Bill Text: IA HF2433 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act creating a life imprisonment review committee to recommend commutation or reconsideration of a sentence of a class "A" felon serving a sentence of life imprisonment without the possibility of parole.
Spectrum: Moderate Partisan Bill (Republican 8-2)
Status: (Introduced - Dead) 2020-02-19 - Subcommittee Meeting: 02/20/2020 8:00AM House Lounge. [HF2433 Detail]
Download: Iowa-2019-HF2433-Introduced.html
House
File
2433
-
Introduced
HOUSE
FILE
2433
BY
BAXTER
,
HINSON
,
A.
MEYER
,
MITCHELL
,
McKEAN
,
KAUFMANN
,
WOLFE
,
OSMUNDSON
,
OLSON
,
and
GASSMAN
A
BILL
FOR
An
Act
creating
a
life
imprisonment
review
committee
to
1
recommend
commutation
or
reconsideration
of
a
sentence
of
2
a
class
“A”
felon
serving
a
sentence
of
life
imprisonment
3
without
the
possibility
of
parole.
4
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
5
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Section
1.
Section
902.1,
subsection
1,
Code
2020,
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
rest
7
of
the
defendant’s
life.
Nothing
Except
as
otherwise
provided
8
in
section
902.4A,
nothing
in
the
Iowa
corrections
code
9
pertaining
to
deferred
judgment,
deferred
sentence,
suspended
10
sentence,
or
reconsideration
of
sentence
applies
to
a
class
11
“A”
felony
,
and
a
person
.
A
defendant
convicted
of
a
class
12
“A”
felony
shall
not
be
released
on
parole
unless
,
pursuant
13
to
a
recommendation
from
the
Iowa
board
of
parole
pursuant
to
14
section
902.2
or
from
the
life
imprisonment
review
committee
15
created
pursuant
to
section
902.2A,
the
governor
commutes
the
16
defendant’s
sentence
to
a
term
of
years
or
a
district
court
17
reconsiders
the
defendant’s
sentence
and
the
district
court
18
resentences
the
defendant
into
the
custody
of
the
director
of
19
the
department
of
corrections
for
the
rest
of
the
defendant’s
20
life
with
the
possibility
of
parole
.
21
Sec.
2.
Section
902.2,
Code
2020,
is
amended
to
read
as
22
follows:
23
902.2
Commutation
procedure
for
class
“A”
felons.
24
A
person
who
has
been
sentenced
to
life
imprisonment
under
25
section
902.1
may,
no
more
frequently
than
once
every
ten
26
years,
unless
recommended
by
the
life
imprisonment
review
27
committee,
make
an
application
to
the
governor
requesting
that
28
the
person’s
sentence
be
commuted
to
a
term
of
years.
The
29
director
of
the
Iowa
department
of
corrections
may
make
a
30
request
to
the
governor
that
a
person’s
sentence
be
commuted
31
to
a
term
of
years
at
any
time.
Upon
receipt
of
a
request
for
32
commutation,
the
governor
shall
send
a
copy
of
the
request
to
33
the
Iowa
board
of
parole
for
investigation
and
recommendations
34
as
to
whether
the
person
should
be
considered
for
commutation.
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The
board
shall
conduct
an
interview
of
the
class
“A”
felon
and
1
shall
make
a
report
of
its
findings
and
recommendations
to
the
2
governor.
3
Sec.
3.
NEW
SECTION
.
902.2A
Life
imprisonment
review
4
committee.
5
1.
For
the
purposes
of
this
section,
“defendant”
means
a
6
person
convicted
of
a
class
“A”
felony
and
sentenced
to
life
7
imprisonment
without
the
possibility
of
parole.
8
2.
A
life
imprisonment
review
committee
is
established.
9
The
purpose
of
the
committee
shall
be
to
make
commutation
10
recommendations
to
the
governor
or
reconsideration
of
sentence
11
recommendations
to
the
district
court
regarding
class
“A”
12
felons
sentenced
to
life
imprisonment
without
the
possibility
13
of
parole.
