House File 535 - IntroducedA Bill ForAn Act 1applying earned time to reduce certain mandatory minimum
2felony sentences.
1   Section 1.  Section 903A.5, subsection 1, Code 2021, is
2amended to read as follows:
   31.  An inmate shall not be discharged from the custody of the
4director of the Iowa department of corrections until the inmate
5has served the full term for which the inmate was sentenced,
6less earned time and other credits earned and not forfeited,
7unless the inmate is pardoned or otherwise legally released.
8Earned time accrued and not forfeited shall apply to reduce a
9mandatory minimum sentence being served pursuant to section
10124.406, 124.413, 902.7, 902.8, 902.8A, or 902.11, or 902.12.
11An inmate shall be deemed to be serving the sentence from the
12day on which the inmate is received into the institution. If
13an inmate was confined to a county jail, municipal holding
14facility, or other correctional or mental facility at any time
15prior to sentencing, or after sentencing but prior to the case
16having been decided on appeal, because of failure to furnish
17bail or because of being charged with a nonbailable offense,
18the inmate shall be given credit for the days already served
19upon the term of the sentence. However, if a person commits
20any offense while confined in a county jail, municipal holding
21facility, or other correctional or mental health facility,
22the person shall not be granted credit for that offense.
23Unless the inmate was confined in a correctional facility, the
24sheriff of the county in which the inmate was confined or the
25officer in charge of the municipal holding facility in which
26the inmate was confined shall certify to the clerk of the
27district court from which the inmate was sentenced and to the
28department of corrections’ records administrator at the Iowa
29medical and classification center the number of days so served.
30The department of corrections’ records administrator, or the
31administrator’s designee, shall apply credit as ordered by the
32court of proper jurisdiction or as authorized by this section
33and section 907.3, subsection 3.
35The inclusion of this explanation does not constitute agreement with
-1-1the explanation’s substance by the members of the general assembly.
   2This bill relates to earned time applied to reduce certain
3mandatory minimum felony sentences.
   4The bill adds the felonies included in Code section 902.12,
5which are subject to a mandatory minimum period of confinement
6prior to eligibility for parole or work release, to the list of
7offenses for which earned time accrued and not forfeited shall
8apply to reduce a mandatory minimum sentence being served. An
9inmate is deemed to be serving the sentence from the day on
10which the inmate is received into the institution.
   11The felonies described in Code section 902.12 include:
12murder in the second degree; attempted murder, except attempted
13murder against a peace officer; sexual abuse in the second
14degree; kidnapping in the second degree; robbery in the first
15degree, except for a conviction of robbery in the first degree
16that occurred on or after July 1, 2018; robbery in the second
17degree, except for a conviction of robbery in the second degree
18that occurs on or after July 1, 2016; vehicular homicide when
19the person unintentionally causes the death of another by
20operating a motor vehicle while intoxicated, or when the person
21unintentionally causes the death of another in a reckless
22manner with willful or wanton disregard for the safety of
23persons or property, or when the person unintentionally causes
24the death of another when eluding or attempting to elude a
25pursuing law enforcement vehicle if the death of the other
26person directly or indirectly results from the violation and if
27the person was also convicted of failing to remain at the scene
28of an accident that resulted in the death of another person;
29and child endangerment that resulted in the death of a child or