SENTENCING AND CORRECTIONS

2006 Priorities

INCREASE IN TOBACCO TAX

The League of Women Voters of Iowa supports an increase in taxes on all tobacco products to improve the health of Iowans by reducing tobacco use. This will save lives and result in lower health-care costs for all.

The League of Women Voters of Iowa supports the implementation of voting systems and procedures that are secure, accurate, recountable, and accessible in order to safeguard the vote and to insure integrity and voter confidence in elections.

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VOTING RIGHTS FOR FELONS.
The League of Women Voters of Iowa believes that all citizens should be protected in their right to vote, and supports the automatic restoration of voting rights for felons who have been discharged.

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Responsive Issues

CHILD WELFARE

LWVIA position: 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)

URGE LEGISLATORS TO VOTE NO ON A CONSTITUTIONAL AMENDMENT ON TAXES

The League of Women Voters of Iowa is opposed to a proposed constitutional amendment which would require a vote of the public if the Legislature votes to increase sales, income, or property taxes by more than one percent of state revenues. The League urges the Iowa Legislature to vote “no” on SJR 2010.

A public referendum violates the concept of representative democracy. We elect our representatives to make fiscal decisions based on objective research, a careful assessment of needs, and fiscal responsibility. The average citizen cannot do this.

A statewide vote is expensive and the money could be better used in other ways.

Even if a constitutional amendment passed, it would not limit taxes. It would just shift taxes to another source. Because much of the state budget is devoted to tax relief, spending reductions would likely shift the burden to another governmental entity.

Constitutional amendments are very difficult to change once they are adopted.

The Legislature could not act independently as they have since Iowa became a state.

States that have passed similar amendments such as California and Colorado have found it difficult to provide effective services to citizens.

LWVIA supports an equitable and flexible Iowa tax system that is progressive and provides sufficient revenue as determined by the Iowa Legislature.
 

Iowa’s Health Initiative

To improve the health of all Iowans by reducing tobacco use and health care expenditures.

Action: To increase Iowa’s excise tax on cigarettes by $1.00 per pack and increase the tax on other tobacco products by a percent consistent with the increase of the tax on cigarettes.

Goals:
       Improve the health of Iowans by decreasing the number of tobacco users and the incidence of  tobacco related death and disease;
       Reduce tobacco use by Iowa’s youth and strengthen the state tobacco use prevention and control program;
       To create additional revenue to support health care programs and services.
Current Situation:
       Current State Cigarette Tax: 36 cents per pack (42nd among all states)
       Last Iowa Cigarette Tax Increase: 06/01/91
       Smoking-caused costs in state per taxed pack sold: $7.43
       Average retail price per pack: $3.54
       Total state Medicaid program smoking costs each year: $277 million
       State cigarette tax revenue each year: $86.9 million (2004)
       High school students in Iowa who smoke: 20%
       Adults in Iowa who smoke: 20%
       Projected Benefits from a $1 Cigarette Tax Increase in Iowa:
       New state cigarette tax revenues each year: $146.9 million
       Pack sales decline in state: - 73.1 million
       Percent decrease in youth smoking: 19.3%
       Increase in total number of kids alive today who will not become smokers: 39,700
       Number of current adult smokers in the state who would quit: 20,900
       Number of smoking affected births avoided over next five years: 6,530
       Number of current adult smokers saved from smoking-caused death: 5,500
       Number of kids alive today saved from premature smoking-caused death: 12,700
       5-year healthcare savings from fewer smoking-affected pregnancies & births: $9.3 million
       5-year healthcare savings from fewer smoking-caused heart attacks & strokes: $8.5 million
       Long-term healthcare savings in state from adult & youth smoking declines: $812.4 million
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AARP - AFSCME - Advocacy Network for Aging Iowans - Ames Tobacco Task Force - American Cancer Society - American Lung Association - American Heart Association – CAFÉ - Central Iowa Tobacco-Free Partnership - Community Family Resources - Ecumenical Ministries of Iowa - Employee & Family Resources - Genesis Health System, Davenport - Grinnell Regional Medical Center - Hospice of North Iowa - Iowa Academy of Family Physicians – Iowa Asthmas - Iowa Association for Home Care - Iowa Association of Rural Health Care Clinics - Iowa Association of Area Agencies on Aging – Iowa Caregivers Association - Iowa Child Care and Early Education Network - Iowa Community Action Association –Iowa Comprehensive Cancer Control Consortium - Iowa Conference United Methodist Churches - Iowa Dental Association - Iowa Department of Public Health - Iowa Dietetic Association - Iowa For Health Care - Iowa Health System - Iowa Hospice Organization - Iowa Hospital Association - Iowa Medical Society - Iowa Nurses Association - Iowa Optometric Association - Iowa Osteopathic Medical Association - Iowa Pharmacy Association - Iowa Physician Assistant Association - Iowa Public Health Association - Iowa State Education Association - Iowa Substance Abuse Program Directors’ Association – JEL - Johnson County Tobacco Free Coalition - Johnson County Board of Health - League of Women Voters of Iowa -March of Dimes - Mercy Medical Center - Mercy Medical Center Clinton - Polk County Medical Society -State Public Policy Group - Tobacco Free Black Hawk County Coalition -Tobacco Free Iowa - Tobacco Use, Prevention & Control - Trinity Regional Health System - Visiting Nurse Service - Zeta Phi Beta Sorority, Inc.
 

MANDATORY ELECTRONIC FILING OF CAMPAIGN FINANCE REPORTS

Iowa’s law regulating campaign finance disclosure reports is outdated. It still allows legislative campaigns to file handwritten reports. It is time Iowa requires reports to be filed electronically over the Internet. Voluntary electronic filing does not work. Candidates fear that if they file electronically they will be at a disadvantage to opponents who mail in reports. As campaigns become more expensive and sophisticated, we need everyone filing electronically to shed light on campaign expenditures. The Iowa Ethics and Campaign Disclosure office now has a system that works.
Electronic filling:

         - Allows immediate access to information rather than waiting days for reports that are mailed

         - Allows us to see who contributes the money, who spends it, and how it is spent.

         - Improves access to records by the press and the public

         - Catches mathematical errors and flags questionable contributions

          - Is accessible to all by using the computer services of a library if the candidate or treasurer does not have a computer

           - Is necessary so the public can track campaign expenditures before an election without going to the Iowa Ethics and Campaign Disclosure Office.