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House File 206 - IntroducedA Bill ForAn Act 1relating to minimum sentences for certain offenders and
2parole and work release eligibility.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 901.11, Code 2021, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 6. a. Notwithstanding any other provision
4of law to the contrary, at the time of sentencing, the court
5shall determine when a person convicted of any of the criminal
6offenses specified in section 902.12 shall first become
7eligible for parole or work release within the parameters
8specified in section 902.12, subsection 6, if any of the
9following apply:
10(1) At the time the defendant committed the offense for
11which the defendant is being sentenced the defendant was
12twenty-five years of age or younger.
13(2) At the time the defendant committed the offense for
14which the defendant is being sentenced the defendant had not
15previously been convicted of a forcible felony as defined in
16section 702.11.
17b. In determining when a person shall first become eligible
18for parole or work release under this subsection, the court
19shall give consideration to all pertinent information including
20but not limited to the person’s criminal record, a validated
21risk assessment, and the negative impact the offense has had
22on the victim or other persons.
23 Sec. 2. Section 902.12, Code 2021, is amended to read as
24follows:
25902.12 Minimum sentence for certain felonies — eligibility
26for parole or work release — exception.
271. A person serving a sentence for conviction of the
28following felonies, including a person serving a sentence
29for conviction of the following felonies prior to July 1,
302003, shall be denied parole or work release unless the person
31has served at least seven-tenths of the maximum term of the
32person’s sentence:
33a. Murder in the second degree in violation of section
34707.3.
35b. Attempted murder in violation of section 707.11, except
-1-1as provided in section 707.11, subsection 5.
2c. Sexual abuse in the second degree in violation of section
3709.3.
4d. Kidnapping in the second degree in violation of section
5710.3.
6e. Robbery in the second degree in violation of section
7711.3, except as determined in subsection 4.
8f. Vehicular homicide in violation of section 707.6A,
9subsection 1 or 2, if the person was also convicted under
10section 321.261, subsection 4, based on the same facts or
11event that resulted in the conviction under section 707.6A,
12subsection 1 or 2.
132. A person serving a sentence for a conviction of
14child endangerment as defined in section 726.6, subsection
151, paragraph “b”, that is described and punishable under
16section 726.6, subsection 4, shall be denied parole or work
17release until the person has served between three-tenths and
18seven-tenths of the maximum term of the person’s sentence as
19determined under section 901.11, subsection 2.
203. A person serving a sentence for a conviction for
21robbery in the first degree in violation of section 711.2
22for a conviction that occurs on or after July 1, 2018, shall
23be denied parole or work release until the person has served
24between one-half and seven-tenths of the maximum term of
25the person’s sentence as determined under section 901.11,
26subsection 3.
274. A person serving a sentence for a conviction for
28robbery in the second degree in violation of section 711.3
29for a conviction that occurs on or after July 1, 2016, shall
30be denied parole or work release until the person has served
31between one-half and seven-tenths of the maximum term of
32the person’s sentence as determined under section 901.11,
33subsection 4.
345. A person serving a sentence for a conviction for arson in
35the first degree in violation of section 712.2 that occurs on
-2-1or after July 1, 2019, shall be denied parole or work release
2until the person has served between one-half and seven-tenths
3of the maximum term of the person’s sentence as determined
4under section 901.11, subsection 5.
56. Notwithstanding this section, a person who was
6twenty-five years of age or younger at the time of the
7commission of an offense specified in this section, or a person
8who had not previously been convicted of a forcible felony as
9defined in section 702.11 at the time of the commission of the
10offense shall be denied parole or work release until the person
11has served between three-tenths and seven-tenths of the maximum
12term of the person’s sentence as determined under section
13901.11, subsection 6.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
17This bill allows a court to sentence a person to less than
18the minimum sentence described in Code section 902.12 for
19certain felonies if the person was either 25 years of age or
20younger at the time of the commission of the offense or had
21not previously been convicted of a forcible felony as defined
22in Code section 702.11 at the time of the commission of the
23offense. The bill makes conforming Code changes.
24“Forcible felony” means any felonious child endangerment,
25assault, murder, sexual abuse, kidnapping, robbery, human
26trafficking, arson in the first degree, or burglary in the
27first degree.
