H.F. 564 Section 1. Section 124.401, subsection 5, unnumbered 1 paragraphs 5 and 6, Code 2019, are amended to read as follows: 2 If a person commits a violation of this subsection , the 3 court shall order the person to serve a term of imprisonment of 4 not less than forty-eight hours . Any sentence imposed may be 5 suspended, and the court shall place the person on probation 6 upon such terms and conditions as the court may impose. If 7 the person is not sentenced to confinement under the custody 8 of the director of the department of corrections, the terms 9 and conditions of probation shall require submission to random 10 drug testing. If the person fails a drug test, the court may 11 transfer the person’s placement to any appropriate placement 12 permissible under the court order. 13 If the controlled substance is amphetamine, its salts, 14 isomers, or salts of its isomers, or methamphetamine, its 15 salts, isomers, or salts of its isomers, the court shall order 16 the person to serve a term of imprisonment of not less than 17 forty-eight hours . Any sentence imposed may be suspended, 18 and the court shall place the person on probation upon such 19 terms and conditions as the court may impose. The court may 20 place the person on intensive probation. However, the terms 21 and conditions of probation shall require submission to random 22 drug testing. If the person fails a drug test, the court may 23 transfer the person’s placement to any appropriate placement 24 permissible under the court order. 25 Sec. 2. Section 124.401E, subsection 3, Code 2019, is 26 amended by striking the subsection. 27 Sec. 3. Section 124.406, subsection 1, paragraph a, Code 28 2019, is amended to read as follows: 29 a. Unlawfully distributes or possesses with intent to 30 distribute a substance listed in schedule I or II to a person 31 under eighteen years of age commits a class “B” felony and 32 shall serve a minimum term of confinement of five years . 33 However, if the substance was distributed in or on, or within 34 one thousand feet of, the real property comprising a public or 35 -1- LSB 2336YH (4) 88 as/rh 1/ 5

H.F. 564 private elementary or secondary school, public park, public 1 swimming pool, public recreation center, or on a marked school 2 bus, the person shall serve a minimum term of confinement of 3 ten years. 4 Sec. 4. Section 124.413, Code 2019, is amended by striking 5 the section. 6 Sec. 5. Section 232.45, subsection 14, paragraph a, Code 7 2019, is amended to read as follows: 8 a. If a child who is alleged to have delivered, 9 manufactured, or possessed with intent to deliver or 10 manufacture, a controlled substance except marijuana, as 11 defined in chapter 124 , is waived to district court for 12 prosecution, the mandatory minimum sentence provided in section 13 124.413 shall not be imposed if a conviction is had; however, 14 each a child convicted of such an offense shall be confined for 15 not less than thirty days in a secure facility. 16 Sec. 6. Section 901.10, subsection 2, Code 2019, is amended 17 to read as follows: 18 2. Notwithstanding subsection 1 , if the sentence under 19 section 124.413 involves an amphetamine or methamphetamine 20 offense under section 124.401, subsection 1 , paragraph “a” or 21 “b” , the court shall not grant any reduction of sentence unless 22 the defendant pleads guilty. If the defendant pleads guilty, 23 the court may, at its discretion, reduce the mandatory minimum 24 sentence by up to one-third. If the defendant additionally 25 cooperates in the prosecution of other persons involved in the 26 sale or use of controlled substances, and if the prosecutor 27 requests an additional reduction in the defendant’s sentence 28 because of such cooperation, the court may grant a further 29 reduction in the defendant’s mandatory minimum sentence, up to 30 one-half of the remaining mandatory minimum sentence. 31 Sec. 7. Section 901.12, Code 2019, is amended by striking 32 the section. 33 Sec. 8. Section 903A.5, subsection 1, Code 2019, is amended 34 to read as follows: 35 -2- LSB 2336YH (4) 88 as/rh 2/ 5

