Bill Text: IA HF377 | 2021-2022 | 89th General Assembly | Introduced
Bill Title: A bill for an act related to a commutation of sentence request from a class "A" felon sentenced to life imprisonment without the possibility of parole, establishing a life imprisonment review committee to make recommendations in the case of a minimum custody level applicant who has served at least twenty-five years in prison, with reconsideration of a sentence upon the governor's request or inaction, and providing expedited review in the case of an applicant's terminal illness and incapacitation.
Spectrum: Moderate Partisan Bill (Republican 14-4)
Status: (Introduced - Dead) 2021-12-31 - END OF [] ACTIONS [HF377 Detail]
Download: Iowa-2021-HF377-Introduced.html
House
File
377
-
Introduced
HOUSE
FILE
377
BY
BAXTER
,
SALMON
,
BACON
,
JENEARY
,
WOLFE
,
MITCHELL
,
OSMUNDSON
,
LOHSE
,
OLSON
,
SHIPLEY
,
MOORE
,
WHEELER
,
BOSSMAN
,
A.
MEYER
,
ABDUL-SAMAD
,
BOHANNAN
,
KAUFMANN
,
and
DOLECHECK
A
BILL
FOR
An
Act
related
to
a
commutation
of
sentence
request
from
a
1
class
“A”
felon
sentenced
to
life
imprisonment
without
the
2
possibility
of
parole,
establishing
a
life
imprisonment
3
review
committee
to
make
recommendations
in
the
case
of
a
4
minimum
custody
level
applicant
who
has
served
at
least
5
twenty-five
years
in
prison,
with
reconsideration
of
a
6
sentence
upon
the
governor’s
request
or
inaction,
and
7
providing
expedited
review
in
the
case
of
an
applicant’s
8
terminal
illness
and
incapacitation.
9
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
10
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Section
1.
Section
902.1,
subsection
1,
Code
2021,
is
1
amended
to
read
as
follows:
2
1.
Upon
a
plea
of
guilty,
a
verdict
of
guilty,
or
a
special
3
verdict
upon
which
a
judgment
of
conviction
of
a
class
“A”
4
felony
may
be
rendered,
the
court
shall
enter
a
judgment
of
5
conviction
and
shall
commit
the
defendant
into
the
custody
of
6
the
director
of
the
Iowa
department
of
corrections
for
the
7
rest
of
the
defendant’s
life.
Nothing
Except
as
otherwise
8
provided
in
section
902.4A,
nothing
in
the
Iowa
corrections
9
code
pertaining
to
deferred
judgment,
deferred
sentence,
10
suspended
sentence,
or
reconsideration
of
sentence
applies
to
11
a
class
“A”
felony
,
and
a
person
.
A
defendant
convicted
of
a
12
class
“A”
felony
shall
not
be
released
on
parole
unless
the
13
governor
commutes
the
defendant’s
sentence
to
a
term
of
years
14
or
a
district
court
reconsiders
the
defendant’s
sentence
and
15
resentences
the
person
into
the
custody
of
the
director
of
the
16
department
of
corrections
for
the
rest
of
the
defendant’s
life
17
with
the
possibility
of
parole
pursuant
to
section
902.2A
or
18
902.4A
.
19
Sec.
2.
Section
902.2,
Code
2021,
is
amended
to
read
as
20
follows:
21
902.2
Commutation
procedure
for
class
“A”
felons.
22
A
person
who
has
been
sentenced
to
life
imprisonment
under
23
section
902.1
may,
no
more
frequently
than
once
every
ten
24
years,
make
an
application
to
the
governor
requesting
that
the
25
person’s
sentence
be
commuted
to
a
term
of
years.
The
director
26
of
the
Iowa
department
of
corrections
may
make
a
request
to
27
the
governor
that
a
person’s
sentence
be
commuted
to
a
term
of
28
years
at
any
time.
Upon
receipt
of
a
request
for
commutation,
29
the
governor
shall
,
within
thirty
days
of
receipt
of
the
30
request,
send
a
copy
of
the
request
to
the
Iowa
board
of
parole
31
for
investigation
and
along
with
recommendations
as
to
whether
32
the
person
should
be
considered
for
receive
commutation.
The
33
Within
one
hundred
twenty
days
of
receipt
of
such
request,
the
34
board
shall
conduct
an
interview
of
the
class
“A”
felon
and
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shall
make
a
report
of
its
findings
and
recommendations
to
1
the
governor.
