Bill Text: IA HF69 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act modifying earned time for a person who kidnaps a minor and is required to register as a sex offender.
Spectrum: Partisan Bill (Republican 4-0)
Status: (Introduced - Dead) 2015-01-21 - Introduced, referred to Judiciary. H.J. 130. [HF69 Detail]
Download: Iowa-2015-HF69-Introduced.html
House File 69 - Introduced HOUSE FILE BY SHEETS, HEARTSILL, GASSMAN, and FISHER A BILL FOR 1 An Act modifying earned time for a person who kidnaps a minor 2 and is required to register as a sex offender. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1202HH (3) 86 jm/rj PAG LIN 1 1 Section 1. Section 903A.2, subsection 1, paragraph a, 1 2 unnumbered paragraph 1, Code 2015, is amended to read as 1 3 follows: 1 4 Category "A" sentences are those sentences which are not 1 5 subject to a maximum accumulation of earned time of fifteen 1 6 percent of the total sentence of confinement under section 1 7 902.12 or category "C" sentences. To the extent provided 1 8 in subsection 5, category "A" sentences also include life 1 9 sentences imposed under section 902.1. An inmate of an 1 10 institution under the control of the department of corrections 1 11 who is serving a category "A" sentence is eligible for a 1 12 reduction of sentence equal to one and two=tenths days for each 1 13 day the inmate demonstrates good conduct and satisfactorily 1 14 participates in any program or placement status identified by 1 15 the director to earn the reduction. The programs include but 1 16 are not limited to the following: 1 17 Sec. 2. Section 903A.2, subsection 1, paragraph b, Code 1 18 2015, is amended to read as follows: 1 19 b. Category "B" sentences are those sentences which are 1 20 subject to a maximum accumulation of earned time of fifteen 1 21 percent of the total sentence of confinement under section 1 22 902.12 and are not category "C" sentences. An inmate of an 1 23 institution under the control of the department of corrections 1 24 who is serving a category "B" sentence is eligible for a 1 25 reduction of sentence equal to fifteen eighty=fifths of a day 1 26 for each day of good conduct by the inmate. 1 27 Sec. 3. Section 903A.2, subsection 1, Code 2015, is amended 1 28 by adding the following new paragraph: 1 29 NEW PARAGRAPH. c. Notwithstanding paragraphs "a" and "b", 1 30 an inmate serving a category "C" sentence is ineligible to 1 31 earn any reduction of sentence under this section. Category 1 32 "C" sentences are those sentences for kidnapping as defined in 1 33 section 710.1, involving a minor, that requires a person to 1 34 register as a sex offender under chapter 692A. 1 35 Sec. 4. Section 903A.7, Code 2015, is amended to read as 2 1 follows: 2 2 903A.7 Separate sentences. 2 3 1. Consecutive multiple sentences that are within the 2 4 same category under section 903A.2 shall be construed as one 2 5 continuous sentence for purposes of calculating reductions of 2 6 sentence for earned time. 2 7 2. If a person is sentenced to serve sentences of both 2 8 categories, category "B" sentences shall be served before 2 9 category "A" sentences are served, and earned time accrued 2 10 against the category "B" sentences shall not be used to reduce 2 11 the category "A" sentences. If an inmate serving a category 2 12 "A" sentence is sentenced to serve a category "B" sentence, 2 13 the category "A" sentence shall be interrupted, and no further 2 14 earned time shall accrue against that sentence until the 2 15 category "B" sentence is completed. 2 16 3. If a person is sentenced to serve both a category "C" 2 17 sentence and another category sentence, the category "C" 2 18 sentence shall be served before the other category sentence 2 19 is served, and no earned time shall accrue until the category 2 20 "C" sentence has been served. If an inmate serving another 2 21 category sentence besides a category "C" sentence is sentenced 2 22 to serve a category "C" sentence, the sentence of the other 2 23 category sentence shall be interrupted, and no further earned 2 24 time shall accrue against that sentence until the category "C" 2 25 sentence is completed. 2 26 EXPLANATION 2 27 The inclusion of this explanation does not constitute agreement with 2 28 the explanation's substance by the members of the general assembly. 2 29 This bill modifies earned time for persons who kidnap a minor 2 30 and are required to register as a sex offender. 2 31 Under current law there are two sentence categories relating 2 32 to the accrual of earned time. An inmate serving a category 2 33 "A" sentence is eligible for a reduction of sentence equal to 2 34 one and two=tenths days for each day the inmate demonstrates 2 35 good conduct and satisfactorily participates in any program or 3 1 placement status identified by the director of the department 3 2 of corrections to earn the reduction. An inmate serving a 3 3 category "B" sentence under current law is eligible for a 3 4 reduction of sentence equal to fifteen eighty=fifths of a day 3 5 for each day of good conduct by the inmate. 3 6 The bill creates a category "C" sentence for the accrual 3 7 of earned time by eliminating the ability of an inmate to 3 8 accumulate earned time if convicted of kidnapping as defined in 3 9 Code section 710.1, involving a minor, that requires the person 3 10 to register as a sex offender under Code chapter 692A. 3 11 Under the bill, if a person is sentenced to serve both 3 12 a category "C" sentence and another category sentence, the 3 13 category "C" sentence shall be served before the other category 3 14 sentence is served, and no earned time shall accrue until the 3 15 category "C" sentence has been served. The bill also provides 3 16 that if an inmate serving another category sentence besides 3 17 a category "C" sentence is sentenced to serve a category "C" 3 18 sentence, the sentence of the other category sentence shall be 3 19 interrupted, and no further earned time shall accrue against 3 20 that sentence until the category "C" sentence is completed. LSB 1202HH (3) 86 jm/rj
