HF 2583 (LSB 5522HV (4) 88)

HOUSE FILE 2583

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 658)

A BILL FOR

An Act relating to court-ordered reimbursement of jail costs and restitution. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 356.7, subsection 3, Code 2020, is amended to read as follows:
   3.  Upon receipt of a claim for reimbursement, the court shall approve the claim in favor of the sheriff or the county, or the municipality, for the amount owed by the prisoner as identified in the claim and any fees or charges associated with the filing or processing of the claim with the court. The If the sheriff or municipality may choose to enforce the claim in the manner provided in chapter 626. Once approved by the court, the claim for the amount owed by the person shall have the force and effect of a judgment for purposes of enforcement by the sheriff or municipality has not requested the claim be included within the order for payment of restitution as provided pursuant to subsection 2, paragraph “i”, the court-approved claim shall be a civil judgment against the prisoner in favor of the sheriff or the county, or the municipality, and shall be enforceable in the same manner as any other judgment. However, irrespective of whether the judgment lien for the amount of the claim has been perfected, the claim shall not have priority over competing claims for child support obligations owed by the person.
    Sec. 2.  Section 910.2, Code 2020, is amended to read as follows:
   910.2  Restitution or community service to be ordered by sentencing court.
   1.  a.  In all criminal cases in which there is a plea of guilty, verdict of guilty, or special verdict upon which a judgment of conviction is rendered, the sentencing court shall order that restitution be made by each offender to the victims of the offender’s criminal activities, to the clerk of court for fines, penalties, surcharges, and, to the extent that the offender is reasonably able to pay, for the following:
   (1)  Crime victim assistance reimbursement.
   (2)  Restitution to public agencies pursuant to section 321J.2, subsection 13, paragraph “b”.
   (3)  Court costs including correctional fees approved pursuant to section 356.7.
   (4)  Court-appointed attorney fees ordered pursuant to section 815.9, including the expense of a public defender, when applicable.
   (5)  Contribution to a local anticrime organization.
   (6)  Restitution to the medical assistance program pursuant to chapter 249A.
   b.  To the extent an offender is reasonably able to pay, the sentencing court shall order the offender to pay for court-appointed attorney fees ordered pursuant to section 815.9, including the expense of a public defender, when applicable.
   b.  c.  However, victims shall be paid in full before fines, penalties, and surcharges, crime victim compensation program reimbursement, public agencies, court costs including correctional fees approved pursuant to section 356.7, court-appointed attorney fees ordered pursuant to section 815.9, including the expenses of a public defender, contributions to a local anticrime organization, or the medical assistance program are paid.
   c.  d.  In structuring a plan of restitution, the court shall provide for payments in the following order of priority:  
   (1)  Victim.
   (2)  Fines, penalties, and surcharges.
   (3)  Crime victim compensation program reimbursement.
   (4)  Public agencies.
   (5)  Court costs including correctional fees approved pursuant to section 356.7.
   (6)  Court-appointed attorney fees ordered pursuant to section 815.9, including the expense of a public defender.
   (7)  Contribution to a local anticrime organization.
   (8)  The medical assistance program.
   2.  a.  When the offender is not reasonably able to pay all or a part of the crime victim compensation program reimbursement, public agency restitution, court costs including correctional fees approved pursuant to section 356.7, court-appointed attorney fees ordered pursuant to section 815.9, including the expense of a public defender, contribution to a local anticrime organization, or medical assistance program restitution, the court may require the offender, in lieu of that portion of the crime victim compensation program reimbursement, public agency restitution, court costs including correctional fees approved pursuant to section 356.7, court-appointed attorney fees ordered pursuant to section 815.9, including the expense of a public defender, contribution to a local anticrime organization, or medical assistance program restitution for which the offender is not reasonably able to pay payment, to perform a needed public service for a governmental agency or for a private nonprofit agency which provides a service to the youth, elderly, or poor of the community.
   b.  When community service is ordered, the court shall set a specific number of hours of service to be performed by the offender which, for payment of court-appointed attorney fees ordered pursuant to section 815.9, including the expenses of a public defender, shall be approximately equivalent in value to those costs. The judicial district department of correctional services shall provide for the assignment of the offender to a public agency or private nonprofit agency to perform the required service.
    Sec. 3.  Section 910.3, Code 2020, is amended to read as follows:
   910.3  Determination of amount of restitution.
   The county attorney shall prepare a statement of pecuniary damages to victims of the defendant and, if applicable, any award by the crime victim compensation program and expenses incurred by public agencies pursuant to section 321J.2, subsection 13, paragraph “b”, and shall provide the statement to the presentence investigator or submit the statement to the court at the time of sentencing. The clerk of court shall prepare a statement of court-appointed attorney fees ordered pursuant to section 815.9, including the expense of a public defender, and court costs including correctional fees claimed by a sheriff or municipality pursuant to section 356.7, which shall be provided to the presentence investigator or submitted to the court at the time of sentencing. If these statements are provided to the presentence investigator, they shall become a part of the presentence report. If pecuniary damage amounts are not available at the time of sentencing, the county attorney shall provide a statement of pecuniary damages incurred up to that time to the clerk of court. The statement shall be provided no