11 resultados para Penalty clauses

em Iowa Publications Online (IPO) - State Library, State of Iowa (Iowa), United States


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The Division of Criminal and Juvenile Justice Planning issued its first state legislation monitoring report in February 2002, covering the first six month’s impact of Senate File 543 on the justice system. SF 543, enacted during the 2001 legislative session, changed the maximum penalty for first-offense Burglary-3rd degree, and established new sentencing options available to the court: * An alternative determinate prison sentence for certain Class D felons * Extended felony sentence reconsideration from 90 days to one year

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The Division of Criminal and Juvenile Justice Planning issued its first state legislation monitoring report in February 2002, covering the first six months’ impact of Senate File 543 (which enacted a number of sentencing changes) on the justice system; monitoring of the correctional impact of this bill was at the request of several members of the legislature. Since then, the Criminal and Juvenile Justice Planning Advisory Council has requested that CJJP monitor the correctional impact of enacted legislation of particular interest. This report covers monitoring results or future plans to monitor the following: 1. Changes in “crack” cocaine and “powder” cocaine penalties under Chapter 124.401 (effective FY2004; see p.3). 2. Commitments to prison involving manufacture, distribution, or possession of methamphetamine under Chapter 124.401 (see p.5). 3. Prosecution of offenders for child endangerment under Chapter 726.6(g) for permitting the presence of a child or minor at a location where a controlled substance manufacturing or a product possession violation occurs (see p.7). 4. Provision of an enhanced penalty for manufacturing of controlled substances under Chapter 124.401C when children are present and the offender is not charged under section 726.6(g) (see p. 7). 5. Creating a new offense when a retailer sells more than two packages of any product containing pseudoephedrine (chapter 126.23A) and providing for an enhanced penalty under Chapter 714.7C when a theft involves more than two packages of similar products (see p.8). 6. Establishment of parole eligibility at 70% of time served for persons sentenced under the “85% law” provisions of Iowa Code Section 902.12. (effective FY2005; see p. 9).

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When a court imposes a fine or forfeiture for a violation of state law, or city or county ordinance, except an ordinance regulating the parking of motor vehicles, the court or the clerk of the district court shall assess an additional penalty in the form of a criminal penalty surcharge equal to thirty-five percent of the fine or forfeiture imposed.

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Sign vandalism has traditionally been a vexing problem for Iowa counties. The extent of the cost and incidence of these acts have never been fully ascertained, but a 1990 survey indicated that they cost Iowa counties more than 1.5 million dollars annually. In 1990, the Iowa Legislature recognized the seriousness of the problem and strengthened the existing sign vandalism law by increasing the penalty for illegal possession of a traffic control device from a simple to a serious misdemeanor. However, the courts must be willing to prosecute vandals to the magnitude provided in the Iowa Code. An educational campaign begun in 1987 involving over 200 Iowa school districts to educate students on the seriousness of the problem evidently did not have the effect of dramatically reducing the overall cost of sign vandalism in Iowa. This study sought to define the scope of the problem and possibly offer some effective countermeasures to combat sign vandalism and theft in Iowa.

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The Division of Criminal and Juvenile Justice Planning issued its first state legislation monitoring report in February 2002, covering the first six month’s impact of Senate File 543 on the justice system. SF 543, enacted during the 2001 legislative session, changed the maximum penalty for first-offense Burglary-3rd degree, and established new sentencing options available to the court: * An alternative determinate prison sentence for certain Class D felons * Extended felony sentence reconsideration from 90 days to one year

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The Division of Criminal and Juvenile Justice Planning issued its first state legislation monitoring report in February 2002, covering the first six month’s impact of Senate File 543 on the justice system. SF 543, enacted during the 2001 legislative session, changed the maximum penalty for first-offense Burglary-3rd degree, and established new sentencing options available to the court: * An alternative determinate prison sentence for certain Class D felons * Extended felony sentence reconsideration from 90 days to one year

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The Division of Criminal and Juvenile Justice Planning issued its first state legislation monitoring report in February 2002, covering the first six month’s impact of Senate File 543 on the justice system. SF 543, enacted during the 2001 legislative session, changed the maximum penalty for first-offense Burglary-3rd degree, and established new sentencing options available to the court: * An alternative determinate prison sentence for certain Class D felons * Extended felony sentence reconsideration from 90 days to one year

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The Division of Criminal and Juvenile Justice Planning issued its first state legislation monitoring report in February 2002, covering the first six month’s impact of Senate File 543 on the justice system. SF 543, enacted during the 2001 legislative session, changed the maximum penalty for first-offense Burglary-3rd degree, and established new sentencing options available to the court: * An alternative determinate prison sentence for certain Class D felons * Extended felony sentence reconsideration from 90 days to one year

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Incentive/disincentive clauses (I/D) are designed to award payments to contractors if they complete work ahead of schedule and to deduct payments if they exceed the completion time. A previously unanswered question is, “Did the costs of the actual work zone impacts that were avoided justify the incentives paid?” This report answers that question affirmatively based on an evaluation of 20 I/D projects in Missouri from 2008 to 2011. Road user costs (RUC) were used to quantify work zone impacts and included travel delays, vehicle operating costs, and crash costs. These were computed using work zone traffic conditions for partial-closure projects and detour volumes and routes for full-closure projects. Conditions during construction were compared to after construction. Crash costs were computed using Highway Safety Manual methodology. Safety Performance Functions produced annual crash frequencies that were translated into crash cost savings. In considering an average project, the percentage of RUC savings was around 13% of the total contract amount, or $444,389 of $3,464,620. The net RUC savings produced was around $7.2 million after subtracting the approximately $1.7 million paid in incentives. In other words, for every dollar paid in incentives, approximately 5.3 dollars of RUC savings resulted. I/D provisions were very successful in saving RUC for projects with full-closure, projects in urban areas, and emergency projects. Rural, non-emergency projects successfully saved RUC but not at the same level as other projects. The I/D contracts were also compared to all Missouri Department of Transportation contracts for the same time period. The results show that I/D projects had a higher on-time completion percentage and a higher number of bids per call than average projects. But I/D projects resulted in 4.52% higher deviation from programmed costs and possibly more changes made after the award. A survey of state transportation departments and contractors showed that both agreed to the same issues that affect the success of I/D contracts. Legal analysis suggests that liquidated damages is preferred to disincentives, since enforceability of disincentives may be an issue. Overall, in terms of work zone impact mitigation, I/D contracts are very effective at a relatively low cost.

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Deterring abuse is important to ensuring safety among domestic violence and assault victims. Protective orders are tools aimed at restricting contact between the victim and the abuser to prevent subsequent violence. While empirical research has indicated that protective orders are effective, the extent of the effectiveness is uncertain because violation rates have varied widely from study to study. In addition, little research exists to explain how violations of protective orders are handled, which factors are considered when giving penalties, and whether certain situations lead to a given type of penalty.

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When a court imposes a fine or forfeiture for a violation of state law, or city or county ordinance, except an ordinance regulating the parking of motor vehicles, the court or the clerk of the district court shall assess an additional penalty in the form of a criminal penalty surcharge equal to thirty-five percent of the fine or forfeiture imposed.