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

Under current law, a defendant convicted of a class “A” felony is committed into the custody of the director of the Iowa department of corrections for the rest of the defendant’s life without the possibility of parole, and the defendant cannot be considered for a deferred judgment, suspended sentence, or reconsideration of the defendant’s sentence. This bill creates 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. The bill provides that the life imprisonment review committee members may include representatives from certain stakeholder groups as well as state agencies, and a member from a judicial district department of correctional services. Under the bill, a defendant is eligible to file an application to the life imprisonment review committee if the defendant has served at least years of the defendant’s life sentence. The life imprisonment review committee has discretion to hold a hearing on the defendant’s application. The bill lists numerous factors for the life imprisonment review committee to consider before recommending commutation or reconsideration of a defendant’s sentence. After a review of the facts and circumstances of a defendant’s case, the life imprisonment review committee shall either deny the defendant’s application or recommend the defendant for commutation of the defendant’s sentence to the governor. The life imprisonment review committee may recommend to the governor that a defendant’s sentence be commuted to a sentence of life imprisonment with the possibility of parole based on information presented to the life imprisonment review committee. The bill does not change any existing commutation procedures once the recommendation to the governor is made by the committee. If the governor does not act on the committee’s recommendation within three months, the life imprisonment review committee shall make the recommendation to the district court for reconsideration of the defendant’s sentence in the county that originally sentenced the defendant.4A. The district court shall hold a hearing relating to reconsideration of the defendant’s sentence and shall provide notice to a registered victim. The bill provides factors for the court to consider in deciding to resentence a defendant. The bill provides that a district court may resentence a defendant to a term of years with the possibility of parole if the court finds by clear and convincing evidence that the defendant no longer poses a threat to the community, can be a contributing member of society, and it is in the best interests of the community that the defendant be resentenced. A defendant who is recommended by the life imprisonment review committee and given a commutation or resentencing is eligible for parole subject to the same set of procedures as any other defendant regarding parole. If a defendant’s application to the life sentence review committee is denied, the defendant may submit a new application every four years. For the purposes of the bill, “defendant” is defined as a person convicted of a class “A” felony and sentenced to life imprisonment without the possibility of parole.