Branstad expects Legislature will revisit juvenile sentencing

DES MOINES - Gov. Terry Branstad said Monday he expects the Legislature will need to look at revising sentencing policies regarding juvenile offenders in the wake of an Iowa Supreme Court decision that declared mandatory minimum sentences for minors unconstitutional.

'It would be my hope that we could review the court decision and work with the Legislature with the intent of doing something in the next session to address the issue and make sure that the safety of the citizens of Iowa is protected,” Branstad told his weekly news conference.

In a 4-3 decision last week, justices ruled that Iowa law does not draw any distinction between the diminished capacity of a young person and cold and calculated conduct of an adult, and ordered resentencing in several cases.

Dissenting justices raised concern that no other court in the country had gone so far with regard to these types of cases. Several lawmakers expressed disappointment the ruling appeared to set public policy reserved for the legislative branch.

'Iowans rely upon the Legislature to set criminal sentences that are uniform and consistent in their protection of the public, and this ruling plainly subverts the Legislature's role in doing so,” said Rep. Chip Baltimore, R-Boone, chairman of the House Judiciary Committee.

Branstad said the ruling likely will require lawmakers to revisit the issue but not necessarily revamp the entire state criminal sentencing structure.

'I think we're going to work with the Legislature and review and look at what is the appropriate response to make sure that the public in Iowa is protected,” he said.

'When we have a juvenile who commits a murder or a violent, dangerous crime, they're treated as a juvenile and when they turn 18 they can be released,” the governor added. 'We don't want dangerous, violent people being prematurely released injuring our citizens. We don't want to become Chicago.”

Previously, Supreme Courts at the federal and state levels ruled it was cruel and unusual punishment to sentence juveniles to life prison terms without parole for Class A offenses they committed before turning age 18. That prompted Branstad to issue an executive order commuting life sentences that has been handed to Iowa juveniles to minimum terms of 60 years in prison but a number of those cases are coming up for appeal.

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