Bill Text: IA SF78 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to earned time applied to reduce certain mandatory minimum sentences.
Spectrum: Partisan Bill (Democrat 3-0)
Status: (Introduced - Dead) 2023-01-18 - Subcommittee: Dawson, Knox, and Schultz. S.J. 152. [SF78 Detail]
Download: Iowa-2023-SF78-Introduced.html
Senate
File
78
-
Introduced
SENATE
FILE
78
BY
DONAHUE
,
DOTZLER
,
and
CELSI
A
BILL
FOR
An
Act
relating
to
earned
time
applied
to
reduce
certain
1
mandatory
minimum
sentences.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
903A.5,
subsection
1,
Code
2023,
is
1
amended
to
read
as
follows:
2
1.
An
inmate
shall
not
be
discharged
from
the
custody
3
of
the
director
of
the
Iowa
department
of
corrections
until
4
the
inmate
has
served
the
full
term
for
which
the
inmate
was
5
sentenced,
less
earned
time
and
other
credits
earned
and
not
6
forfeited,
unless
the
inmate
is
pardoned
or
otherwise
legally
7
released.
Earned
time
accrued
and
not
forfeited
shall
apply
to
8
reduce
a
mandatory
minimum
sentence
being
served
pursuant
to
9
section
124.406
,
124.413
,
902.7
,
902.8
,
or
902.8A
,
or
902.11
.
10
An
inmate
shall
be
deemed
to
be
serving
the
sentence
from
the
11
day
on
which
the
inmate
is
received
into
the
institution.
If
12
an
inmate
was
confined
to
a
county
jail,
municipal
holding
13
facility,
or
other
correctional
or
mental
facility
at
any
time
14
prior
to
sentencing,
or
after
sentencing
but
prior
to
the
case
15
having
been
decided
on
appeal,
because
of
failure
to
furnish
16
bail
or
because
of
being
charged
with
a
nonbailable
offense,
17
the
inmate
shall
be
given
credit
for
the
days
already
served
18
upon
the
term
of
the
sentence.
However,
if
a
person
commits
19
any
offense
while
confined
in
a
county
jail,
municipal
holding
20
facility,
or
other
correctional
or
mental
health
facility,
21
the
person
shall
not
be
granted
credit
for
that
offense.
22
Unless
the
inmate
was
confined
in
a
correctional
facility,
the
23
sheriff
of
the
county
in
which
the
inmate
was
confined
or
the
24
officer
in
charge
of
the
municipal
holding
facility
in
which
25
the
inmate
was
confined
shall
certify
to
the
clerk
of
the
26
district
court
from
which
the
inmate
was
sentenced
and
to
the
27
department
of
corrections’
records
administrator
at
the
Iowa
28
medical
and
classification
center
the
number
of
days
so
served.
29
The
department
of
corrections’
records
administrator,
or
the
30
administrator’s
designee,
shall
apply
credit
as
ordered
by
the
31
court
of
proper
jurisdiction
or
as
authorized
by
this
section
32
and
section
907.3,
subsection
3
.
33
EXPLANATION
34
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
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the
explanation’s
substance
by
the
members
of
the
general
assembly.
1
This
bill
relates
to
earned
time
applied
to
reduce
certain
2
mandatory
minimum
sentences.
3
Current
law
provides
that
earned
time
accrued
and
not
4
forfeited
shall
apply
to
reduce
a
mandatory
minimum
sentence
5
being
served
pursuant
to
Code
section
124.406
(distribution
of
6
certain
controlled
substances
to
person
under
age
18),
124.413
7
(mandatory
minimum
sentence
for
certain
controlled
substance
8
offenses),
902.7
(minimum
sentence
for
forcible
felony
while
9
possessing
a
dangerous
weapon),
902.8
(minimum
sentence
for
10
habitual
offender),
902.8A
(minimum
sentence
for
conspiring
11
to
manufacture
or
deliver
amphetamine
or
methamphetamine
to
12
a
minor),
or
902.11
(eligibility
of
prior
forcible
felon
for
13
parole
or
work
release).
14
The
bill
amends
current
law
to
provide
that
earned
time
15
accrued
shall
not
apply
to
reduce
a
mandatory
minimum
sentence
16
being
served
for
violations
of
Code
sections
902.7,
902.8,
and
17
902.11.
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