SF 139 (LSB 2059XS (2) 87)

SENATE FILE 139

BY  McCOY

A BILL FOR

An Act establishing a criminal penalty for violent repeat offenders, reducing earned time for offenders required to participate in batterers’ education under certain circumstances, providing for risk assessments, and relating to electronic tracking and monitoring.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 901.2, subsection 2, paragraph d, Code 2017, is amended by adding the following new subparagraph:
   NEW SUBPARAGRAPH.  (4)  A risk assessment when the offense is a domestic abuse assault in violation of section 708.2A, or harassment in violation of section 708.7.
    Sec. 2.  Section 901.3, Code 2017, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  The performance of a risk assessment shall be required as part of a presentence investigation under subsection 1 for domestic abuse assault in violation of section 708.2A, harassment in violation of section 708.7, or stalking in violation of section 708.11.
    Sec. 3.  Section 903A.2, subsection 1, paragraphs a and b, Code 2017, are amended to read as follows:
   a.  (1)  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 and those sentences which are not violent repeat offender sentences under section 903A.8. 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:
   (a)  Employment in the institution.
   (b)  Iowa state industries.
   (c)  An employment program established by the director.
   (d)  A treatment program established by the director.
   (e)  An inmate educational program approved by the director.
   (2)  (a)  However, an An inmate required to participate in a sex offender treatment program shall not be eligible for a reduction of sentence unless the inmate participates in and completes a sex offender treatment program established by the director.
   (b)  An inmate required to participate in a batterers’ treatment program shall not be eligible for a reduction of sentence unless the inmate participates in and completes a batterers’ treatment program established by the director.
   (3)  An inmate serving a category “A” sentence is eligible for an additional reduction of sentence of up to three hundred sixty-five days of the full term of the sentence of the inmate for exemplary acts. In accordance with section 903A.4, the director shall by policy identify what constitutes an exemplary act that may warrant an additional reduction of sentence.
   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 or which are violent repeat offender sentences under section 903A.8. 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. 4.  NEW SECTION.  903A.8  Violent repeat offender.
   1.  A violent repeat offender is any person convicted of a felony offense under chapter 707, 708, 709, 710, 711, or 713, who has previously been convicted of any two felony violations under chapter 707, 708, 709, 710, 711, or 713.
   2.  Notwithstanding subsection 1, a person shall not be considered to be a violent repeat offender if the conviction that would otherwise make the offender a violent repeat offender is a conviction for murder in the second degree in violation of section 707.3, attempted murder in violation of section 707.11, sexual abuse in the second degree in violation of section 709.3, kidnapping in the second degree in violation of section 710.3, robbery in the first degree in violation of section 711.2, or robbery in the second degree in violation of section 711.3. However, a prior conviction for murder in the second degree in violation of section 707.3, attempted murder in violation of section 707.11, sexual abuse in the second degree in violation of section 709.3, kidnapping in the second degree in violation of section 710.3, robbery in the first degree in violation of section 711.2, or robbery in the second degree in violation of section 711.3 shall be counted as a previous conviction in determining whether a person is a violent repeat offender due to the most recent conviction.
   3.  An offense is a felony if, by the law under which the person is convicted, it is so classified at the time of the person’s conviction.
   4.  For purposes of this section, felony conviction includes any felony conviction in another jurisdiction that is comparable to a felony listed in subsection 1 or any conviction under the prior laws of this state or another jurisdiction, that is comparable to a felony conviction listed in subsection 1.
    Sec. 5.  NEW SECTION.  905.16  Electronic tracking and monitoring system —— domestic abuse.
   A person placed on probation, parole, work release, special sentence, or any other type of conditional release for domestic abuse assault in violation of section 708.2A, harassment in violation of section 708.7, stalking in violation of section 708.11, or for a violation of any other offense, may be supervised by an electronic tracking and monitoring system for a period of time to be determined by the court, in addition to any other conditions of supervision.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill establishes a criminal penalty for a violent repeat offender and reduces earned time for offenders required to participate in batterers’ education under certain circumstances, provides for risk assessments, and relates to electronic tracking and monitoring.
   If a presentence investigation is required prior to sentencing, the bill requires that the presentence investigation include a risk assessment of the offender, if the offender was convicted of domestic abuse assault in violation of Code section 708.2A, harassment in violation of Code section 708.7, or stalking in violation of Code section 708.11.
   The bill specifies that an offender placed on probation, parole, or work release, or any other type of conditional release for domestic abuse assault in violation of Code section 708.2A, harassment in violation of Code section 708.7, stalking in violation of Code section 708.11, or for a violation of any other type offense, may be supervised by an electronic tracking and monitoring system for a period of time to be determined by the court.
   Under the bill, a violent repeat offender is any person convicted of a more serious felony under Code chapter 707 (homicide), 708 (assault), 709 (sexual abuse), 710 (kidnapping), 711 (robbery and extortion), or 713 (burglary) who has twice before been convicted of any felony violation under those Code chapters.
   An offender who is serving a violent repeat offender sentence under the bill is only eligible for a reduction of sentence equal to fifteen eighty-fifths of a day for each day of good conduct by the offender. Most other offenders are eligible for a reduction of sentence equal to one and two-tenths days for each day the inmate demonstrates good conduct. The fifteen eighty-fifths of a day for each day of good conduct by a repeat violent offender equals the same rate of reduction of sentence for an offender who is serving a 70 percent sentence under Code section 902.12. However, an offender serving a violent repeat offender sentence is not required to serve seven-tenths of the maximum term of the sentence prior to being eligible for parole or work release as an offender serving a 70 percent sentence is required to serve.
   In order to preserve the service of a 70 percent sentence by an offender, a person shall not be a violent repeat offender if the most recent conviction that would otherwise make the offender a violent repeat offender is a conviction for murder in the second degree in violation of Code section 707.3, attempted murder in violation of Code section 707.11, sexual abuse in the second degree in violation of Code section 709.3, kidnapping in the second degree in violation of Code section 710.3, robbery in the first degree in violation of Code section 711.2, or robbery in the second degree in violation of Code section 711.3. However, a prior conviction for murder in the second degree, attempted murder, sexual abuse in the second degree, kidnapping in the second degree, robbery in the first degree, or robbery in the second degree shall be counted as a previous conviction in determining whether a person is a violent repeat offender.
   The bill provides that an inmate at a correctional institution who is required to participate in a batterers’ education program is not eligible for a reduction of sentence under Code section 903A.2(1)(a) unless the inmate participates in and completes the batterers’ education program established by the director of the department of corrections.