Senate File 422 - Introduced SENATE FILE 422 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SF 308) A BILL FOR An Act relating to the criminal offenses of domestic abuse, 1 harassment, stalking, and unauthorized placement of a global 2 positioning device, and providing penalties. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1398SV (1) 87 jm/nh
S.F. 422 Section 1. Section 664A.7, subsection 5, Code 2017, is 1 amended to read as follows: 2 5. a. Violation of a no-contact order entered for the 3 offense or alleged offense of domestic abuse assault in 4 violation of section 708.2A or a violation of a protective 5 order issued pursuant to chapter 232 , 235F , 236 , 598 , or 915 6 constitutes a public offense and is punishable as a simple 7 misdemeanor. Alternatively, the court may hold a person 8 in contempt of court for such a violation, as provided in 9 subsection 3 . 10 b. If a person is convicted of a violation of a no-contact 11 order or a protective order under this subsection, or 12 alternatively if the person is held in contempt of court for 13 such a violation, as provided in subsection 3, the court shall 14 order the person to submit to a risk assessment pursuant to 15 section 901.5C. 16 Sec. 2. Section 708.2A, subsection 1, Code 2017, is amended 17 to read as follows: 18 1. For the purposes of this chapter , “domestic abuse 19 assault” means an assault, as defined in section 708.1 , which 20 is domestic abuse as defined in section 236.2, subsection 2 , 21 paragraph “a” , “b” , “c” , or “d” , or “e” . 22 Sec. 3. Section 708.2A, subsection 7, paragraph b, Code 23 2017, is amended by striking the paragraph and inserting in 24 lieu thereof the following: 25 b. A person convicted of a violation referred to in 26 subsection 4 shall be sentenced as provided under section 27 902.13. 28 Sec. 4. Section 708.2B, Code 2017, is amended to read as 29 follows: 30 708.2B Treatment of domestic abuse offenders. 31 1. As used in this section , “district department” means 32 a judicial district department of correctional services, 33 established pursuant to section 905.2 . A person convicted of, 34 or receiving a deferred judgment for, domestic abuse assault 35 -1- LSB 1398SV (1) 87 jm/nh 1/ 15
S.F. 422 as defined in section 708.2A , shall report to the district 1 department in order to participate in a batterers’ treatment 2 program for domestic abuse offenders. In addition, a person 3 convicted of, or receiving a deferred judgment for, an assault, 4 as defined in section 708.1 , which is domestic abuse, as 5 defined in section 236.2, subsection 2 , paragraph “e” , may be 6 ordered by the court to participate in a batterers’ treatment 7 program. Participation in the batterers’ treatment program 8 shall not require a person to be placed on probation, but 9 a person on probation may participate in the program. The 10 district departments may contract for services in completing 11 the duties relating to the batterers’ treatment programs. The 12 district departments shall assess the fees for participation 13 in the program, and shall either collect or contract for the 14 collection of the fees to recoup the costs of treatment, 15 but may waive the fee or collect a lesser amount upon a 16 showing of cause. The fees shall be used by each of the 17 district departments or contract service providers for the 18 establishment, administration, coordination, and provision of 19 direct services of the batterers’ treatment programs. 20 2. In addition to the requirements of subsection 1, the 21 court shall order a person convicted of domestic abuse assault 22 in violation of section 708.2A to submit to a risk assessment 23 pursuant to section 901.5C. 24 3. District departments or contract service providers shall 25 receive upon request peace officers’ investigative reports 26 regarding persons participating in programs under this section . 27 The receipt of reports under this section shall not waive the 28 confidentiality of the reports under section 22.7 . 29 Sec. 5. Section 708.7, subsection 2, Code 2017, is amended 30 by adding the following new paragraph: 31 NEW PARAGRAPH . c. A person convicted of harassment in 32 the first degree shall be sentenced under section 902.13 if 33 the offense involved a domestic relationship and the sentence 34 exceeds one year. 35 -2- LSB 1398SV (1) 87 jm/nh 2/ 15
