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Senate File 139 - IntroducedA Bill ForAn Act 1establishing a criminal penalty for violent repeat
2offenders, reducing earned time for offenders required
3to participate in batterers’ education under certain
4circumstances, providing for risk assessments, and relating
5to electronic tracking and monitoring.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 901.2, subsection 2, paragraph d, Code
22017, is amended by adding the following new subparagraph:
3 NEW SUBPARAGRAPH. (4) A risk assessment when the offense
4is a domestic abuse assault in violation of section 708.2A, or
5harassment in violation of section 708.7.
6 Sec. 2. Section 901.3, Code 2017, is amended by adding the
7following new subsection:
8 NEW SUBSECTION. 1A. The performance of a risk assessment
9shall be required as part of a presentence investigation under
10subsection 1 for domestic abuse assault in violation of section
11708.2A, harassment in violation of section 708.7, or stalking
12in violation of section 708.11.
13 Sec. 3. Section 903A.2, subsection 1, paragraphs a and b,
14Code 2017, are amended to read as follows:
15a. (1) Category “A” sentences are those sentences which
16are not subject to a maximum accumulation of earned time of
17fifteen percent of the total sentence of confinement under
18section 902.12 and those sentences which are not violent
19repeat offender sentences under section 903A.8. To the extent
20provided in subsection 5, category “A” sentences also include
21life sentences imposed under section 902.1. An inmate of an
22institution under the control of the department of corrections
23who is serving a category “A” sentence is eligible for a
24reduction of sentence equal to one and two-tenths days for each
25day the inmate demonstrates good conduct and satisfactorily
26participates in any program or placement status identified by
27the director to earn the reduction. The programs include but
28are not limited to the following:
29(a) Employment in the institution.
30(b) Iowa state industries.
31(c) An employment program established by the director.
32(d) A treatment program established by the director.
33(e) An inmate educational program approved by the director.
34(2) (a) However, an An inmate required to participate in
35a sex offender treatment program shall not be eligible for a
-1-1reduction of sentence unless the inmate participates in and
2completes a sex offender treatment program established by the
3director.
4(b) An inmate required to participate in a batterers’
5treatment program shall not be eligible for a reduction of
6sentence unless the inmate participates in and completes a
7batterers’ treatment program established by the director.
8(3) An inmate serving a category “A” sentence is eligible
9for an additional reduction of sentence of up to three hundred
10sixty-five days of the full term of the sentence of the inmate
11for exemplary acts. In accordance with section 903A.4, the
12director shall by policy identify what constitutes an exemplary
13act that may warrant an additional reduction of sentence.
14b. Category “B” sentences are those sentences which are
15subject to a maximum accumulation of earned time of fifteen
16percent of the total sentence of confinement under section
17902.12 or which are violent repeat offender sentences under
18section 903A.8. An inmate of an institution under the control
19of the department of corrections who is serving a category
20“B” sentence is eligible for a reduction of sentence equal to
21fifteen eighty-fifths of a day for each day of good conduct by
22the inmate.
23 Sec. 4. NEW SECTION. 903A.8 Violent repeat offender.
241. A violent repeat offender is any person convicted of a
25felony offense under chapter 707, 708, 709, 710, 711, or 713,
26who has previously been convicted of any two felony violations
27under chapter 707, 708, 709, 710, 711, or 713.
282. Notwithstanding subsection 1, a person shall not be
29considered to be a violent repeat offender if the conviction
30that would otherwise make the offender a violent repeat
31offender is a conviction for murder in the second degree in
32violation of section 707.3, attempted murder in violation of
33section 707.11, sexual abuse in the second degree in violation
34of section 709.3, kidnapping in the second degree in violation
35of section 710.3, robbery in the first degree in violation of
-2-1section 711.2, or robbery in the second degree in violation
2of section 711.3. However, a prior conviction for murder in
3the second degree in violation of section 707.3, attempted
4murder in violation of section 707.11, sexual abuse in the
5second degree in violation of section 709.3, kidnapping in the
6second degree in violation of section 710.3, robbery in the
7first degree in violation of section 711.2, or robbery in the
8second degree in violation of section 711.3 shall be counted
9as a previous conviction in determining whether a person is a
10violent repeat offender due to the most recent conviction.
