H.F. 2425 Section 1. Section 216A.131, Code 2016, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 2A. “Commission” means the sentencing 3 commission. 4 Sec. 2. Section 216A.133A, subsection 2, Code 2016, is 5 amended by striking the subsection. 6 Sec. 3. Section 216A.133A, subsection 3, paragraph a, 7 subparagraphs (6) and (7), Code 2016, are amended by striking 8 the subparagraphs. 9 Sec. 4. NEW SECTION . 216A.140A Sentencing commission. 10 1. a. A sentencing commission is established within the 11 division. The commission shall consist of the following nine 12 voting members: 13 (1) The chief justice of the supreme court or the chief 14 justice’s designee. 15 (2) One judge of the court of appeals appointed by the chief 16 judge of the court of appeals. 17 (3) One district judge appointed by the judicial council. 18 (4) One county attorney appointed by the governor upon 19 recommendation by the Iowa county attorneys association. 20 (5) One public defender appointed by the governor upon the 21 recommendation by the state public defender. 22 (6) One probation or parole officer appointed by the 23 governor. 24 (7) Three members of the public appointed by the governor, 25 one of whom shall be a victim of a crime classified as a felony. 26 b. The commission shall include two members of the general 27 assembly who shall serve as ex officio, nonvoting members. The 28 legislative members shall be appointed as follows: 29 (1) One member of the senate appointed by the majority 30 leader of the senate. 31 (2) One member of the house of representatives appointed by 32 the speaker of the house of representatives. 33 2. Notwithstanding section 7E.6, nonlegislative members 34 shall only receive reimbursement for actual expenses for 35 -1- LSB 5917YH (2) 86 jm/rj 1/ 4

H.F. 2425 performance of their official duties as members of the 1 commission. Members of the general assembly shall not receive 2 a per diem but shall receive reimbursement for necessary travel 3 and actual expenses incurred in the performance of their 4 official duties. 5 3. a. The initial term of a member appointed by the 6 governor pursuant to subsection 1, paragraph “a” , subparagraphs 7 (4), (5), and (6), shall be four years, and after the initial 8 term has been served, the appointment shall be for a term of 9 four years. 10 b. The initial term of a member appointed by the governor 11 pursuant to subsection 1, paragraph “a” , subparagraph (7), 12 shall be two years, and after the initial term has been served, 13 the appointment shall be for a term of four years. 14 4. One member shall be designated by the governor as the 15 chairperson. 16 5. The commission may act or make recommendations only 17 upon a vote of a majority of the voting membership of the 18 commission. 19 6. a. The commission shall be charged with developing, 20 implementing, and administering felony sentencing guidelines 21 for use by the courts throughout the state. 22 b. The sentencing guidelines shall be discretionary but 23 shall provide a judge with a range of recommended sentencing 24 options. 25 7. The commission shall develop and conduct sentencing 26 guideline education seminars and prepare research related but 27 not limited to the following: 28 a. Risk assessments. 29 b. Recidivism. 30 c. Probation and parole violations. 31 8. The commission shall review the costs associated with 32 the implementation of new or amended criminal code provisions, 33 including costs to the judicial branch, department of 34 corrections, and judicial district departments of correctional 35 -2- LSB 5917YH (2) 86 jm/rj 2/ 4

H.F. 2425 services, costs for representing indigent defendants, and costs 1 incurred by political subdivisions of the state. 2 9. The commission may call upon any department, agency, or 3 office of the state, or any political subdivision of the state, 4 for information or assistance as needed in the performance of 5 its duties. The information or assistance shall be furnished 6 to the extent that it is within the resources and authority 7 of the department, agency, office, or political subdivision. 8 This section does not require the production or opening of 9 any records which are required by law to be kept private or 10 confidential. 11 EXPLANATION 12 The inclusion of this explanation does not constitute agreement with 13 the explanation’s substance by the members of the general assembly. 14 This bill establishes a sentencing commission. 15 The membership of the sentencing commission shall consist 16 of the following nine voting members: the chief justice of 17 the supreme court or the chief justice’s designee; one judge 18 of the court of appeals appointed by the chief judge of the 19 court of appeals; one district judge appointed by the judicial 20 council; one county attorney appointed by the governor upon 21 recommendation by the Iowa county attorneys association; one 22 public defender appointed by the governor upon recommendation 23 by the state public defender; one probation or parole officer 24 appointed by the governor; and three members of the public 25 appointed by the governor, one of whom shall be a victim of a 26 crime classified as a felony. The commission shall include two 27 members of the general assembly who shall serve as ex officio, 28 nonvoting members, and who shall be appointed as follows: 29 one member of the senate appointed by the majority leader of 30 the senate, and one member of the house of representatives 31 appointed by the speaker of the house of representatives. The 32 bill provides that the initial term of members appointed by the 33 governor shall be staggered, and after the initial term has 34 been served, the appointment shall be for a term of four years. 35 -3- LSB 5917YH (2) 86 jm/rj 3/ 4

H.F. 2425 The bill provides that nonlegislative members shall only 1 receive reimbursement for actual expenses for performance 2 of their official duties as members of the commission. 3 Legislative members shall not receive a per diem under the 4 bill, but legislative members shall receive reimbursement 5 for necessary travel and actual expenses incurred in the 6 performance of their official duties. 7 The bill specifies that a member of the commission shall be 8 designated by the governor as the chairperson. 9 The bill provides that the commission shall be charged with 10 developing, implementing, and administering felony sentencing 11 guidelines for use by the courts throughout the state. The 12 sentencing guidelines shall be discretionary but shall provide 13 a judge with a range of recommended sentencing options. 14 The bill requires the commission to develop and conduct 15 sentencing guideline education seminars and prepare research 16 related to but not limited to the following: risk assessments, 17 recidivism, and probate and parole violations. 18 The bill requires the commission to review the costs 19 associated with the implementation of new or amended criminal 20 code provisions, including costs to the judicial branch, 21 department of corrections, and judicial district departments 22 of correctional services, costs for representing indigent 23 defendants, and costs incurred by political subdivisions of the 24 state. 25 The bill transfers duties relating to the study of 26 recidivism and the review of costs associated with the 27 implementation of criminal code provisions from the public 28 safety advisory board established in Code section 216A.133 to 29 the commission. 30 The bill also permits the commission to call upon any 31 department, agency, or office of the state, or any political 32 subdivision of the state for assistance in the performance of 33 any of the duties of the commission. 34 -4- LSB 5917YH (2) 86 jm/rj 4/ 4