S.F. 422 Sec. 6. Section 708.11, subsection 1, paragraph b, Code 1 2017, is amended to read as follows: 2 b. “Course of conduct” means repeatedly maintaining a visual 3 or physical proximity to a person without legitimate purpose , 4 repeatedly utilizing a technological device to locate, listen 5 to, or watch a person without legitimate purpose, or repeatedly 6 conveying oral or written threats, threats implied by conduct, 7 or a combination thereof, directed at or toward a person. 8 Sec. 7. Section 708.11, subsection 2, Code 2017, is amended 9 to read as follows: 10 2. A person commits stalking when all of the following 11 occur: 12 a. The person purposefully engages in a course of conduct 13 directed at a specific person that would cause a reasonable 14 person to feel terrorized, frightened, intimidated, or 15 threatened or to fear that the person intends to cause bodily 16 injury to, or the death of, that specific person or a member of 17 the specific person’s immediate family. 18 b. The person has knowledge or should have knowledge 19 that the specific person will be placed in reasonable fear 20 of a reasonable person would feel terrorized, frightened, 21 intimidated, or threatened or fear that the person intends to 22 cause bodily injury to, or the death of, that specific person 23 or a member of the specific person’s immediate family by the 24 course of conduct. 25 c. The person’s course of conduct induces fear in the 26 specific person of bodily injury to, or the death of, the 27 specific person or a member of the specific person’s immediate 28 family. 29 Sec. 8. Section 708.11, Code 2017, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 3A. A person convicted under subsection 3, 32 paragraph “a” , or subsection 3, paragraph “b” , subparagraph (1), 33 shall be sentenced under section 902.13 if the offense involved 34 a domestic relationship. 35 -3- LSB 1398SV (1) 87 jm/nh 3/ 15
S.F. 422 Sec. 9. NEW SECTION . 708.11A Unauthorized placement of 1 global positioning device. 2 1. A person commits unauthorized placement of a global 3 positioning device, when, with intent to intimidate, annoy, or 4 alarm another person, the person, without the consent of the 5 other person, places a global positioning device on the other 6 person or an object in order to track the movements of the 7 other person without a legitimate purpose. 8 2. A person who commits a violation of this section commits 9 a serious misdemeanor. 10 Sec. 10. NEW SECTION . 901.5C Domestic abuse assault 11 —— no-contact order or protective order violations —— risk 12 assessment. 13 1. If a person is convicted of domestic abuse assault in 14 violation of section 708.2A, a violation of a no-contact order 15 or a protective order under section 664A.7, subsection 5, or 16 alternatively the person is held in contempt of court for 17 such a violation, as provided in section 664A.7, subsection 18 3, while under supervision by a judicial district department 19 of correctional services, the court shall order the person to 20 submit to a risk assessment. 21 2. The risk assessment shall be performed by the judicial 22 district department of correctional services or a contract 23 service provider of a batterers’ treatment program for domestic 24 abuse offenders, using a validated risk assessment developed 25 by the board of parole and approved by the department of 26 corrections. The court shall consider the risk assessment 27 in determining the appropriate conditions for release. In 28 determining whether to release a defendant, the court shall 29 determine whether sufficient conditions for release are 30 available that are designed to reduce the risk to another 31 individual, detect threatening or criminal behavior, and 32 increase the safety of individuals and the general public, and 33 balance those determinations with the potential risk of harm 34 if the defendant is released. 35 -4- LSB 1398SV (1) 87 jm/nh 4/ 15
S.F. 422 3. The court may order the defendant to participate in a 1 program that includes the use of an electronic tracking and 2 monitoring system as a condition of release. When ordering 3 the use of an electronic tracking and monitoring system, 4 the court shall consider the safety of the victim and other 5 legitimate factors that may impact all of the parties. If 6 an electronic tracking and monitoring system is ordered, the 7 court shall order the defendant to pay the costs associated 8 with the imposition of the system. If the defendant fails to 9 pay the fees of the electronic tracking and monitoring system 10 in a timely manner, the court may impose garnishment of the 11 defendant’s wages in order to meet the payment obligation. 12 Sec. 11. NEW SECTION . 902.13 Minimum sentence for certain 13 domestic abuse assault, harassment, and stalking offenses. 14 1. As used in this section, unless the context otherwise 15 requires: 16 a. (1) “Family or household members” means spouses, persons 17 cohabiting, parents, or other persons related by consanguinity 18 or affinity. 19 (2) “Family or household members” does not include children 20 under age eighteen of persons listed in subparagraph (1). 21 b. “Intimate relationship” means a significant romantic 22 involvement that need not include sexual involvement. 23 An intimate relationship does not include casual social 24 relationships or associations in a business or professional 25 capacity. 26 c. “Offense involving a domestic relationship” means an 27 offense involving any of the following circumstances: 28 (1) The offense involves family or household members who 29 resided together at the time of the offense. 30 (2) The offense involves separated spouses or persons 31 divorced from each other and not residing together at the time 32 of the offense. 33 (3) The offense involves persons who are parents of the same 34 minor child, regardless of whether they have been married or 35 -5- LSB 1398SV (1) 87 jm/nh 5/ 15