H.F. 564 1. An inmate shall not be discharged from the custody 1 of the director of the Iowa department of corrections until 2 the inmate has served the full term for which the inmate was 3 sentenced, less earned time and other credits earned and not 4 forfeited, unless the inmate is pardoned or otherwise legally 5 released. Earned time accrued and not forfeited shall apply 6 to reduce a mandatory minimum sentence being served pursuant 7 to section 124.406 , 124.413 , 902.7 , 902.8 , 902.8A , or 902.11 . 8 An inmate shall be deemed to be serving the sentence from the 9 day on which the inmate is received into the institution. If 10 an inmate was confined to a county jail, municipal holding 11 facility, or other correctional or mental facility at any time 12 prior to sentencing, or after sentencing but prior to the case 13 having been decided on appeal, because of failure to furnish 14 bail or because of being charged with a nonbailable offense, 15 the inmate shall be given credit for the days already served 16 upon the term of the sentence. However, if a person commits 17 any offense while confined in a county jail, municipal holding 18 facility, or other correctional or mental health facility, 19 the person shall not be granted credit for that offense. 20 Unless the inmate was confined in a correctional facility, the 21 sheriff of the county in which the inmate was confined or the 22 officer in charge of the municipal holding facility in which 23 the inmate was confined shall certify to the clerk of the 24 district court from which the inmate was sentenced and to the 25 department of corrections’ records administrator at the Iowa 26 medical and classification center the number of days so served. 27 The department of corrections’ records administrator, or the 28 administrator’s designee, shall apply credit as ordered by the 29 court of proper jurisdiction or as authorized by this section 30 and section 907.3, subsection 3 . 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill eliminates mandatory minimum sentences for drug 35 -3- LSB 2336YH (4) 88 as/rh 3/ 5

H.F. 564 offenses. 1 The bill removes the mandatory 48-hour minimum sentence for 2 a person committing a violation of Code section 124.401(5) for 3 a person knowingly or intentionally possessing a controlled 4 substance unless such substance was obtained directly from, or 5 pursuant to, a valid prescription or order of a practitioner 6 while acting in the course of the practitioner’s professional 7 practice, or except as otherwise authorized under Code chapter 8 124 (controlled substances). 9 The bill removes the mandatory 48-hour minimum sentence for 10 a violation of Code section 124.401(5) when the controlled 11 substance is amphetamine, its salts, isomers, or salts of its 12 isomers, or methamphetamine, its salts, isomers, or salts of 13 its isomers. 14 The bill strikes Code section 124.401E(3) requiring a 15 minimum term of confinement for a person’s second or subsequent 16 conviction for delivery or possession with intent to deliver an 17 amphetamine, its salts, isomers, or salts of its isomers, or 18 methamphetamine, its salts, isomers, or salts of its isomers. 19 The bill removes the minimum term of confinement of five 20 years for a person over 18 years of age who unlawfully 21 distributes or possesses with intent to distribute a schedule 22 I or schedule II controlled substance to a person under 18 23 years of age. The bill strikes language requiring a mandatory 24 minimum term of confinement of 10 years if the substance 25 was distributed in or on, or within 1,000 feet of, the real 26 property comprising a public or private elementary or secondary 27 school, public park, public swimming pool, public recreation 28 center, or on a marked school bus. 29 The bill strikes Code section 124.413 (mandatory minimum 30 sentence —— parole eligibility). 31 The bill strikes the requirement that a child who is 32 alleged to have delivered, manufactured, or possessed with 33 intent to deliver or manufacture, a controlled substance 34 except marijuana, as defined in Code chapter 124, is waived to 35 -4- LSB 2336YH (4) 88 as/rh 4/ 5

H.F. 564 district court for prosecution, and is convicted of such an 1 offense, be confined in a secure facility for a minimum of 30 2 days. 3 The bill removes references to the reduction of a mandatory 4 minimum sentence for a defendant who either pleads guilty to 5 an amphetamine or methamphetamine offense or cooperates in the 6 prosecution of other persons involved in the sale or use of 7 controlled substances. 8 The bill strikes Code section 901.12 (minimum sentence —— 9 parole or work release eligibility —— certain drug offenses). 10 The bill removes the reference to mandatory minimum 11 sentences and provides that earned time accrued and not 12 forfeited shall apply to reduce a sentence being served 13 pursuant to Code section 124.406 (distribution to person under 14 age 18), 902.7 (minimum sentence —— use of a dangerous weapon), 15 902.8 (minimum sentence —— habitual offender), 902.8A (minimum 16 sentence for conspiring to manufacture, or delivery of, 17 amphetamine or methamphetamine to a minor), or 902.11 (minimum 18 sentence —— eligibility of prior forcible felon for parole or 19 work release). 20 -5- LSB 2336YH (4) 88 as/rh 5/ 5