Upon
a
defendant’s
application
and
upon
review
14
of
the
facts
and
circumstances
of
the
defendant’s
case,
15
the
committee
may
first
recommend
to
the
governor
that
the
16
defendant’s
sentence
be
commuted
to
a
term
of
years
and
may,
17
if
the
governor
does
not
take
action
on
the
recommendation,
18
subsequently
recommend
the
defendant’s
sentence
be
reconsidered
19
by
the
appropriate
district
court
as
provided
in
section
20
902.4A.
Notwithstanding
any
other
provision
of
the
law
to
21
the
contrary,
and
after
receiving
the
recommendation
of
the
22
committee,
the
governor
may
commute
the
defendant’s
sentence
23
to
a
term
of
years
or
the
district
court
may
resentence
the
24
defendant
to
life
imprisonment
with
the
possibility
of
parole.
25
3.
a.
The
governor
shall
appoint
members
to
the
committee
26
which
may
include
but
are
not
limited
to
representatives
27
from
victim
advocacy
groups,
the
Iowa
state
chapter
of
the
28
national
association
for
the
advancement
of
colored
people
or
29
other
equivalent
organizations
that
benefit
racial
or
ethnic
30
minorities,
community-based
organizations
as
defined
in
section
31
7D.15,
organizations
focused
on
the
reentry
of
incarcerated
32
individuals,
the
department
of
workforce
development,
the
33
department
of
public
safety,
the
office
of
the
attorney
34
general,
and
a
judicial
district
department
of
correctional
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services.
Members
may
also
include
county
attorneys,
law
1
enforcement
officers,
retired
judges,
prison
officials,
prison
2
counselors,
and
clergy.
3
b.
Members
shall
serve
four-year
terms
except
for
the
terms
4
of
the
initial
members,
which
shall
be
staggered
so
that
two
of
5
the
members’
terms
expire
each
calendar
year.
6
4.
A
defendant
may
file
an
application
to
the
life
7
imprisonment
review
committee
for
commutation
of
the
8
defendant’s
sentence
or
resentencing.
A
defendant
shall
not
9
be
eligible
to
have
the
defendant’s
application
reviewed
by
10
the
committee
until
the
defendant
has
served
a
minimum
of
11
twenty-five
years
of
the
defendant’s
life
sentence.
12
5.
The
life
imprisonment
review
committee
may
conduct
a
13
hearing
to
determine
whether
to
recommend
the
defendant
for
14
commutation
of
the
defendant’s
sentence
or
resentencing.
The
15
committee
shall
consider
the
following
factors
in
determining
16
whether
to
recommend
the
defendant
for
commutation
or
17
resentencing:
18
a.
The
defendant
must
have
successfully
progressed
to
a
19
minimum
security
facility
or
a
facility
with
an
equivalent
20
status.
21
b.
The
defendant
must
have
accumulated
a
verifiable
list
22
of
accomplishments
in
prison,
which
may
include
education,
23
apprenticeships,
certifications,
trades,
prison
service
24
achievements,
and
participation
in
rehabilitative
and
25
restorative
justice
programs
and
other
programs
designed
to
26
promote
behavior
change
and
to
prepare
offenders
for
successful
27
reentry
into
the
community.
28
c.
The
defendant’s
case
file
demonstrates
that
the
defendant
29
shows
respect
for
authority
and
has
been
deemed
a
positive
30
influence
on
others.
31
d.
The
defendant’s
application
is
supported
by
a
32
recommendation
or
recommendations
for
review
from
one
or
more
33
of
any
of
the
following
persons:
34
(1)
The
director
of
the
department
of
corrections.
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(2)
The
chairperson
of
the
Iowa
board
of
parole.
1
(3)
The
warden
from
a
prison
where
the
defendant
has
been
2
incarcerated
for
at
least
three
consecutive
years.
3
(4)
A
work
supervisor.
4
6.
The
life
imprisonment
review
committee
may
deny
5
the
defendant’s
application
or
recommend
the
defendant
to
6
the
governor
for
commutation
of
the
defendant’s
sentence.
7
The
governor
may
commute
the
defendant’s
sentence
of
life
8
imprisonment
without
parole
to
a
sentence
of
life
imprisonment
9
with
the
possibility
of
parole
based
on
information
presented
10
to
the
life
imprisonment
review
committee,
notwithstanding
the
11
commutation
procedures
in
section
902.2.
