Iowa-2011-HF2277-Introduced

H.F. 2277 Section 1. Section 124.401E, subsection 3, Code Supplement 1 2011, is amended to read as follows: 2 3. If a court sentences a person for the person’s second or 3 subsequent conviction for delivery or possession with intent 4 to deliver a controlled substance under section 124.401, 5 subsection 1 , and the controlled substance is amphetamine, its 6 salts, isomers, or salts of its isomers, or methamphetamine, 7 its salts, isomers, or salts of its isomers, the court, in 8 addition to any other authorized penalties, shall sentence the 9 person to imprisonment in accordance with section 124.401, 10 subsection 1 , and the person shall serve the minimum period of 11 confinement as required by section 124.413 . 12 Sec. 2. Section 124.406, subsection 1, paragraph a, Code 13 2011, is amended to read as follows: 14 a. Unlawfully distributes or possesses with intent to 15 distribute a substance listed in schedule I or II to a person 16 under eighteen years of age commits a class “B” felony and 17 shall serve a minimum term of confinement of five years . 18 However, if the substance was distributed in or on, or within 19 one thousand feet of, the real property comprising a public or 20 private elementary or secondary school, public park, public 21 swimming pool, public recreation center, or on a marked school 22 bus, the person shall serve a minimum term of confinement of 23 ten years. 24 Sec. 3. Section 124.406, subsection 2, paragraph a, Code 25 2011, is amended to read as follows: 26 a. Unlawfully distributes or possesses with the intent to 27 distribute a counterfeit substance listed in schedule I or 28 II, or a simulated controlled substance represented to be a 29 substance classified in schedule I or II, to a person under 30 eighteen years of age commits a class “B” felony. However, if 31 the substance was distributed in or on, or within one thousand 32 feet of, the real property comprising a public or private 33 elementary or secondary school, public park, public swimming 34 pool, public recreation center, or on a marked school bus, the 35 -1- LSB 5538YH (3) 84 jm/rj 1/ 8

H.F. 2277 person shall serve a minimum term of confinement of ten years. 1 Sec. 4. Section 232.45, subsection 14, paragraph a, Code 2 2011, is amended to read as follows: 3 a. If a child who is alleged to have delivered, 4 manufactured, or possessed with intent to deliver or 5 manufacture, a controlled substance except marijuana, as 6 defined in chapter 124 , is waived to district court for 7 prosecution, the mandatory minimum sentence provided in section 8 124.413 shall not be imposed if a conviction is had; however, 9 each child convicted of such an offense shall be confined for 10 not less than thirty days in a secure facility. 11 Sec. 5. Section 901.5, subsection 2, Code Supplement 2011, 12 is amended to read as follows: 13 2. If the defendant is not an habitual offender as defined 14 by section 902.8 , the The court may pronounce judgment and 15 impose a fine. 16 Sec. 6. NEW SECTION . 901.11 Criminal provisions —— 17 application to 2011 Code and Code Supplement. 18 The portions of sections 124.401E, 124.406, 232.45, 901.5, 19 903A.2, 903A.5, 903A.7, 905.6, 906.4, and 906.15, as amended by 20 this Act, and sections 124.413, 821.4, 901.10, 902.7, 902.8, 21 902.8A, 902.11, 902.12, and 905.11, as repealed by this Act, 22 as the portions of those sections and those sections appear in 23 the 2011 Code and Code Supplement, remain effective for inmates 24 sentenced for offenses committed prior to July 1, 2012. 25 Sec. 7. Section 903A.2, subsection 1, paragraph a, 26 unnumbered paragraph 1, Code Supplement 2011, is amended to 27 read as follows: 28 Category “A” sentences are those sentences for offenses that 29 occurred prior to July 1, 2012, which are not subject to a 30 maximum accumulation of earned time of fifteen percent of the 31 total sentence of confinement under section 902.12 , Code 2011 . 32 To the extent provided in subsection 5 , category “A” sentences 33 also include life sentences imposed under section 902.1 . An 34 inmate of an institution under the control of the department of 35 -2- LSB 5538YH (3) 84 jm/rj 2/ 8