113. An offense is a felony if, by the law under which the
12person is convicted, it is so classified at the time of the
13person’s conviction.
144. For purposes of this section, felony conviction
15includes any felony conviction in another jurisdiction that is
16comparable to a felony listed in subsection 1 or any conviction
17under the prior laws of this state or another jurisdiction,
18that is comparable to a felony conviction listed in subsection
191.
20 Sec. 5. NEW SECTION. 905.16 Electronic tracking and
21monitoring system — domestic abuse.
22A person placed on probation, parole, work release, special
23sentence, or any other type of conditional release for domestic
24abuse assault in violation of section 708.2A, harassment in
25violation of section 708.7, stalking in violation of section
26708.11, or for a violation of any other offense, may be
27supervised by an electronic tracking and monitoring system for
28a period of time to be determined by the court, in addition to
29any other conditions of supervision.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill establishes a criminal penalty for a violent
34repeat offender and reduces earned time for offenders
35required to participate in batterers’ education under certain
-3-1circumstances, provides for risk assessments, and relates to
2electronic tracking and monitoring.
3If a presentence investigation is required prior
4to sentencing, the bill requires that the presentence
5investigation include a risk assessment of the offender, if the
6offender was convicted of domestic abuse assault in violation
7of Code section 708.2A, harassment in violation of Code section
8708.7, or stalking in violation of Code section 708.11.
9The bill specifies that an offender placed on probation,
10parole, or work release, or any other type of conditional
11release for domestic abuse assault in violation of Code section
12708.2A, harassment in violation of Code section 708.7, stalking
13in violation of Code section 708.11, or for a violation of any
14other type offense, may be supervised by an electronic tracking
15and monitoring system for a period of time to be determined by
16the court.
17Under the bill, a violent repeat offender is any person
18convicted of a more serious felony under Code chapter
19707 (homicide), 708 (assault), 709 (sexual abuse), 710
20(kidnapping), 711 (robbery and extortion), or 713 (burglary)
21who has twice before been convicted of any felony violation
22under those Code chapters.
23An offender who is serving a violent repeat offender
24sentence under the bill is only eligible for a reduction of
25sentence equal to fifteen eighty-fifths of a day for each
26day of good conduct by the offender. Most other offenders
27are eligible for a reduction of sentence equal to one and
28two-tenths days for each day the inmate demonstrates good
29conduct. The fifteen eighty-fifths of a day for each day
30of good conduct by a repeat violent offender equals the same
31rate of reduction of sentence for an offender who is serving
32a 70 percent sentence under Code section 902.12. However, an
33offender serving a violent repeat offender sentence is not
34required to serve seven-tenths of the maximum term of the
35sentence prior to being eligible for parole or work release as
-4-1an offender serving a 70 percent sentence is required to serve.
2In order to preserve the service of a 70 percent sentence by
3an offender, a person shall not be a violent repeat offender
4if the most recent conviction that would otherwise make the
5offender a violent repeat offender is a conviction for murder
6in the second degree in violation of Code section 707.3,
7attempted murder in violation of Code section 707.11, sexual
8abuse in the second degree in violation of Code section 709.3,
9kidnapping in the second degree in violation of Code section
10710.3, robbery in the first degree in violation of Code section
11711.2, or robbery in the second degree in violation of Code
12section 711.3. However, a prior conviction for murder in the
13second degree, attempted murder, sexual abuse in the second
14degree, kidnapping in the second degree, robbery in the first
15degree, or robbery in the second degree shall be counted as
16a previous conviction in determining whether a person is a
17violent repeat offender.
18The bill provides that an inmate at a correctional
19institution who is required to participate in a batterers’
20education program is not eligible for a reduction of sentence
21under Code section 903A.2(1)(a) unless the inmate participates
22in and completes the batterers’ education program established
23by the director of the department of corrections.
