Senate File 2239 - Introduced SENATE FILE 2239 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3104) A BILL FOR An Act establishing a criminal penalty for violent repeat 1 offenders, reducing earned time for offenders required 2 to participate in batterers’ education under certain 3 circumstances, providing for risk assessments, and relating 4 to electronic tracking and monitoring. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 5469SV (2) 86 jm/rj

S.F. 2239 Section 1. Section 901.2, subsection 2, paragraph d, Code 1 2016, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (4) A risk assessment when the offense 3 is a domestic abuse assault in violation of section 708.2A, or 4 harassment in violation of section 708.7. 5 Sec. 2. Section 901.3, Code 2016, is amended by adding the 6 following new subsection: 7 NEW SUBSECTION . 1A. The performance of a risk assessment 8 shall be required as part of a presentence investigation under 9 subsection 1 for domestic abuse assault in violation of section 10 708.2A, harassment in violation of section 708.7, or stalking 11 in violation of section 708.11. 12 Sec. 3. NEW SECTION . 903A.8 Violent repeat offender. 13 1. A violent repeat offender is any person convicted of a 14 felony offense under chapter 707, 708, 709, 710, 711, or 713, 15 who has previously been convicted of any two felony violations 16 under chapter 707, 708, 709, 710, 711, or 713. 17 2. Notwithstanding subsection 1, a person shall not be 18 considered to be a violent repeat offender if the conviction 19 that would otherwise make the offender a violent repeat 20 offender is a conviction for murder in the second degree in 21 violation of section 707.3, attempted murder in violation of 22 section 707.11, sexual abuse in the second degree in violation 23 of section 709.3, kidnapping in the second degree in violation 24 of section 710.3, robbery in the first degree in violation of 25 section 711.2, or robbery in the second degree in violation 26 of section 711.3. However, a prior conviction for murder in 27 the second degree in violation of section 707.3, attempted 28 murder in violation of section 707.11, sexual abuse in the 29 second degree in violation of section 709.3, kidnapping in the 30 second degree in violation of section 710.3, robbery in the 31 first degree in violation of section 711.2, or robbery in the 32 second degree in violation of section 711.3 shall be counted 33 as a previous conviction in determining whether a person is a 34 violent repeat offender due to the most recent conviction. 35 -1- LSB 5469SV (2) 86 jm/rj 1/ 5

S.F. 2239 3. An offense is a felony if, by the law under which the 1 person is convicted, it is so classified at the time of the 2 person’s conviction. 3 4. For purposes of this section, felony conviction 4 includes any felony conviction in another jurisdiction that is 5 comparable to a felony listed in subsection 1 or any conviction 6 under the prior laws of this state or another jurisdiction, 7 that is comparable to a felony conviction listed in subsection 8 1. 9 Sec. 4. Section 903A.2, subsection 1, paragraphs a and b, 10 Code 2016, are amended to read as follows: 11 a. (1) Category “A” sentences are those sentences which 12 are not subject to a maximum accumulation of earned time of 13 fifteen percent of the total sentence of confinement under 14 section 902.12 and those sentences which are not violent 15 repeat offender sentences under section 903A.8 . To the extent 16 provided in subsection 5 , category “A” sentences also include 17 life sentences imposed under section 902.1 . An inmate of an 18 institution under the control of the department of corrections 19 who is serving a category “A” sentence is eligible for a 20 reduction of sentence equal to one and two-tenths days for each 21 day the inmate demonstrates good conduct and satisfactorily 22 participates in any program or placement status identified by 23 the director to earn the reduction. The programs include but 24 are not limited to the following: 25 (1) (a) Employment in the institution. 26 (2) (b) Iowa state industries. 27 (3) (c) An employment program established by the director. 28 (4) (d) A treatment program established by the director. 29 (5) (e) An inmate educational program approved by the 30 director. 31 (2) (a) However, an An inmate required to participate in 32 a sex offender treatment program shall not be eligible for a 33 reduction of sentence unless the inmate participates in and 34 completes a sex offender treatment program established by the 35 -2- LSB 5469SV (2) 86 jm/rj 2/ 5

