Bill Text: IA HF128 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act establishing a criminal sentencing commission.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-01-26 - Introduced, referred to Judiciary. H.J. 129. [HF128 Detail]
Download: Iowa-2017-HF128-Introduced.html
House File 128 - Introduced HOUSE FILE BY MILLER A BILL FOR 1 An Act establishing a criminal sentencing commission. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 1374YH (3) 87 jm/rj PAG LIN 1 1 Section 1. Section 216A.131, Code 2017, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 2A. "Commission" means the criminal 1 4 sentencing commission. 1 5 Sec. 2. Section 216A.133A, subsection 2, Code 2017, is 1 6 amended by striking the subsection. 1 7 Sec. 3. Section 216A.133A, subsection 3, paragraph a, 1 8 subparagraphs (6) and (7), Code 2017, are amended by striking 1 9 the subparagraphs. 1 10 Sec. 4. NEW SECTION. 216A.140A Criminal sentencing 1 11 commission. 1 12 1. a. A criminal sentencing commission is established 1 13 within the division. The commission shall consist of the 1 14 following nine voting members: 1 15 (1) The chief justice of the supreme court or the chief 1 16 justice's designee. 1 17 (2) One judge of the court of appeals appointed by the chief 1 18 judge of the court of appeals. 1 19 (3) One district judge appointed by the judicial council. 1 20 (4) One county attorney appointed by the governor upon 1 21 recommendation by the Iowa county attorneys association. 1 22 (5) One public defender appointed by the governor upon the 1 23 recommendation by the state public defender. 1 24 (6) One probation or parole officer appointed by the 1 25 governor. 1 26 (7) Three members of the public appointed by the governor, 1 27 one of whom shall be a victim of a crime classified as a felony. 1 28 b. The commission shall include two members of the general 1 29 assembly who shall serve as ex officio, nonvoting members. The 1 30 legislative members shall be appointed as follows: 1 31 (1) One member of the senate appointed by the majority 1 32 leader of the senate. 1 33 (2) One member of the house of representatives appointed by 1 34 the speaker of the house of representatives. 1 35 2. Notwithstanding section 7E.6, nonlegislative members 2 1 shall only receive reimbursement for actual expenses for 2 2 performance of their official duties as members of the 2 3 commission. Members of the general assembly shall not receive 2 4 a per diem but shall receive reimbursement for necessary travel 2 5 and actual expenses incurred in the performance of their 2 6 official duties. 2 7 3. a. The initial term of a member appointed by the 2 8 governor pursuant to subsection 1, paragraph "a", subparagraphs 2 9 (4), (5), and (6), shall be four years, and after the initial 2 10 term has been served, the appointment shall be for a term of 2 11 four years. 2 12 b. The initial term of a member appointed by the governor 2 13 pursuant to subsection 1, paragraph "a", subparagraph (7), 2 14 shall be two years, and after the initial term has been served, 2 15 the appointment shall be for a term of four years. 2 16 4. One nonlegislative member shall be designated by the 2 17 governor as the chairperson. 2 18 5. The commission may act or make recommendations only 2 19 upon a vote of a majority of the voting membership of the 2 20 commission. 2 21 6. a. The commission shall be charged with developing, 2 22 implementing, and administering felony sentencing guidelines 2 23 for use by the courts throughout the state. 2 24 b. The sentencing guidelines shall be discretionary but 2 25 shall provide a judge with a range of recommended sentencing 2 26 options. 2 27 7. The commission shall develop and conduct sentencing 2 28 guideline education seminars and prepare research related but 2 29 not limited to the following: 2 30 a. Risk assessments. 2 31 b. Recidivism. 2 32 c. Probation and parole violations. 2 33 8. The commission shall review the costs associated with 2 34 the implementation of new or amended criminal code provisions, 2 35 including costs to the judicial branch, department of 3 1 corrections, and judicial district departments of correctional 3 2 services, costs for representing indigent defendants, and costs 3 3 incurred by political subdivisions of the state. 3 4 9. The commission may call upon any department, agency, or 3 5 office of the state, or any political subdivision of the state, 3 6 for information or assistance as needed in the performance of 3 7 its duties. The information or assistance shall be furnished 3 8 to the extent that it is within the resources and authority 3 9 of the department, agency, office, or political subdivision. 3 10 This section does not require the production or opening of 3 11 any records which are required by law to be kept private or 3 12 confidential. 3 13 EXPLANATION 3 14 The inclusion of this explanation does not constitute agreement with 3 15 the explanation's substance by the members of the general assembly. 3 16 This bill establishes a criminal sentencing commission. 3 17 The membership of the criminal sentencing commission shall 3 18 consist of the following nine voting members: the chief 3 19 justice of the supreme court or the chief justice's designee; 3 20 one judge of the court of appeals appointed by the chief 3 21 judge of the court of appeals; one district judge appointed 3 22 by the judicial council; one county attorney appointed by the 3 23 governor upon recommendation by the Iowa county attorneys 3 24 association; one public defender appointed by the governor upon 3 25 recommendation by the state public defender; one probation or 3 26 parole officer appointed by the governor; and three members 3 27 of the public appointed by the governor, one of whom shall be 3 28 a victim of a crime classified as a felony. The commission 3 29 shall include two members of the general assembly who shall 3 30 serve as ex officio, nonvoting members, and who shall be 3 31 appointed as follows: one member of the senate appointed by 3 32 the majority leader of the senate, and one member of the house 3 33 of representatives appointed by the speaker of the house of 3 34 representatives. The bill provides that the initial term of 3 35 members appointed by the governor shall be staggered, and after 4 1 the initial term has been served, the appointment shall be for 4 2 a term of four years. 4 3 The bill provides that nonlegislative members shall only 4 4 receive reimbursement for actual expenses for performance 4 5 of their official duties as members of the commission. 4 6 Legislative members shall not receive a per diem under the 4 7 bill, but legislative members shall receive reimbursement 4 8 for necessary travel and actual expenses incurred in the 4 9 performance of their official duties. 4 10 The bill specifies that a nonlegislative member of 4 11 the commission shall be designated by the governor as the 4 12 chairperson. 4 13 The bill provides that the commission shall be charged with 4 14 developing, implementing, and administering felony sentencing 4 15 guidelines for use by the courts throughout the state. The 4 16 sentencing guidelines shall be discretionary but shall provide 4 17 a judge with a range of recommended sentencing options. 4 18 The bill requires the commission to develop and conduct 4 19 sentencing guideline education seminars and prepare research 4 20 related to but not limited to the following: risk assessments, 4 21 recidivism, and probate and parole violations. 4 22 The bill requires the commission to review the costs 4 23 associated with the implementation of new or amended criminal 4 24 code provisions, including costs to the judicial branch, 4 25 department of corrections, and judicial district departments 4 26 of correctional services, costs for representing indigent 4 27 defendants, and costs incurred by political subdivisions of the 4 28 state. 4 29 The bill transfers duties relating to the study of 4 30 recidivism and the review of costs associated with the 4 31 implementation of criminal code provisions from the public 4 32 safety advisory board established in Code section 216A.133 to 4 33 the commission. 4 34 The bill also permits the commission to call upon any 4 35 department, agency, or office of the state, or any political 5 1 subdivision of the state for assistance in the performance of 5 2 any of the duties of the commission. 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