The
governor
shall
12
notify
a
registered
victim
pursuant
to
section
915.18.
If
the
13
life
imprisonment
review
committee
recommends
a
defendant
to
14
the
governor,
the
governor
may
grant
the
commutation,
deny
the
15
commutation,
or
take
no
action.
16
7.
If
the
governor
does
not
take
action
on
a
recommendation
17
from
the
life
imprisonment
review
committee
within
three
18
months,
the
life
imprisonment
review
committee
shall
make
the
19
recommendation
to
the
district
court
for
reconsideration
of
the
20
defendant’s
sentence
in
the
county
that
originally
sentenced
21
the
defendant
pursuant
to
section
902.4A.
22
8.
A
defendant
whose
life
sentence
has
been
commuted
or
23
who
has
been
resentenced
shall
be
placed
on
the
corrections
24
continuum
in
chapter
901B,
and
the
terms
and
conditions
of
25
parole,
including
violations,
shall
be
subject
to
the
same
set
26
of
procedures
specified
in
chapters
906
and
908,
and
rules
27
adopted
under
those
chapters
for
persons
on
parole.
28
9.
A
defendant
denied
commutation
and
resentencing
may
29
submit
a
new
application
to
the
life
imprisonment
review
30
committee
every
four
years.
31
10.
This
section
shall
not
preclude
the
Iowa
board
of
parole
32
from
making
recommendations
as
to
whether
a
defendant
should
be
33
considered
for
commutation
pursuant
to
section
902.2.
34
Sec.
4.
NEW
SECTION
.
902.4A
Reconsideration
of
class
“A”
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felon
sentence.
1
1.
Upon
recommendation
of
the
life
imprisonment
review
2
committee,
the
district
court
in
the
county
that
originally
3
sentenced
a
defendant
convicted
of
a
class
“A”
felony
shall
set
4
a
hearing
to
reconsider
the
defendant’s
sentence.
The
district
5
court
shall
provide
notice
to
any
registered
victim
and
the
6
county
attorney
of
any
county
in
this
state
where
a
conviction
7
occurred.
8
2.
Upon
recommendation
from
the
life
imprisonment
review
9
committee,
the
court
shall
conduct
a
hearing
to
consider
any
10
evidence
deemed
appropriate
by
the
court
including
but
not
11
limited
to
all
of
the
following:
12
a.
The
circumstances
of
the
underlying
crime.
13
b.
Input
from
a
victim.
14
c.
The
defendant’s
accomplishments
in
prison,
which
may
15
include
education,
apprenticeships,
certifications,
trades,
16
prison
service
achievements,
rehabilitative
and
restorative
17
justice
programs,
and
other
programs
designed
to
promote
18
behavior
change
and
to
prepare
all
eligible
offenders
for
19
successful
reentry
into
the
community.
20
d.
The
defendant’s
disciplinary
record
in
prison.
21
e.
Any
recommendations,
including
but
not
limited
to
22
recommendations
from
the
director
of
the
department
of
23
corrections,
the
chairperson
of
the
Iowa
board
of
parole,
the
24
warden
from
a
prison
where
the
defendant
has
been
incarcerated
25
for
at
least
three
consecutive
years,
or
a
work
supervisor.
26
f.
The
defendant’s
prior
convictions
and
periods
of
27
incarceration,
if
any.
28
g.
The
age
of
the
defendant
and
the
defendant’s
chances
of
29
reoffending.
30
h.
The
family
and
community
supports
of
the
defendant.
31
i.
The
defendant’s
employment
background.
32
3.
Upon
the
conclusion
of
the
hearing,
the
district
court
33
may
resentence
the
defendant
to
a
term
of
years
with
the
34
possibility
of
parole
if
the
court
finds
all
of
the
following
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by
clear
and
convincing
evidence:
1
a.
The
defendant
no
longer
poses
a
threat
to
the
community.
2
b.
Based
on
the
defendant’s
conduct
during
incarceration,
3
the
defendant
has
proven
the
defendant
can
be
a
contributing
4
member
of
society.
5
c.
