SF1330

Purpose

This bill changes how sentences are served for assaults committed by inmates who are already in correctional facilities. It requires certain assaults to run consecutively to any prior sentence, rather than being served at the same time (or with credit for time already served). The goal is to increase accountability and ensure longer, more certain punishment for assaults while an inmate is in custody.

Main Provisions

• State prison inmates

  • If an inmate in a state correctional facility is convicted of assault while confined (covering specific assault statutes), the new assault sentence must run consecutively to any unexpired portion of the offender’s earlier sentence.
  • The inmate does not receive credit for time served in confinement toward the assault sentence.
  • The inmate will serve the assault sentence in a state correctional facility, even if the assault conviction is a misdemeanor or gross misdemeanor.
  • Relevant sections cited for these offenses include 609.221, 609.222, 609.223, 609.2231, and 609.224.

• Local correctional facility inmates

  • If an inmate of a county jail, county regional jail, county work farm, county workhouse, or other local facility commits assault while confined and the victim is a county sheriff or sheriff’s deputy, the assault sentence must run consecutively to any sentence previously imposed or that may be imposed for any crime/offense for which the person was in custody when the assault occurred.
  • The inmate does not receive credit for time served in confinement toward the assault sentence.
  • The same set of assault statutes (609.221, 609.222, 609.223, 609.2231, 609.224) applies here as well.

Significant Changes to Existing Law

• Replaces concurrent or partially served sentences with mandatory consecutive sentencing for specified assaults committed in confinement.
• Eliminates credit for time served toward the new assault sentence for the time already served on the earlier sentence.
• Extends the consecutive-sentencing rule to certain local, in-custody assaults when the victim is a county sheriff or deputy.

Overall Effect

The bill tightens penalties for assaults occurring in custody, ensuring longer, non-concurrent sentences and removing time-served credit in these cases, with separate provisions for state facilities and certain local facilities.

Relevant Terms consecutive sentences assault state correctional facility unexpired portion earlier sentence credit for time served time served serve in a state correctional facility consecutive to any sentence previously imposed or that may be imposed local correctional facility county jail county regional jail county work farm county workhouse victim: county sheriff or sheriff’s deputy 595 sections: 609.221, 609.222, 609.223, 609.2231, 609.224