Any
decision
to
recommend
commutation
shall
be
2
by
a
majority
vote
of
the
board.
Notwithstanding
any
other
3
provision
of
this
section
to
the
contrary,
after
the
first
4
twenty-five
years
of
a
person’s
sentence
to
life
imprisonment
5
under
section
902.1,
if
the
person
is,
at
the
time
of
6
application,
classified
as
minimum
security
custody
level,
the
7
process
for
a
request
for
commutation
shall
be
as
provided
in
8
section
902.2A.
Alternatively,
an
application
for
commutation
9
by
or
on
behalf
of
any
person
sentenced
to
life
imprisonment
10
under
section
902.1
when
the
facts
described
in
section
902.2B
11
exist
shall
be
made
and
processed
according
to
section
902.2B.
12
Sec.
3.
NEW
SECTION
.
902.2A
Life
imprisonment
review
after
13
twenty-five
years.
14
1.
For
the
purposes
of
this
section
and
section
902.4A:
15
a.
“Applicant”
means
a
person
convicted
of
a
class
16
“A”
felony
and
sentenced
to
life
imprisonment
without
the
17
possibility
of
parole.
18
b.
“Committee”
means
the
life
imprisonment
review
committee
19
established
pursuant
to
this
section.
20
c.
“Victim”
means
the
same
as
defined
in
section
915.10.
21
2.
A
life
imprisonment
review
committee
is
established.
22
The
purpose
of
the
committee
shall
be
to
make
commutation
23
recommendations
to
the
governor
and
to
facilitate
24
reconsideration
by
the
district
court
regarding
applicants
25
under
this
section.
26
a.
The
governor
shall
appoint
five
members
to
the
committee,
27
at
least
one
of
whom
is
a
member
of
a
racial
minority,
and
two
28
alternates
to
the
committee.
Committee
members
and
alternates
29
may
include
representatives
from
the
Iowa
state
chapter
of
the
30
national
association
for
the
advancement
of
colored
people
31
or
other
organizations
that
advocate
on
behalf
of
racial
or
32
ethnic
minorities,
community-based
organizations
as
defined
33
in
section
7D.15,
organizations
focused
on
the
reentry
34
of
incarcerated
individuals,
the
department
of
workforce
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development,
the
department
of
public
safety,
the
office
of
1
the
attorney
general,
and
a
judicial
district
department
2
of
correctional
services.
Members
may
also
include
county
3
attorneys,
defense
attorneys,
law
enforcement
officers,
retired
4
judges,
retired
prison
officials
including
wardens,
deputy
5
wardens,
and
treatment
directors,
criminal
justice
researchers
6
and
educators,
and
clergy.
7
b.
Members
shall
serve
four-year
terms
except
for
the
terms
8
of
the
initial
members,
which
shall
be
staggered
so
that
at
9
least
one
of
the
members’
terms
expire
each
calendar
year.
A
10
member
may
serve
up
to
two
consecutive
terms.
The
committee
11
shall
elect
a
chairperson
who
shall
serve
a
one-year
term
and
12
may
be
elected
to
two
consecutive
terms.
13
c.
Decisions
of
the
committee
shall
require
a
majority
of
14
its
members.
Alternates
shall
be
included
in
lieu
of
members
15
unable
to
participate
so
that
committee
deliberations
always
16
include
five
members.
17
3.
After
the
first
twenty-five
years
of
an
applicant’s
18
sentence
to
life
imprisonment
under
section
902.1,
an
applicant
19
who
is
at
the
time
of
application
classified
as
minimum
20
security
custody
level
may,
no
more
than
once
every
three
21
years,
make
an
application
to
the
governor
requesting
that
22
the
applicant’s
sentence
be
commuted
to
a
term
of
years.
The
23
three-year
limitation
shall
be
waived
for
a
person
submitting
24
an
application
under
section
902.2B.
Upon
receipt
of
an
25
application,
or
upon
a
request
for
commutation
from
the
26
director
of
the
Iowa
department
of
corrections
on
behalf
of
27
an
applicant
at
any
time,
the
governor
shall,
within
thirty
28
days
of
receipt
of
the
application
or
request,
send
a
copy
of
29
the
application
or
request
to
the
committee
for
investigation
30
and
recommendation
as
to
whether
the
applicant
should
31
receive
commutation.
