S.F. 2064 Section 1. Section 901.2, subsection 2, paragraph d, Code 1 2022, is amended by adding the following new subparagraph: 2 NEW SUBPARAGRAPH . (4) A risk assessment when the offense 3 is a domestic abuse assault in violation of section 708.2A or 4 harassment in violation of section 708.7. 5 Sec. 2. Section 901.3, Code 2022, is amended by adding the 6 following new subsection: 7 NEW SUBSECTION . 1A. The performance of a risk assessment 8 shall be required as part of a presentence investigation under 9 subsection 1 for domestic abuse assault in violation of section 10 708.2A, harassment in violation of section 708.7, or stalking 11 in violation of section 708.11. 12 Sec. 3. Section 903A.2, subsection 1, paragraphs a and b, 13 Code 2022, are amended to read as follows: 14 a. (1) Category “A” sentences are those sentences which 15 are not subject to a maximum accumulation of earned time of 16 fifteen percent of the total sentence of confinement under 17 section 902.12 or 902.13 , sentences which are not violent 18 repeat offender sentences under section 903A.8, and sentences 19 which are not category “C” sentences. To the extent provided 20 in subsection 5 , category “A” sentences also include life 21 sentences imposed under section 902.1 . An inmate of an 22 institution under the control of the department of corrections 23 who is serving a category “A” sentence is eligible for a 24 reduction of sentence equal to one and two-tenths days for each 25 day the inmate demonstrates good conduct and satisfactorily 26 participates in any program or placement status identified by 27 the director to earn the reduction. The programs include but 28 are not limited to the following: 29 (a) Employment in the institution. 30 (b) Iowa state industries. 31 (c) An employment program established by the director. 32 (d) A treatment program established by the director. 33 (e) An inmate educational program approved by the director. 34 (2) However, an inmate required to participate in a sex 35 -1- LSB 5807SS (2) 89 as/rh 1/ 5

S.F. 2064 offender treatment program shall not be eligible for any 1 reduction of sentence until the inmate participates in and 2 completes a sex offender treatment program established by the 3 director. 4 (3) An inmate serving a category “A” sentence is eligible 5 for an additional reduction of sentence of up to three hundred 6 sixty-five days of the full term of the sentence of the inmate 7 for exemplary acts. In accordance with section 903A.4 , the 8 director shall by policy identify what constitutes an exemplary 9 act that may warrant an additional reduction of sentence. 10 b. (1) Category “B” sentences are those sentences which 11 are subject to a maximum accumulation of earned time of fifteen 12 percent of the total sentence of confinement under section 13 902.12 or 902.13 , sentences which are not violent repeat 14 offender sentences under section 903A.8, and sentences which 15 are not category “C” sentences. An inmate of an institution 16 under the control of the department of corrections who is 17 serving a category “B” sentence is eligible for a reduction of 18 sentence equal to fifteen eighty-fifths of a day for each day 19 of good conduct by the inmate. 20 (2) An inmate required to participate in a domestic abuse 21 treatment program shall not be eligible for any reduction of 22 sentence until the inmate participates in and completes a 23 domestic abuse treatment program established by the director. 24 Sec. 4. NEW SECTION . 903A.8 Violent repeat offender. 25 1. A violent repeat offender is any person convicted of a 26 felony offense under chapter 707, 708, 709, or 710, section 27 711.2, 711.3, 713.3, or 713.4, section 713.5, subsection 1, 28 paragraph “a” , or section 713.6, subsection 1, paragraph “a” , 29 who has previously been convicted of any two felony violations 30 under chapter 707, 708, 709, or 710, or section 711.2, 711.3, 31 713.3, or 713.4, or section 713.5, subsection 1, paragraph “a” , 32 or section 713.6, subsection 1, paragraph “a” . 33 2. Notwithstanding subsection 1, a person shall not be 34 considered to be a violent repeat offender if the conviction 35 -2- LSB 5807SS (2) 89 as/rh 2/ 5

S.F. 2064 that would otherwise make the offender a violent repeat 1 offender is a conviction for murder in the second degree in 2 violation of section 707.3, attempted murder in violation of 3 section 707.11, sexual abuse in the second degree in violation 4 of section 709.3, kidnapping in the second degree in violation 5 of section 710.3, or robbery in the second degree in violation 6 of section 711.3. However, a prior conviction for murder in 7 the second degree in violation of section 707.3, attempted 8 murder in violation of section 707.11, sexual abuse in the 9 second degree in violation of section 709.3, kidnapping in the 10 second degree in violation of section 710.3, or robbery in the 11 second degree in violation of section 711.3 shall be counted 12 as a previous conviction in determining whether a person is a 13 violent repeat offender due to the most recent conviction. 14 3. An offense is a felony if the law under which the person 15 is convicted was classified as a felony at the time of the 16 person’s conviction. 17 4. For purposes of this section, a felony conviction 18 includes any felony conviction in another jurisdiction that is 19 comparable to a felony listed in subsection 1 or any conviction 20 under the prior laws of this state or another jurisdiction that 21 is comparable to a felony conviction listed in subsection 1. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill establishes a criminal penalty for violent repeat 26 offenders and provides for risk assessments. 27 If a presentence investigation is required prior 28 to sentencing, the bill requires that the presentence 29 investigation include a risk assessment of the offender, if the 30 offender was convicted of domestic abuse assault in violation 31 of Code section 708.2A, harassment in violation of Code section 32 708.7, or stalking in violation of Code section 708.11. 33 Under the bill, a violent repeat offender is any 34 person convicted of a felony offense under Code chapter 35 -3- LSB 5807SS (2) 89 as/rh 3/ 5

S.F. 2064 707 (homicide), 708 (assault), 709 (sexual abuse), 710 1 (kidnapping), or sections 711.2 (robbery in the first degree), 2 711.3 (robbery in the second degree), 713.3 (burglary in the 3 first degree), 713.4 (attempted burglary in the first degree), 4 713.5(1)(a) (burglary in the second degree), or 713.6(1)(a) 5 (attempted burglary in the second degree) who has twice 6 before been convicted of any felony violation under those Code 7 chapters or sections. 8 An offender who is serving a violent repeat offender 9 sentence under the bill is only eligible for a reduction of 10 sentence equal to fifteen eighty-fifths of a day for each 11 day of good conduct by the offender. Most other offenders 12 are eligible for a reduction of sentence equal to one and 13 two-tenths days for each day the inmate demonstrates good 14 conduct. Fifteen eighty-fifths of a day for each day of good 15 conduct by a repeat violent offender equals the same rate of 16 reduction of sentence for an offender who is serving a 70 17 percent sentence under Code section 902.12 or 902.13. However, 18 an offender serving a violent repeat offender sentence is not 19 required to serve seven-tenths of the maximum term of the 20 sentence prior to being eligible for parole or work release as 21 an offender serving a 70 percent sentence is required to serve. 22 In order to preserve the service of a 70 percent sentence by 23 an offender, a person shall not be a violent repeat offender 24 if the most recent conviction that would otherwise make the 25 offender a violent repeat offender is a conviction for murder 26 in the second degree in violation of Code section 707.3, 27 attempted murder in violation of Code section 707.11, sexual 28 abuse in the second degree in violation of Code section 709.3, 29 kidnapping in the second degree in violation of Code section 30 710.3, or robbery in the second degree in violation of Code 31 section 711.3. However, a prior conviction for murder in the 32 second degree, attempted murder, sexual abuse in the second 33 degree, kidnapping in the second degree, or robbery in the 34 second degree shall be counted as a previous conviction in 35 -4- LSB 5807SS (2) 89 as/rh 4/ 5