Senate File 2147 - Introduced SENATE FILE 2147 BY SMITH A BILL FOR An Act relating to the accumulation of earned time by 1 offenders, and providing penalties. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5295XS (2) 87 jm/rh
S.F. 2147 Section 1. Section 903A.2, subsection 1, paragraph a, 1 subparagraph (2), Code 2018, is amended to read as follows: 2 (2) However, an inmate required to participate in a sex 3 offender treatment program shall not be eligible for a any 4 reduction of sentence unless until the inmate participates in 5 and completes a sex offender treatment program established by 6 the director. 7 Sec. 2. Section 903A.2, subsection 1, paragraph b, 8 subparagraph (2), Code 2018, is amended to read as follows: 9 (2) An inmate required to participate in a domestic abuse 10 treatment program shall not be eligible for a any reduction of 11 sentence unless until the inmate participates in and completes 12 a domestic abuse treatment program established by the director. 13 Sec. 3. Section 903A.3, subsection 1, Code 2018, is amended 14 to read as follows: 15 1. Upon finding that an inmate has violated an institutional 16 rule, has failed to complete a sex offender or domestic abuse 17 treatment program as specified in section 903A.2, or has 18 had an action or appeal dismissed under section 610A.2 , the 19 independent administrative law judge may order forfeiture of 20 any or all earned time accrued and not forfeited up to the 21 date of the violation by the inmate and may order forfeiture 22 of any or all earned time accrued and not forfeited up to 23 the date the action or appeal is dismissed, unless the court 24 entered such an order under section 610A.3 . The independent 25 administrative law judge has discretion within the guidelines 26 established pursuant to section 903A.4 , to determine the amount 27 of time that should be forfeited based upon the severity of the 28 violation. Prior violations by the inmate may be considered by 29 the administrative law judge in the decision. 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 relates to the accumulation of earned time by 34 offenders and provides penalties. 35 -1- LSB 5295XS (2) 87 jm/rh 1/ 2
S.F. 2147 The bill specifies that an inmate committed to the 1 department of corrections who is required to participate in 2 a sex offender treatment program shall not be eligible for 3 any reduction of a category “A” sentence until the inmate 4 participates in and completes a sex offender treatment program. 5 Currently, such an inmate is not eligible for a reduction of 6 sentence unless the inmate participates in and completes a 7 sex offender treatment program. An inmate serving a category 8 “A” sentence is eligible to receive one and two-tenths 9 days for each day the inmate demonstrates good conduct and 10 satisfactorily participates in any program or placement status. 11 The bill specifies that an inmate committed to the 12 department of corrections who is required to participate in 13 a domestic abuse treatment program shall not be eligible for 14 any reduction of a category “B” sentence until the inmate 15 participates in and completes a domestic abuse treatment 16 program. Currently, such an inmate is not eligible for a 17 reduction of sentence unless the inmate participates in and 18 completes a domestic abuse treatment program. An inmate 19 serving a category “B” sentence is eligible for a reduction of 20 sentence equal to fifteen eighty-fifths of a day for each day 21 of good conduct by the inmate. 22 Upon a finding of an independent administrative law judge, 23 the bill specifies that an inmate committed to the department 24 of corrections may be ordered to forfeit any or all earned 25 time, if the inmate has failed to complete a sex offender or 26 domestic abuse treatment program. 27 -2- LSB 5295XS (2) 87 jm/rh 2/ 2