Notwithstanding
any
other
provision
32
of
law
to
the
contrary,
the
governor
may,
before
or
after
33
receiving
the
recommendation
of
the
committee,
commute
the
34
applicant’s
sentence
to
a
term
of
years
or
the
district
court
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may
resentence
the
applicant
to
life
imprisonment
with
the
1
possibility
of
parole
pursuant
to
section
902.4A.
2
4.
Upon
receipt
of
an
application
for
commutation
under
3
this
section,
the
committee
shall
conduct
an
investigation
4
concerning
the
applicant
and
the
factors
specified
in
5
subsection
6.
The
department
of
corrections
shall
provide
6
the
committee
with
access
to
the
applicant’s
case
file.
The
7
committee
shall
consider
information
submitted
by
the
applicant
8
along
with
the
applicant’s
case
file,
any
recommendations
and
9
letters
received
on
behalf
of
the
applicant
and
any
letters
10
from
any
victim
of
the
offense
for
which
the
applicant
is
11
incarcerated,
and
any
other
relevant
information.
12
5.
a.
The
committee
shall
set
a
date
for
a
hearing,
which
13
shall
occur
no
later
than
one
hundred
twenty
days
after
the
14
committee’s
receipt
of
the
application
for
commutation,
to
15
determine
whether
to
recommend
the
applicant
for
commutation.
16
However,
if
the
one-hundred-twenty-day
limit
would
require
more
17
than
two
hearings
in
any
calendar
month,
the
committee
may
18
extend
this
limitation
by
consecutive
thirty-day
periods
as
19
necessary
for
the
committee
to
hold
no
more
than
two
hearings
20
per
month,
in
the
order
of
the
date
an
application
is
received
21
and
then,
if
necessary,
in
the
order
of
greatest
to
least
22
amount
of
time
served.
23
b.
The
committee
shall
notify
the
applicant
and
any
24
registered
victim
at
least
thirty
days
before
the
hearing
25
date,
and
the
applicant
and
the
applicant’s
attorney,
if
26
any,
shall
have
the
right
to
be
present
for
the
hearing
by
27
videoconference.
28
c.
The
committee
shall,
within
thirty
days
following
the
29
hearing,
make
a
recommendation
for
or
against
commutation
of
30
the
applicant’s
sentence,
and
shall
forward
its
recommendation
31
and
report
to
the
governor
and
to
the
board
of
parole.
The
32
committee’s
decision
shall
not
be
based
upon
the
presence
or
33
absence
of
any
single
factor
listed
in
subsection
6.
The
board
34
of
parole
may,
within
thirty
days
of
receipt
of
the
committee’s
35
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recommendation,
notify
the
governor
of
any
additional
1
recommendation
in
support
of
or
contrary
to
the
committee’s
2
recommendation.
Any
recommendation
shall
be
made
by
a
majority
3
vote
of
the
board
of
parole.
4
6.
In
determining
whether
to
recommend
commutation
of
5
the
applicant’s
sentence,
the
committee
shall
consider
all
6
circumstances
including
but
not
limited
to
all
of
the
following
7
factors:
8
a.
Whether
the
applicant
has
performed
acts
that
tend
to
9
indicate
rehabilitation,
including
but
not
limited
to
whether
10
the
applicant
participated
in
rehabilitative,
educational,
11
or
vocational
programs,
if
available
at
the
applicant’s
12
classification
level
and
facility,
whether
the
applicant
13
utilized
available
materials
for
self-improvement,
and
whether
14
the
applicant
participated
in
other
programs
designed
to
15
promote
behavior
change
and
to
prepare
offenders
for
successful
16
reentry
into
the
community.
17
b.
Whether
the
applicant’s
case
file
demonstrates
that
the
18
applicant
shows
respect
for
authority
and
has
been
deemed
a
19
positive
influence
on
others.
20
c.
The
applicant’s
disciplinary
record
in
prison.
21
d.
Family
or
community
supports
of
the
applicant,
including
22
whether
the
applicant
has
maintained
relationships
with
23
persons
outside
of
prison
through
letters,
calls,
or
visits,
24
and
whether
the
applicant
has
eliminated
contact
with
persons
25
outside
of
prison
who
are
currently
involved
in
criminal
26
activity.
27
e.
