Iowa HF 2433: 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.

Bill Text

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 to1
recommend commutation or reconsideration of a sentence of2
a class “A” felon serving a sentence of life imprisonment3
without the possibility of parole.4
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:5
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H.F. 2433
Section 1. Section 902.1, subsection 1, Code 2020, is1
amended to read as follows:2
1. Upon a plea of guilty, a verdict of guilty, or a special3
verdict upon which a judgment of conviction of a class “A”4
felony may be rendered, the court shall enter a judgment of5
conviction and shall commit the defendant into the custody of6
the director of the Iowa department of corrections for the rest7
of the defendant’s life. Nothing Except as otherwise provided8
in section 902.4A, nothing in the Iowa corrections code9
pertaining to deferred judgment, deferred sentence, suspended10
sentence, or reconsideration of sentence applies to a class11
“A” felony, and a person. A defendant convicted of a class12
“A” felony shall not be released on parole unless, pursuant13
to a recommendation from the Iowa board of parole pursuant to14
section 902.2 or from the life imprisonment review committee15
created pursuant to section 902.2A, the governor commutes the16
defendant’s sentence to a term of years or a district court17
reconsiders the defendant’s sentence and the district court18
resentences the defendant into the custody of the director of19
the department of corrections for the rest of the defendant’s20
life with the possibility of parole.21
Sec. 2. Section 902.2, Code 2020, is amended to read as22
follows:23
902.2 Commutation procedure for class “A” felons.24
A person who has been sentenced to life imprisonment under25
section 902.1 may, no more frequently than once every ten26
years, unless recommended by the life imprisonment review27
committee, make an application to the governor requesting that28
the person’s sentence be commuted to a term of years. The29
director of the Iowa department of corrections may make a30
request to the governor that a person’s sentence be commuted31
to a term of years at any time. Upon receipt of a request for32
commutation, the governor shall send a copy of the request to33
the Iowa board of parole for investigation and recommendations34
as to whether the person should be considered for commutation.35
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H.F. 2433
The board shall conduct an interview of the class “A” felon and1
shall make a report of its findings and recommendations to the2
governor.3
Sec. 3. NEW SECTION. 902.2A Life imprisonment review4
committee.5
1. For the purposes of this section, “defendant” means a6
person convicted of a class “A” felony and sentenced to life7
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 commutation10
recommendations to the governor or reconsideration of sentence11
recommendations to the district court regarding class “A”12
felons sentenced to life imprisonment without the possibility13
of parole. Upon a defendant’s application and upon review14
of the facts and circumstances of the defendant’s case,15
the committee may first recommend to the governor that the16
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 reconsidered19
by the appropriate district court as provided in section20
902.4A. Notwithstanding any other provision of the law to21
the contrary, and after receiving the recommendation of the22
committee, the governor may commute the defendant’s sentence23
to a term of years or the district court may resentence the24
defendant to life imprisonment with the possibility of parole.25
3. a. The governor shall appoint members to the committee26
which may include but are not limited to representatives27
from victim advocacy groups, the Iowa state chapter of the28
national association for the advancement of colored people or29
other equivalent organizations that benefit racial or ethnic30
minorities, community-based organizations as defined in section31
7D.15, organizations focused on the reentry of incarcerated32
individuals, the department of workforce development, the33
department of public safety, the office of the attorney34
general, and a judicial district department of correctional35
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services. Members may also include county attorneys, law1
enforcement officers, retired judges, prison officials, prison2
counselors, and clergy.3
b. Members shall serve four-year terms except for the terms4
of the initial members, which shall be staggered so that two of5
the members’ terms expire each calendar year.6
4. A defendant may file an application to the