Bill Text: IA SSB3060 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to the commission of a parole violation or a criminal offense while on parole.
Spectrum: Committee Bill
Status: (N/A - Dead) 2018-02-01 - Subcommittee recommends passage. [SSB3060 Detail]
Download: Iowa-2017-SSB3060-Introduced.html
Senate
Study
Bill
3060
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
BOARD
OF
PAROLE
BILL)
A
BILL
FOR
An
Act
relating
to
the
commission
of
a
parole
violation
or
a
1
criminal
offense
while
on
parole.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
908.1,
Code
2018,
is
amended
to
read
as
1
follows:
2
908.1
Arrest
of
alleged
parole
violator
——
newly
discovered
3
evidence.
4
A
parole
officer
having
probable
cause
to
believe
that
5
any
person
released
on
parole
has
violated
the
parole
plan
6
or
the
conditions
of
parole
may
arrest
such
person,
or
the
7
parole
officer
may
make
a
complaint
before
a
magistrate
in
the
8
judicial
district
in
which
the
person
is
being
supervised
,
9
charging
such
violation,
and
if
it
appears
from
such
complaint,
10
or
from
affidavits
filed
with
it,
that
there
is
probable
cause
11
to
believe
that
such
person
has
violated
the
parole
plan
or
12
the
terms
of
parole,
the
magistrate
shall
issue
a
warrant
for
13
the
arrest
of
such
person.
If
a
parole
officer
has
newly
14
discovered
evidence
which
indicates
that
a
person
released
on
15
parole
should
not
have
been
granted
parole
originally,
the
16
parole
officer
shall
present
the
evidence
to
the
board
of
17
parole
and
the
board
may
issue
an
order
to
rescind
the
parole.
18
Sec.
2.
Section
908.10,
unnumbered
paragraph
1,
Code
2018,
19
is
amended
to
read
as
follows:
20
When
a
person
is
convicted
and
sentenced
to
incarceration
21
in
this
state
for
a
felony
committed
while
on
parole,
or
is
22
convicted
and
sentenced
to
incarceration
under
the
laws
of
in
23
any
other
state
of
the
United
States
or
a
foreign
government
or
24
country
for
an
offense
committed
while
on
parole,
and
which
if
25
committed
in
this
state
would
be
a
felony,
the
person’s
parole
26
shall
be
deemed
revoked
as
of
the
date
of
the
commission
of
the
27
new
felony
offense.
28
Sec.
3.
Section
908.10A,
unnumbered
paragraph
1,
Code
2018,
29
is
amended
to
read
as
follows:
30
When
a
person
is
convicted
and
sentenced
to
incarceration
31
in
a
state
correctional
institution
in
this
state
for
an
32
aggravated
misdemeanor
committed
while
on
parole,
or
is
33
convicted
and
sentenced
to
incarceration
under
the
laws
of
in
34
any
other
state
of
the
United
States
or
a
foreign
government
or
35
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country
for
an
offense
committed
while
on
parole,
and
which
if
1
committed
in
this
state
would
be
an
aggravated
misdemeanor,
the
2
person’s
parole
shall
be
deemed
revoked
as
of
the
date
of
the
3
commission
of
the
new
aggravated
misdemeanor
offense.
4
Sec.
4.
REPEAL.
Section
908.7,
Code
2018,
is
repealed.
5
EXPLANATION
6
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
7
the
explanation’s
substance
by
the
members
of
the
general
assembly.
8
This
bill
relates
to
the
commission
of
a
parole
violation
or
9
criminal
offense
while
on
parole.
10
Under
the
bill,
a
parole
officer
having
probable
cause
11
to
believe
that
a
person
released
on
parole
has
violated
12
the
parole
plan
or
the
conditions
of
parole
may
arrest
such
13
person,
or
the
parole
officer
may
make
a
complaint
before
a
14
magistrate
in
the
judicial
district
in
which
the
person
is
15
being
supervised,
and
if
probable
cause
exists,
the
magistrate
16
may
issue
a
warrant
for
the
person’s
arrest.
17
Current
law
specifies
that
if
a
person
is
convicted
and
18
sentenced
to
incarceration
under
the
laws
of
any
other
state
19
of
the
United
States
or
a
foreign
government
or
country
for
an
20
offense
committed
while
on
parole,
and
which
if
committed
in
21
this
state
would
be
an
aggravated
misdemeanor
or
felony,
the
22
person’s
parole
shall
be
revoked.
The
bill
strikes
references
23
to
“under
the
laws
of
any
other
state”
and
references
to
24
“foreign
government”
in
both
Code
sections
908.10
and
908.10A,
25
thus
providing
that
if
a
person
is
convicted
and
sentenced
26
to
incarceration
in
any
other
state
of
the
United
States
or
27
a
foreign
country
for
an
offense
committed
while
on
parole,
28
and
which
if
committed
in
this
state
would
be
an
aggravated
29
misdemeanor
or
felony,
the
person’s
parole
shall
be
revoked.
30
The
bill
repeals
Code
section
908.7,
which
allows
an
alleged
31
parole
violator
to
waive
the
parole
revocation
hearing.
32
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