S.F. 422 have lived together at any time. 1 (4) The offense involves persons who have been family or 2 household members residing together within the past year and 3 are not residing together at the time of the offense. 4 (5) (a) The offense involves persons who are in an intimate 5 relationship or have been in an intimate relationship and have 6 had contact with one another within the past year immediately 7 preceding the time of the offense. In determining whether 8 persons are or have been in an intimate relationship, the court 9 may consider the following nonexclusive list of factors: 10 (i) The duration of the relationship. 11 (ii) The frequency of interaction. 12 (iii) Whether the relationship has been terminated. 13 (iv) The nature of the relationship, characterized by 14 either party’s expectation of sexual or romantic involvement. 15 (b) A person may be involved in an intimate relationship 16 with more than one person at a time. 17 2. a. A person who has been convicted of a third or 18 subsequent offense of domestic abuse assault under section 19 708.2A, subsection 4, shall be denied parole or work release 20 until the person has served between one-fifth of the maximum 21 term and the maximum term of the person’s sentence as provided 22 in subsection 3. 23 b. A person who has been convicted of the offense of 24 harassment in the first degree under section 708.7, subsection 25 2, and the offense involved a domestic relationship, shall 26 be denied parole or work release until the person has served 27 between one-half of the maximum term and the maximum term of 28 the person’s sentence as provided in subsection 3, if the 29 person is committed to the custody of the director of the 30 department of corrections. 31 c. A person who has been convicted of a third or subsequent 32 offense of stalking under section 708.11, subsection 33 3, paragraph “a” , and the offense involved a domestic 34 relationship, shall be denied parole or work release until the 35 -6- LSB 1398SV (1) 87 jm/nh 6/ 15
S.F. 422 person has served between one-fifth of the maximum term and the 1 maximum term of the person’s sentence as provided in subsection 2 3. 3 d. A person who has been convicted of the offense of 4 stalking under section 708.11, subsection 3, paragraph 5 “b” , subparagraph (1), and the offense involved a domestic 6 relationship, shall be denied parole or work release until the 7 person has served between one-fifth of the maximum term and the 8 maximum term of the person’s sentence as provided in subsection 9 3. 10 3. The sentencing court shall determine, after receiving 11 and examining all pertinent information referred to in section 12 901.5, the minimum term of confinement, within the parameters 13 set forth in subsection 2, required to be served before a 14 person may be paroled or placed on work release. 15 Sec. 12. Section 903A.2, subsection 1, paragraph a, 16 subparagraph (1), unnumbered paragraph 1, Code 2017, is amended 17 to read as follows: 18 Category “A” sentences are those sentences which are not 19 subject to a maximum accumulation of earned time of fifteen 20 percent of the total sentence of confinement under section 21 902.12 or 902.13 . To the extent provided in subsection 5 , 22 category “A” sentences also include life sentences imposed 23 under section 902.1 . An inmate of an institution under the 24 control of the department of corrections who is serving a 25 category “A” sentence is eligible for a reduction of sentence 26 equal to one and two-tenths days for each day the inmate 27 demonstrates good conduct and satisfactorily participates in 28 any program or placement status identified by the director to 29 earn the reduction. The programs include but are not limited 30 to the following: 31 Sec. 13. Section 903A.2, subsection 1, paragraph b, Code 32 2017, is amended to read as follows: 33 b. (1) Category “B” sentences are those sentences which 34 are subject to a maximum accumulation of earned time of 35 -7- LSB 1398SV (1) 87 jm/nh 7/ 15
