SF 2016 (LSB 5253XS (3) 90)

SENATE FILE 2016

BY  McCLINTOCK

A BILL FOR

An Act relating to earned time applied to reduce certain mandatory minimum sentences.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 903A.5, subsection 1, Code 2024, is amended to read as follows:
   1.  An inmate shall not be discharged from the custody of the director of the Iowa department of corrections until the inmate has served the full term for which the inmate was sentenced, less earned time and other credits earned and not forfeited, unless the inmate is pardoned or otherwise legally released. Earned time accrued and not forfeited shall apply to reduce a mandatory minimum sentence being served pursuant to section 124.406, 124.413, 902.7, 902.8, or 902.8A, or 902.11. An inmate shall be deemed to be serving the sentence from the day on which the inmate is received into the institution. If an inmate was confined to a county jail, municipal holding facility, or other correctional or mental facility at any time prior to sentencing, or after sentencing but prior to the case having been decided on appeal, because of failure to furnish bail or because of being charged with a nonbailable offense, the inmate shall be given credit for the days already served upon the term of the sentence. However, if a person commits any offense while confined in a county jail, municipal holding facility, or other correctional or mental health facility, the person shall not be granted credit for that offense. Unless the inmate was confined in a correctional facility, the sheriff of the county in which the inmate was confined or the officer in charge of the municipal holding facility in which the inmate was confined shall certify to the clerk of the district court from which the inmate was sentenced and to the department of corrections’ records administrator at the Iowa medical and classification center the number of days so served. The department of corrections’ records administrator, or the administrator’s designee, shall apply credit as ordered by the court of proper jurisdiction or as authorized by this section and section 907.3, subsection 3.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to earned time applied to reduce certain mandatory minimum sentences.
   Current law provides that earned time accrued and not forfeited shall apply to reduce a mandatory minimum sentence being served pursuant to Code section 124.406 (distribution of certain controlled substances to person under age 18), 124.413 (mandatory minimum sentence for certain controlled substance offenses), 902.7 (minimum sentence for forcible felony while possessing a dangerous weapon), 902.8 (minimum sentence for habitual offender), 902.8A (minimum sentence for conspiring to manufacture or deliver amphetamine or methamphetamine to a minor), or 902.11 (eligibility of prior forcible felon for parole or work release).
   The bill provides that earned time accrued shall not apply to reduce a mandatory minimum sentence being served for violations of Code sections 902.7, 902.8, and 902.11.