Text: H05921 Text: H05923 Text: H05900 - H05999 Text: H Index Bills and Amendments: General Index Bill History: General Index
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PAG LIN 1 1 Amend House File 2458, as amended, passed, and 1 2 reprinted by the House, as follows: 1 3 #1. Page 2, by striking lines 14 and 15 and 1 4 inserting the following: 1 5 "An attorneywho has not entered into a contract1 6authorized under section 13B.4 andwho is appointed by 1 7 the court to". 1 8 #2. Page 2, by striking lines 24 through 28 and 1 9 inserting the following: "and necessary briefs in 1 10 behalf of the defendant. Such attorney need not 1 11 follow the case". 1 12 #3. By striking page 4, line 28, through page 5, 1 13 line 12. 1 14 #4. Page 5, by inserting after line 12 the 1 15 following: 1 16 "Sec. . NEW SECTION. 901A.1 CORRECTIONS 1 17 CONTINUUM – INTERMEDIATE CRIMINAL SANCTIONS PROGRAM. 1 18 1. The corrections continuum consists of the 1 19 following: 1 20 a. LEVEL ONE. Noncommunity-based corrections 1 21 sanctions including the following: 1 22 (1) SELF-MONITORED SANCTIONS. Self-monitored 1 23 sanctions which are not monitored for compliance 1 24 including, but not limited to, fines and community 1 25 service. 1 26 (2) OTHER THAN SELF-MONITORED SANCTIONS. Other 1 27 than self-monitored sanctions which are monitored for 1 28 compliance by other than the district department of 1 29 correctional services including, but not limited to, 1 30 mandatory mediation, victim and offender 1 31 reconciliation, and noncommunity-based corrections 1 32 supervision. 1 33 b. LEVEL TWO. Probation and parole options 1 34 consisting of the following: 1 35 (1) MONITORED SANCTIONS. Monitored sanctions are 1 36 administrative supervision sanctions which are 1 37 monitored for compliance by the district department of 1 38 correctional services and include, but are not limited 1 39 to, low-risk offender-diversion programs. 1 40 (2) SUPERVISED SANCTIONS. Supervised sanctions 1 41 are regular probation or parole supervision and any 1 42 conditions established in the probation or parole 1 43 agreement or by court order. 1 44 (3) INTENSIVE SUPERVISION SANCTIONS. Intensive 1 45 supervision sanctions provide levels of supervision 1 46 above sanctions in subparagraph (2) but are less 1 47 restrictive than sanctions under paragraph "c" and 1 48 include electronic monitoring, day reporting, day 1 49 programming, live out programs for persons on work 1 50 release or who have violated chapter 321J, and 2 1 institutional work release under section 904.910. 2 2 c. LEVEL THREE. Quasi-incarceration sanctions. 2 3 Quasi-incarceration sanctions are those supported by 2 4 residential facility placement or twenty-four hour 2 5 electronic monitoring including, but not limited to, 2 6 the following: 2 7 (1) Residential treatment facilities. 2 8 (2) Operating while intoxicated offender treatment 2 9 facilities. 2 10 (3) Work release facilities. 2 11 (4) House arrest with electronic monitoring. 2 12 d. LEVEL FOUR. Short-term incarceration designed 2 13 to be of short duration, including, but not limited 2 14 to, the following: 2 15 (1) Twenty-one-day shock probation for persons who 2 16 violate chapter 321J. 2 17 (2) Jail for less than thirty days. 2 18 (3) Violators' facilities. 2 19 e. LEVEL FIVE. Incarceration which consists of 2 20 the following: 2 21 (1) Prison. 2 22 (2) Jail for thirty days or longer. 2 23 2. "Intermediate criminal sanctions program" means 2 24 a program structured around the corrections continuum 2 25 in subsection 1, describing sanctions and services 2 26 available in each level of the continuum in the 2 27 district and containing the policies of the district 2 28 department of correctional services regarding 2 29 placement of a person in a particular level of 2 30 sanction and the requirements and conditions under 2 31 which a defendant will be transferred between levels 2 32 in the corrections continuum under the program. 2 33 3. An intermediate criminal sanctions program 2 34 shall consist of only levels two, three, and four of 2 35 the corrections continuum and shall be operated in 2 36 accordance with an intermediate criminal sanctions 2 37 plan adopted by the chief judge of the judicial 2 38 district and the director of the judicial district 2 39 department of correctional services. The plan adopted 2 40 shall be designed to reduce probation revocations to 2 41 prison through the use of incremental, community-based 2 42 sanctions for probation violations. 2 43 The plan shall be subject to rules adopted by the 2 44 department of corrections. The rules shall include 2 45 provisions for transferring individuals between levels 2 46 in the continuum. The provisions shall include a 2 47 requirement that the reasons for the transfer be in 2 48 writing and that an opportunity for the individual to 2 49 contest the transfer be made available. 