Whether
a
meaningful
plan
for
housing
and
support
is
28
in
place
if
the
applicant
is
released
indicating
that
the
29
applicant
can
be
a
contributing
and
positive
member
of
society.
30
f.
The
applicant’s
education
and
employment
history,
before
31
and
during
incarceration,
including
employable
skills
for
32
self-support
if
and
when
released,
and
any
references
received
33
from
persons
who
have
served
as
work
supervisors
during
the
34
applicant’s
period
of
incarceration.
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g.
The
circumstances
of
the
applicant’s
crime,
including
1
the
degree
of
participation
by
the
applicant
and
the
nature
and
2
severity
of
the
crime,
including
any
of
the
following:
3
(1)
Whether
the
crime
was
committed
while
participating
in
4
another
felony.
5
(2)
The
number
of
victims.
6
(3)
The
heinous,
brutal,
cruel
manner
of
the
crime,
7
including
whether
the
crime
involved
torture.
8
h.
Whether
the
applicant
was
convicted
of
murder
pursuant
to
9
felony
murder
or
aiding
and
abetting
murder
provisions
of
law,
10
but
did
not
directly
commit
the
act
of
murder.
11
i.
Whether
the
applicant’s
sentence
of
life
without
parole
12
was
entered
following
a
plea
signed
and
accepted
by
all
parties
13
in
which
the
plea
agreement
recommended
a
different
sentence.
14
j.
The
level
of
compulsion,
duress,
influence,
abuse,
or
15
trauma,
if
any,
exerted
upon
the
applicant,
but
not
to
such
an
16
extent
as
to
constitute
a
defense.
17
k.
The
capacity
of
the
applicant
to
appreciate
the
18
criminality
of
the
conduct,
including
whether
the
applicant’s
19
ability
to
conform
the
applicant’s
conduct
with
the
20
requirements
of
the
law
was
substantially
impaired
and
any
21
intellectual
or
mental
incapacity
at
the
time
of
the
crime.
22
l.
The
chronological
age
of
an
applicant
who
was
twenty-five
23
years
of
age
or
less
at
the
time
of
the
crime
and
the
24
features
of
youth,
including
immaturity,
impetuosity,
and
25
failure
to
appreciate
risks
and
consequences;
any
familial
26
or
peer
pressure
that
may
have
affected
the
applicant;
and
27
the
competencies
of
youth
including
but
not
limited
to
the
28
applicant’s
inability
to
deal
with
peace
officers
or
the
29
prosecution
or
the
applicant’s
incapacity
to
assist
the
30
applicant’s
attorney
in
the
applicant’s
defense.
31
m.
The
family
and
home
environment
that
surrounded
the
32
applicant
prior
to
incarceration;
adult
support
or
supervision
33
in
the
applicant’s
childhood
or
youth;
and
any
history
of
34
psychological
or
physical
trauma,
domestic
violence,
or
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significant
stress.
1
n.
Whether
the
applicant
has
any
cognitive
limitations
due
2
to
mental
illness,
any
developmental
disability,
intoxication
3
or
the
influence
of
a
drug
or
controlled
substance,
or
any
4
other
factors
that
did
not
constitute
a
defense
but
influenced
5
the
applicant’s
involvement
in
the
crime.
6
o.
The
applicant’s
remorse
and
acceptance
of
responsibility.
7
p.
The
applicant’s
level
of
maturity,
the
likelihood
of
8
the
commission
of
further
offenses
by
the
applicant
including
9
evidence
that
reflects
whether
age,
time
served,
and
diminished
10
physical
or
mental
condition
or
terminal
illness,
if
any,
have
11
reduced
the
applicant’s
risk
for
future
violence.
12
q.
The
impact
of
the
crime
on
each
victim
through
the
use
of
13
a
victim
impact
statement,
as
defined
in
section
915.10.
The
14
victim
impact
statement
may
include
information
relating
to
the
15
applicant’s
crime.
16
r.
The
impact
of
the
crime
on
the
community,
including
17
evidence
that
circumstances
have
changed
since
the
applicant’s
18
original
sentencing
so
that
the
applicant’s
continued
19
incarceration
is
no
longer
in
the
interest
of
justice.
20
s.
The
threat
posed
by
the
applicant
to
the
safety
of
the
21
public
or
any
particular
person.
22
t.
