Priorities 2004

CHILD WELFARE

The League supports the state’s attempt to design the most efficient ways to deliver services to children and families at risk. We are, however, very concerned that the current level of funding is inadequate to provide child abuse protection, family support services, counseling, and quality child care even after efficiencies are found.

REPRODUCTIVE CHOICE

The League believes that public policy in a pluralistic society must affirm the constitutional right of privacy of the individual to make reproductive choices and opposes any further restrictions on abortions.

The LWVIA supports an indeterminate sentencing structure.

[Under an indeterminate sentencing structure the legislature sets the maximum sentence length of a prison term that can be imposed. If the judge sends the offender to prison, the release authority, such as the Board of Parole, in consultation with the Department of Corrections, later determines how long the offender will serve, up to the maximum sentence. The inmate can be released prior to serving the maximum term. However, mandatory minimum sentences prohibit the Board of Parole from considering inmates for release until the mandatory minimum sentence has been served.]

Mandatory minimum sentences refer to some felony charges that require serving 70% of the maximum sentence before becoming eligible for consideration for parole. Other mandatory minimum sentences require 50% of the maximum term, 1/3 of the maximum term, or statutorily require a mandatory length such as 3 years, 5 years, or 10 years before becoming eligible for parole. Mandatory minimum sentences have made Iowa’s sentencing structure more determinate.

Of the 8,361 inmates incarcerated on June 30, 2003, 1,884 or about 23% were serving a mandatory sentence. Of those with active mandatory minimum terms, over half (54%) were drug-related; 39% were sentenced under Iowa Code Sections 901A (sexual predatory offenses) or 902.12 which requires 70% of the term to be served. (CJJP)
Repealing mandatory minimum sentences provides an opportunity for inmates to be considered for parole, it doesn’t mean they will be released. Release will occur prior to expiration of the full sentence only if the Parole Board deems them at low risk of reoffending.

Iowa prisons exceed capacity by 21%. If current offender behaviors and justice trends, policies and practices continue, Iowa prison population may be expected to exceed official capacity by 2,107 inmates or by about 29.2% by June 30, 2006. (IA Prison Population Forecast FY 2004-2014, CJJP)

The legislature acted in 2004 to reduce mandatory minimum sentences for certain of the more violent crimes from 85% to 70%. This has saved 2,127 prisoner days. (CJJP) The average daily cost of maintaining an inmate is $58.50. (1/1/03 data)

Substance abuse is a medical condition requiring inpatient and/or outpatient treatment, depending on the needs of the patient. Release should be based on progress in treatment. Outpatient after care services can be provided or supervised by community corrections. Substance abuse treatment is readily available in many communities.

It is time to repeal mandatory minimum sentences for drug offenses. Some sentences are extraordinarily long due to several drug sentences running consecutively, all of them carrying mandatory minimum sentences. Allow the Parole Board to exercise discretion to consider the individual circumstances and make release decisions based on the risk of the offender.

Indiana, North Dakota, Connecticut, Missouri, Arizona, Mississippi, Michigan and Louisiana have repealed or reduced selected mandatory minimum sentences primarily for drug offenses. Michigan will save an estimated $41 million this year because of the reforms. (Families Against Mandatory Minimums, Justice Policy Institute)