H.F. 2277 corrections who is serving a category “A” sentence is eligible 1 for a reduction of sentence equal to one and two-tenths 2 days for each day the inmate demonstrates good conduct and 3 satisfactorily participates in any program or placement status 4 identified by the director to earn the reduction. The programs 5 include but are not limited to the following: 6 Sec. 8. Section 903A.2, subsection 1, paragraph b, Code 7 Supplement 2011, is amended to read as follows: 8 b. Category “B” sentences are those sentences for offenses 9 that occurred prior to July 1, 2012, which are subject to 10 a maximum accumulation of earned time of fifteen percent 11 of the total sentence of confinement under section 902.12 , 12 Code 2011 . An inmate of an institution under the control of 13 the department of corrections who is serving a category “B” 14 sentence is eligible for a reduction of sentence equal to 15 fifteen eighty-fifths of a day for each day of good conduct by 16 the inmate. 17 Sec. 9. Section 903A.2, subsection 1, Code Supplement 2011, 18 is amended by adding the following new paragraph: 19 NEW PARAGRAPH . c. Notwithstanding any other provision 20 of law to the contrary, category “C” sentences include all 21 criminal offenses that occur on or after July 1, 2012. A 22 category “C” sentence is subject to a maximum accumulation 23 of earned time of ten percent of the total sentence of 24 confinement. To the extent provided in subsection 5, category 25 “C” sentences also include life sentences imposed under section 26 902.1. An inmate of an institution under the control of 27 the department of corrections who is serving a category “C” 28 sentence is eligible for a reduction of sentence equal to 29 one-fifteenth of a day for each day of good conduct by the 30 inmate. 31 Sec. 10. Section 903A.5, subsection 1, Code Supplement 32 2011, is amended to read as follows: 33 1. An inmate shall not be discharged from the custody 34 of the director of the Iowa department of corrections until 35 -3- LSB 5538YH (3) 84 jm/rj 3/ 8

H.F. 2277 the inmate has served the full term for which the inmate was 1 sentenced, less earned time and other credits earned and not 2 forfeited, unless the inmate is pardoned or otherwise legally 3 released. Earned time accrued and not forfeited shall apply 4 to reduce a mandatory minimum sentence being served pursuant 5 to section 124.406 , 124.413 , 902.7 , 902.8 , 902.8A , or 902.11 . 6 An inmate shall be deemed to be serving the sentence from the 7 day on which the inmate is received into the institution. If 8 an inmate was confined to a county jail, municipal holding 9 facility, or other correctional or mental facility at any time 10 prior to sentencing, or after sentencing but prior to the case 11 having been decided on appeal, because of failure to furnish 12 bail or because of being charged with a nonbailable offense, 13 the inmate shall be given credit for the days already served 14 upon the term of the sentence. However, if a person commits 15 any offense while confined in a county jail, municipal holding 16 facility, or other correctional or mental health facility, 17 the person shall not be granted credit for that offense. 18 Unless the inmate was confined in a correctional facility, the 19 sheriff of the county in which the inmate was confined or the 20 officer in charge of the municipal holding facility in which 21 the inmate was confined shall certify to the clerk of the 22 district court from which the inmate was sentenced and to the 23 department of corrections’ records administrator at the Iowa 24 medical and classification center the number of days so served. 25 The department of corrections’ records administrator, or the 26 administrator’s designee, shall apply credit as ordered by the 27 court of proper jurisdiction or as authorized by this section 28 and section 907.3, subsection 3 . 29 Sec. 11. Section 903A.7, Code 2011, is amended to read as 30 follows: 31 903A.7 Separate sentences. 32 1. Consecutive multiple sentences that are within the 33 same category under section 903A.2 shall be construed as one 34 continuous sentence for purposes of calculating reductions 35 -4- LSB 5538YH (3) 84 jm/rj 4/ 8

H.F. 2277 of sentence for earned time. If a person is sentenced to 1 serve sentences of both categories, category “B” sentences 2 shall be served before category “A” sentences are served, 3 and earned time accrued against the category “B” sentences 4 shall not be used to reduce the category “A” sentences. If an 5 inmate serving a category “A” sentence is sentenced to serve 6 a category “B” sentence, the category “A” sentence shall be 7 interrupted, and no further earned time shall accrue against 8 that sentence until the category “B” sentence is completed. 9 2. If an inmate is sentenced to serve a category “C” 10 sentence while also serving a category “A” or category “B” 11 sentence, the category “A” or category “B” sentence shall be 12 interrupted, and no further earned time shall accrue against 13 that sentence until the category “C” sentence is completed. 14 Earned time accrued against a category “C” sentence shall not 15 be used to reduce a category “A” or category “B” sentence. 16 Sec. 12. Section 905.6, subsection 9, Code 2011, is amended 17 by striking the subsection. 18 Sec. 13. Section 906.4, subsection 2, paragraph a, Code 19 2011, is amended by striking the paragraph. 20 Sec. 14. Section 906.15, unnumbered paragraph 1, Code 2011, 21 is amended to read as follows: 22 Unless sooner discharged, a person released on parole shall 23 be discharged when the person’s term of parole equals the 24 period of imprisonment specified in the person’s sentence, 25 less all time served in confinement. Discharge from parole 26 may be granted prior to such time, when an early discharge is 27 appropriate. The board shall periodically review all paroles, 28 and when the board determines that any person on parole is able 29 and willing to fulfill the obligations of a law-abiding citizen 30 without further supervision, the board shall discharge the 31 person from parole. A parole officer shall periodically review 32 all paroles assigned to the parole officer, and when the parole 33 officer determines that any person assigned to the officer is 34 able and willing to fulfill the obligations of a law-abiding 35 -5- LSB 5538YH (3) 84 jm/rj 5/ 8

