S.F. 2087 Section 1. NEW SECTION . 903A.8 Violent repeat offender. 1 1. A violent repeat offender is any person convicted of a 2 felony offense under chapter 707, 708, 709, 710, 711, or 713, 3 who has previously been convicted of any two felony violations 4 under chapter 707, 708, 709, 710, 711, or 713. 5 2. Notwithstanding subsection 1, a person shall not be 6 considered to be a violent repeat offender if the conviction 7 that would otherwise make the offender a violent repeat 8 offender is a conviction for murder in the second degree in 9 violation of section 707.3, attempted murder in violation of 10 section 707.11, sexual abuse in the second degree in violation 11 of section 709.3, kidnapping in the second degree in violation 12 of section 710.3, robbery in the first degree in violation of 13 section 711.2, or robbery in the second degree in violation 14 of section 711.3. However, a prior conviction for murder in 15 the second degree in violation of section 707.3, attempted 16 murder in violation of section 707.11, sexual abuse in the 17 second degree in violation of section 709.3, kidnapping in the 18 second degree in violation of section 710.3, robbery in the 19 first degree in violation of section 711.2, or robbery in the 20 second degree in violation of section 711.3 shall be counted 21 as a previous conviction in determining whether a person is a 22 violent repeat offender due to the most recent conviction. 23 3. An offense is a felony if, by the law under which the 24 person is convicted, it is so classified at the time of the 25 person’s conviction. 26 4. For purposes of this section, felony conviction 27 includes any felony conviction in another jurisdiction that is 28 comparable to a felony listed in subsection 1 or any conviction 29 under the prior laws of this state or another jurisdiction, 30 that is comparable to a felony conviction listed in subsection 31 1. 32 Sec. 2. Section 903A.2, subsection 1, paragraphs a and b, 33 Code 2016, are amended to read as follows: 34 a. (1) Category “A” sentences are those sentences which 35 -1- LSB 5913XS (1) 86 jm/rj 1/ 4

S.F. 2087 are not subject to a maximum accumulation of earned time of 1 fifteen percent of the total sentence of confinement under 2 section 902.12 and those sentences which are not violent 3 repeat offender sentences under section 903A.8 . To the extent 4 provided in subsection 5 , category “A” sentences also include 5 life sentences imposed under section 902.1 . An inmate of an 6 institution under the control of the department of corrections 7 who is serving a category “A” sentence is eligible for a 8 reduction of sentence equal to one and two-tenths days for each 9 day the inmate demonstrates good conduct and satisfactorily 10 participates in any program or placement status identified by 11 the director to earn the reduction. The programs include but 12 are not limited to the following: 13 (1) (a) Employment in the institution. 14 (2) (b) Iowa state industries. 15 (3) (c) An employment program established by the director. 16 (4) (d) A treatment program established by the director. 17 (5) (e) An inmate educational program approved by the 18 director. 19 (2) (a) However, an An inmate required to participate in 20 a sex offender treatment program shall not be eligible for a 21 reduction of sentence unless the inmate participates in and 22 completes a sex offender treatment program established by the 23 director. 24 (b) An inmate required to participate in a batterers’ 25 treatment program shall not be eligible for a reduction of 26 sentence unless the inmate participates in and completes a 27 batterers’ treatment program established by the director. 28 (3) An inmate serving a category “A” sentence is eligible 29 for an additional reduction of sentence of up to three hundred 30 sixty-five days of the full term of the sentence of the inmate 31 for exemplary acts. In accordance with section 903A.4 , the 32 director shall by policy identify what constitutes an exemplary 33 act that may warrant an additional reduction of sentence. 34 b. Category “B” sentences are those sentences which are 35 -2- LSB 5913XS (1) 86 jm/rj 2/ 4

S.F. 2087 subject to a maximum accumulation of earned time of fifteen 1 percent of the total sentence of confinement under section 2 902.12 or which are violent repeat offender sentences under 3 section 903A.8 . An inmate of an institution under the control 4 of the department of corrections who is serving a category 5 “B” sentence is eligible for a reduction of sentence equal to 6 fifteen eighty-fifths of a day for each day of good conduct by 7 the inmate. 8 EXPLANATION 9 The inclusion of this explanation does not constitute agreement with 10 the explanation’s substance by the members of the general assembly. 11 This bill establishes a criminal penalty for a violent 12 repeat offender and reduces earned time for offenders 13 required to participate in batterers’ education under certain 14 circumstances. 15 Under the bill, a violent repeat offender is any person 16 convicted of a more serious felony under Code chapter 17 707 (homicide), 708 (assault), 709 (sexual abuse), 710 18 (kidnapping), 711 (robbery and extortion), or 713 (burglary) 19 who has twice before been convicted of any felony violation 20 under those Code chapters. 21 An offender who is serving a violent repeat offender 22 sentence under the bill is only eligible for a reduction of 23 sentence equal to fifteen eighty-fifths of a day for each 24 day of good conduct by the offender. Most other offenders 25 are eligible for a reduction of sentence equal to one and 26 two-tenths days for each day the inmate demonstrates good 27 conduct. The fifteen eighty-fifths of a day for each day 28 of good conduct by a repeat violent offender equals the same 29 rate of reduction of sentence for an offender who is serving 30 a 70 percent sentence under Code section 902.12. However, an 31 offender serving a violent repeat offender sentence is not 32 required to serve seven-tenths of the maximum term of the 33 sentence prior to being eligible for parole or work release as 34 an offender serving a 70 percent sentence is required to serve. 35 -3- LSB 5913XS (1) 86 jm/rj 3/ 4

S.F. 2087 In order to preserve the service of a 70 percent sentence by 1 an offender, a person shall not be a violent repeat offender 2 if the most recent conviction that would otherwise make the 3 offender a violent repeat offender is a conviction for murder 4 in the second degree in violation of Code section 707.3, 5 attempted murder in violation of Code section 707.11, sexual 6 abuse in the second degree in violation of Code section 709.3, 7 kidnapping in the second degree in violation of Code section 8 710.3, robbery in the first degree in violation of Code section 9 711.2, or robbery in the second degree in violation of Code 10 section 711.3. However, a prior conviction for murder in the 11 second degree, attempted murder, sexual abuse in the second 12 degree, kidnapping in the second degree, robbery in the first 13 degree, or robbery in the second degree shall be counted as 14 a previous conviction in determining whether a person is a 15 violent repeat offender. 16 The bill provides that an inmate at a correctional 17 institution who is required to participate in a batterers’ 18 education program is not eligible for a reduction of sentence 19 under Code section 903A.2(1)(a) unless the inmate participates 20 in and completes the batterers’ education program established 21 by the director of the department of corrections. 22 -4- LSB 5913XS (1) 86 jm/rj 4/ 4