House File 712 - Introduced HOUSE FILE 712 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO HF 408) 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 TLSB 1983HV (2) 88 as/rh
H.F. 712 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. The department of corrections shall be 21 responsible for the costs and expenses of housing a person 22 ordered to serve an indeterminate term in the county jail 23 pursuant to this subsection and shall reimburse the county for 24 the costs and expenses incurred for housing the person in the 25 county jail. 26 EXPLANATION 27 The inclusion of this explanation does not constitute agreement with 28 the explanation’s substance by the members of the general assembly. 29 This bill provides that when a judgment of conviction of a 30 class “D” felony is entered against a person, the court, in 31 imposing a sentence of confinement may, except as otherwise 32 provided in Code section 321J.2(5)(a), commit the person to the 33 custody of the director of the Iowa department of corrections 34 for an indeterminate term not to exceed five years and suspend 35 -1- LSB 1983HV (2) 88 as/rh 1/ 2
H.F. 712 the sentence subject to the person’s compliance with conditions 1 set by the court as a requirement of the suspended sentence; 2 commit the person to the custody of the director of the Iowa 3 department of corrections for an indeterminate term not to 4 exceed five years without suspending the sentence; or except 5 as otherwise provided in Code section 321J.2(5)(a), commit the 6 person to the custody of the director of the Iowa department of 7 corrections for an indeterminate term not to exceed five years 8 and order the person to serve a jail sentence with a mandatory 9 minimum term of between 30 days and one year in the county 10 jail. The department of corrections is responsible for the 11 costs and expenses of housing a person committed to the county 12 jail and shall reimburse the county for the costs and expenses 13 incurred for housing the person in the county jail. 14 A person convicted under Code section 321J.2(5)(a) for a 15 third operating-while-intoxicated offense shall be committed to 16 the custody of the director of the department of corrections 17 for an indeterminate term not to exceed five years, with a 18 mandatory minimum term of 30 days. 19 -2- LSB 1983HV (2) 88 as/rh 2/ 2