Whether
the
applicant’s
application
is
supported
by
a
23
recommendation
from
one
or
more
of
the
following
persons:
24
(1)
The
director
of
the
department
of
corrections.
25
(2)
The
chairperson
of
the
Iowa
board
of
parole.
26
(3)
The
warden
from
a
prison
where
the
applicant
has
been
27
incarcerated.
28
7.
Upon
receipt
of
any
report
and
recommendation
from
the
29
committee
and
the
board
of
parole,
the
governor
may
commute
30
the
applicant’s
sentence
of
life
imprisonment
without
parole
31
to
a
term
of
years.
Alternatively,
the
governor
may
deny
the
32
commutation
or
take
no
action.
33
8.
Upon
the
expiration
of
three
months
after
a
34
recommendation
by
the
committee
in
favor
of
commutation
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was
forwarded
to
the
governor
under
this
section,
if
the
1
governor
has
not
taken
any
action
on
the
application,
the
2
committee
shall,
within
thirty
days
of
the
expiration
of
the
3
three-month
period,
submit
its
recommendation
and
report,
with
4
any
associated
recommendation
or
report
from
the
board
of
5
parole,
to
the
district
court
in
the
county
that
originally
6
sentenced
the
applicant
for
reconsideration
of
the
applicant’s
7
sentence
pursuant
to
section
902.4A.
Alternatively,
at
any
8
time
after
receipt
of
any
recommendation
and
report
from
the
9
committee,
the
governor
may
direct
the
committee
to
submit
that
10
recommendation
and
report,
with
any
associated
recommendation
11
or
report
from
the
board
of
parole,
within
thirty
days
12
after
direction
from
the
governor,
to
the
district
court
for
13
reconsideration
of
the
applicant’s
sentence
pursuant
to
section
14
902.4A.
15
9.
If
the
committee
made
a
recommendation
against
16
commutation
and
the
governor
has
not
granted
commutation,
17
the
committee
shall
send
a
summary
report
to
the
applicant
18
within
four
months
of
its
report
stating
the
reasons
for
its
19
recommendation
against
commutation.
20
10.
An
applicant
whose
life
sentence
has
been
commuted
21
to
a
term
of
years
not
already
fully
served
or
who
has
been
22
resentenced
pursuant
to
section
902.4A
shall
be
placed
on
23
the
corrections
continuum
pursuant
to
chapter
901B,
and
the
24
terms
and
conditions
of
parole,
including
violations,
shall
be
25
subject
to
the
procedures
specified
in
chapters
906
and
908
and
26
to
rules
adopted
under
those
chapters
for
persons
on
parole.
27
Sec.
4.
NEW
SECTION
.
902.2B
Expedited
review
of
class
“A”
28
felony
sentence
upon
terminal
illness.
29
1.
An
application
to
the
governor
requesting
that
an
30
applicant’s
sentence
of
life
imprisonment
under
section
31
902.1
be
commuted
to
a
term
of
years
already
served
may
be
32
made
under
this
section
by
the
applicant,
a
family
member
of
33
the
applicant,
or
any
other
personal
representative
of
the
34
applicant
if
the
following
circumstances
exist:
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a.
Any
of
the
following:
1
(1)
The
applicant
is
terminally
ill
with
an
incurable
2
condition
caused
by
an
illness
or
disease
that
would
produce
3
death
within
six
months,
as
determined
by
a
physician
employed,
4
referred,
or
consulted
by
the
department
of
corrections.
5
(2)
The
applicant
is
permanently
medically
incapacitated
6
with
a
medical
condition
including
but
not
limited
to
due
to
7
a
coma,
persistent
vegetative
state,
brain
death,
ventilator-
8
dependency,
or
loss
of
control
of
muscular
or
neurological
9
function,
that
renders
the
applicant
permanently
unable
to
10
perform
activities
of
basic
daily
living
and
that
results
in
11
the
applicant
requiring
twenty-four-hour
total
care,
provided
12
the
incapacitation
did
not
exist
at
the
time
of
the
applicant’s
13
original
sentencing.
14
b.
The
conditions
under
which
the
applicant
may
be
released
15
do
not
pose
a
threat
to
public
safety.
16
2.
Within
three
business
days
of
receipt
of
an
application
17
submitted
under
this
section,
the
governor
shall
send
a
copy
18
of
the
request
to
the
board
of
parole,
which
shall,
within
19
twenty
days
of
receipt
of
the
request,
hold
a
hearing
to
20
determine
whether
these
facts
are
established.
