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House File 377 - IntroducedA Bill ForAn Act 1relating to criminal sentencing by modifying criminal
2penalties for cocaine base, making inapplicable certain
3provisions relating to mandatory sentences, mandatory
4minimum sentences, limitations on parole and work release,
5and limitations on earned time.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 124.401, subsection 1, paragraph a,
2subparagraph (3), Code 2017, is amended to read as follows:
3(3) More than two hundred fifty grams of a mixture or
4substance described in subparagraph (2) which contains cocaine
5base.
6 Sec. 2. Section 124.401, subsection 1, paragraph b,
7subparagraph (3), Code 2017, is amended to read as follows:
8(3) More than ten fifty grams but not more than two hundred
9 fifty grams of a mixture or substance described in subparagraph
10(2) which contains cocaine base.
11 Sec. 3. Section 124.401, subsection 1, paragraph c,
12subparagraph (3), Code 2017, is amended to read as follows:
13(3) Ten Fifty grams or less of a mixture or substance
14described in subparagraph (2) which contains cocaine base.
15 Sec. 4. Section 124.413, subsection 3, Code 2017, is amended
16to read as follows:
173. A person serving a sentence pursuant to section 124.401,
18subsection 1, paragraph “b” or “c”, shall be denied parole
19or work release, based upon all the pertinent information as
20determined by the court under section 901.11, subsection 1,
21until the person has served between one-half of the minimum
22term of confinement prescribed in subsection 1 and the maximum
23indeterminate sentence prescribed by law, except that a person
24serving a sentence pursuant to section 124.401, subsection
251, paragraph “c”, who does not have a prior forcible felony
26conviction shall not be required to serve a minimum term of
27confinement as prescribed by this section.
28 Sec. 5. NEW SECTION. 901.5C Standard sentence.
291. a. As used in this section, “standard sentence” means
30a sentencing option whereby the court at sentencing allows a
31person to be sentenced within the parameters of the misdemeanor
32or felony offense classification and makes inapplicable other
33provisions, or any combination of such provisions, that would
34otherwise have the effect of mandating a term of confinement,
35lengthening the term of confinement, limiting the accumulation
-1-1of earned time pursuant to section 903A.2, subsection 1,
2paragraph “b”, limiting eligibility for parole or work release,
3or imposing an additional sentence commencing upon completion
4of the underlying sentence pursuant to chapter 903B.
5b. (1) If a person is sentenced to a term of confinement
6under a standard sentence classified as a felony, the term of
7the person’s sentence shall be as provided in section 902.9
8applicable to the classification of the offense.
9(2) If a person is sentenced to a term of confinement under
10a standard sentence classified as a misdemeanor, the term of
11the person’s sentence shall be as provided in section 903.1,
12with the place of confinement as provided in section 903.4.
132. The court may impose a standard sentence if the court
14finds all of the following:
15a. A compelling reason that imposing a sentence other than
16a standard sentence would result in a substantial injustice to
17the defendant.
18b. A sentence other than a standard sentence is not
19necessary for the protection of the public.
203. A standard sentence shall not be imposed for the
21following offenses:
22a. Operating while intoxicated in violation of section
23321J.2.
24b. Any class “A” felony offense.
25c. Murder in the second degree in violation of section
26707.3.
27d. Domestic abuse assault in violation of section 708.2A.
28e. Assault in violation of individual rights in violation of
29section 708.2C, subsection 2, 3, or 4.
30f. Assault while participating in a felony, in violation of
31section 708.3, subsection 1.
32g. Assaults on persons engaged in certain occupations in
33violation of section 708.3A.
34h. Inmate assaults in violation of section 708.3B.
35i. Willful injury in violation of section 708.4.
-2- 1j. Administering harmful substances in violation of section
2708.5.
3k. Intimidation with a dangerous weapon in violation of
4section 708.6.
5l. Harassment in violation of section 708.7, subsection 2.
6m. Going armed with intent in violation of section 708.8.
7n. Hazing in violation of section 708.10, subsection 3.
8o. Stalking in violation of section 708.11, subsection 3,
9paragraph “a” or “b”.
10p. Removal of an officer’s communication or control device
11in violation of section 708.12.
12q. Disarming a peace officer of a dangerous weapon in
13violation of section 708.13.
14r. A violation of chapter 708A.
15s. A violation of section 708B.1.
16t. A violation of chapter 709, except a violation of
17section 709.4, subsection 1, paragraph “b”, subparagraph (3),
18subparagraph division (d).
