Relating to the commutation of sentence procedure for class “A” felons

This bill relates to the commutation of sentence procedure for class “A” felons. Current law provides that a person who has been sentenced to life imprisonment may, no more frequently than once every years, make an application to the governor requesting that the person’s sentence be commuted to a term of years. The director of the Iowa department of corrections may make a request to the governor requesting that the person’s sentence be commuted to a term of years at any time. The bill provides that in addition to the current commutation procedure allowed under current law, a person who has been sentenced to life imprisonment who has served years may make an application to the governor every years requesting that the person’s sentence be commuted to a term of years if the person is, at the time of each application, classified at the minimum security custody level. The bill provides that a decision by the Iowa board of parole to recommend commutation by the governor shall be by a majority vote of the board. In determining whether to recommend commutation of the applicant’s sentence, the board must consider all circumstances including but not limited to the following factors for inclusion in the board’s written report: whether the applicant has engaged in activities that indicate rehabilitation including participation in rehabilitative, educational, or vocational programs, the utilization of available materials for self-improvement, and participation in other programs designed to promote behavior change and to prepare offenders for successful reentry into the community; the length of time the applicant has exhibited good behavior at the facility; the impact of the applicant’s crime on each victim through the use of victim impact statements; the details of all criminal convictions of the applicant; whether the applicant has expressed remorse and accepted responsibility for the applicant’s crimes; reports of the department of corrections including disciplinary records, whether the applicant has engaged in community service projects, and whether the applicant has been a positive influence on others; whether the applicant was convicted of murder under felony murder law or for aiding and abetting a felony murder but the applicant did not intend for a murder to occur during the commission of the offense; whether the applicant’s sentence of life without parole was entered following a plea signed and accepted by all parties which recommended a different sentence; whether a meaningful plan for housing and support is in place including letters of recommendation indicating the applicant can be a contributing and positive member of society; and the impact of the crime on the community including evidence that circumstances have changed since the sentencing of the applicant indicating the applicant’s continued incarceration is no longer in the interest of justice due to sufficient punishment and rehabilitation.