Iowa-2019-HF524-Introduced

H.F. 524 Section 1. Section 903A.5, subsection 1, Code 2019, is 1 amended to read as follows: 2 1. An inmate shall not be discharged from the custody of the 3 director of the Iowa department of corrections until the inmate 4 has served the full term for which the inmate was sentenced, 5 less earned time and other credits earned and not forfeited, 6 unless the inmate is pardoned or otherwise legally released. 7 Earned time accrued and not forfeited shall apply to reduce a 8 mandatory minimum sentence being served pursuant to section 9 124.406 , 124.413 , 902.7 , 902.8 , 902.8A , or 902.11 , or 902.12 . 10 An inmate shall be deemed to be serving the sentence from the 11 day on which the inmate is received into the institution. If 12 an inmate was confined to a county jail, municipal holding 13 facility, or other correctional or mental facility at any time 14 prior to sentencing, or after sentencing but prior to the case 15 having been decided on appeal, because of failure to furnish 16 bail or because of being charged with a nonbailable offense, 17 the inmate shall be given credit for the days already served 18 upon the term of the sentence. However, if a person commits 19 any offense while confined in a county jail, municipal holding 20 facility, or other correctional or mental health facility, 21 the person shall not be granted credit for that offense. 22 Unless the inmate was confined in a correctional facility, the 23 sheriff of the county in which the inmate was confined or the 24 officer in charge of the municipal holding facility in which 25 the inmate was confined shall certify to the clerk of the 26 district court from which the inmate was sentenced and to the 27 department of corrections’ records administrator at the Iowa 28 medical and classification center the number of days so served. 29 The department of corrections’ records administrator, or the 30 administrator’s designee, shall apply credit as ordered by the 31 court of proper jurisdiction or as authorized by this section 32 and section 907.3, subsection 3 . 33 EXPLANATION 34 The inclusion of this explanation does not constitute agreement with 35 -1- LSB 2358HH (2) 88 as/rh 1/ 2

H.F. 524 the explanation’s substance by the members of the general assembly. 1 This bill relates to earned time applied to reduce certain 2 mandatory minimum felony sentences. 3 The bill adds the felonies included in Code section 902.12, 4 which are subject to a mandatory minimum period of confinement 5 prior to eligibility for parole or work release, to the list of 6 offenses for which earned time accrued and not forfeited shall 7 apply to reduce a mandatory minimum sentence being served. An 8 inmate is deemed to be serving the sentence from the day on 9 which the inmate is received into the institution. 10 The felonies described in Code section 902.12 include: 11 murder in the second degree; attempted murder, except attempted 12 murder against a peace officer; sexual abuse in the second 13 degree; kidnapping in the second degree; robbery in the first 14 or second degree, except for a conviction of robbery in the 15 second degree that occurs on or after July 1, 2016; vehicular 16 homicide when the person unintentionally causes the death of 17 another by operating a motor vehicle while intoxicated, or when 18 the person unintentionally causes the death of another in a 19 reckless manner with willful or wanton disregard for the safety 20 of persons or property, or when the person unintentionally 21 causes the death of another when eluding or attempting to elude 22 a pursuing law enforcement vehicle if the death of the other 23 person directly or indirectly results from the violation and if 24 the person was also convicted of failing to remain at the scene 25 of an accident that resulted in the death of another person; 26 and child endangerment that resulted in the death of a child or 27 minor. 28 -2- LSB 2358HH (2) 88 as/rh 2/ 2