19u. Kidnapping in the second degree in violation of section
20710.3.
21v. Child stealing in violation of section 710.5.
22w. Enticing a minor in violation of section 710.10,
23subsection 1, 2, or 3.
24x. Purchase or sale of individual in violation of section
25710.11.
26y. A violation of chapter 710A.
27z. Robbery in the first degree in violation of section
28711.2.
29aa. Extortion in violation of section 711.4, subsection 1,
30paragraph “a”.
31ab. Arson in the first degree in violation of section 712.2.
32ac. Threats in violation of section 712.8.
33ad. Burglary in the first degree in violation of section
34713.3.
35ae. Attempted burglary in the first degree in violation of
-3-1section 713.4.
2af. Prostitution in violation of section 725.1, subsection
32, paragraph “b”.
4ag. Pimping in violation of section 725.2, subsection 2.
5ah. Pandering in violation of section 725.3, subsection 2.
6ai. Incest in violation of section 726.2.
7aj. Child endangerment in violation of section 726.6,
8subsection 4, 5, or 6.
9ak. Multiple acts of child endangerment in violation of
10section 726.6A.
11al. Wanton neglect of a resident of a health care facility
12in violation of section 726.7.
13am. Wanton neglect or nonsupport of a dependent adult in
14violation of section 726.8.
15an. A violation of section 728.12.
16ao. Violation of individual rights in violation of section
17729A.2.
184. If a person commits an offense that requires the person
19to register as a sex offender under chapter 692A, a standard
20sentence shall not change the requirement to register or change
21the duration of registration. However, if the person is no
22longer required to serve a special sentence under chapter 903B
23due to the imposition of a standard sentence, the duration of
24registration shall not be less than the period specified in
25section 692A.106, subsection 1.
26 Sec. 6. Section 901.11, Code 2017, is amended by adding the
27following new subsection:
28 NEW SUBSECTION. 4. At the time of sentencing, the court
29shall determine when a person convicted of robbery in the first
30degree as described in section 902.12, subsection 4, shall
31first become eligible for parole or work release within the
32parameters specified in section 902.12, subsection 4, based
33upon all pertinent information including the person’s criminal
34record, a validated risk assessment, and the negative impact
35the offense has had on the victim or other persons.
-4-1 Sec. 7. Section 901.12, Code 2017, is amended by adding the
2following new subsection:
3 NEW SUBSECTION. 1A. Effective July 1, 2017, and
4notwithstanding section 124.413, a person whose sentence
5commenced prior to July 1, 2017, for a conviction under section
6124.401, subsection 1, paragraph “c”, who has not previously
7been convicted of a forcible felony, and who does not have a
8prior conviction under section 124.401, subsection 1, paragraph
9“a”, “b”, or “c”, shall not be required to serve a minimum term
10of confinement as prescribed by this section.
11 Sec. 8. NEW SECTION. 901.13 Minimum sentence — parole or
12work release eligibility — robbery in the first degree.
131. Effective July 1, 2017, a person whose sentence commenced
14prior to July 1, 2017, for a conviction under section 711.2,
15who has not previously been convicted of a forcible felony,
16shall first be eligible for parole or work release after the
17person has served one-half of the minimum term of confinement
18prescribed in section 902.12.
19 Sec. 9. Section 902.12, Code 2017, is amended by adding the
20following new subsection:
21 NEW SUBSECTION. 4. A person serving a sentence for a
22conviction for robbery in the first degree in violation of
23section 711.2 for a conviction that occurs on or after July 1,
242017, shall be denied parole or work release until the person
25has served between one-half and seven-tenths of the maximum
26term of the person’s sentence as determined under section
27901.11, subsection 4.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31This bill relates to criminal sentencing by modifying
32criminal penalties for cocaine base, making inapplicable
33certain provisions relating to mandatory sentences, mandatory
34minimum sentences, limitations on parole and work release, and
35limitations on earned time.