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2offenders, reducing earned time for offenders required
3to participate in batterers’ education under certain
4circumstances, providing for risk assessments, and relating
5to electronic tracking and monitoring.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 901.2, subsection 2, paragraph d, Code
22017, is amended by adding the following new subparagraph:
3 NEW SUBPARAGRAPH. (4) A risk assessment when the offense
4is a domestic abuse assault in violation of section 708.2A, or
5harassment in violation of section 708.7.
6 Sec. 2. Section 901.3, Code 2017, is amended by adding the
7following new subsection:
8 NEW SUBSECTION. 1A. The performance of a risk assessment
9shall be required as part of a presentence investigation under
10subsection 1 for domestic abuse assault in violation of section
11708.2A, harassment in violation of section 708.7, or stalking
12in violation of section 708.11.
13 Sec. 3. Section 903A.2, subsection 1, paragraphs a and b,
14Code 2017, are amended to read as follows:
15a. (1) Category “A” sentences are those sentences which
16are not subject to a maximum accumulation of earned time of
17fifteen percent of the total sentence of confinement under
18section 902.12 and those sentences which are not violent
19repeat offender sentences under section 903A.8. To the extent
20provided in subsection 5, category “A” sentences also include
21life sentences imposed under section 902.1. An inmate of an
22institution under the control of the department of corrections
23who is serving a category “A” sentence is eligible for a
24reduction of sentence equal to one and two-tenths days for each
25day the inmate demonstrates good conduct and satisfactorily
26participates in any program or placement status identified by
27the director to earn the reduction. The programs include but
28are not limited to the following:
29(a) Employment in the institution.
30(b) Iowa state industries.
31(c) An employment program established by the director.
32(d) A treatment program established by the director.
33(e) An inmate educational program approved by the director.
34(2) (a) However, an An inmate required to participate in
35a sex offender treatment program shall not be eligible for a
-1-1reduction of sentence unless the inmate participates in and
2completes a sex offender treatment program established by the
3director.
4(b) An inmate required to participate in a batterers’
5treatment program shall not be eligible for a reduction of
6sentence unless the inmate participates in and completes a
7batterers’ treatment program established by the director.
8(3) An inmate serving a category “A” sentence is eligible
9for an additional reduction of sentence of up to three hundred
10sixty-five days of the full term of the sentence of the inmate
11for exemplary acts. In accordance with section 903A.4, the
12director shall by policy identify what constitutes an exemplary
13act that may warrant an additional reduction of sentence.
14b. Category “B” sentences are those sentences which are
15subject to a maximum accumulation of earned time of fifteen
16percent of the total sentence of confinement under section
17902.12 or which are violent repeat offender sentences under
18section 903A.8. An inmate of an institution under the control
19of the department of corrections who is serving a category
20“B” sentence is eligible for a reduction of sentence equal to
21fifteen eighty-fifths of a day for each day of good conduct by
22the inmate.
23 Sec. 4. NEW SECTION. 903A.8 Violent repeat offender.
241. A violent repeat offender is any person convicted of a
25felony offense under chapter 707, 708, 709, 710, 711, or 713,
26who has previously been convicted of any two felony violations
27under chapter 707, 708, 709, 710, 711, or 713.
282. Notwithstanding subsection 1, a person shall not be
29considered to be a violent repeat offender if the conviction
30that would otherwise make the offender a violent repeat
31offender is a conviction for murder in the second degree in
32violation of section 707.3, attempted murder in violation of
33section 707.11, sexual abuse in the second degree in violation
34of section 709.3, kidnapping in the second degree in violation
35of section 710.3, robbery in the first degree in violation of
-2-1section 711.2, or robbery in the second degree in violation
2of section 711.3. However, a prior conviction for murder in
3the second degree in violation of section 707.3, attempted
4murder in violation of section 707.11, sexual abuse in the
5second degree in violation of section 709.3, kidnapping in the
6second degree in violation of section 710.3, robbery in the
7first degree in violation of section 711.2, or robbery in the
8second degree in violation of section 711.3 shall be counted
9as a previous conviction in determining whether a person is a
10violent repeat offender due to the most recent conviction.