later than thirty days after sentencing. If a defendant believes no person suffered pecuniary damages, the defendant shall so state. If the defendant has any mental or physical impairment which would limit or prohibit the performance of a public service, the defendant shall so state. The court may order a mental or physical examination, or both, of the defendant to determine a proper course of action. At the time of sentencing or at a later date to be determined by the court, the court shall set out the amount of restitution including the amount of public service to be performed as restitution and the persons to whom restitution must be paid, and shall make a finding as to the defendant’s reasonable ability to pay court-appointed attorney fees ordered pursuant to section 815.9, including the expense of a public defender, if applicable. If the full amount of restitution cannot be determined at the time of sentencing, the court shall issue a temporary order determining a reasonable amount for restitution identified up to that time. At a later date as determined by the court, the court shall issue a permanent, supplemental order, setting the full amount of restitution. The court shall enter further supplemental orders, if necessary. These court orders shall be known as the plan of restitution.
    Sec. 4.  Section 910.7, subsection 1, Code 2020, is amended to read as follows:
   1.  At any time during the period of probation, parole, or incarceration, the The offender or the office or individual who prepared the offender’s restitution plan may petition the court on any matter related to the plan of restitution or restitution plan of payment and the court shall grant a hearing if on the face of the petition it appears that a hearing is warranted.  A petition relating to the amount of restitution shall be filed by the offender or the office or individual who prepared the offender’s restitution plan within thirty days of the date of the restitution order. A petition relating to the offender’s reasonable ability to pay court-appointed attorney fees ordered pursuant to section 815.9, including the expense of a public defender, shall be filed within thirty days of the date of the sentencing order or within thirty days of the date of any supplemental restitution order. A petition relating to any other issue may be filed at any time during the offender’s period of probation, parole, or incarceration. An offender’s failure to file a petition within any of the time periods specified in this subsection shall be deemed a waiver of any objection to the offender’s plan of restitution and an acknowledgment by the offender that the offender does have a reasonable ability to pay any court-appointed attorney fees as previously determined by the court.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to court-ordered reimbursement of jail costs and restitution.
   Under current law, a sheriff or municipality may choose to enforce a claim of reimbursement for charges for administrative costs and room and board costs at a jail or municipal holding facility as a civil claim. Once the claim is approved by the court, it shall have the force and effect of a judgment for purposes of enforcement by the sheriff or municipality. Under the bill, if the claim of reimbursement was not requested to be included within the order for payment of restitution, the court-approved claim shall be a civil judgment against the prisoner in favor of the sheriff or county, or the municipality, and is not subject to a court’s determination of the prisoner’s reasonable ability to pay. 
   Current law provides the court must make a determination of an offender’s reasonable ability to pay in a criminal case prior to entering a restitution order against the offender for crime victim assistance reimbursement, restitution to public agencies, court costs including correctional fees, court-appointed attorney fees, contributions to a local anticrime organization, and restitution to the medical assistance program. The bill eliminates the requirement for a court to make a determination of the offender’s reasonable ability to pay except for court-appointed attorney fees ordered pursuant to Code section 815.9. 
   Under current law, when a court makes a determination an offender is not reasonably able to pay, the court may require the offender to perform public service in lieu of payment for crime victim compensation program costs, public agency restitution, court costs, court-appointed attorney fees, contributions to a local anticrime organization, or medical assistance program restitution. Under the bill, a court may only require the offender to perform public service in lieu of payment for court-appointed attorney fees ordered pursuant to Code section 815.9.
   Under current law, if the full amount of restitution cannot be determined at the time of sentencing, the court is required to issue a temporary order determining a reasonable amount for restitution identified at that time, and shall issue a permanent, supplemental order determining the full amount of restitution at a later date. The bill strikes this provision.
   The bill requires the court to make a finding as to the defendant’s reasonable ability to pay court-appointed attorney fees ordered pursuant to Code section 815.9, including the expense of a public defender, at the time of sentencing or a later date to be determined by the court. 
   Under current law, the offender or the office or individual who prepared the offender’s restitution plan may petition the court for a hearing on any matter related to the plan of restitution at any time during the offender’s period of probation, parole, or incarceration. The bill requires a petition for a hearing relating to the amount of restitution to be filed by the offender or the office or individual who prepared the offender’s restitution plan within 30 days of the date of the restitution order. A petition relating to the offender’s reasonable ability to pay court-appointed attorney fees, including the expense of a public defender, shall be filed within 30 days of the date of the sentencing order or within 30 days of the date of any supplemental restitution order. Under the bill, if an offender does not file a petition within the time periods specified in the bill, the failure to file shall be deemed a waiver of any objection to the offender’s plan of restitution and an acknowledgment that the offender has the reasonable ability to pay court-appointed attorney fees as previously determined by the court.