-5- 1COCAINE BASE. The bill increases the amounts of controlled
2substances containing cocaine base (crack cocaine) that
3determine the criminal penalty for certain offenses. Under
4the bill, if a person unlawfully manufactures, delivers,
5or possesses with the intent to manufacture or deliver a
6controlled substance containing cocaine base, or unlawfully
7acts with, enters into a common scheme or design with, or
8conspires with one or more persons to manufacture, deliver,
9or possess with the intent to manufacture or deliver such
10a controlled substance, the person commits the following
11offenses: a class “B” felony punishable by confinement of no
12more than 50 years and a fine of not more than $1 million if the
13controlled substance containing cocaine base is more than 250
14grams rather than the current more than 50 grams; a class “B”
15felony punishable by confinement of no more than 25 years and a
16fine of not less than $5,000 but not more than $100,000 if the
17controlled substance is more than 50 grams but not more than
18250 grams rather than the current more than 10 but not more
19than 50 grams; or a class “C” felony punishable by a fine of not
20less than $1,000 but not more than $50,000 if the controlled
21substance containing cocaine base is 50 grams or less rather
22than the current 10 grams or less.
23CERTAIN DRUG OFFENSE SENTENCES THAT COMMENCED PRIOR TO JULY
241, 2017. Effective July 1, 2017, the bill provides that a
25person whose sentence commenced prior to July 1, 2017, for a
26conviction under Code section 124.401(1)(c) (class “C” felony
27small quantity, drug manufacturing, delivery, or possession
28with intent to manufacture or deliver offenses), who has not
29been previously convicted of a forcible felony, and who does
30not have a prior conviction under Code section 124.401(1)(a),
31(b), or (c), shall not be required to serve a minimum term of
32confinement as prescribed by Code section 124.413.
33CERTAIN DRUG OFFENSE SENTENCES BEING SERVED ON OR AFTER JULY
341, 2017. A person serving a sentence for a conviction under
35Code section 124.401(1)(c) (class “C” felony, small quantity,
-6-1drug manufacturing, delivery, or possession with intent to
2manufacture or deliver), shall not be required to serve a
3minimum term of confinement as prescribed by Code section
4124.413, if the person has not previously been convicted of a
5forcible felony.
6STANDARD SENTENCE. As used in the bill, “standard sentence”
7means a sentencing option whereby the court at sentencing
8allows a person to be sentenced within the parameters
9of the misdemeanor or felony offense classification and
10makes inapplicable other provisions, or any combination
11of such provisions, that would otherwise have the effect
12of mandating a term of confinement, lengthening the term
13of confinement, limiting the accumulation of earned time
14pursuant to Code section 903A.2, subsection 1, paragraph “b”,
15limiting eligibility for parole or work release, or imposing
16an additional sentence commencing upon completion of the
17underlying sentence pursuant to Code chapter 903B.
18The court may impose a standard sentence pursuant to the
19bill if the court finds all of the following: a compelling
20reason that imposing a sentence other than a standard sentence
21would result in a substantial injustice to the defendant, and a
22sentence other than a standard sentence is not necessary for
23the protection of the public.
24If a person is sentenced to a term of confinement under
25a standard sentence classified as a felony, the person shall
26be sentenced as provided in Code section 902.9 applicable for
27that felony classification, and if the person is sentenced to a
28term of confinement under a standard sentence classified as a
29misdemeanor, the person shall be sentenced as provided in Code
30section 903.1, and confined as provided in Code section 903.4.
31The bill lists numerous criminal offenses that are not
32eligible for the imposition of a standard sentence.
33The bill provides that if a person commits an offense that
34requires the person to register as a sex offender, a standard
35sentence shall not change the requirement to register or change
-7-1the duration of registration. However, if the person is no
2longer required to serve a special sentence under Code chapter
3903B due to the imposition of a standard sentence, the duration
4of registration shall not be less than the period specified in
5Code section 692A.106(1) which is 10 years.
6ROBBERY IN THE FIRST DEGREE SENTENCES THAT COMMENCED PRIOR
7TO JULY 1, 2017. Effective July 1, 2017, the bill provides
8that a person whose sentence commenced prior to July 1, 2017,
9for a robbery in the first degree conviction under Code section
10711.2, who has not previously been convicted of a forcible
11felony, shall first be eligible for parole or work release
12after the person has served one-half of the minimum term of
13confinement prescribed in Code section 902.12.
14ROBBERY IN THE FIRST DEGREE. The bill provides that an
15offender serving a sentence for a conviction for robbery in
16the first degree for a conviction that occurs on or after July
171, 2017, shall serve between 50 and 70 percent of a 25-year
18class “B” felony sentence. In determining when the person
19first becomes eligible for parole or work release within the
20parameters of 50 and 70 percent of the 25-year sentence,
21the sentencing court shall base its determination upon all
22pertinent information including the person’s criminal record, a
23validated risk assessment, and the negative impact the offense
24has had on the victim or other persons.