S.F. 422 fifteen percent of the total sentence of confinement under 1 section 902.12 or 902.13 . An inmate of an institution under 2 the control of the department of corrections who is serving a 3 category “B” sentence is eligible for a reduction of sentence 4 equal to fifteen eighty-fifths of a day for each day of good 5 conduct by the inmate. 6 (2) An inmate required to participate in a domestic abuse 7 treatment program shall not be eligible for a reduction of 8 sentence unless the inmate participates in and completes a 9 domestic abuse treatment program established by the director. 10 Sec. 14. Section 904A.4, subsection 8, Code 2017, is amended 11 to read as follows: 12 8. a. The board of parole shall implement a risk assessment 13 program which shall provide risk assessment analysis for the 14 board. 15 b. The board of parole shall also develop a risk assessment 16 validated for domestic abuse-related offenses in consultation 17 with the department of corrections. The board may adopt rules 18 pursuant to chapter 17A relating to the use of the domestic 19 abuse risk assessment. 20 Sec. 15. NEW SECTION . 905.16 Electronic tracking and 21 monitoring system. 22 1. A person placed on probation, parole, work release, 23 special sentence, or any other type of conditional release 24 for any of the following offenses may be supervised by an 25 electronic tracking and monitoring system in addition to any 26 other conditions of supervision: 27 a. Domestic abuse assault in violation of section 708.2A, 28 subsection 4. 29 b. Harassment in the first degree in violation of section 30 708.7, subsection 2, if the offense involved a domestic 31 relationship as defined in section 902.13. 32 c. Stalking under section 708.11, subsection 3, paragraph 33 “a” , if the offense involved a domestic relationship as defined 34 in section 902.13. 35 -8- LSB 1398SV (1) 87 jm/nh 8/ 15
S.F. 422 d. Stalking under section 708.11, subsection 3, paragraph 1 “b” , subparagraph (1), if the offense involved a domestic 2 relationship as defined in section 902.13. 3 2. When considering whether to order the use of an 4 electronic tracking and monitoring system the court shall 5 consider the safety of the victim and other legitimate factors 6 that may impact all of the parties. 7 Sec. 16. Section 907.3, subsection 1, paragraph a, Code 8 2017, is amended by adding the following new subparagraphs: 9 NEW SUBPARAGRAPH . (013) The offense is a violation referred 10 to in section 708.2A, subsection 4. 11 NEW SUBPARAGRAPH . (0013) The offense is a violation 12 of section 708.7, subsection 2, and the offense involved a 13 domestic relationship as defined in section 902.13. 14 NEW SUBPARAGRAPH . (00013) The offense is a violation 15 referred to in section 708.11, subsection 3, paragraph “a” , 16 and the offense involved a domestic relationship as defined in 17 section 902.13. 18 NEW SUBPARAGRAPH . (000013) The offense is a violation of 19 section 708.11, subsection 3, paragraph “b” , subparagraph (1), 20 and the offense involved a domestic relationship as defined in 21 section 902.13. 22 Sec. 17. Section 907.3, subsection 2, paragraph a, Code 23 2017, is amended by adding the following new subparagraphs: 24 NEW SUBPARAGRAPH . (8) The offense is a violation referred 25 to in section 708.2A, subsection 4. 26 NEW SUBPARAGRAPH . (9) The offense is a violation of section 27 708.7, subsection 2, and the offense involved a domestic 28 relationship as defined in section 902.13. 29 NEW SUBPARAGRAPH . (10) The offense is a violation of 30 section 708.11, subsection 3, paragraph “a” , and the offense 31 involved a domestic relationship as defined in section 902.13. 32 NEW SUBPARAGRAPH . (11) The offense is a violation of 33 section 708.11, subsection 3, paragraph “b” , subparagraph (1), 34 and the offense involved a domestic relationship as defined in 35 -9- LSB 1398SV (1) 87 jm/nh 9/ 15
S.F. 422 section 902.13. 1 Sec. 18. Section 907.3, subsection 3, Code 2017, is amended 2 by adding the following new paragraph: 3 NEW PARAGRAPH . 0a. The sentence imposed under section 4 902.13 for a violation referred to in section 708.2A, 5 subsection 4. 6 EXPLANATION 7 The inclusion of this explanation does not constitute agreement with 8 the explanation’s substance by the members of the general assembly. 9 This bill relates to domestic abuse and other offenses 10 involving a domestic relationship, and provides penalties. 11 MANDATORY RISK ASSESSMENT. Under the bill, if a person is 12 convicted of a violation of a no-contact order or a protective 13 order pursuant to Code chapter 664A, or alternatively the 14 person is held in contempt of court for such a violation, and 15 ordered to be supervised by the judicial district department 16 of correctional services or to participate in a batterers’ 17 treatment program, the court shall order the person to submit 18 to a risk assessment pursuant to new Code section 901.5C. If 19 a person is convicted of domestic abuse assault under Code 20 section 708.2A, the bill requires the person to submit to a 21 risk assessment. 22 REQUIREMENTS OF MANDATORY RISK ASSESSMENT. The bill 23 requires the risk assessment be performed by the judicial 24 district department of correctional services or a contract 25 service provider of a batterers’ treatment program for domestic 26 abuse offenders, using a validated risk assessment developed 27 by the board of parole and approved by the department of 28 corrections. The bill also requires the court to consider 29 the risk assessment in determining the appropriate conditions 30 for release. In determining whether to release a defendant, 31 the court shall determine whether sufficient conditions for 32 release are available that are designed to reduce the risk to 33 another individual, detect threatening or criminal behavior, 34 and increase the safety of individuals and the general public, 35 -10- LSB 1398SV (1) 87 jm/nh 10/ 15