2 50 A copy of the program and plan shall be filed with 3 1 the chief judge of the judicial district, the 3 2 department of corrections, and the division of 3 3 criminal and juvenile justice planning of the 3 4 department of human rights. 3 5 4. a. The district department of correctional 3 6 services shall place an individual committed to it 3 7 under section 907.3 to the sanction and level of 3 8 supervision which is appropriate to the individual 3 9 based upon a current risk assessment evaluation. 3 10 Placements may be to levels two and three of the 3 11 corrections continuum. The district department may, 3 12 with the approval of the department of corrections, 3 13 place an individual in a level four violator facility 3 14 established pursuant to section 904.207 or use twenty- 3 15 one-day shock probation under subsection 1, paragraph 3 16 "d", subparagraph (1), only as a penalty for a 3 17 violation of a condition imposed under this section. 3 18 b. The district department may transfer an 3 19 individual along the intermediate criminal sanctions 3 20 program operated pursuant to subsection 3 as necessary 3 21 and appropriate during the period the individual is 3 22 assigned to the district department. However, nothing 3 23 in this section shall limit the district department's 3 24 ability to seek a revocation of the individual's 3 25 probation pursuant to section 908.11. 3 26 Sec. . Section 905.1, subsection 2, Code 1995, 3 27 is amended to read as follows: 3 28 2. "Community-based correctional program" means 3 29 correctional programs and services, including but not 3 30 limited to an intermediate criminal sanctions program 3 31 in accordance with the corrections continuum in 3 32 section 901A.1, designed to supervise and assist 3 33 individuals who are charged with or have been 3 34 convicted of a felony, an aggravated misdemeanor or a 3 35 serious misdemeanor, or who are on probation or parole 3 36 in lieu of or as a result of a sentence of 3 37 incarceration imposed upon conviction of any of these 3 38 offenses, or who are contracted to the district 3 39 department for supervision and housing while on work 3 40 release. 3 41 An intermediate criminal sanctions program shall be 3 42 designed by a district department in a manner that 3 43 provides services in a manner free of disparities 3 44 based upon an individual's race or ethnic origin. 3 45 Sec. . Section 907.3, subsection 1, unnumbered 3 46 paragraph 1, Code Supplement 1995, is amended to read 3 47 as follows: 3 48 With the consent of the defendant, the court may 3 49 defer judgment and may place the defendant on 3 50 probation upon such conditions as it may require. 4 1 Upon a showing that the defendant is notco-operating4 2 cooperating with the program of probation or is not 4 3 responding to it, the court may withdraw the defendant 4 4 from the program, pronounce judgment, and impose any 4 5 sentence authorized by law. Before taking such 4 6 action, the court shall give the defendant an 4 7 opportunity to be heard on any matter relevant to the 4 8 proposed action. Upon fulfillment of the conditions 4 9 of probation, the defendant shall be discharged 4 10 without entry of judgment. Upon violation of the 4 11 conditions of probation, the court may proceed as 4 12 provided in chapter 908. 4 13 Sec. . Section 907.3, subsection 2, Code 4 14 Supplement 1995, is amended to read as follows: 4 15 2. At the time of or after pronouncing judgment 4 16 and with the consent of the defendant, the court may 4 17 defer the sentence and assign the defendant to the 4 18 judicial district department of correctional services. 4 19 The court may assign the defendant to supervision or 4 20 services under section 901A.1 at the level of 4 21 supervision which the district department determines 4 22 to be appropriate, if an intermediate criminal 4 23 sanctions plan and program has been adopted in the 4 24 judicial district under section 901A.1. However, the 4 25 court shall not defer the sentence for a violation of 4 26 section 708.2A if the defendant has previously 4 27 received a deferred judgment or sentence for a 4 28 violation of section 708.2 or 708.2A which was issued 4 29 on a domestic abuse assault, or if similar relief was 4 30 granted anywhere in the United States concerning that 4 31 jurisdiction's statutes which substantially correspond 4 32 to domestic abuse assault as provided in section 4 33 708.2A. In addition, the court shall not defer a 4 34 sentence if it is imposed for a conviction for or plea 4 35 of guilty to a violation of section 236.8 or for 4 36 contempt pursuant to section 236.8 or 236.14. Upon a 4 37 showing that the defendant is not fulfilling the 4 38 conditions of probation, the court may revoke 4 39 probation and impose any sentence authorized by law. 4 40 Before taking such action, the court shall give the 4 41 defendant an opportunity to be heard on any matter 4 42 relevant to the proposed action. Upon violation of 4 43 the conditions of probation, the court may proceed as 4 44 provided in chapter 908. 