for a felony offense subject to this section, shall consider any factors it finds relevant including but not limited to the following:
   (1)  Previous criminal record.
   (2)  Nature and circumstances of the offense.
   (3)  Recidivism.
   (4)  Convictions or behavior indicating propensity for violence.
   (5)  Participation in institutional programs, including academic and vocational training.
   (6)  Psychiatric and psychological evaluations.
   (7)  Length of time served.
   (8)  Evidence of serious or habitual institutional misconduct.
   (9)  Success or failure while on probation.
   (10)  Prior parole or work release history.
   (11)  Prior refusal to accept parole or work release.
   (12)  History of drug or alcohol abuse.
   (13)  A parole plan formulated by the inmate.
   (14)  General attitude and behavior while incarcerated.
   (15)  A validated risk assessment that includes a risk categorization taken from a model approved by the department of corrections.
   b.  The board may request a complete psychiatric or psychological evaluation of an inmate if, in the opinion of the board, the evaluation would be beneficial to the decision of the board. The board shall routinely request such an evaluation of an inmate serving a sentence under this section.
    Sec. 2.  Section 903A.2, subsection 1, unnumbered paragraph 1, Code 2016, is amended to read as follows:
   Each inmate committed to the custody of the director of the department of corrections is eligible to earn a reduction of sentence in the manner provided in this section. For purposes of calculating the amount of time by which an inmate’s sentence may or may not be reduced, inmates shall be grouped into the following two three sentencing categories:
    Sec. 3.  Section 903A.2, subsection 1, paragraph a, unnumbered paragraph 1, Code 2016, is amended to read as follows:
   Category “A” sentences are those sentences which are not subject to a maximum accumulation of earned time of fifteen percent of the total sentence of confinement under section 902.12 category “B” sentences or category “C” sentences. To the extent provided in subsection 5, category “A” sentences also include life sentences imposed under section 902.1. An inmate of an institution under the control of the department of corrections who is serving a category “A” sentence is eligible for a reduction of sentence equal to one and two-tenths days for each day the inmate demonstrates good conduct and satisfactorily participates in any program or placement status identified by the director to earn the reduction. The programs include but are not limited to the following:
    Sec. 4.  Section 903A.2, subsection 1, paragraph b, Code 2016, is amended to read as follows:
   b.  Category “B” sentences are those sentences which are subject to a maximum accumulation of earned time of fifteen percent of the total sentence of confinement under section 902.12, subsection 1, and are not category “C” sentences. An inmate of an institution under the control of the department of corrections who is serving a category “B” sentence is eligible for a reduction of sentence equal to fifteen eighty-fifths of a day for each day of good conduct by the inmate.
    Sec. 5.  Section 903A.2, subsection 1, Code 2016, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  Category “C” sentences are those sentences under section 902.12, subsection 2. An inmate of an institution under the control of the department of corrections who is serving a category “C” sentence is not eligible for a reduction of sentence based upon the accumulation of earned time under paragraph “a” or “b”.
    Sec. 6.  Section 903A.7, Code 2016, is amended to read as follows:
   903A.7  Separate sentences.

   1.  Consecutive multiple sentences that are within the same category under section 903A.2 shall be construed as one continuous sentence for purposes of calculating reductions of sentence for earned time.
   2.  If a person is sentenced to serve sentences of both categories “A” and “B”, category “B” sentences shall be served before category “A” sentences are served, and earned time accrued against the category “B” sentences shall not be used to reduce the category “A” sentences. If an inmate serving a category “A” sentence is sentenced to serve a category “B” sentence, the category “A” sentence shall be interrupted, and no further earned time shall accrue against that sentence until the category “B” sentence is completed.
   3.  If a person is sentenced to serve both a category “C” sentence and another category sentence, the category “C” sentence shall be served before the other category sentence is served, and no earned time shall accrue until the category “C” sentence has been served. If an inmate serving another category sentence besides a category “C” sentence is sentenced to serve a category “C” sentence, the sentence of the other category sentence shall be interrupted, and no further earned time shall accrue against that sentence until the category “C” sentence is completed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill modifies the penalties and the accumulation of earned time for inmates incarcerated for the commission of certain felonies which require the inmates to serve at least 70 percent of the maximum terms of the applicable sentences.
   The bill modifies the 70 percent sentence requirement under Code section 902.12 to a 30 percent sentence requirement for an offense committed on or after July 1, 2016. The bill does not affect 70 percent sentences committed prior to July 1, 2016. However, the bill amends 70 percent sentence provisions in newly designated Code section 902.12(1) in the bill, in order to reflect similar language in the 30 percent sentence provisions created in new Code section 902.12(2) in the bill.
   The bill allows a person convicted of the following offenses if such offense is committed on or after July 1, 2016, to be eligible for consideration for parol or work release after serving at least 30 percent of the maximum term of the sentence: murder in the second degree in violation of Code section 707.3; attempted murder in violation of Code section 707.11; sexual abuse in the second degree in violation of Code section 709.3; kidnapping in the second degree in violation of Code section 710.3; robbery in the first or second degree in violation of Code section 711.2 or 711.3; or vehicular homicide in violation of Code section 707.6A(1) or (2), if the person was also convicted under Code section 321.261(4), based on the same facts or event that resulted in the conviction under Code section 707.6A(1) or (2).
   The bill specifies that the board of parole, when evaluating an inmate for parole or work release for an offense committed under Code section 902.12 (both 70 percent sentences and 30 percent sentences), shall consider any factors it finds relevant including but not limited to the following factors: previous criminal record, nature and circumstances of the felony offense, recidivism, convictions or behavior indicating propensity for violence, participation in institutional programs, including academic and vocational training, psychiatric and psychological evaluations, length of time served, evidence of serious or habitual institutional misconduct, success or failure while on probation, prior parole or work release history, prior refusal to accept parole or work release, history of drug or alcohol abuse, a parole plan formulated by the inmate, general attitude and behavior while incarcerated, and a validated risk assessment that includes a risk categorization taken from a model approved by the department of corrections.
   The bill specifies that the board of parole should request a complete psychiatric or psychological evaluation of an inmate serving a sentence under Code section 902.12 if, in the opinion of the board of parole, the evaluation would be beneficial to the decision of the board.
   The bill creates a category “C” sentence for the accrual of earned time by eliminating the ability of a person sentenced to a 30 percent sentence under the bill to accumulate earned time for the commission of an offense on or after July 1, 2016. Current law allows a person serving a 70 percent sentence to be eligible for a reduction of sentence equal to fifteen eighty-fifths of a day for each day of good conduct by the inmate up to a maximum amount of earned time of 15 percent of the total sentence of confinement under Code section 903A.2(1)(b).
   Under the bill, if a person is sentenced to serve both a category “C” sentence and another category sentence, the category “C” sentence shall be served before the other category sentence is served, and no earned time shall accrue until the category “C” sentence has been served. The bill also provides that if an inmate serving another category sentence besides a category “C” sentence is sentenced to serve a category “C” sentence, the sentence of the other category sentence shall be interrupted, and no further earned time shall accrue against that sentence until the category “C” sentence is completed.
   A person who is serving a sentence under the bill which exceeds 10 years and who is released on parole or work release shall reside in a residential facility operated by the district department for a period of not less than one year.