S.F. 422 and balance those determinations with the potential risk of 1 harm if the defendant is released. 2 ELECTRONIC TRACKING AND MONITORING. The bill provides 3 that the court may order the defendant to participate in a 4 program that includes the use of an electronic tracking and 5 monitoring system as a condition of release in a mandatory 6 risk assessment situation for violating a no-contact order or 7 protective order, being convicted of domestic abuse assault, 8 or as a condition of release for a bailable defendant if the 9 defendant is a risk to another person. The bill specifies that 10 when ordering the use of an electronic tracking and monitoring 11 system the court shall consider the safety of the victim and 12 other legitimate factors that may impact all of the parties. 13 If an electronic tracking and monitoring system is ordered, 14 the court is required to order the defendant to pay the costs 15 associated with the imposition of the system. If the defendant 16 fails to pay the fees of the electronic tracking and monitoring 17 system in a timely manner, the bill provides that the court may 18 impose garnishment of the defendant’s wages in order to meet 19 the payment obligation. 20 The bill also specifies that a person placed on probation, 21 parole, work release, special sentence, or any other type of 22 conditional release may be supervised by an electronic tracking 23 and monitoring system in addition to any other conditions 24 of supervision if the person was convicted of any of the 25 following offenses: domestic abuse assault in violation of 26 Code section 708.2A(4); harassment in the first degree in 27 violation of Code section 708.7(2), and the offense involved a 28 domestic relationship; stalking in violation of Code section 29 708.11(3)(a), and the offense involved a domestic relationship; 30 and stalking in violation of Code section 708.11(3)(b)(1), and 31 the offense involved a domestic relationship. 32 The bill further specifies that when considering whether to 33 order the use of an electronic tracking and monitoring system 34 the court shall consider the safety of the victim and other 35 -11- LSB 1398SV (1) 87 jm/nh 11/ 15
S.F. 422 legitimate factors that may impact all of the parties. 1 MANDATORY MINIMUM SENTENCE —— DOMESTIC ABUSE ASSAULT. If 2 a person is convicted of a third or subsequent domestic abuse 3 assault as referred to in Code section 708.2A(4), the bill 4 requires the person to serve between one-fifth of the maximum 5 term and the maximum term of the person’s sentence. The bill 6 provides that the sentencing court shall determine the term of 7 confinement within the above-mentioned parameters. A person 8 who commits a third or subsequent domestic abuse assault 9 commits a class “D” felony. The bill and current law also 10 prohibit a person convicted of such a domestic abuse assault 11 offense from receiving a deferred judgment or sentence, or a 12 suspended sentence. 13 MANDATORY MINIMUM SENTENCE —— DOMESTIC RELATIONSHIP. 14 The bill defines “domestic relationship” similarly to the 15 relationships required to commit “domestic abuse” in Code 16 section 236.2 except that certain “intimate relationships” are 17 excluded. If a person is convicted of harassment in the first 18 degree in violation of Code section 708.7(2), and the offense 19 involved a domestic relationship, the bill requires the person 20 to serve a one-year mandatory minimum sentence, if the court 21 sentences the person to a term of confinement that exceeds one 22 year. A person who commits harassment in the first degree 23 commits an aggravated misdemeanor. The bill also prohibits a 24 person convicted of the harassment offense from receiving a 25 deferred judgment or sentence. If a person is convicted of 26 a third or subsequent stalking offense in violation of Code 27 section 708.11(3)(a), and the offense involved a domestic 28 relationship, the bill requires the person to serve a mandatory 29 five-year minimum prison sentence. A person who commits such 30 a stalking offense commits a class “C” felony. The bill also 31 prohibits the person from receiving a deferred judgment or 32 sentence. If a person is convicted of stalking in violation 33 of Code section 708.11(3)(b)(1), and the offense involved a 34 domestic relationship, the bill requires the person to serve 35 -12- LSB 1398SV (1) 87 jm/nh 12/ 15
