Save Second Chances 

Petition for:

Comprehensive Sentence Reform in the State of lowa 

Petition to:  

The Governor of lowa, Members of the lowa Legislature, and the lowa Department of Corrections 

Overview: 

A Call for Fair, Individualized, and Evidence-Based Criminal Justice Reform 

We, the undersigned citizens and supporters of justice reform, respectfully petition the State of lowa to modernize its criminal sentencing laws by adopting policies that prioritize fairness, accountability, rehabilitation, and public safety while reducing unnecessary incarceration and correcting decades of excessive punishment. 

Our criminal justice system should distinguish between offenders based on their actual conduct, level of participation, age, criminal history, and potential rehabilitation. Mandatory minimum sentencing laws have removed judicial discretion, imposed disproportionately harsh punishments, contributed to prison overcrowding, and denied many deserving individuals the opportunity to demonstrate rehabilitation. 

We urge the lowa lawmakers to enact the following reforms. 

1. Reduce Mandatory Minimum Sentences for Forcible Felonies 

Current mandatory minimum sentencing laws prevent judges from considering the unique circumstances of each case. They often require decades of incarceration regardless of whether the sentence serves justice or public safety. 

We request that lowa: 

A. Reduce Mandatory Minimum sentences for Forcible Felonies

B. Restore Judicial Discretion during sentencing 

C. Create sentencing guidelines allowing judges to evaluate aggravating and mitigating circumstances on an individual basis 

D. Prioritize sentences that balance accountability, public safety, victim interests, and rehabilitation 

Justice should never be determined solely by a mandatory formula. 

2. Create an "Accessory" or Lesser Aiding and Abetting Statute 

Current lowa law treats individuals convicted under aiding and abetting theories the same to principal offenders, even when their level of involvement differs substantially. We request legislation creating separate offenses and sentencing classifications for non- principal participants, including an "Accessory" statute or comparable classification for qualifying cases involving Robbery or Murder. 

This reform should recognize meaningful differences between: 

A. Individuals who planned and committed violent crimes 

B. Individuals whose participation was limited

C. Individuals who were present but did not directly commit the violent act

D. Individuals who neither intended nor anticipated that a homicide would occur Criminal liability should reflect each person's actual conduct and level of culpability. 

3. Restore Judicial Sentencing Discretion for Principal Offenders For principal offenders convicted of forcible felonies, we request that lowa: 

A. Reduce mandatory minimum requirements 

B. Establish sentencing guidelines that permit parole eligibility after serving approximately 30-50% (instead of the current 70%) of a sentence, depending upon the offense and the offenders conduct 

C. Allow judges to impose individualized sentences based upon: 

• Criminal history 
• Level of violence 
• Degree of planning 
• Acceptance of responsibility 
• Risk to public safety 
• Demonstrated rehabilitation 

Judges are in the best position to evaluate the facts of each individualized case. 

4. Establish Separate Sentencing Standards for Accessories and Individuals Convicted Under Aiding and Abetting 

Individuals convicted under aiding and abetting theories should not automatically receive the same mandatory minimum sentences imposed upon principal offenders. 

We ask lowa to establish: 

A. Separate sentencing ranges

B. Elimination of mandatory minimums for qualifying accessories or aiders and abettors 

C. Individualized sentencing hearings 

D. Greater emphasis on rehabilitation, accountability, and proportional punishment 

Equal punishment should not be imposed when responsibility is unequal. 

5. End Mandatory Minimums and Life Without Parole for First-Time Felony Offenders Under Age 21 

Modern neuroscience has demonstrated that the human brain - particularly the regions responsible for impulse control, judgement, emotional regulation, and long-term. decision-making - continues developing way into a person's twenties. Despite the scientific understanding, many young adults remain subject to mandatory minimum sentences and, in some circumstances, life-without-parole sentences that eliminate any meaningful opportunity for redemption. 

At the same time, lowa law recognizes that individuals under the age of 21 often lack mature judgement by restricting their ability to: 

• Purchase alcohol 
• Purchase tobacco products 
• Participate in gambling 
• Engage in other age-restricted activities 

If society acknowledges that people under 21 are still developing in many different important areas of life, our criminal justice system should also recognize that young offenders possess a greater capacity for growth and rehabilitation. 

We therefore request that: 

A. Mandatory minimum sentences not apply for first-time felony offenders who committed offenses before reaching age 21 

B. Life without parole not be imposed on first-time felony offenders under age 21 

C. Courts consider developmental science during sentencing 

D. Young offenders receive periodic opportunities to demonstrate rehabilitation through parole review 

A mistake made during adolescence should not automatically eliminate the possibility of redemption. 

6. Make These Reforms Retroactive 

Justice requires not only future sentences but also past injustices. 

Thousands of incarcerated individuals continue serving lengthy mandatory minimum sentences imposed under laws that no longer reflect modern understandings of justice, rehabilitation, or human development. 

We request that all sentencing reforms apply retroactively by: 

A. Allowing resentencing hearings 

B. Permitting judicial review of existing sentences 

C. Expanding parole eligibility where appropriate 

D. Providing meaningful opportunities for release based on demonstrated rehabilitation and institutional conduct 

Individuals who have already served decades in prison deserve the same consideration as those sentenced under future reforms. 

7. Address Prison Overcrowding Through Sentencing Reform Rather Than Prison Expansion 

Mandatory minimum sentencing laws have significantly contributed to lowa's growing prison population by requiring individuals to remain incarcerated long after they have demonstrated rehabilitation and no longer pose a significant threat to public safety. 

As a result: 

• Correctional facilities become overcrowded 
• Taxpayers bear increasing costs 
• Rehabilitation programs become strained 
• Correctional staff face more outnumbered and difficult working conditions 
• Individuals spend excessive periods incarcerated, increasing institutionalization and reducing successful reentry opportunities 

Spending 2 Billion Dollars building additional prison facilities may temporarily increase capacity, but it does not address the underlying cause of overcrowding. 

If lowa is considering investing billions of dollars in new correctional facilities, lawmakers should first examine whether sentencing reform offers a more cost-effective and sustainable solution. 

Reducing unnecessary incarceration through individualized sentencing, expanded judicial discretion, and meaningful parole opportunities can: 

A. Improve public safety by focusing resources on high-risk offenders 

B. Reduce correctional expenditures 

C. Lower prison overcrowding 

D. Improve rehabilitation outcomes 

E. Strengthen families and communities 

F. Better prepare individuals for successful reintegration into society. 

True reform addresses and fixes the causes of overcrowding rather than simply expanding the capacity of the system. 

8. Conclusion 

Justice is not achieved through punishment alone. It is achieved by ensuring that sentences are fair, proportional, individualized, and informed by modern science and decades of experience. 

We respectfully urge lowa's elected officials to enact comprehensive sentencing reform by: 

A. Reducing mandatory minimum sentences for principal offenders with forcible felonies 

B. Creating an accessory or lesser aiding and abetting statute 

C. Restoring judicial discretion in sentencing 

D. Establishing separate sentencing standards for principal offenders and accessories 

E. Ending mandatory minimums and life without parole for first-time offenders under age 21 

F. Making all reforms retroactive through re-sentencing opportunities 

G. Addressing prison overcrowding through sentencing reform rather than prison expansion. 

These reforms would create a more equitable criminal justice system that protects public safety while recognizing and encouraging rehabilitation, proportional accountability, fiscal responsibility, and the possibility of redemption. Every sentence should fit the crime and individual - not simply the statute. Let's save second chances. 

Written by: Nicholas Haner & Keshawn Houtz-Mayfield