-8-jm/rj
2penalties for cocaine base, making inapplicable certain
3provisions relating to mandatory sentences, mandatory
4minimum sentences, limitations on parole and work release,
5and limitations on earned time.
6BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 124.401, subsection 1, paragraph a,
2subparagraph (3), Code 2017, is amended to read as follows:
3(3) More than two hundred fifty grams of a mixture or
4substance described in subparagraph (2) which contains cocaine
5base.
6 Sec. 2. Section 124.401, subsection 1, paragraph b,
7subparagraph (3), Code 2017, is amended to read as follows:
8(3) More than ten fifty grams but not more than two hundred
9 fifty grams of a mixture or substance described in subparagraph
10(2) which contains cocaine base.
11 Sec. 3. Section 124.401, subsection 1, paragraph c,
12subparagraph (3), Code 2017, is amended to read as follows:
13(3) Ten Fifty grams or less of a mixture or substance
14described in subparagraph (2) which contains cocaine base.
15 Sec. 4. Section 124.413, subsection 3, Code 2017, is amended
16to read as follows:
173. A person serving a sentence pursuant to section 124.401,
18subsection 1, paragraph “b” or “c”, shall be denied parole
19or work release, based upon all the pertinent information as
20determined by the court under section 901.11, subsection 1,
21until the person has served between one-half of the minimum
22term of confinement prescribed in subsection 1 and the maximum
23indeterminate sentence prescribed by law, except that a person
24serving a sentence pursuant to section 124.401, subsection
251, paragraph “c”, who does not have a prior forcible felony
26conviction shall not be required to serve a minimum term of
27confinement as prescribed by this section.
28 Sec. 5. NEW SECTION. 901.5C Standard sentence.
291. a. As used in this section, “standard sentence” means
30a sentencing option whereby the court at sentencing allows a
31person to be sentenced within the parameters of the misdemeanor
32or felony offense classification and makes inapplicable other
33provisions, or any combination of such provisions, that would
34otherwise have the effect of mandating a term of confinement,
35lengthening the term of confinement, limiting the accumulation
-1-1of earned time pursuant to section 903A.2, subsection 1,
2paragraph “b”, limiting eligibility for parole or work release,
3or imposing an additional sentence commencing upon completion
4of the underlying sentence pursuant to chapter 903B.
5b. (1) If a person is sentenced to a term of confinement
6under a standard sentence classified as a felony, the term of
7the person’s sentence shall be as provided in section 902.9
8applicable to the classification of the offense.
9(2) If a person is sentenced to a term of confinement under
10a standard sentence classified as a misdemeanor, the term of
11the person’s sentence shall be as provided in section 903.1,
12with the place of confinement as provided in section 903.4.
132. The court may impose a standard sentence if the court
14finds all of the following:
15a. A compelling reason that imposing a sentence other than
16a standard sentence would result in a substantial injustice to
17the defendant.
18b. A sentence other than a standard sentence is not
19necessary for the protection of the public.
203. A standard sentence shall not be imposed for the
21following offenses:
22a. Operating while intoxicated in violation of section
23321J.2.
24b. Any class “A” felony offense.
25c. Murder in the second degree in violation of section
26707.3.
27d. Domestic abuse assault in violation of section 708.2A.
28e. Assault in violation of individual rights in violation of
29section 708.2C, subsection 2, 3, or 4.
30f. Assault while participating in a felony, in violation of
31section 708.3, subsection 1.
32g. Assaults on persons engaged in certain occupations in
33violation of section 708.3A.
34h. Inmate assaults in violation of section 708.3B.
35i. Willful injury in violation of section 708.4.
-2- 1j. Administering harmful substances in violation of section
2708.5.
3k. Intimidation with a dangerous weapon in violation of
4section 708.6.
5l. Harassment in violation of section 708.7, subsection 2.
6m. Going armed with intent in violation of section 708.8.
7n. Hazing in violation of section 708.10, subsection 3.
8o. Stalking in violation of section 708.11, subsection 3,
9paragraph “a” or “b”.
10p. Removal of an officer’s communication or control device
11in violation of section 708.12.
12q. Disarming a peace officer of a dangerous weapon in
13violation of section 708.13.
14r. A violation of chapter 708A.
15s. A violation of section 708B.1.
16t. A violation of chapter 709, except a violation of
17section 709.4, subsection 1, paragraph “b”, subparagraph (3),
18subparagraph division (d).
19u. Kidnapping in the second degree in violation of section
20710.3.