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2parole and work release eligibility.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 901.11, Code 2021, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 6. a. Notwithstanding any other provision
4of law to the contrary, at the time of sentencing, the court
5shall determine when a person convicted of any of the criminal
6offenses specified in section 902.12 shall first become
7eligible for parole or work release within the parameters
8specified in section 902.12, subsection 6, if any of the
9following apply:
10(1) At the time the defendant committed the offense for
11which the defendant is being sentenced the defendant was
12twenty-five years of age or younger.
13(2) At the time the defendant committed the offense for
14which the defendant is being sentenced the defendant had not
15previously been convicted of a forcible felony as defined in
16section 702.11.
17b. In determining when a person shall first become eligible
18for parole or work release under this subsection, the court
19shall give consideration to all pertinent information including
20but not limited to the person’s criminal record, a validated
21risk assessment, and the negative impact the offense has had
22on the victim or other persons.
23 Sec. 2. Section 902.12, Code 2021, is amended to read as
24follows:
25902.12 Minimum sentence for certain felonies — eligibility
26for parole or work release — exception.
271. A person serving a sentence for conviction of the
28following felonies, including a person serving a sentence
29for conviction of the following felonies prior to July 1,
302003, shall be denied parole or work release unless the person
31has served at least seven-tenths of the maximum term of the
32person’s sentence:
33a. Murder in the second degree in violation of section
34707.3.
35b. Attempted murder in violation of section 707.11, except
-1-1as provided in section 707.11, subsection 5.
2c. Sexual abuse in the second degree in violation of section
3709.3.
4d. Kidnapping in the second degree in violation of section
5710.3.
6e. Robbery in the second degree in violation of section
7711.3, except as determined in subsection 4.
8f. Vehicular homicide in violation of section 707.6A,
9subsection 1 or 2, if the person was also convicted under
10section 321.261, subsection 4, based on the same facts or
11event that resulted in the conviction under section 707.6A,
12subsection 1 or 2.
132. A person serving a sentence for a conviction of
14child endangerment as defined in section 726.6, subsection
151, paragraph “b”, that is described and punishable under
16section 726.6, subsection 4, shall be denied parole or work
17release until the person has served between three-tenths and
18seven-tenths of the maximum term of the person’s sentence as
19determined under section 901.11, subsection 2.
203. A person serving a sentence for a conviction for
21robbery in the first degree in violation of section 711.2
22for a conviction that occurs on or after July 1, 2018, shall
23be denied parole or work release until the person has served
24between one-half and seven-tenths of the maximum term of
25the person’s sentence as determined under section 901.11,
26subsection 3.
274. A person serving a sentence for a conviction for
28robbery in the second degree in violation of section 711.3
29for a conviction that occurs on or after July 1, 2016, shall
30be denied parole or work release until the person has served
31between one-half and seven-tenths of the maximum term of
32the person’s sentence as determined under section 901.11,
33subsection 4.
345. A person serving a sentence for a conviction for arson in
35the first degree in violation of section 712.2 that occurs on
-2-1or after July 1, 2019, shall be denied parole or work release
2until the person has served between one-half and seven-tenths
3of the maximum term of the person’s sentence as determined
4under section 901.11, subsection 5.
56. Notwithstanding this section, a person who was
6twenty-five years of age or younger at the time of the
7commission of an offense specified in this section, or a person
8who had not previously been convicted of a forcible felony as
9defined in section 702.11 at the time of the commission of the
10offense shall be denied parole or work release until the person
11has served between three-tenths and seven-tenths of the maximum
12term of the person’s sentence as determined under section
13901.11, subsection 6.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
17This bill allows a court to sentence a person to less than
18the minimum sentence described in Code section 902.12 for
19certain felonies if the person was either 25 years of age or
20younger at the time of the commission of the offense or had
21not previously been convicted of a forcible felony as defined
22in Code section 702.11 at the time of the commission of the
23offense. The bill makes conforming Code changes.
24“Forcible felony” means any felonious child endangerment,
25assault, murder, sexual abuse, kidnapping, robbery, human
26trafficking, arson in the first degree, or burglary in the
27first degree.
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