It
is
in
the
best
interests
of
the
community
that
6
the
defendant
be
resentenced
to
a
term
of
years
with
the
7
possibility
of
parole.
8
4.
The
court’s
decision
to
resentence
the
defendant
under
9
this
section
is
not
subject
to
appeal.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
Under
current
law,
a
defendant
convicted
of
a
class
“A”
14
felony
is
committed
into
the
custody
of
the
director
of
the
15
Iowa
department
of
corrections
for
the
rest
of
the
defendant’s
16
life
without
the
possibility
of
parole,
and
the
defendant
17
cannot
be
considered
for
a
deferred
judgment,
suspended
18
sentence,
or
reconsideration
of
the
defendant’s
sentence.
This
19
bill
creates
a
life
imprisonment
review
committee
to
recommend
20
commutation
or
reconsideration
of
a
sentence
of
a
class
“A”
21
felon
serving
a
sentence
of
life
imprisonment
without
the
22
possibility
of
parole.
23
The
bill
provides
that
the
life
imprisonment
review
24
committee
members
may
include
representatives
from
certain
25
stakeholder
groups
as
well
as
state
agencies,
and
a
member
from
26
a
judicial
district
department
of
correctional
services.
27
Under
the
bill,
a
defendant
is
eligible
to
file
an
28
application
to
the
life
imprisonment
review
committee
if
the
29
defendant
has
served
at
least
25
years
of
the
defendant’s
30
life
sentence.
The
life
imprisonment
review
committee
has
31
discretion
to
hold
a
hearing
on
the
defendant’s
application.
32
The
bill
lists
numerous
factors
for
the
life
imprisonment
33
review
committee
to
consider
before
recommending
commutation
34
or
reconsideration
of
a
defendant’s
sentence.
After
a
review
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of
the
facts
and
circumstances
of
a
defendant’s
case,
the
life
1
imprisonment
review
committee
shall
either
deny
the
defendant’s
2
application
or
recommend
the
defendant
for
commutation
of
the
3
defendant’s
sentence
to
the
governor.
4
The
life
imprisonment
review
committee
may
recommend
to
5
the
governor
that
a
defendant’s
sentence
be
commuted
to
a
6
sentence
of
life
imprisonment
with
the
possibility
of
parole
7
based
on
information
presented
to
the
life
imprisonment
review
8
committee.
The
bill
does
not
change
any
existing
commutation
9
procedures
once
the
recommendation
to
the
governor
is
made
by
10
the
committee.
If
the
governor
does
not
act
on
the
committee’s
11
recommendation
within
three
months,
the
life
imprisonment
12
review
committee
shall
make
the
recommendation
to
the
district
13
court
for
reconsideration
of
the
defendant’s
sentence
in
the
14
county
that
originally
sentenced
the
defendant.
15
The
bill
provides
that
the
district
court
in
the
county
16
that
originally
sentenced
the
defendant
may
review
the
court’s
17
previous
action
and
reaffirm
the
sentence
or
resentence
the
18
defendant
to
a
life
sentence
with
the
possibility
of
parole,
19
pursuant
to
new
Code
section
902.4A.
The
district
court
shall
20
hold
a
hearing
relating
to
reconsideration
of
the
defendant’s
21
sentence
and
shall
provide
notice
to
a
registered
victim.
22
The
bill
provides
factors
for
the
court
to
consider
in
23
deciding
to
resentence
a
defendant.
The
bill
provides
that
a
24
district
court
may
resentence
a
defendant
to
a
term
of
years
25
with
the
possibility
of
parole
if
the
court
finds
by
clear
and
26
convincing
evidence
that
the
defendant
no
longer
poses
a
threat
27
to
the
community,
can
be
a
contributing
member
of
society,
and
28
it
is
in
the
best
interests
of
the
community
that
the
defendant
29
be
resentenced.
30
A
defendant
who
is
recommended
by
the
life
imprisonment
31
review
committee
and
given
a
commutation
or
resentencing
is
32
eligible
for
parole
subject
to
the
same
set
of
procedures
33
as
any
other
defendant
regarding
parole.
If
a
defendant’s
34
application
to
the
life
sentence
review
committee
is
denied,
35
-7-
LSB
5543YH
(8)
88
hf/rh
7/
8
