Senate Study Bill 3060 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED BOARD OF PAROLE BILL) A BILL FOR An Act relating to the commission of a parole violation or a 1 criminal offense while on parole. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5097XD (7) 87 jm/rj

S.F. _____ H.F. _____ Section 1. Section 908.1, Code 2018, is amended to read as 1 follows: 2 908.1 Arrest of alleged parole violator —— newly discovered 3 evidence. 4 A parole officer having probable cause to believe that 5 any person released on parole has violated the parole plan 6 or the conditions of parole may arrest such person, or the 7 parole officer may make a complaint before a magistrate in the 8 judicial district in which the person is being supervised , 9 charging such violation, and if it appears from such complaint, 10 or from affidavits filed with it, that there is probable cause 11 to believe that such person has violated the parole plan or 12 the terms of parole, the magistrate shall issue a warrant for 13 the arrest of such person. If a parole officer has newly 14 discovered evidence which indicates that a person released on 15 parole should not have been granted parole originally, the 16 parole officer shall present the evidence to the board of 17 parole and the board may issue an order to rescind the parole. 18 Sec. 2. Section 908.10, unnumbered paragraph 1, Code 2018, 19 is amended to read as follows: 20 When a person is convicted and sentenced to incarceration 21 in this state for a felony committed while on parole, or is 22 convicted and sentenced to incarceration under the laws of in 23 any other state of the United States or a foreign government or 24 country for an offense committed while on parole, and which if 25 committed in this state would be a felony, the person’s parole 26 shall be deemed revoked as of the date of the commission of the 27 new felony offense. 28 Sec. 3. Section 908.10A, unnumbered paragraph 1, Code 2018, 29 is amended to read as follows: 30 When a person is convicted and sentenced to incarceration 31 in a state correctional institution in this state for an 32 aggravated misdemeanor committed while on parole, or is 33 convicted and sentenced to incarceration under the laws of in 34 any other state of the United States or a foreign government or 35 -1- LSB 5097XD (7) 87 jm/rj 1/ 2

S.F. _____ H.F. _____ country for an offense committed while on parole, and which if 1 committed in this state would be an aggravated misdemeanor, the 2 person’s parole shall be deemed revoked as of the date of the 3 commission of the new aggravated misdemeanor offense. 4 Sec. 4. REPEAL. Section 908.7, Code 2018, is repealed. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill relates to the commission of a parole violation or 9 criminal offense while on parole. 10 Under the bill, a parole officer having probable cause 11 to believe that a person released on parole has violated 12 the parole plan or the conditions of parole may arrest such 13 person, or the parole officer may make a complaint before a 14 magistrate in the judicial district in which the person is 15 being supervised, and if probable cause exists, the magistrate 16 may issue a warrant for the person’s arrest. 17 Current law specifies that if a person is convicted and 18 sentenced to incarceration under the laws of any other state 19 of the United States or a foreign government or country for an 20 offense committed while on parole, and which if committed in 21 this state would be an aggravated misdemeanor or felony, the 22 person’s parole shall be revoked. The bill strikes references 23 to “under the laws of any other state” and references to 24 “foreign government” in both Code sections 908.10 and 908.10A, 25 thus providing that if a person is convicted and sentenced 26 to incarceration in any other state of the United States or 27 a foreign country for an offense committed while on parole, 28 and which if committed in this state would be an aggravated 29 misdemeanor or felony, the person’s parole shall be revoked. 30 The bill repeals Code section 908.7, which allows an alleged 31 parole violator to waive the parole revocation hearing. 32 -2- LSB 5097XD (7) 87 jm/rj 2/ 2