Amendment H-1070 to HF 712

Filed March 21, 2019 in the House by

What it changes

1. By striking everything after the enacting clause and inserting: “Section
2. Section 356.15, Code 2019, is amended to read as follows: 356.15 Expenses. All charges and expenses for the safekeeping and maintenance of prisoners shall be allowed by the board of supervisors, except those committed or detained by the authority of the courts of the United States, in which cases the United States must pay such expenses to the county, or those committed for violation of a city ordinance, in which case the city shall pay expenses to the county, or those committed or detained from another state, in which case the governmental entity from the other state sending the prisoners shall pay expenses to the county , or those committed or detained pursuant to section 902.3B, in which case the department of corrections shall pay expenses to the county . Sec.
3. NEW SECTION . 902.3B Indeterminate sentencing —— pilot program for persons convicted of second degree theft.
4. A pilot program for indeterminate sentencing of persons convicted of second degree theft under section 714.2, subsection 2, is created in the department of corrections and shall be administered by a division of the department of corrections in cooperation with the department of public safety. The pilot program shall be for a period of five years.
5. a. Notwithstanding section 902.3, when a judgment of conviction under section 714.2, subsection 2, is entered against a person, the court, in imposing a sentence of confinement, may commit the person into the custody of the director of the Iowa department of corrections for an indeterminate term not to exceed five years, with a mandatory minimum term of between thirty days and one year, to be served in the county jail. A person shall not be sentenced to a county jail which does not have a work release program. b. The court may make all determinations and orders concerning the work release of a person sentenced under this subsection pursuant to sections 356.26 to 356.35. c. The department of corrections shall be responsible for the costs and expenses associated with the housing and work release supervision of a person ordered to serve an indeterminate term in the county jail pursuant to this subsection and shall reimburse the county for the costs and expenses incurred for housing and work release supervision of the person in the county jail.
6. Upon completion of the five-year pilot program, the department of corrections, in cooperation with the department of public safety, shall submit a pilot program progress report to the general assembly by December 1,
7. The pilot program progress report shall detail the effectiveness of the pilot program established under this section and shall make recommendations concerning program continuation or termination.
8. This section is repealed July 1,
9. ”
10. Title page, by striking lines 1 and 2 and inserting “An Act relating to the establishment of an indeterminate sentencing pilot program for persons convicted of second degree theft.”

Official amendment (PDF) · In the Bill Book