House
File
408
-
Introduced
HOUSE
FILE
408
BY
JONES
A
BILL
FOR
An
Act
relating
to
indeterminate
sentences
for
class
“D”
1
felonies.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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1983YH
(3)
88
as/rh
H.F.
408
Section
1.
NEW
SECTION
.
902.3B
Indeterminate
sentencing
1
options
——
class
“D”
felonies.
2
Notwithstanding
section
902.3,
when
a
judgment
of
conviction
3
for
a
class
“D”
felony
is
entered
against
a
person,
the
court,
4
in
imposing
a
sentence
of
confinement,
may
do
any
of
the
5
following:
6
1.
Except
as
otherwise
provided
in
section
321J.2,
7
subsection
5,
paragraph
“a”
,
commit
the
person
into
the
custody
8
of
the
director
of
the
Iowa
department
of
corrections
for
an
9
indeterminate
term
not
to
exceed
five
years
and
suspend
the
10
sentence
subject
to
the
person’s
compliance
with
the
conditions
11
set
by
the
court
as
a
requirement
of
the
suspended
sentence.
12
2.
Commit
the
person
into
the
custody
of
the
director
of
the
13
Iowa
department
of
corrections
for
an
indeterminate
term
not
to
14
exceed
five
years
without
suspending
the
sentence.
15
3.
Except
as
otherwise
provided
in
section
321J.2,
16
subsection
5,
paragraph
“a”
,
commit
the
person
into
the
custody
17
of
the
director
of
the
Iowa
department
of
corrections
for
an
18
indeterminate
term
not
to
exceed
five
years,
with
a
mandatory
19
minimum
term
of
between
thirty
days
and
one
year,
to
be
served
20
in
the
county
jail.
21
EXPLANATION
22
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
23
the
explanation’s
substance
by
the
members
of
the
general
assembly.
24
This
bill
provides
that
when
a
judgment
of
conviction
of
a
25
class
“D”
felony
is
entered
against
a
person,
the
court,
in
26
imposing
a
sentence
of
confinement
may,
except
as
otherwise
27
provided
in
Code
section
321J.2(5)(a),
commit
the
person
to
the
28
custody
of
the
director
of
the
Iowa
department
of
corrections
29
for
an
indeterminate
term
not
to
exceed
five
years
and
suspend
30
the
sentence
subject
to
the
person’s
compliance
with
conditions
31
set
by
the
court
as
a
requirement
of
the
suspended
sentence;
32
commit
the
person
to
the
custody
of
the
director
of
the
Iowa
33
department
of
corrections
for
an
indeterminate
term
not
to
34
exceed
five
years
without
suspending
the
sentence;
or
except
35
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2
H.F.
408
as
otherwise
provided
in
Code
section
321J.2(5)(a),
commit
the
1
person
to
the
custody
of
the
director
of
the
Iowa
department
of
2
corrections
for
an
indeterminate
term
not
to
exceed
five
years
3
and
order
the
person
to
serve
a
jail
sentence
with
a
mandatory
4
minimum
term
of
between
30
days
and
one
year
in
the
county
5
jail.
6
A
person
convicted
under
Code
section
321J.2(5)(a)
for
a
7
third
operating-while-intoxicated
offense
shall
be
committed
to
8
the
custody
of
the
director
of
the
department
of
corrections
9
for
an
indeterminate
term
not
to
exceed
five
years,
with
a
10
mandatory
minimum
term
of
30
days.
11
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2