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Senate File 61 - IntroducedA Bill ForAn Act 1relating to earned time applied to reduce certain
2mandatory minimum sentences.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 903A.5, subsection 1, Code 2023, is
2amended to read as follows:
31. An inmate shall not be discharged from the custody
4of the director of the Iowa department of corrections until
5the inmate has served the full term for which the inmate was
6sentenced, less earned time and other credits earned and not
7forfeited, unless the inmate is pardoned or otherwise legally
8released. Earned time accrued and not forfeited shall apply to
9reduce a mandatory minimum sentence being served pursuant to
10section 124.406, 124.413, 902.7, 902.8, or 902.8A, or 902.11.
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.
34EXPLANATION
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 sentences.
4Current law provides that earned time accrued and not
5forfeited shall apply to reduce a mandatory minimum sentence
6being served pursuant to Code section 124.406 (distribution of
7certain controlled substances to person under age 18), 124.413
8(mandatory minimum sentence for certain controlled substance
9offenses), 902.7 (minimum sentence for forcible felony while
10possessing a dangerous weapon), 902.8 (minimum sentence for
11habitual offender), 902.8A (minimum sentence for conspiring
12to manufacture or deliver amphetamine or methamphetamine to
13a minor), or 902.11 (eligibility of prior forcible felon for
14parole or work release).
15The bill amends current law to provide that earned time
16accrued shall not apply to reduce a mandatory minimum sentence
17being served for violations of Code sections 902.7, 902.8, and
18902.11.
-2-as/rh
2mandatory minimum sentences.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 903A.5, subsection 1, Code 2023, is
2amended to read as follows:
31. An inmate shall not be discharged from the custody
4of the director of the Iowa department of corrections until
5the inmate has served the full term for which the inmate was
6sentenced, less earned time and other credits earned and not
7forfeited, unless the inmate is pardoned or otherwise legally
8released. Earned time accrued and not forfeited shall apply to
9reduce a mandatory minimum sentence being served pursuant to
10section 124.406, 124.413, 902.7, 902.8, or 902.8A, or 902.11.
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.
34EXPLANATION
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 sentences.
4Current law provides that earned time accrued and not
5forfeited shall apply to reduce a mandatory minimum sentence
6being served pursuant to Code section 124.406 (distribution of
7certain controlled substances to person under age 18), 124.413
8(mandatory minimum sentence for certain controlled substance
9offenses), 902.7 (minimum sentence for forcible felony while
10possessing a dangerous weapon), 902.8 (minimum sentence for
11habitual offender), 902.8A (minimum sentence for conspiring
12to manufacture or deliver amphetamine or methamphetamine to
13a minor), or 902.11 (eligibility of prior forcible felon for
14parole or work release).
15The bill amends current law to provide that earned time
16accrued shall not apply to reduce a mandatory minimum sentence
17being served for violations of Code sections 902.7, 902.8, and
18902.11.
-2-as/rh