House
File
2191
-
Introduced
HOUSE
FILE
2191
BY
BAXTER
,
BACON
,
SHIPLEY
,
JENEARY
,
ANDREWS
,
BRADLEY
,
OLSON
,
WESSEL-KROESCHELL
,
DOLECHECK
,
STONE
,
WHEELER
,
WORTHAN
,
MOORE
,
BODEN
,
WOLFE
,
OSMUNDSON
,
CISNEROS
,
DUNWELL
,
HUNTER
,
THEDE
,
McCONKEY
,
INGELS
,
A.
MEYER
,
MAXWELL
,
JACOBY
,
SUNDE
,
B.
MEYER
,
MITCHELL
,
BEST
,
DONAHUE
,
FORBES
,
BRINK
,
BOSSMAN
,
GOBBLE
,
NORDMAN
,
GAINES
,
MOMMSEN
,
LUNDGREN
,
SALMON
,
ABDUL-SAMAD
,
and
JAMES
A
BILL
FOR
An
Act
relating
to
the
commutation
of
sentence
procedure
for
1
class
“A”
felons.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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2191
Section
1.
Section
902.2,
Code
2022,
is
amended
to
read
as
1
follows:
2
902.2
Commutation
procedure
for
class
“A”
felons.
3
1.
a.
A
Except
as
otherwise
provided
in
paragraphs
“b”
4
and
“c”
,
a
person
who
has
been
sentenced
to
life
imprisonment
5
under
section
902.1
may,
no
more
frequently
than
once
every
ten
6
years,
make
an
application
to
the
governor
requesting
that
the
7
person’s
sentence
be
commuted
to
a
term
of
years.
The
director
8
of
the
Iowa
department
of
corrections
may
make
a
request
to
9
the
governor
that
a
person’s
sentence
be
commuted
to
a
term
of
10
years
at
any
time.
11
b.
A
person
who
has
been
sentenced
to
life
imprisonment
12
under
section
902.1
who
has
served
thirty-five
years
of
a
13
life
sentence
may
make
an
application
to
the
governor
every
14
five
years
requesting
that
the
person’s
sentence
be
commuted
15
to
a
term
of
years
if
the
person
is,
at
the
time
of
each
16
application,
classified
at
the
minimum
security
custody
level.
17
c.
The
director
of
the
Iowa
department
of
corrections
may
18
make
a
request
to
the
governor
that
a
person’s
sentence
be
19
commuted
to
a
term
of
years
at
any
time.
20
2.
Upon
receipt
of
a
request
for
commutation,
the
governor
21
shall
send
a
copy
of
the
request
to
the
Iowa
board
of
parole
22
for
investigation
and
recommendations
as
to
whether
the
person
23
should
be
considered
for
commutation.
The
board
shall
conduct
24
an
interview
of
the
class
“A”
felon
and
shall
make
a
written
25
report
of
its
findings
and
recommendations
to
the
governor
26
within
twelve
months
of
the
person’s
submission
of
a
request
27
for
commutation
.
A
decision
to
recommend
commutation
shall
be
28
by
a
majority
vote
of
the
board.
29
3.
In
determining
whether
to
recommend
commutation
30
of
an
applicant’s
sentence,
the
board
shall
consider
all
31
circumstances
including
but
not
limited
to
all
of
the
following
32
factors
for
inclusion
in
the
board’s
written
report:
33
a.
Whether
the
applicant
has
engaged
in
activities
that
34
indicate
rehabilitation
including
but
not
limited
to
any
of
the
35
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2191
following:
1
(1)
Participation
in
rehabilitative,
educational,
2
or
vocational
programs
if
available
at
the
applicant’s
3
classification
level
and
facility.
4
(2)
Utilization
of
available
materials
for
5
self-improvement.
6
(3)
Participation
in
other
programs
designed
to
promote
7
behavior
change
and
to
prepare
offenders
for
successful
reentry
8
into
the
community.
9
b.
The
length
of
time
the
applicant
has
exhibited
good
10
behavior
at
the
facility.
11
c.
The
impact
of
the
applicant’s
crime
on
each
victim
12
through
the
use
of
victim
impact
statements
as
defined
in
13
section
915.10.
14
d.
The
details
of
all
criminal
convictions
of
the
applicant.
15
e.
Whether
the
applicant
has
expressed
remorse
and
accepted
16
responsibility
for
the
applicant’s
crimes.
17
f.
Reports
of
the
department
of
corrections
including
18
disciplinary
records,
whether
the
applicant
has
engaged
in
19
community
service
projects,
and
whether
the
applicant
has
been
20
a
positive
influence
on
others.
21
g.
