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House File 128 - IntroducedA Bill ForAn Act 1establishing a criminal sentencing commission.
2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 216A.131, Code 2017, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 2A. “Commission” means the criminal
4sentencing commission.
5 Sec. 2. Section 216A.133A, subsection 2, Code 2017, is
6amended by striking the subsection.
7 Sec. 3. Section 216A.133A, subsection 3, paragraph a,
8subparagraphs (6) and (7), Code 2017, are amended by striking
9the subparagraphs.
10 Sec. 4. NEW SECTION. 216A.140A Criminal sentencing
11commission.
121. a. A criminal sentencing commission is established
13within the division. The commission shall consist of the
14following nine voting members:
15(1) The chief justice of the supreme court or the chief
16justice’s designee.
17(2) One judge of the court of appeals appointed by the chief
18judge of the court of appeals.
19(3) One district judge appointed by the judicial council.
20(4) One county attorney appointed by the governor upon
21recommendation by the Iowa county attorneys association.
22(5) One public defender appointed by the governor upon the
23recommendation by the state public defender.
24(6) One probation or parole officer appointed by the
25governor.
26(7) Three members of the public appointed by the governor,
27one of whom shall be a victim of a crime classified as a felony.
28b. The commission shall include two members of the general
29assembly who shall serve as ex officio, nonvoting members. The
30legislative members shall be appointed as follows:
31(1) One member of the senate appointed by the majority
32leader of the senate.
33(2) One member of the house of representatives appointed by
34the speaker of the house of representatives.
352. Notwithstanding section 7E.6, nonlegislative members
-1-1shall only receive reimbursement for actual expenses for
2performance of their official duties as members of the
3commission. Members of the general assembly shall not receive
4a per diem but shall receive reimbursement for necessary travel
5and actual expenses incurred in the performance of their
6official duties.
73. a. The initial term of a member appointed by the
8governor pursuant to subsection 1, paragraph “a”, subparagraphs
9(4), (5), and (6), shall be four years, and after the initial
10term has been served, the appointment shall be for a term of
11four years.
12b. The initial term of a member appointed by the governor
13pursuant to subsection 1, paragraph “a”, subparagraph (7),
14shall be two years, and after the initial term has been served,
15the appointment shall be for a term of four years.
164. One nonlegislative member shall be designated by the
17governor as the chairperson.
185. The commission may act or make recommendations only
19upon a vote of a majority of the voting membership of the
20commission.
216. a. The commission shall be charged with developing,
22implementing, and administering felony sentencing guidelines
23for use by the courts throughout the state.
24b. The sentencing guidelines shall be discretionary but
25shall provide a judge with a range of recommended sentencing
26options.
277. The commission shall develop and conduct sentencing
28guideline education seminars and prepare research related but
29not limited to the following:
30a. Risk assessments.
31b. Recidivism.
32c. Probation and parole violations.
338. The commission shall review the costs associated with
34the implementation of new or amended criminal code provisions,
35including costs to the judicial branch, department of
-2-1corrections, and judicial district departments of correctional
2services, costs for representing indigent defendants, and costs
3incurred by political subdivisions of the state.
49. The commission may call upon any department, agency, or
5office of the state, or any political subdivision of the state,
6for information or assistance as needed in the performance of
7its duties. The information or assistance shall be furnished
8to the extent that it is within the resources and authority
9of the department, agency, office, or political subdivision.
10This section does not require the production or opening of
11any records which are required by law to be kept private or
12confidential.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill establishes a criminal sentencing commission.