4 45 Sec. . Section 907.3, subsection 3, Code 4 46 Supplement 1995, is amended to read as follows: 4 47 3. By record entry at the time of or after 4 48 sentencing, the court may suspend the sentence and 4 49 place the defendant on probation upon such terms and 4 50 conditions as it may require including commitment to 5 1 an alternate jail facility or a community correctional 5 2 residential treatment facility for a specific number 5 3 of days to be followed by a term of probation as 5 4 specified in section 907.7, or commitment of the 5 5 defendant to the judicial district department of 5 6 correctional services for supervision or services 5 7 under section 901A.1 at the level of supervision which 5 8 the district department determines to be appropriate. 5 9 A person so committed who has probation revoked shall 5 10 be given credit for such time served. However, the 5 11 court shall not suspend the minimum term of two days 5 12 imposed pursuant to section 708.2A, and the court 5 13 shall not suspend a sentence imposed pursuant to 5 14 section 236.8 or 236.14 for contempt. 5 15 Sec. . Section 907.6, Code 1995, is amended to 5 16 read as follows: 5 17 907.6 CONDITIONS OF PROBATION – REGULATIONS. 5 18 Probationers are subject to the conditions 5 19 established by the judicial district department of 5 20 correctional services subject to the approval of the 5 21 court, and any additional reasonable conditions which 5 22 the court or district department may impose to promote 5 23 rehabilitation of the defendant or protection of the 5 24 community. Conditions may include but are not limited 5 25 to adherence to regulations generally applicable to 5 26 persons released on parole and including requiring 5 27 unpaid community service as allowed pursuant to 5 28 section 907.13." 5 29 #5. Page 6, by inserting after line 18 the 5 30 following: 5 31 "Sec. . Section 910.4, Code Supplement 1995, is 5 32 amended to read as follows: 5 33 910.4 CONDITION OF PROBATION – PAYMENT PLAN. 5 34 1. When restitution is ordered by the sentencing 5 35 court and the offender is placed on probation, 5 36 restitution shall be a condition of probation. 5 37 a. Failure of the offender to comply with the plan 5 38 of restitution, plan of payment, or community service 5 39 requirements when community service is ordered by the 5 40 court as restitution, shall constitute a violation of 5 41 probation and shall constitute contempt of court. 5 42 b.TheIf an offender fails to comply with 5 43 restitution requirements during probation, the court 5 44 may hold the offender in contempt, revoke probation, 5 45 or extend the period of probation, or upon notice of5 46such noncompliance and hearing thereon, the court may5 47enter a civil judgment against the offender for the5 48outstanding balance of payments under the plan of5 49restitution and such judgment shall be governed by the5 50law relating to judgments, judgment liens, executions,6 1and other process available to creditors for the6 2collection of debts. 6 3 (1)However, ifIf the court extends the period of 6 4 probation,is extendedit shall not be for more than 6 5 the maximum period of probation for the offense 6 6 committed as provided in section 907.7. After 6 7 discharge from probation or after the expiration of 6 8 the period of probation, the failure of an offender to 6 9 comply with the plan of restitution ordered by the 6 10 court shall constitute contempt of court.As part of6 11the order discharging an offender from probation, the6 12court shall enter a civil judgment against the6 13offender for the balance, if any, of any restitution6 14owed by the offender to the victim of the crime.6 15 (2) If an offender's probation is revoked, the 6 16 offender's assigned probation officer shall forward to 6 17 the director of the Iowa department of corrections, 6 18 information concerning the offender's restitution 6 19 plan, restitution plan of payment, the restitution 6 20 payment balance, and any other pertinent information 6 21 concerning or affecting restitution by the offender. 6 22 2. When the offender is committed to a county 6 23 jail, or to an alternate facility, the office or 6 24 individual charged with supervision of the offender 6 25 shall prepare a restitution plan of payment taking 6 26 into consideration the offender's income, physical and 6 27 mental health, age, education, employment and family 6 28 circumstances. 6 29 a. The office or individual charged with 6 30 supervision of the offender shall review the plan of 6 31 restitution ordered by the court, and shall submit a 6 32 restitution plan of payment to the sentencing court. 