The
department
21
of
corrections
shall
provide
the
board
of
parole
with
access
22
to
the
applicant’s
case
file
and
relevant
medical
information.
23
The
board
of
parole
shall,
no
later
than
ten
business
days
24
after
the
hearing,
determine
whether
the
facts
required
under
25
this
section
have
been
established
and
report
its
decision
to
26
the
governor.
The
board’s
determination
shall
be
by
a
majority
27
vote.
28
3.
Upon
receipt
of
the
board’s
report,
the
governor
may
29
commute
the
applicant’s
sentence
of
life
imprisonment
without
30
parole
to
a
term
of
years.
Alternatively,
the
governor
may
31
deny
the
commutation
or
take
no
action.
32
Sec.
5.
NEW
SECTION
.
902.4A
Reconsideration
of
a
class
“A”
33
felony
sentence.
34
1.
Upon
receipt
of
the
report
and
recommendation
of
the
35
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committee
as
provided
in
section
902.2A,
the
district
court,
1
in
the
county
that
originally
sentenced
the
applicant,
shall
2
order
the
applicant
to
be
returned
to
the
court,
at
which
time
3
the
court
shall
review
the
applicant’s
sentence
and
reaffirm
4
it
or
substitute
a
sentence
of
commitment
of
the
applicant
to
5
the
custody
of
the
director
of
the
department
of
corrections
6
for
the
rest
of
the
applicant’s
life
with
the
possibility
7
of
parole.
Copies
of
the
order
to
return
the
applicant
to
8
the
court
shall
be
provided
to
the
attorney
for
the
state,
9
the
applicant,
and
the
applicant’s
attorney,
if
any.
The
10
court’s
final
order
in
the
proceeding
shall
be
delivered
to
the
11
applicant
personally
or
by
regular
mail.
12
2.
The
court
shall
conduct
a
hearing
to
consider
any
13
evidence
deemed
appropriate
by
the
court
including
but
not
14
limited
to
the
factors
set
forth
in
section
902.2A.
15
3.
The
court’s
decision
to
reaffirm
or
substitute
a
sentence
16
under
this
section
is
subject
to
appeal
only
for
errors
of
law
17
or
an
abuse
of
discretion.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
relates
to
a
commutation
of
sentence
request
from
22
a
class
“A”
felon
sentenced
to
life
imprisonment
without
the
23
possibility
of
parole,
establishes
a
life
imprisonment
review
24
committee
to
make
recommendations
in
the
case
of
a
minimum
25
custody
level
applicant
who
has
served
at
least
25
years
in
26
prison,
with
reconsideration
of
a
sentence
upon
the
governor’s
27
request
or
inaction,
and
provides
an
expedited
review
in
the
28
case
of
an
applicant’s
terminal
illness
and
incapacitation.
29
Under
current
law,
unless
a
defendant
was
under
the
age
30
of
18
at
the
time
an
offense
was
committed,
upon
a
plea
of
31
guilty,
a
verdict
of
guilty,
or
a
special
verdict
upon
which
a
32
judgment
of
conviction
of
a
class
“A”
felony
may
be
rendered,
33
the
court
shall
enter
a
judgment
of
conviction
and
shall
commit
34
the
defendant
into
the
custody
of
the
director
of
the
Iowa
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department
of
corrections
for
the
rest
of
the
defendant’s
life.
1
A
person
convicted
of
a
class
“A”
felony
shall
not
be
released
2
on
parole
unless
the
governor
commutes
the
sentence
to
a
term
3
of
years.
4
The
bill
provides
that
a
defendant
convicted
of
a
class
“A”
5
felony
shall
not
be
released
on
parole
unless
the
governor
6
commutes
the
defendant’s
sentence
to
a
term
of
years
or
the
7
district
court
resentences
the
defendant
into
the
custody
of
8
the
director
of
the
department
of
corrections
for
the
rest
of
9
the
defendant’s
life
with
the
possibility
of
parole
pursuant
to
10
new
Code
section
902.2A
or
902.4A.
11
Under
current
law,
a
person
who
has
been
sentenced
to
life
12
imprisonment
may,
no
more
than
once
every
10
years,
make
an
13
application
to
the
governor
requesting
that
the
person’s
14
sentence
be
commuted
to
a
term
of
years.
