901A.2 Enhanced sentencing. 1. A person convicted of a sexually predatory offense which is a serious or aggravated misdemeanor, who has a prior conviction for a sexually predatory offense, shall besentenced to and shall serve twice the maximum period of incarceration for the offense,notwithstanding any other provision of the Code to the contrary, prior to being eligible forparole or work release. A person sentenced under this subsection shall not have the person’ssentence reduced under chapter 903A or otherwise by more than fifteen percent. 2. A person convicted of a sexually predatory offense which is a serious or aggravated misdemeanor, who has two or more prior convictions for sexually predatory offenses, shallbe sentenced to and shall serve a period of incarceration of ten years, notwithstanding anyother provision of the Code to the contrary. A person sentenced under this subsection shallnot have the person’s sentence reduced under chapter 903A or otherwise by more than fifteenpercent. 3. Except as otherwise provided in subsection 5, a person convicted of a sexually predatory offense which is a felony, who has a prior conviction for a sexually predatoryoffense, shall be eenpercent. 3. Except as otherwise provided in subsection 5, a person convicted of a sexually predatory offense which is a felony, who has a prior conviction for a sexually predatoryoffense, shall be sentenced to and shall serve twice the maximum period of incarceration forthe offense, or twenty-five years, whichever is greater, notwithstanding any other provisionof the Code to the contrary. A person sentenced under this subsection shall not have theperson’s sentence reduced under chapter 903A or otherwise by more than fifteen percent. 4. Except as otherwise provided in subsection 5, a person convicted of a sexually predatory offense which is a felony who has previously been sentenced under subsection3 shall be sentenced to life in prison on the same terms as a class 'A' felon under section902.1, notwithstanding any other provision of the Code to the contrary. In order for a personto be sentenced under this subsection, the prosecuting attorney shall allege and prove thatthis section is applicable to the person. 5. A person who has been convicted of a violation of section 709.3, subsection 1, paragraph 'b', shall, upon a second conviction for a violation of section 709.3, section is applicable to the person. 5. A person who has been convicted of a violation of section 709.3, subsection 1, paragraph 'b', shall, upon a second conviction for a violation of section 709.3, subsection1, paragraph 'b', be committed to the custody of the director of the Iowa department ofcorrections for the rest of the person’s life. In determining whether a conviction is a first orsecond conviction under this subsection, a prior conviction for a criminal offense committedin another jurisdiction which would constitute a violation of section 709.3, subsection1, paragraph 'b', if committed in this state, shall be considered a conviction under thissubsection. The terms and conditions applicable to sentences for class 'A' felons underchapters 901 through 909 shall apply to persons sentenced under this subsection. 6. A person who has been placed in a transitional release program, released with supervision, or discharged pursuant to chapter 229A, and who is subsequently convictedof a sexually predatory offense or a sexually violent offense, shall be sentenced to life inprison on the same terms as a class 'A' felon under section 902.1, notwithstanding any otherprovision of the f a sexually predatory offense or a sexually violent offense, shall be sentenced to life inprison on the same terms as a class 'A' felon under section 902.1, notwithstanding any otherprovision of the Code to the contrary. The terms and conditions applicable to sentencesfor class 'A' felons under chapters 901 through 909 shall apply to persons sentenced underthis subsection. However, if the person commits a sexually violent offense which is a misdemeanor offense under chapter 709, the person shall be sentenced to life in prison, witheligibility for parole as provided in chapter 906. 7. A person sentenced under the provisions of this section shall not be eligible for deferred judgment, deferred sentence, or suspended sentence. 8. In addition to any other sentence imposed on a person convicted of a sexually predatory offense pursuant to subsection 1, 2, or 3, the person shall be sentenced to an additional term ofparole or work release not to exceed two years. The board of parole shall determine whetherthe person should be released on parole or placed in a work release program. The sentenceof parole supervision shall commence immediately upon the person’s release by the boardof parole ermine whetherthe person should be released on parole or placed in a work release program. The sentenceof parole supervision shall commence immediately upon the person’s release by the boardof parole and shall be under the terms and conditions as set out in chapter 906. Violationsof parole or work release shall be subject to the procedures set out in chapter 905 or 908 orrules adopted under those chapters. For purposes of disposition of a parole violator uponrevocation of parole or work release, the sentence of an additional term of parole or work Sat Dec 23 12:36:13 2023 Iowa Code 2024, Section 901A.2 (21, 0) §901A.2, SEXUALLY PREDATORY OFFENSES 2 release shall be considered part of the original term of commitment to the department ofcorrections. 96 Acts, ch 1082, §4; 98 Acts, ch 1171, §19, 20; 2002 Acts, ch 1139, §24, 27; 2013 Acts, ch 90, §255; 2018 Acts, ch 1165, §106; 2019 Acts, ch 59, §231 Sat Dec 23 12:36:13 2023 Iowa Code 2024, Section 901A.2 (21, 0)
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