Whether
the
applicant
was
convicted
of
murder
under
22
felony
murder
law
or
for
aiding
and
abetting
a
felony
murder
23
but
the
applicant
did
not
intend
for
a
murder
to
occur
during
24
the
commission
of
the
offense.
25
h.
Whether
the
applicant’s
sentence
of
life
without
parole
26
was
entered
following
a
plea
signed
and
accepted
by
all
parties
27
which
recommended
a
different
sentence
including
a
sentence
28
that
is
excessive
compared
to
other
sentences
for
the
same
29
crime.
30
i.
Whether
a
meaningful
plan
for
housing
and
support
is
in
31
place
including
letters
of
recommendation
indicating
that
the
32
applicant
can
be
a
contributing
and
positive
member
of
society.
33
j.
The
impact
of
the
crime
on
the
community
including
34
evidence
that
circumstances
have
changed
since
the
applicant’s
35
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original
sentencing
indicating
the
applicant’s
continued
1
incarceration
is
no
longer
in
the
interest
of
justice
due
to
2
sufficient
punishment
and
rehabilitation.
3
EXPLANATION
4
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
5
the
explanation’s
substance
by
the
members
of
the
general
assembly.
6
This
bill
relates
to
the
commutation
of
sentence
procedure
7
for
class
“A”
felons.
8
Current
law
provides
that
a
person
who
has
been
sentenced
to
9
life
imprisonment
may,
no
more
frequently
than
once
every
10
10
years,
make
an
application
to
the
governor
requesting
that
the
11
person’s
sentence
be
commuted
to
a
term
of
years.
The
director
12
of
the
Iowa
department
of
corrections
may
make
a
request
to
the
13
governor
requesting
that
the
person’s
sentence
be
commuted
to
a
14
term
of
years
at
any
time.
15
The
bill
provides
that
in
addition
to
the
current
16
commutation
procedure
allowed
under
current
law,
a
person
who
17
has
been
sentenced
to
life
imprisonment
who
has
served
35
18
years
may
make
an
application
to
the
governor
every
5
years
19
requesting
that
the
person’s
sentence
be
commuted
to
a
term
20
of
years
if
the
person
is,
at
the
time
of
each
application,
21
classified
at
the
minimum
security
custody
level.
22
The
bill
provides
that
a
decision
by
the
Iowa
board
of
23
parole
to
recommend
commutation
by
the
governor
shall
be
by
24
a
majority
vote
of
the
board.
In
determining
whether
to
25
recommend
commutation
of
the
applicant’s
sentence,
the
board
26
must
consider
all
circumstances
including
but
not
limited
to
27
the
following
factors
for
inclusion
in
the
board’s
written
28
report:
whether
the
applicant
has
engaged
in
activities
29
that
indicate
rehabilitation
including
participation
in
30
rehabilitative,
educational,
or
vocational
programs,
the
31
utilization
of
available
materials
for
self-improvement,
and
32
participation
in
other
programs
designed
to
promote
behavior
33
change
and
to
prepare
offenders
for
successful
reentry
into
the
34
community;
the
length
of
time
the
applicant
has
exhibited
good
35
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2191
behavior
at
the
facility;
the
impact
of
the
applicant’s
crime
1
on
each
victim
through
the
use
of
victim
impact
statements;
the
2
details
of
all
criminal
convictions
of
the
applicant;
whether
3
the
applicant
has
expressed
remorse
and
accepted
responsibility
4
for
the
applicant’s
crimes;
reports
of
the
department
of
5
corrections
including
disciplinary
records,
whether
the
6
applicant
has
engaged
in
community
service
projects,
and
7
whether
the
applicant
has
been
a
positive
influence
on
others;
8
whether
the
applicant
was
convicted
of
murder
under
felony
9
murder
law
or
for
aiding
and
abetting
a
felony
murder
but
the
10
applicant
did
not
intend
for
a
murder
to
occur
during
the
11
commission
of
the
offense;
whether
the
applicant’s
sentence
of
12
life
without
parole
was
entered
following
a
plea
signed
and
13
accepted
by
all
parties
which
recommended
a
different
sentence;
14
whether
a
meaningful
plan
for
housing
and
support
is
in
place
15
including
letters
of
recommendation
indicating
the
applicant
16
can
be
a
contributing
and
positive
member
of
society;
and
17
the
impact
of
the
crime
on
the
community
including
evidence
18
that
circumstances
have
changed
since
the
sentencing
of
the
19
applicant
indicating
the
applicant’s
continued
incarceration
20
is
no
longer
in
the
interest
of
justice
due
to
sufficient
21
punishment
and
rehabilitation.
22
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