S.F. 2239 director. 1 (b) An inmate required to participate in a batterers’ 2 treatment program shall not be eligible for a reduction of 3 sentence unless the inmate participates in and completes a 4 batterers’ treatment program established by the director. 5 (3) An inmate serving a category “A” sentence is eligible 6 for an additional reduction of sentence of up to three hundred 7 sixty-five days of the full term of the sentence of the inmate 8 for exemplary acts. In accordance with section 903A.4 , the 9 director shall by policy identify what constitutes an exemplary 10 act that may warrant an additional reduction of sentence. 11 b. Category “B” sentences are those sentences which are 12 subject to a maximum accumulation of earned time of fifteen 13 percent of the total sentence of confinement under section 14 902.12 or which are violent repeat offender sentences under 15 section 903A.8 . An inmate of an institution under the control 16 of the department of corrections who is serving a category 17 “B” sentence is eligible for a reduction of sentence equal to 18 fifteen eighty-fifths of a day for each day of good conduct by 19 the inmate. 20 Sec. 5. NEW SECTION . 905.16 Electronic tracking and 21 monitoring system —— domestic abuse. 22 A person placed on probation, parole, work release, special 23 sentence, or any other type of conditional release for domestic 24 abuse assault in violation of section 708.2A, harassment in 25 violation of section 708.7, stalking in violation of section 26 708.11, or for a violation of any other offense, may be 27 supervised by an electronic tracking and monitoring system for 28 a period of time to be determined by the court, in addition to 29 any other conditions of supervision. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill establishes a criminal penalty for a violent 34 repeat offender and reduces earned time for offenders 35 -3- LSB 5469SV (2) 86 jm/rj 3/ 5

S.F. 2239 required to participate in batterers’ education under certain 1 circumstances, provides for risk assessments, and relates to 2 electronic tracking and monitoring. 3 If a presentence investigation is required prior 4 to sentencing, the bill requires that the presentence 5 investigation include a risk assessment of the offender, if the 6 offender was convicted of domestic abuse assault in violation 7 of Code section 708.2A, harassment in violation of Code section 8 708.7, or stalking in violation of Code section 708.11. 9 The bill specifies that an offender placed on probation, 10 parole, or work release, or any other type of conditional 11 release for domestic abuse assault in violation of Code section 12 708.2A, harassment in violation of Code section 708.7, stalking 13 in violation of Code section 708.11, or for a violation of any 14 other type offense, may be supervised by an electronic tracking 15 and monitoring system for a period of time to be determined by 16 the court. 17 Under the bill, a violent repeat offender is any person 18 convicted of a more serious felony under Code chapter 19 707 (homicide), 708 (assault), 709 (sexual abuse), 710 20 (kidnapping), 711 (robbery and extortion), or 713 (burglary) 21 who has twice before been convicted of any felony violation 22 under those Code chapters. 23 An offender who is serving a violent repeat offender 24 sentence under the bill is only eligible for a reduction of 25 sentence equal to fifteen eighty-fifths of a day for each 26 day of good conduct by the offender. Most other offenders 27 are eligible for a reduction of sentence equal to one and 28 two-tenths days for each day the inmate demonstrates good 29 conduct. The fifteen eighty-fifths of a day for each day 30 of good conduct by a repeat violent offender equals the same 31 rate of reduction of sentence for an offender who is serving 32 a 70 percent sentence under Code section 902.12. However, an 33 offender serving a violent repeat offender sentence is not 34 required to serve seven-tenths of the maximum term of the 35 -4- LSB 5469SV (2) 86 jm/rj 4/ 5

S.F. 2239 sentence prior to being eligible for parole or work release as 1 an offender serving a 70 percent sentence is required to serve. 2 In order to preserve the service of a 70 percent sentence by 3 an offender, a person shall not be a violent repeat offender 4 if the most recent conviction that would otherwise make the 5 offender a violent repeat offender is a conviction for murder 6 in the second degree in violation of Code section 707.3, 7 attempted murder in violation of Code section 707.11, sexual 8 abuse in the second degree in violation of Code section 709.3, 9 kidnapping in the second degree in violation of Code section 10 710.3, robbery in the first degree in violation of Code section 11 711.2, or robbery in the second degree in violation of Code 12 section 711.3. However, a prior conviction for murder in the 13 second degree, attempted murder, sexual abuse in the second 14 degree, kidnapping in the second degree, robbery in the first 15 degree, or robbery in the second degree shall be counted as 16 a previous conviction in determining whether a person is a 17 violent repeat offender. 18 The bill provides that an inmate at a correctional 19 institution who is required to participate in a batterers’ 20 education program is not eligible for a reduction of sentence 21 under Code section 903A.2(1)(a) unless the inmate participates 22 in and completes the batterers’ education program established 23 by the director of the department of corrections. 24 -5- LSB 5469SV (2) 86 jm/rj 5/ 5