113. An offense is a felony if, by the law under which the
12person is convicted, it is so classified at the time of the
13person’s conviction.
144. For purposes of this section, felony conviction
15includes any felony conviction in another jurisdiction that is
16comparable to a felony listed in subsection 1 or any conviction
17under the prior laws of this state or another jurisdiction,
18that is comparable to a felony conviction listed in subsection
191.
20 Sec. 5. NEW SECTION. 905.16 Electronic tracking and
21monitoring system — domestic abuse.
22A person placed on probation, parole, work release, special
23sentence, or any other type of conditional release for domestic
24abuse assault in violation of section 708.2A, harassment in
25violation of section 708.7, stalking in violation of section
26708.11, or for a violation of any other offense, may be
27supervised by an electronic tracking and monitoring system for
28a period of time to be determined by the court, in addition to
29any other conditions of supervision.
30EXPLANATION
31The inclusion of this explanation does not constitute agreement with
32the explanation’s substance by the members of the general assembly.
33This bill establishes a criminal penalty for a violent
34repeat offender and reduces earned time for offenders
35required to participate in batterers’ education under certain
-3-1circumstances, provides for risk assessments, and relates to
2electronic tracking and monitoring.
3If a presentence investigation is required prior
4to sentencing, the bill requires that the presentence
5investigation include a risk assessment of the offender, if the
6offender was convicted of domestic abuse assault in violation
7of Code section 708.2A, harassment in violation of Code section
8708.7, or stalking in violation of Code section 708.11.
9The bill specifies that an offender placed on probation,
10parole, or work release, or any other type of conditional
11release for domestic abuse assault in violation of Code section
12708.2A, harassment in violation of Code section 708.7, stalking
13in violation of Code section 708.11, or for a violation of any
14other type offense, may be supervised by an electronic tracking
15and monitoring system for a period of time to be determined by
16the court.
17Under the bill, a violent repeat offender is any person
18convicted of a more serious felony under Code chapter
19707 (homicide), 708 (assault), 709 (sexual abuse), 710
20(kidnapping), 711 (robbery and extortion), or 713 (burglary)
21who has twice before been convicted of any felony violation
22under those Code chapters.
23An offender who is serving a violent repeat offender
24sentence under the bill is only eligible for a reduction of
25sentence equal to fifteen eighty-fifths of a day for each
26day of good conduct by the offender. Most other offenders
27are eligible for a reduction of sentence equal to one and
28two-tenths days for each day the inmate demonstrates good
29conduct. The fifteen eighty-fifths of a day for each day
30of good conduct by a repeat violent offender equals the same
31rate of reduction of sentence for an offender who is serving
32a 70 percent sentence under Code section 902.12. However, an
33offender serving a violent repeat offender sentence is not
34required to serve seven-tenths of the maximum term of the
35sentence prior to being eligible for parole or work release as
-4-1an offender serving a 70 percent sentence is required to serve.
2In order to preserve the service of a 70 percent sentence by
3an offender, a person shall not be a violent repeat offender
4if the most recent conviction that would otherwise make the
5offender a violent repeat offender is a conviction for murder
6in the second degree in violation of Code section 707.3,
7attempted murder in violation of Code section 707.11, sexual
8abuse in the second degree in violation of Code section 709.3,
9kidnapping in the second degree in violation of Code section
10710.3, robbery in the first degree in violation of Code section
11711.2, or robbery in the second degree in violation of Code
12section 711.3. However, a prior conviction for murder in the
13second degree, attempted murder, sexual abuse in the second
14degree, kidnapping in the second degree, robbery in the first
15degree, or robbery in the second degree shall be counted as
16a previous conviction in determining whether a person is a
17violent repeat offender.
18The bill provides that an inmate at a correctional
19institution who is required to participate in a batterers’
20education program is not eligible for a reduction of sentence
21under Code section 903A.2(1)(a) unless the inmate participates
22in and completes the batterers’ education program established
23by the director of the department of corrections.
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