H.F. 2277 citizen without further supervision, the officer may discharge 1 the person from parole after notification and approval of the 2 district director and notification of the board of parole. In 3 any event, discharge from parole shall terminate the person’s 4 sentence. If a person has been sentenced to a special sentence 5 under section 903B.1 or 903B.2 , the person may be discharged 6 early from the sentence in the same manner as any other person 7 on parole. However, a person convicted of a violation of 8 section 709.3 , 709.4 , or 709.8 committed on or with a child, or 9 a person serving a sentence under section 902.12 , shall not be 10 discharged from parole until the person’s term of parole equals 11 the period of imprisonment specified in the person’s sentence, 12 less all time served in confinement. 13 Sec. 15. REPEAL. Sections 124.413, 821.4, 901.10, 902.7, 14 902.8, 902.8A, 902.11, 902.12, and 905.11, Code 2011, are 15 repealed. 16 EXPLANATION 17 This bill relates to the accrual of earned time credits 18 for inmates committed to the custody of the director of the 19 department of corrections. 20 The bill creates a new sentence category for the purpose 21 of calculating earned time and restricts the current sentence 22 categories (category “A” and category “B” sentences) to those 23 offenses occurring prior to July 1, 2012. The bill requires 24 that all criminal offenses committed on or after July 1, 2012 25 (category “C” sentence), be subject to the maximum accumulation 26 of earned time credits of 10 percent of the total sentence of 27 confinement. 28 An inmate of an institution who is serving a category “C” 29 sentence is eligible for a reduction of the sentence equal to 30 one-fifteenth of a day for each day of good conduct by the 31 inmate. Under current law, a person serving a category “A” 32 sentence is eligible to receive one and two-tenths days for 33 every day of good conduct, and a person serving a category “B” 34 sentence is eligible to receive fifteen eighty-fifths of a day 35 -6- LSB 5538YH (3) 84 jm/rj 6/ 8

H.F. 2277 for each day of good conduct. 1 The bill requires a person who commits a criminal offense 2 on or after July 1, 2012, and is sentenced to a term of 3 confinement to serve at least 90 percent of the term of 4 confinement in prison prior to being eligible for parole. The 5 earned time accrued under a category “C” sentence, like all 6 earned time, reduces the overall length of the sentence before 7 the person is required to be discharged from the sentence; 8 however, the bill limits the maximum accumulation of earned 9 time for a category “C” sentence to 10 percent of the total 10 sentence of confinement. 11 The bill specifies that earned time credits accrued by an 12 inmate serving a category “C” life sentence shall not reduce 13 a life sentence but shall be credited against the inmate’s 14 sentence if the life sentence is commuted to a term of years 15 under Code section 902.2. 16 Under the bill, if an inmate is sentenced to serve a category 17 “C” sentence while also serving a sentence for an offense 18 committed prior to July 1, 2012, the sentence for the prior 19 offense shall be interrupted, and no further earned time shall 20 accrue against that sentence until the category “C” sentence is 21 completed. The bill specifies that earned time accrued against 22 a category “C” sentence shall not be used to reduce a sentence 23 for an offense committed prior to July 1, 2012. 24 The bill strikes numerous mandatory minimum sentences from 25 the Code because the current mandatory minimum sentence would 26 be less than the mandatory length of the sentence prescribed 27 in the bill. 28 The mandatory minimum sentences in Code section 124.406, 29 relating to distribution of controlled substances to minors, 30 are stricken by the bill. 31 The following mandatory minimum sentences and related 32 provisions are also repealed by the bill: Code sections 33 124.413 (controlled substance offenses), 901.10 (reduction 34 of sentences), 902.7 (minimum sentence use of a dangerous 35 -7- LSB 5538YH (3) 84 jm/rj 7/ 8

H.F. 2277 weapon), 902.8 (minimum sentence – habitual offender), 902.8A 1 (minimum sentence for methamphetamines or amphetamines), 902.11 2 (minimum sentence – prior forcible felony), 902.12 (70 percent 3 sentences), and 905.11 (residential facility requirement for 4 70 percent offenders). 5 The bill does not modify any class “A” felony sentence 6 other than for a person convicted of a class “A” felony for 7 an offense committed on or after July 1, 2012, will accrue 8 less earned time than previous class “A” felons. Earned time 9 accrued by a class “A” felon only reduces the sentence if the 10 governor commutes the sentence to a term of years in Code 11 section 902.2. 12 -8- LSB 5538YH (3) 84 jm/rj 8/ 8