Senate File 139 - Introduced SENATE FILE 139 BY McCOY 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 2059XS (2) 87 jm/rj

S.F. 139 Section 1. Section 901.2, subsection 2, paragraph d, Code 1 2017, 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 2017, 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. Section 903A.2, subsection 1, paragraphs a and b, 13 Code 2017, are amended to read as follows: 14 a. (1) Category “A” sentences are those sentences which 15 are not subject to a maximum accumulation of earned time of 16 fifteen percent of the total sentence of confinement under 17 section 902.12 and those sentences which are not violent 18 repeat offender sentences under section 903A.8 . To the extent 19 provided in subsection 5 , category “A” sentences also include 20 life sentences imposed under section 902.1 . An inmate of an 21 institution under the control of the department of corrections 22 who is serving a category “A” sentence is eligible for a 23 reduction of sentence equal to one and two-tenths days for each 24 day the inmate demonstrates good conduct and satisfactorily 25 participates in any program or placement status identified by 26 the director to earn the reduction. The programs include but 27 are not limited to the following: 28 (a) Employment in the institution. 29 (b) Iowa state industries. 30 (c) An employment program established by the director. 31 (d) A treatment program established by the director. 32 (e) An inmate educational program approved by the director. 33 (2) (a) However, an An inmate required to participate in 34 a sex offender treatment program shall not be eligible for a 35 -1- LSB 2059XS (2) 87 jm/rj 1/ 5

S.F. 139 reduction of sentence unless the inmate participates in and 1 completes a sex offender treatment program established by the 2 director. 3 (b) An inmate required to participate in a batterers’ 4 treatment program shall not be eligible for a reduction of 5 sentence unless the inmate participates in and completes a 6 batterers’ treatment program established by the director. 7 (3) An inmate serving a category “A” sentence is eligible 8 for an additional reduction of sentence of up to three hundred 9 sixty-five days of the full term of the sentence of the inmate 10 for exemplary acts. In accordance with section 903A.4 , the 11 director shall by policy identify what constitutes an exemplary 12 act that may warrant an additional reduction of sentence. 13 b. Category “B” sentences are those sentences which are 14 subject to a maximum accumulation of earned time of fifteen 15 percent of the total sentence of confinement under section 16 902.12 or which are violent repeat offender sentences under 17 section 903A.8 . An inmate of an institution under the control 18 of the department of corrections who is serving a category 19 “B” sentence is eligible for a reduction of sentence equal to 20 fifteen eighty-fifths of a day for each day of good conduct by 21 the inmate. 22 Sec. 4. NEW SECTION . 903A.8 Violent repeat offender. 23 1. A violent repeat offender is any person convicted of a 24 felony offense under chapter 707, 708, 709, 710, 711, or 713, 25 who has previously been convicted of any two felony violations 26 under chapter 707, 708, 709, 710, 711, or 713. 27 2. Notwithstanding subsection 1, a person shall not be 28 considered to be a violent repeat offender if the conviction 29 that would otherwise make the offender a violent repeat 30 offender is a conviction for murder in the second degree in 31 violation of section 707.3, attempted murder in violation of 32 section 707.11, sexual abuse in the second degree in violation 33 of section 709.3, kidnapping in the second degree in violation 34 of section 710.3, robbery in the first degree in violation of 35 -2- LSB 2059XS (2) 87 jm/rj 2/ 5