17The membership of the criminal sentencing commission shall
18consist of the following nine voting members: the chief
19justice of the supreme court or the chief justice’s designee;
20one judge of the court of appeals appointed by the chief
21judge of the court of appeals; one district judge appointed
22by the judicial council; one county attorney appointed by the
23governor upon recommendation by the Iowa county attorneys
24association; one public defender appointed by the governor upon
25recommendation by the state public defender; one probation or
26parole officer appointed by the governor; and three members
27of the public appointed by the governor, one of whom shall be
28a victim of a crime classified as a felony. The commission
29shall include two members of the general assembly who shall
30serve as ex officio, nonvoting members, and who shall be
31appointed as follows: one member of the senate appointed by
32the majority leader of the senate, and one member of the house
33of representatives appointed by the speaker of the house of
34representatives. The bill provides that the initial term of
35members appointed by the governor shall be staggered, and after
-3-1the initial term has been served, the appointment shall be for
2a term of four years.
3The bill provides that nonlegislative members shall only
4receive reimbursement for actual expenses for performance
5of their official duties as members of the commission.
6Legislative members shall not receive a per diem under the
7bill, but legislative members shall receive reimbursement
8for necessary travel and actual expenses incurred in the
9performance of their official duties.
10The bill specifies that a nonlegislative member of
11the commission shall be designated by the governor as the
12chairperson.
13The bill provides that the commission shall be charged with
14developing, implementing, and administering felony sentencing
15guidelines for use by the courts throughout the state. The
16sentencing guidelines shall be discretionary but shall provide
17a judge with a range of recommended sentencing options.
18The bill requires the commission to develop and conduct
19sentencing guideline education seminars and prepare research
20related to but not limited to the following: risk assessments,
21recidivism, and probate and parole violations.
22The bill requires the commission to review the costs
23associated with the implementation of new or amended criminal
24code provisions, including costs to the judicial branch,
25department of corrections, and judicial district departments
26of correctional services, costs for representing indigent
27defendants, and costs incurred by political subdivisions of the
28state.
29The bill transfers duties relating to the study of
30recidivism and the review of costs associated with the
31implementation of criminal code provisions from the public
32safety advisory board established in Code section 216A.133 to
33the commission.
34The bill also permits the commission to call upon any
35department, agency, or office of the state, or any political
-4-1subdivision of the state for assistance in the performance of
2any of the duties of the commission.
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2BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 216A.131, Code 2017, is amended by adding
2the following new subsection:
3 NEW SUBSECTION. 2A. “Commission” means the criminal
4sentencing commission.
5 Sec. 2. Section 216A.133A, subsection 2, Code 2017, is
6amended by striking the subsection.
7 Sec. 3. Section 216A.133A, subsection 3, paragraph a,
8subparagraphs (6) and (7), Code 2017, are amended by striking
9the subparagraphs.
10 Sec. 4. NEW SECTION. 216A.140A Criminal sentencing
11commission.
121. a. A criminal sentencing commission is established
13within the division. The commission shall consist of the
14following nine voting members:
15(1) The chief justice of the supreme court or the chief
16justice’s designee.
17(2) One judge of the court of appeals appointed by the chief
18judge of the court of appeals.
19(3) One district judge appointed by the judicial council.
20(4) One county attorney appointed by the governor upon
21recommendation by the Iowa county attorneys association.
22(5) One public defender appointed by the governor upon the
23recommendation by the state public defender.
24(6) One probation or parole officer appointed by the
25governor.
26(7) Three members of the public appointed by the governor,
27one of whom shall be a victim of a crime classified as a felony.
28b. The commission shall include two members of the general
29assembly who shall serve as ex officio, nonvoting members. The
30legislative members shall be appointed as follows:
31(1) One member of the senate appointed by the majority
32leader of the senate.
33(2) One member of the house of representatives appointed by
34the speaker of the house of representatives.
352. Notwithstanding section 7E.6, nonlegislative members
-1-1shall only receive reimbursement for actual expenses for
2performance of their official duties as members of the
3commission. Members of the general assembly shall not receive
4a per diem but shall receive reimbursement for necessary travel
5and actual expenses incurred in the performance of their
6official duties.
73. a. The initial term of a member appointed by the
8governor pursuant to subsection 1, paragraph “a”, subparagraphs
9(4), (5), and (6), shall be four years, and after the initial
10term has been served, the appointment shall be for a term of
11four years.