21v. Child stealing in violation of section 710.5.
22w. Enticing a minor in violation of section 710.10,
23subsection 1, 2, or 3.
24x. Purchase or sale of individual in violation of section
25710.11.
26y. A violation of chapter 710A.
27z. Robbery in the first degree in violation of section
28711.2.
29aa. Extortion in violation of section 711.4, subsection 1,
30paragraph “a”.
31ab. Arson in the first degree in violation of section 712.2.
32ac. Threats in violation of section 712.8.
33ad. Burglary in the first degree in violation of section
34713.3.
35ae. Attempted burglary in the first degree in violation of
-3-1section 713.4.
2af. Prostitution in violation of section 725.1, subsection
32, paragraph “b”.
4ag. Pimping in violation of section 725.2, subsection 2.
5ah. Pandering in violation of section 725.3, subsection 2.
6ai. Incest in violation of section 726.2.
7aj. Child endangerment in violation of section 726.6,
8subsection 4, 5, or 6.
9ak. Multiple acts of child endangerment in violation of
10section 726.6A.
11al. Wanton neglect of a resident of a health care facility
12in violation of section 726.7.
13am. Wanton neglect or nonsupport of a dependent adult in
14violation of section 726.8.
15an. A violation of section 728.12.
16ao. Violation of individual rights in violation of section
17729A.2.
184. If a person commits an offense that requires the person
19to register as a sex offender under chapter 692A, a standard
20sentence shall not change the requirement to register or change
21the duration of registration. However, if the person is no
22longer required to serve a special sentence under chapter 903B
23due to the imposition of a standard sentence, the duration of
24registration shall not be less than the period specified in
25section 692A.106, subsection 1.
26 Sec. 6. Section 901.11, Code 2017, is amended by adding the
27following new subsection:
28 NEW SUBSECTION. 4. At the time of sentencing, the court
29shall determine when a person convicted of robbery in the first
30degree as described in section 902.12, subsection 4, shall
31first become eligible for parole or work release within the
32parameters specified in section 902.12, subsection 4, based
33upon all pertinent information including the person’s criminal
34record, a validated risk assessment, and the negative impact
35the offense has had on the victim or other persons.
-4-1 Sec. 7. Section 901.12, Code 2017, is amended by adding the
2following new subsection:
3 NEW SUBSECTION. 1A. Effective July 1, 2017, and
4notwithstanding section 124.413, a person whose sentence
5commenced prior to July 1, 2017, for a conviction under section
6124.401, subsection 1, paragraph “c”, who has not previously
7been convicted of a forcible felony, and who does not have a
8prior conviction under section 124.401, subsection 1, paragraph
9“a”, “b”, or “c”, shall not be required to serve a minimum term
10of confinement as prescribed by this section.
11 Sec. 8. NEW SECTION. 901.13 Minimum sentence — parole or
12work release eligibility — robbery in the first degree.
131. Effective July 1, 2017, a person whose sentence commenced
14prior to July 1, 2017, for a conviction under section 711.2,
15who has not previously been convicted of a forcible felony,
16shall first be eligible for parole or work release after the
17person has served one-half of the minimum term of confinement
18prescribed in section 902.12.
19 Sec. 9. Section 902.12, Code 2017, is amended by adding the
20following new subsection:
21 NEW SUBSECTION. 4. A person serving a sentence for a
22conviction for robbery in the first degree in violation of
23section 711.2 for a conviction that occurs on or after July 1,
242017, shall be denied parole or work release until the person
25has served between one-half and seven-tenths of the maximum
26term of the person’s sentence as determined under section
27901.11, subsection 4.
28EXPLANATION
29The inclusion of this explanation does not constitute agreement with
30the explanation’s substance by the members of the general assembly.
31This bill relates to criminal sentencing by modifying
32criminal penalties for cocaine base, making inapplicable
33certain provisions relating to mandatory sentences, mandatory
34minimum sentences, limitations on parole and work release, and
35limitations on earned time.