The
director
of
15
the
Iowa
department
of
corrections
may
make
a
request
to
the
16
governor
that
a
person’s
sentence
be
commuted
to
a
term
of
17
years
at
any
time.
18
The
bill
provides
that,
upon
receipt
of
a
request
for
19
commutation,
the
governor
shall,
within
30
days
of
receipt
20
of
the
request,
send
a
copy
of
the
request
to
the
Iowa
board
21
of
parole
for
investigation
along
with
recommendations
as
to
22
whether
the
person
should
receive
commutation.
Within
120
23
days
of
receipt
of
such
request,
the
board
shall
conduct
an
24
interview
of
the
class
“A”
felon
and
shall
make
a
report
of
its
25
findings
and
recommendations
to
the
governor.
Any
decision
to
26
recommend
commutation
shall
be
by
a
majority
vote
of
the
board.
27
Notwithstanding
any
other
provision
to
the
contrary
in
the
28
bill,
after
the
first
25
years
of
a
person’s
sentence
to
life
29
imprisonment,
if
the
person
is
at
the
time
of
the
application
30
classified
as
minimum
security
custody
level,
the
process
for
a
31
request
for
commutation
shall
be
as
provided
in
Code
section
32
902.2A
(life
imprisonment
review
after
25
years),
created
in
33
the
bill.
Alternatively,
an
application
for
commutation
by
or
34
on
behalf
of
any
person
sentenced
to
life
imprisonment
when
the
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facts
described
in
Code
section
902.2B
(expedited
review
of
1
class
“A”
felony
sentence
upon
terminal
illness),
created
in
2
the
bill,
shall
be
made
and
processed
according
to
that
Code
3
section.
4
The
bill
establishes
a
life
imprisonment
review
committee
5
to
review
life
sentences
after
a
person
has
served
25
years.
6
The
bill
defines
“applicant”
as
a
person
convicted
of
a
class
7
“A”
felony
and
sentenced
to
life
imprisonment
without
the
8
possibility
of
parole,
“committee”
as
the
life
imprisonment
9
review
committee
established
in
the
bill,
and
“victim”
as
a
10
person
who
has
suffered
physical,
emotional,
or
financial
harm
11
as
the
result
of
a
public
offense
or
a
delinquent
act,
other
12
than
a
simple
misdemeanor,
committed
in
the
state.
“Victim”
13
also
includes
the
immediate
family
members
of
a
victim
who
14
died
or
was
rendered
incompetent
as
a
result
of
the
offense
or
15
who
was
under
the
age
of
18
at
the
time
of
the
offense.
The
16
committee
is
established
to
make
commutation
recommendations
17
to
the
governor
and
facilitate
reconsideration
by
the
district
18
court
regarding
applicants.
The
bill
provides
provisions
19
relating
to
the
composition
of
the
committee
and
voting
20
requirements.
21
The
bill
provides
that
after
the
first
25
years
of
an
22
applicant’s
sentence
to
life
imprisonment,
an
applicant
who
23
is
at
the
time
of
application
classified
as
minimum
security
24
custody
level
may,
no
more
than
once
every
three
years,
make
25
an
application
to
the
governor
requesting
that
the
applicant’s
26
sentence
be
commuted
to
a
term
of
years.
This
three-year
27
limitation
shall
be
waived
in
the
case
of
an
applicant
who
28
is
diagnosed
with
a
terminal
illness.
Upon
receipt
of
an
29
application,
or
upon
a
request
for
commutation
from
the
30
director
of
the
Iowa
department
of
corrections
on
behalf
of
31
an
applicant
at
any
time,
the
governor
shall,
within
30
days
32
of
receipt
of
the
application
or
request,
send
a
copy
of
the
33
application
or
request
to
the
committee
for
investigation
34
and
recommendation
as
to
whether
the
applicant
should
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receive
commutation.
Notwithstanding
any
other
provision
1
of
law
to
the
contrary,
the
governor
may,
before
or
after
2
receiving
the
recommendation
of
the
committee,
commute
the
3
applicant’s
sentence
to
a
term
of
years
or
the
district
court
4
may
resentence
the
applicant
to
life
imprisonment
with
the
5
possibility
of
parole.
