Senate File 61 - Introduced SENATE FILE 61 BY McCLINTOCK A BILL FOR An Act relating to earned time applied to reduce certain 1 mandatory minimum sentences. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1298XS (2) 90 as/rh
S.F. 61 Section 1. Section 903A.5, subsection 1, Code 2023, is 1 amended to read as follows: 2 1. An inmate shall not be discharged from the custody 3 of the director of the Iowa department of corrections until 4 the inmate has served the full term for which the inmate was 5 sentenced, less earned time and other credits earned and not 6 forfeited, unless the inmate is pardoned or otherwise legally 7 released. Earned time accrued and not forfeited shall apply to 8 reduce a mandatory minimum sentence being served pursuant to 9 section 124.406 , 124.413 , 902.7 , 902.8 , or 902.8A , or 902.11 . 10 An inmate shall be deemed to be serving the sentence from the 11 day on which the inmate is received into the institution. If 12 an inmate was confined to a county jail, municipal holding 13 facility, or other correctional or mental facility at any time 14 prior to sentencing, or after sentencing but prior to the case 15 having been decided on appeal, because of failure to furnish 16 bail or because of being charged with a nonbailable offense, 17 the inmate shall be given credit for the days already served 18 upon the term of the sentence. However, if a person commits 19 any offense while confined in a county jail, municipal holding 20 facility, or other correctional or mental health facility, 21 the person shall not be granted credit for that offense. 22 Unless the inmate was confined in a correctional facility, the 23 sheriff of the county in which the inmate was confined or the 24 officer in charge of the municipal holding facility in which 25 the inmate was confined shall certify to the clerk of the 26 district court from which the inmate was sentenced and to the 27 department of corrections’ records administrator at the Iowa 28 medical and classification center the number of days so served. 29 The department of corrections’ records administrator, or the 30 administrator’s designee, shall apply credit as ordered by the 31 court of proper jurisdiction or as authorized by this section 32 and section 907.3, subsection 3 . 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -1- LSB 1298XS (2) 90 as/rh 1/ 2
S.F. 61 the explanation’s substance by the members of the general assembly. 1 This bill relates to earned time applied to reduce certain 2 mandatory minimum sentences. 3 Current law provides that earned time accrued and not 4 forfeited shall apply to reduce a mandatory minimum sentence 5 being served pursuant to Code section 124.406 (distribution of 6 certain controlled substances to person under age 18), 124.413 7 (mandatory minimum sentence for certain controlled substance 8 offenses), 902.7 (minimum sentence for forcible felony while 9 possessing a dangerous weapon), 902.8 (minimum sentence for 10 habitual offender), 902.8A (minimum sentence for conspiring 11 to manufacture or deliver amphetamine or methamphetamine to 12 a minor), or 902.11 (eligibility of prior forcible felon for 13 parole or work release). 14 The bill amends current law to provide that earned time 15 accrued shall not apply to reduce a mandatory minimum sentence 16 being served for violations of Code sections 902.7, 902.8, and 17 902.11. 18 -2- LSB 1298XS (2) 90 as/rh 2/ 2