-5- 1COCAINE BASE. The bill increases the amounts of controlled
2substances containing cocaine base (crack cocaine) that
3determine the criminal penalty for certain offenses. Under
4the bill, if a person unlawfully manufactures, delivers,
5or possesses with the intent to manufacture or deliver a
6controlled substance containing cocaine base, or unlawfully
7acts with, enters into a common scheme or design with, or
8conspires with one or more persons to manufacture, deliver,
9or possess with the intent to manufacture or deliver such
10a controlled substance, the person commits the following
11offenses: a class “B” felony punishable by confinement of no
12more than 50 years and a fine of not more than $1 million if the
13controlled substance containing cocaine base is more than 250
14grams rather than the current more than 50 grams; a class “B”
15felony punishable by confinement of no more than 25 years and a
16fine of not less than $5,000 but not more than $100,000 if the
17controlled substance is more than 50 grams but not more than
18250 grams rather than the current more than 10 but not more
19than 50 grams; or a class “C” felony punishable by a fine of not
20less than $1,000 but not more than $50,000 if the controlled
21substance containing cocaine base is 50 grams or less rather
22than the current 10 grams or less.
23CERTAIN DRUG OFFENSE SENTENCES THAT COMMENCED PRIOR TO JULY
241, 2017. Effective July 1, 2017, the bill provides that a
25person whose sentence commenced prior to July 1, 2017, for a
26conviction under Code section 124.401(1)(c) (class “C” felony
27small quantity, drug manufacturing, delivery, or possession
28with intent to manufacture or deliver offenses), who has not
29been previously convicted of a forcible felony, and who does
30not have a prior conviction under Code section 124.401(1)(a),
31(b), or (c), shall not be required to serve a minimum term of
32confinement as prescribed by Code section 124.413.
33CERTAIN DRUG OFFENSE SENTENCES BEING SERVED ON OR AFTER JULY
341, 2017. A person serving a sentence for a conviction under
35Code section 124.401(1)(c) (class “C” felony, small quantity,
-6-1drug manufacturing, delivery, or possession with intent to
2manufacture or deliver), shall not be required to serve a
3minimum term of confinement as prescribed by Code section
4124.413, if the person has not previously been convicted of a
5forcible felony.
6STANDARD SENTENCE. As used in the bill, “standard sentence”
7means a sentencing option whereby the court at sentencing
8allows a person to be sentenced within the parameters
9of the misdemeanor or felony offense classification and
10makes inapplicable other provisions, or any combination
11of such provisions, that would otherwise have the effect
12of mandating a term of confinement, lengthening the term
13of confinement, limiting the accumulation of earned time
14pursuant to Code section 903A.2, subsection 1, paragraph “b”,
15limiting eligibility for parole or work release, or imposing
16an additional sentence commencing upon completion of the
17underlying sentence pursuant to Code chapter 903B.
18The court may impose a standard sentence pursuant to the
19bill if the court finds all of the following: a compelling
20reason that imposing a sentence other than a standard sentence
21would result in a substantial injustice to the defendant, and a
22sentence other than a standard sentence is not necessary for
23the protection of the public.
24If a person is sentenced to a term of confinement under
25a standard sentence classified as a felony, the person shall
26be sentenced as provided in Code section 902.9 applicable for
27that felony classification, and if the person is sentenced to a
28term of confinement under a standard sentence classified as a
29misdemeanor, the person shall be sentenced as provided in Code
30section 903.1, and confined as provided in Code section 903.4.
31The bill lists numerous criminal offenses that are not
32eligible for the imposition of a standard sentence.
33The bill provides that if a person commits an offense that
34requires the person to register as a sex offender, a standard
35sentence shall not change the requirement to register or change
-7-1the duration of registration. However, if the person is no
2longer required to serve a special sentence under Code chapter
3903B due to the imposition of a standard sentence, the duration
4of registration shall not be less than the period specified in
5Code section 692A.106(1) which is 10 years.
6ROBBERY IN THE FIRST DEGREE SENTENCES THAT COMMENCED PRIOR
7TO JULY 1, 2017. Effective July 1, 2017, the bill provides
8that a person whose sentence commenced prior to July 1, 2017,
9for a robbery in the first degree conviction under Code section
10711.2, who has not previously been convicted of a forcible
11felony, shall first be eligible for parole or work release
12after the person has served one-half of the minimum term of
13confinement prescribed in Code section 902.12.
14ROBBERY IN THE FIRST DEGREE. The bill provides that an
15offender serving a sentence for a conviction for robbery in
16the first degree for a conviction that occurs on or after July
171, 2017, shall serve between 50 and 70 percent of a 25-year
18class “B” felony sentence. In determining when the person
19first becomes eligible for parole or work release within the
20parameters of 50 and 70 percent of the 25-year sentence,
21the sentencing court shall base its determination upon all
22pertinent information including the person’s criminal record, a
23validated risk assessment, and the negative impact the offense
24has had on the victim or other persons.
-8-jm/rj