6
The
bill
provides
that
upon
receipt
of
an
application
for
7
commutation,
the
committee
shall
conduct
an
investigation
and
8
hold
a
hearing
concerning
the
applicant
and
shall
consider
9
the
applicant’s
circumstances
according
to
certain
factors
as
10
provided
in
the
bill.
The
committee
shall
set
a
date
for
a
11
hearing,
which
shall
occur
no
later
than
120
days
after
the
12
committee’s
receipt
of
the
application
for
commutation
unless
13
the
120-day
limit
would
require
more
than
two
hearings
in
14
any
calendar
month.
The
committee
may
extend
this
limit
by
15
consecutive
30-day
periods
as
necessary
for
the
committee
to
16
hold
no
more
than
two
hearings
per
month.
The
committee
shall,
17
within
30
days
following
the
hearing,
make
a
recommendation
for
18
or
against
commutation
of
the
applicant’s
sentence,
and
shall
19
forward
its
recommendation
and
report
to
the
governor
and
to
20
the
board
of
parole.
The
board
of
parole
may,
within
30
days
21
following
the
hearing,
notify
the
governor
of
any
additional
22
recommendations
or
reports
in
support
of
or
contrary
to
the
23
committee’s
recommendation.
Any
recommendation
shall
be
by
a
24
majority
vote
of
the
board
of
parole.
25
The
bill
provides
that
upon
receipt
of
any
reports
and
26
recommendations
from
the
committee
and
from
the
board
of
27
parole,
the
governor
may
commute
the
applicant’s
sentence
28
of
life
imprisonment
without
parole
to
a
term
of
years,
29
deny
the
commutation,
or
take
no
action.
Three
months
after
30
a
recommendation
by
the
committee
in
favor
of
commutation
31
was
forwarded
to
the
governor,
if
the
governor
has
taken
no
32
action
on
the
application,
the
committee
shall,
within
30
33
days
of
the
expiration
of
the
three-month
period,
submit
any
34
recommendations
and
reports
to
the
district
court
in
the
county
35
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that
originally
sentenced
the
applicant
for
reconsideration
1
of
the
applicant’s
sentence
pursuant
to
Code
section
902.4A
2
(district
court
reconsideration
of
a
class
“A”
felony
3
sentence),
created
in
the
bill.
At
any
time
after
receipt
of
4
a
recommendation
and
report
from
the
committee,
the
governor
5
may
direct
the
committee
to
submit
any
recommendations
and
6
reports,
within
30
days
after
receiving
direction
from
the
7
governor,
to
the
district
court
for
reconsideration
of
the
8
applicant’s
sentence.
If
the
committee
made
a
recommendation
9
against
commutation
and
the
governor
denied
or
has
not
granted
10
commutation,
the
committee
shall
send
a
summary
report
to
the
11
applicant
within
four
months
of
its
report
accompanied
by
the
12
reasons
for
its
recommendation
against
commutation.
13
The
bill
provides
for
an
expedited
review
of
class
“A”
14
felony
sentences
when
an
applicant
has
a
terminal
illness.
An
15
application
to
the
governor
requesting
that
a
person’s
sentence
16
of
life
imprisonment
be
commuted
to
a
term
of
years
already
17
served
may
be
made
by
an
applicant,
an
applicant’s
family
18
member,
or
any
other
personal
representative
of
an
applicant
19
if
the
applicant
is
terminally
ill
with
an
incurable
condition
20
caused
by
an
illness
or
disease
as
detailed
in
the
bill
and
the
21
conditions
under
which
the
applicant
would
be
released
do
not
22
pose
a
threat
to
public
safety.
23
The
bill
provides
that
upon
receipt
of
the
report
and
24
recommendation
of
the
committee,
the
district
court,
in
the
25
county
that
originally
sentenced
the
applicant,
shall
order
the
26
applicant
to
be
returned
to
the
court,
at
which
time
the
court
27
shall
review
its
previous
sentence
and
reaffirm
the
sentence
28
or
substitute
a
sentence
of
commitment
of
the
applicant
to
29
the
custody
of
the
director
of
the
department
of
corrections
30
for
the
rest
of
the
applicant’s
life
with
the
possibility
of
31
parole.
The
court
shall
conduct
a
hearing
to
consider
any
32
evidence
deemed
appropriate
by
the
court.
The
court
shall
base
33
its
determination
on
the
evidence
of
those
factors
detailed
34
in
the
bill.
The
court’s
decision
to
reaffirm
or
substitute
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