S.F. 422 a mandatory three-year minimum prison sentence. A person who 1 commits such a stalking offense commits a class “D” felony. 2 The bill also prohibits the person from receiving a deferred 3 judgment or sentence. 4 STALKING. The bill expands the definition of “course 5 of conduct” for purposes of the definition of the crime of 6 stalking contained in Code section 708.11 to include situations 7 where a technological device is repeatedly used to locate, 8 listen to, or watch a person without a legitimate purpose. 9 The bill modifies the elements of the criminal offense 10 of stalking to provide that a person commits the crime of 11 stalking when the person both purposefully engages in a course 12 of conduct directed at a specific person that would cause a 13 reasonable person to feel terrorized, frightened, intimidated, 14 or threatened or to fear that the person intends to cause 15 bodily injury to, or the death of, that specific person or a 16 member of the specific person’s immediate family and the person 17 has knowledge or should have knowledge that a reasonable person 18 would feel terrorized, frightened, intimidated, or threatened 19 or fear that the person intends to cause bodily injury to, or 20 the death of, that specific person or a member of the specific 21 person’s immediate family. The bill eliminates a current 22 element of stalking requiring the person’s course of conduct to 23 actually induce fear in the victim of bodily injury to or death 24 of the victim or the victim’s family member. 25 A person who commits stalking in violation of Code section 26 708.11 is subject to criminal penalties ranging from an 27 aggravated misdemeanor (confinement for no more than two years 28 and a fine of at least $625 but not more than $6,250) to a class 29 “C” felony (confinement for no more than 10 years and a fine of 30 at least $1,000 but not more than $10,000). 31 UNAUTHORIZED PLACEMENT OF GLOBAL POSITIONING DEVICE. Under 32 the bill, a person commits unauthorized placement of a global 33 positioning device, when, with intent to intimidate, annoy, or 34 alarm another person, the person, without the consent of the 35 -13- LSB 1398SV (1) 87 jm/nh 13/ 15
S.F. 422 other person, places a global positioning device on the other 1 person or an object in order to track the movements of the 2 other person without a legitimate purpose. 3 A person who commits unauthorized placement of a global 4 positioning device commits a serious misdemeanor. A serious 5 misdemeanor is punishable by confinement for no more than one 6 year and a fine of at least $315 but not more than $1,875. 7 ACCUMULATION OF EARNED TIME. The bill changes the following 8 offenses from a category “A” sentence under Code section 903A.2 9 to a category “B” sentence under Code section 903A.2: a third 10 or subsequent offense of domestic abuse assault in Code section 11 708.2A(4); harassment in the first degree in Code section 12 708.7(2), if the offense involved a domestic relationship 13 and the sentence by the court exceeds one year; a third or 14 subsequent offense of stalking under Code section 708.11(3)(a), 15 if the offense involved a domestic relationship; and stalking 16 under Code section 708.11(3)(b)(1), if the offense involved a 17 domestic relationship. Changing an offense from a category 18 “A” sentence to a category “B” sentence in effect reduces the 19 maximum accumulation of earned time from one and two-tenths 20 days for each day the inmate demonstrates good conduct and 21 satisfactorily participates in any program or placement to a 22 maximum accumulation of earned time of fifteen eighty-fifths 23 of a day for each day of good conduct. However, the category 24 “B” offenses in the bill are not limited to serving at least 25 seven-tenths of the maximum term of the person’s sentence as 26 provided in Code section 902.12 but are required to serve the 27 mandatory minimum sentence in new Code section 902.13 in the 28 bill. 29 The bill also specifies that an inmate sentenced under new 30 Code section 902.13 is required to participate in a domestic 31 abuse treatment program, if required, and is not eligible for 32 a reduction of sentence unless the defendant participates and 33 completes such a program. If a defendant participates and 34 completes the domestic abuse treatment program, the defendant 35 -14- LSB 1398SV (1) 87 jm/nh 14/ 15
S.F. 422 is entitled to a reduction of fifteen eighty-fifths of a day 1 for each day the defendant demonstrates good conduct and 2 participates in a program or placement. 3 BOARD OF PAROLE —— RULES. The bill requires the board 4 of parole to develop a validated risk assessment model for 5 domestic abuse assault in consultation with the department of 6 corrections. 7 -15- LSB 1398SV (1) 87 jm/nh 15/ 15