Bill Text: IA HF2425 | 2015-2016 | 86th General Assembly | Introduced
Bill Title: A bill for an act establishing a sentencing commission.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-03-01 - Introduced, referred to Judiciary. H.J. 353. [HF2425 Detail]
Download: Iowa-2015-HF2425-Introduced.html
House File 2425 - Introduced HOUSE FILE BY H. MILLER A BILL FOR 1 An Act establishing a sentencing commission. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 5917YH (2) 86 jm/rj PAG LIN 1 1 Section 1. Section 216A.131, Code 2016, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 2A. "Commission" means the sentencing 1 4 commission. 1 5 Sec. 2. Section 216A.133A, subsection 2, Code 2016, 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 2016, are amended by striking 1 9 the subparagraphs. 1 10 Sec. 4. NEW SECTION. 216A.140A Sentencing commission. 1 11 1. a. A sentencing commission is established within the 1 12 division. The commission shall consist of the following nine 1 13 voting members: 1 14 (1) The chief justice of the supreme court or the chief 1 15 justice's designee. 1 16 (2) One judge of the court of appeals appointed by the chief 1 17 judge of the court of appeals. 1 18 (3) One district judge appointed by the judicial council. 1 19 (4) One county attorney appointed by the governor upon 1 20 recommendation by the Iowa county attorneys association. 1 21 (5) One public defender appointed by the governor upon the 1 22 recommendation by the state public defender. 1 23 (6) One probation or parole officer appointed by the 1 24 governor. 1 25 (7) Three members of the public appointed by the governor, 1 26 one of whom shall be a victim of a crime classified as a felony. 1 27 b. The commission shall include two members of the general 1 28 assembly who shall serve as ex officio, nonvoting members. The 1 29 legislative members shall be appointed as follows: 1 30 (1) One member of the senate appointed by the majority 1 31 leader of the senate. 1 32 (2) One member of the house of representatives appointed by 1 33 the speaker of the house of representatives. 1 34 2. Notwithstanding section 7E.6, nonlegislative members 1 35 shall only receive reimbursement for actual expenses for 2 1 performance of their official duties as members of the 2 2 commission. Members of the general assembly shall not receive 2 3 a per diem but shall receive reimbursement for necessary travel 2 4 and actual expenses incurred in the performance of their 2 5 official duties. 2 6 3. a. The initial term of a member appointed by the 2 7 governor pursuant to subsection 1, paragraph "a", subparagraphs 2 8 (4), (5), and (6), shall be four years, and after the initial 2 9 term has been served, the appointment shall be for a term of 2 10 four years. 2 11 b. The initial term of a member appointed by the governor 2 12 pursuant to subsection 1, paragraph "a", subparagraph (7), 2 13 shall be two years, and after the initial term has been served, 2 14 the appointment shall be for a term of four years. 2 15 4. One member shall be designated by the governor as the 2 16 chairperson. 2 17 5. The commission may act or make recommendations only 2 18 upon a vote of a majority of the voting membership of the 2 19 commission. 2 20 6. a. The commission shall be charged with developing, 2 21 implementing, and administering felony sentencing guidelines 2 22 for use by the courts throughout the state. 2 23 b. The sentencing guidelines shall be discretionary but 2 24 shall provide a judge with a range of recommended sentencing 2 25 options. 2 26 7. The commission shall develop and conduct sentencing 2 27 guideline education seminars and prepare research related but 2 28 not limited to the following: 2 29 a. Risk assessments. 2 30 b. Recidivism. 2 31 c. Probation and parole violations. 2 32 8. The commission shall review the costs associated with 2 33 the implementation of new or amended criminal code provisions, 2 34 including costs to the judicial branch, department of 2 35 corrections, and judicial district departments of correctional 3 1 services, costs for representing indigent defendants, and costs 3 2 incurred by political subdivisions of the state. 3 3 9. The commission may call upon any department, agency, or 3 4 office of the state, or any political subdivision of the state, 3 5 for information or assistance as needed in the performance of 3 6 its duties. The information or assistance shall be furnished 3 7 to the extent that it is within the resources and authority 3 8 of the department, agency, office, or political subdivision. 3 9 This section does not require the production or opening of 3 10 any records which are required by law to be kept private or 3 11 confidential. 3 12 EXPLANATION 3 13 The inclusion of this explanation does not constitute agreement with 3 14 the explanation's substance by the members of the general assembly. 3 15 This bill establishes a sentencing commission. 3 16 The membership of the sentencing commission shall consist 3 17 of the following nine voting members: the chief justice of 3 18 the supreme court or the chief justice's designee; one judge 3 19 of the court of appeals appointed by the chief judge of the 3 20 court of appeals; one district judge appointed by the judicial 3 21 council; one county attorney appointed by the governor upon 3 22 recommendation by the Iowa county attorneys association; one 3 23 public defender appointed by the governor upon recommendation 3 24 by the state public defender; one probation or parole officer 3 25 appointed by the governor; and three members of the public 3 26 appointed by the governor, one of whom shall be a victim of a 3 27 crime classified as a felony. The commission shall include two 3 28 members of the general assembly who shall serve as ex officio, 3 29 nonvoting members, and who shall be appointed as follows: 3 30 one member of the senate appointed by the majority leader of 3 31 the senate, and one member of the house of representatives 3 32 appointed by the speaker of the house of representatives. The 3 33 bill provides that the initial term of members appointed by the 3 34 governor shall be staggered, and after the initial term has 3 35 been served, the appointment shall be for a term of four years. 4 1 The bill provides that nonlegislative members shall only 4 2 receive reimbursement for actual expenses for performance 4 3 of their official duties as members of the commission. 4 4 Legislative members shall not receive a per diem under the 4 5 bill, but legislative members shall receive reimbursement 4 6 for necessary travel and actual expenses incurred in the 4 7 performance of their official duties. 4 8 The bill specifies that a member of the commission shall be 4 9 designated by the governor as the chairperson. 4 10 The bill provides that the commission shall be charged with 4 11 developing, implementing, and administering felony sentencing 4 12 guidelines for use by the courts throughout the state. The 4 13 sentencing guidelines shall be discretionary but shall provide 4 14 a judge with a range of recommended sentencing options. 4 15 The bill requires the commission to develop and conduct 4 16 sentencing guideline education seminars and prepare research 4 17 related to but not limited to the following: risk assessments, 4 18 recidivism, and probate and parole violations. 4 19 The bill requires the commission to review the costs 4 20 associated with the implementation of new or amended criminal 4 21 code provisions, including costs to the judicial branch, 4 22 department of corrections, and judicial district departments 4 23 of correctional services, costs for representing indigent 4 24 defendants, and costs incurred by political subdivisions of the 4 25 state. 4 26 The bill transfers duties relating to the study of 4 27 recidivism and the review of costs associated with the 4 28 implementation of criminal code provisions from the public 4 29 safety advisory board established in Code section 216A.133 to 4 30 the commission. 4 31 The bill also permits the commission to call upon any 4 32 department, agency, or office of the state, or any political 4 33 subdivision of the state for assistance in the performance of 4 34 any of the duties of the commission. 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