12b. The initial term of a member appointed by the governor
13pursuant to subsection 1, paragraph “a”, subparagraph (7),
14shall be two years, and after the initial term has been served,
15the appointment shall be for a term of four years.
164. One nonlegislative member shall be designated by the
17governor as the chairperson.
185. The commission may act or make recommendations only
19upon a vote of a majority of the voting membership of the
20commission.
216. a. The commission shall be charged with developing,
22implementing, and administering felony sentencing guidelines
23for use by the courts throughout the state.
24b. The sentencing guidelines shall be discretionary but
25shall provide a judge with a range of recommended sentencing
26options.
277. The commission shall develop and conduct sentencing
28guideline education seminars and prepare research related but
29not limited to the following:
30a. Risk assessments.
31b. Recidivism.
32c. Probation and parole violations.
338. The commission shall review the costs associated with
34the implementation of new or amended criminal code provisions,
35including costs to the judicial branch, department of
-2-1corrections, and judicial district departments of correctional
2services, costs for representing indigent defendants, and costs
3incurred by political subdivisions of the state.
49. The commission may call upon any department, agency, or
5office of the state, or any political subdivision of the state,
6for information or assistance as needed in the performance of
7its duties. The information or assistance shall be furnished
8to the extent that it is within the resources and authority
9of the department, agency, office, or political subdivision.
10This section does not require the production or opening of
11any records which are required by law to be kept private or
12confidential.
13EXPLANATION
14The inclusion of this explanation does not constitute agreement with
15the explanation’s substance by the members of the general assembly.
16This bill establishes a criminal sentencing commission.
17The membership of the criminal sentencing commission shall
18consist of the following nine voting members: the chief
19justice of the supreme court or the chief justice’s designee;
20one judge of the court of appeals appointed by the chief
21judge of the court of appeals; one district judge appointed
22by the judicial council; one county attorney appointed by the
23governor upon recommendation by the Iowa county attorneys
24association; one public defender appointed by the governor upon
25recommendation by the state public defender; one probation or
26parole officer appointed by the governor; and three members
27of the public appointed by the governor, one of whom shall be
28a victim of a crime classified as a felony. The commission
29shall include two members of the general assembly who shall
30serve as ex officio, nonvoting members, and who shall be
31appointed as follows: one member of the senate appointed by
32the majority leader of the senate, and one member of the house
33of representatives appointed by the speaker of the house of
34representatives. The bill provides that the initial term of
35members appointed by the governor shall be staggered, and after
-3-1the initial term has been served, the appointment shall be for
2a term of four years.
3The bill provides that nonlegislative members shall only
4receive reimbursement for actual expenses for performance
5of their official duties as members of the commission.
6Legislative members shall not receive a per diem under the
7bill, but legislative members shall receive reimbursement
8for necessary travel and actual expenses incurred in the
9performance of their official duties.
10The bill specifies that a nonlegislative member of
11the commission shall be designated by the governor as the
12chairperson.
13The bill provides that the commission shall be charged with
14developing, implementing, and administering felony sentencing
15guidelines for use by the courts throughout the state. The
16sentencing guidelines shall be discretionary but shall provide
17a judge with a range of recommended sentencing options.
18The bill requires the commission to develop and conduct
19sentencing guideline education seminars and prepare research
20related to but not limited to the following: risk assessments,
21recidivism, and probate and parole violations.
22The bill requires the commission to review the costs
23associated with the implementation of new or amended criminal
24code provisions, including costs to the judicial branch,
25department of corrections, and judicial district departments
26of correctional services, costs for representing indigent
27defendants, and costs incurred by political subdivisions of the
28state.
29The bill transfers duties relating to the study of
30recidivism and the review of costs associated with the
31implementation of criminal code provisions from the public
32safety advisory board established in Code section 216A.133 to
33the commission.
34The bill also permits the commission to call upon any
35department, agency, or office of the state, or any political
-4-1subdivision of the state for assistance in the performance of
2any of the duties of the commission.
-5-jm/rj