S.F. 139 section 711.2, or robbery in the second degree in violation 1 of section 711.3. However, a prior conviction for murder in 2 the second degree in violation of section 707.3, attempted 3 murder in violation of section 707.11, sexual abuse in the 4 second degree in violation of section 709.3, kidnapping in the 5 second degree in violation of section 710.3, robbery in the 6 first degree in violation of section 711.2, or robbery in the 7 second degree in violation of section 711.3 shall be counted 8 as a previous conviction in determining whether a person is a 9 violent repeat offender due to the most recent conviction. 10 3. An offense is a felony if, by the law under which the 11 person is convicted, it is so classified at the time of the 12 person’s conviction. 13 4. For purposes of this section, felony conviction 14 includes any felony conviction in another jurisdiction that is 15 comparable to a felony listed in subsection 1 or any conviction 16 under the prior laws of this state or another jurisdiction, 17 that is comparable to a felony conviction listed in subsection 18 1. 19 Sec. 5. NEW SECTION . 905.16 Electronic tracking and 20 monitoring system —— domestic abuse. 21 A person placed on probation, parole, work release, special 22 sentence, or any other type of conditional release for domestic 23 abuse assault in violation of section 708.2A, harassment in 24 violation of section 708.7, stalking in violation of section 25 708.11, or for a violation of any other offense, may be 26 supervised by an electronic tracking and monitoring system for 27 a period of time to be determined by the court, in addition to 28 any other conditions of supervision. 29 EXPLANATION 30 The inclusion of this explanation does not constitute agreement with 31 the explanation’s substance by the members of the general assembly. 32 This bill establishes a criminal penalty for a violent 33 repeat offender and reduces earned time for offenders 34 required to participate in batterers’ education under certain 35 -3- LSB 2059XS (2) 87 jm/rj 3/ 5

S.F. 139 circumstances, provides for risk assessments, and relates to 1 electronic tracking and monitoring. 2 If a presentence investigation is required prior 3 to sentencing, the bill requires that the presentence 4 investigation include a risk assessment of the offender, if the 5 offender was convicted of domestic abuse assault in violation 6 of Code section 708.2A, harassment in violation of Code section 7 708.7, or stalking in violation of Code section 708.11. 8 The bill specifies that an offender placed on probation, 9 parole, or work release, or any other type of conditional 10 release for domestic abuse assault in violation of Code section 11 708.2A, harassment in violation of Code section 708.7, stalking 12 in violation of Code section 708.11, or for a violation of any 13 other type offense, may be supervised by an electronic tracking 14 and monitoring system for a period of time to be determined by 15 the court. 16 Under the bill, a violent repeat offender is any person 17 convicted of a more serious felony under Code chapter 18 707 (homicide), 708 (assault), 709 (sexual abuse), 710 19 (kidnapping), 711 (robbery and extortion), or 713 (burglary) 20 who has twice before been convicted of any felony violation 21 under those Code chapters. 22 An offender who is serving a violent repeat offender 23 sentence under the bill is only eligible for a reduction of 24 sentence equal to fifteen eighty-fifths of a day for each 25 day of good conduct by the offender. Most other offenders 26 are eligible for a reduction of sentence equal to one and 27 two-tenths days for each day the inmate demonstrates good 28 conduct. The fifteen eighty-fifths of a day for each day 29 of good conduct by a repeat violent offender equals the same 30 rate of reduction of sentence for an offender who is serving 31 a 70 percent sentence under Code section 902.12. However, an 32 offender serving a violent repeat offender sentence is not 33 required to serve seven-tenths of the maximum term of the 34 sentence prior to being eligible for parole or work release as 35 -4- LSB 2059XS (2) 87 jm/rj 4/ 5

S.F. 139 an offender serving a 70 percent sentence is required to serve. 1 In order to preserve the service of a 70 percent sentence by 2 an offender, a person shall not be a violent repeat offender 3 if the most recent conviction that would otherwise make the 4 offender a violent repeat offender is a conviction for murder 5 in the second degree in violation of Code section 707.3, 6 attempted murder in violation of Code section 707.11, sexual 7 abuse in the second degree in violation of Code section 709.3, 8 kidnapping in the second degree in violation of Code section 9 710.3, robbery in the first degree in violation of Code section 10 711.2, or robbery in the second degree in violation of Code 11 section 711.3. However, a prior conviction for murder in the 12 second degree, attempted murder, sexual abuse in the second 13 degree, kidnapping in the second degree, robbery in the first 14 degree, or robbery in the second degree shall be counted as 15 a previous conviction in determining whether a person is a 16 violent repeat offender. 17 The bill provides that an inmate at a correctional 18 institution who is required to participate in a batterers’ 19 education program is not eligible for a reduction of sentence 20 under Code section 903A.2(1)(a) unless the inmate participates 21 in and completes the batterers’ education program established 22 by the director of the department of corrections. 23 -5- LSB 2059XS (2) 87 jm/rj 5/ 5