HF 69 (LSB 1202HH (3) 86)

HOUSE FILE 69

BY  SHEETS, HEARTSILL, GASSMAN, and FISHER

A BILL FOR

An Act modifying earned time for a person who kidnaps a minor and is required to register as a sex offender.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 903A.2, subsection 1, paragraph a, unnumbered paragraph 1, Code 2015, 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 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. 2.  Section 903A.2, subsection 1, paragraph b, Code 2015, 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 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. 3.  Section 903A.2, subsection 1, Code 2015, is amended by adding the following new paragraph:
   NEW PARAGRAPH.  c.  Notwithstanding paragraphs “a” and “b”, an inmate serving a category “C” sentence is ineligible to earn any reduction of sentence under this section. Category “C” sentences are those sentences for kidnapping as defined in section 710.1, involving a minor, that requires a person to register as a sex offender under chapter 692A.
    Sec. 4.  Section 903A.7, Code 2015, 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, 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 earned time for persons who kidnap a minor and are required to register as a sex offender.
   Under current law there are two sentence categories relating to the accrual of earned time. An inmate 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 of the department of corrections to earn the reduction. An inmate serving a category “B” sentence under current law is eligible for a reduction of sentence equal to fifteen eighty-fifths of a day for each day of good conduct by the inmate.
   The bill creates a category “C” sentence for the accrual of earned time by eliminating the ability of an inmate to accumulate earned time if convicted of kidnapping as defined in Code section 710.1, involving a minor, that requires the person to register as a sex offender under Code chapter 692A.
   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.