H.F. 128 Section 1. Section 216A.131, Code 2017, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 2A. “Commission” means the criminal 3 sentencing commission. 4 Sec. 2. Section 216A.133A, subsection 2, Code 2017, is 5 amended by striking the subsection. 6 Sec. 3. Section 216A.133A, subsection 3, paragraph a, 7 subparagraphs (6) and (7), Code 2017, are amended by striking 8 the subparagraphs. 9 Sec. 4. NEW SECTION . 216A.140A Criminal sentencing 10 commission. 11 1. a. A criminal sentencing commission is established 12 within the division. The commission shall consist of the 13 following nine voting members: 14 (1) The chief justice of the supreme court or the chief 15 justice’s designee. 16 (2) One judge of the court of appeals appointed by the chief 17 judge of the court of appeals. 18 (3) One district judge appointed by the judicial council. 19 (4) One county attorney appointed by the governor upon 20 recommendation by the Iowa county attorneys association. 21 (5) One public defender appointed by the governor upon the 22 recommendation by the state public defender. 23 (6) One probation or parole officer appointed by the 24 governor. 25 (7) Three members of the public appointed by the governor, 26 one of whom shall be a victim of a crime classified as a felony. 27 b. The commission shall include two members of the general 28 assembly who shall serve as ex officio, nonvoting members. The 29 legislative members shall be appointed as follows: 30 (1) One member of the senate appointed by the majority 31 leader of the senate. 32 (2) One member of the house of representatives appointed by 33 the speaker of the house of representatives. 34 2. Notwithstanding section 7E.6, nonlegislative members 35 -1- LSB 1374YH (3) 87 jm/rj 1/ 5

H.F. 128 shall only receive reimbursement for actual expenses for 1 performance of their official duties as members of the 2 commission. Members of the general assembly shall not receive 3 a per diem but shall receive reimbursement for necessary travel 4 and actual expenses incurred in the performance of their 5 official duties. 6 3. a. The initial term of a member appointed by the 7 governor pursuant to subsection 1, paragraph “a” , subparagraphs 8 (4), (5), and (6), shall be four years, and after the initial 9 term has been served, the appointment shall be for a term of 10 four years. 11 b. The initial term of a member appointed by the governor 12 pursuant to subsection 1, paragraph “a” , subparagraph (7), 13 shall be two years, and after the initial term has been served, 14 the appointment shall be for a term of four years. 15 4. One nonlegislative member shall be designated by the 16 governor as the chairperson. 17 5. The commission may act or make recommendations only 18 upon a vote of a majority of the voting membership of the 19 commission. 20 6. a. The commission shall be charged with developing, 21 implementing, and administering felony sentencing guidelines 22 for use by the courts throughout the state. 23 b. The sentencing guidelines shall be discretionary but 24 shall provide a judge with a range of recommended sentencing 25 options. 26 7. The commission shall develop and conduct sentencing 27 guideline education seminars and prepare research related but 28 not limited to the following: 29 a. Risk assessments. 30 b. Recidivism. 31 c. Probation and parole violations. 32 8. The commission shall review the costs associated with 33 the implementation of new or amended criminal code provisions, 34 including costs to the judicial branch, department of 35 -2- LSB 1374YH (3) 87 jm/rj 2/ 5

H.F. 128 corrections, and judicial district departments of correctional 1 services, costs for representing indigent defendants, and costs 2 incurred by political subdivisions of the state. 3 9. The commission may call upon any department, agency, or 4 office of the state, or any political subdivision of the state, 5 for information or assistance as needed in the performance of 6 its duties. The information or assistance shall be furnished 7 to the extent that it is within the resources and authority 8 of the department, agency, office, or political subdivision. 9 This section does not require the production or opening of 10 any records which are required by law to be kept private or 11 confidential. 12 EXPLANATION 13 The inclusion of this explanation does not constitute agreement with 14 the explanation’s substance by the members of the general assembly. 15 This bill establishes a criminal sentencing commission. 16 The membership of the criminal sentencing commission shall 17 consist of the following nine voting members: the chief 18 justice of the supreme court or the chief justice’s designee; 19 one judge of the court of appeals appointed by the chief 20 judge of the court of appeals; one district judge appointed 21 by the judicial council; one county attorney appointed by the 22 governor upon recommendation by the Iowa county attorneys 23 association; one public defender appointed by the governor upon 24 recommendation by the state public defender; one probation or 25 parole officer appointed by the governor; and three members 26 of the public appointed by the governor, one of whom shall be 27 a victim of a crime classified as a felony. The commission 28 shall include two members of the general assembly who shall 29 serve as ex officio, nonvoting members, and who shall be 30 appointed as follows: one member of the senate appointed by 31 the majority leader of the senate, and one member of the house 32 of representatives appointed by the speaker of the house of 33 representatives. The bill provides that the initial term of 34 members appointed by the governor shall be staggered, and after 35 -3- LSB 1374YH (3) 87 jm/rj 3/ 5

H.F. 128 the initial term has been served, the appointment shall be for 1 a term of four years. 2 The bill provides that nonlegislative members shall only 3 receive reimbursement for actual expenses for performance 4 of their official duties as members of the commission. 5 Legislative members shall not receive a per diem under the 6 bill, but legislative members shall receive reimbursement 7 for necessary travel and actual expenses incurred in the 8 performance of their official duties. 9 The bill specifies that a nonlegislative member of 10 the commission shall be designated by the governor as the 11 chairperson. 12 The bill provides that the commission shall be charged with 13 developing, implementing, and administering felony sentencing 14 guidelines for use by the courts throughout the state. The 15 sentencing guidelines shall be discretionary but shall provide 16 a judge with a range of recommended sentencing options. 17 The bill requires the commission to develop and conduct 18 sentencing guideline education seminars and prepare research 19 related to but not limited to the following: risk assessments, 20 recidivism, and probate and parole violations. 21 The bill requires the commission to review the costs 22 associated with the implementation of new or amended criminal 23 code provisions, including costs to the judicial branch, 24 department of corrections, and judicial district departments 25 of correctional services, costs for representing indigent 26 defendants, and costs incurred by political subdivisions of the 27 state. 28 The bill transfers duties relating to the study of 29 recidivism and the review of costs associated with the 30 implementation of criminal code provisions from the public 31 safety advisory board established in Code section 216A.133 to 32 the commission. 33 The bill also permits the commission to call upon any 34 department, agency, or office of the state, or any political 35 -4- LSB 1374YH (3) 87 jm/rj 4/ 5