6 33 b. When community service is ordered by the court 6 34 as restitution, the restitution plan of payment shall 6 35 set out a plan to meet the requirement for the 6 36 community service. 6 37 c. The court may approve or modify the plan of 6 38 restitution and restitution plan of payment. 6 39 d. When there is a significant change in the 6 40 offender's income or circumstances, the office or 6 41 individual which has supervision of the plan of 6 42 payment shall submit a modified restitution plan of 6 43 payment to the court. 6 44 3. When there is a transfer of supervision from 6 45 one office or individual charged with supervision of 6 46 the offender to another, the sending office or 6 47 individual shall forward to the receiving office or 6 48 individual all necessary information regarding the 6 49 balance owed against the original amount of 6 50 restitution ordered and the balance of public service 7 1 required. 7 2 When the offender's circumstances and income have 7 3 significantly changed, the receiving office or 7 4 individual shall submit a new plan of payment to the 7 5 sentencing court for approval or modification based on 7 6 the considerations enumerated in this section. 7 7 Sec. . Section 910.5, Code Supplement 1995, is 7 8 amended to read as follows: 7 9 910.5 CONDITION OF WORK RELEASE OR PAROLE. 7 10 1. a. When an offender is committed to the 7 11 custody of the director of the Iowa department of 7 12 corrections pursuant to a sentence of confinement, the 7 13 sentencing court shall forward to the director,a copy 7 14 of the offender's restitution plan, present 7 15 restitution payment plan if any, and other pertinent 7 16 information concerning or affecting restitution by the 7 17 offender. 7 18 b.However, ifIf the offender is committed to the 7 19 custody of the director after revocation of probation, 7 20thisall information regarding the offender's 7 21 restitution plan shall be forwarded by the offender's 7 22 probation officer. 7 23 c. An offender committed to a penal or 7 24 correctional facility of the state shall make 7 25 restitution while placed in that facility. 7 26 d. Upon commitment to the custody of the director 7 27 of the Iowa department of corrections, the director or 7 28 the director's designee shall prepare a restitution 7 29 plan of payment or modify any existing plan of 7 30 payment. 7 31 (1) The new or modified plan of payment shall 7 32 reflect the offender's present circumstances 7 33 concerning the offender's income, physical and mental 7 34 health, education, employment, and family 7 35 circumstances. 7 36 (2) The director or the director's designee may 7 37 modify the plan of payment at any time to reflect the 7 38 offender's present circumstances. 7 39 e. After the expiration of the offender's 7 40 sentence, the failure of an offender to comply with 7 41 the plan of restitution ordered by the court shall 7 42 constitute contempt of court.Upon the expiration of7 43the offender's sentence, the department shall notify7 44the court which sentenced the offender and the court7 45shall enter a civil judgment against the offender for7 46the balance, if any, of any restitution owed by the7 47offender to the victim of the crime.7 48 2. If an offender is to be placed on work release 7 49 from an institution under the control of the director 7 50 of the Iowa department of corrections, restitution 8 1 shall be a condition of work release. 8 2 a. The chief of the bureau of community 8 3 correctional services of the Iowa department of 8 4 corrections shall prepare a restitution plan of 8 5 payment or may modify any previously existing 8 6 restitution plan of payment. 8 7 (1) The new or modified plan of payment shall 8 8 reflect the offender's present circumstances 8 9 concerning the offender's income, physical and mental 8 10 health, education, employment, and family 8 11 circumstances. 8 12 (2) The bureau chief may modify the plan of 8 13 payment at any time to reflect the offender's present 8 14 circumstances. 8 15 b. Failure of the offender to comply with the 8 16 restitution plan of payment, including the community 8 17 service requirement, if any, shall constitute a 8 18 violation of a condition of work release and the work 8 19 release privilege may be revoked. 8 20 c. After the expiration of the offender's 8 21 sentence, the failure of an offender to comply with 8 22 the plan of restitution ordered by the court shall 8 23 constitute contempt of court.Upon the expiration of8 24the offender's sentence, the bureau chief shall notify8 25the court which sentenced the offender and the court8 26shall enter a civil judgment against the offender for8 27the balance, if any, of any restitution owed by the8 28offender to the victim of the crime.8 29 3. If an offender is to be placed on work release 8 30 from a facility under control of a county sheriff or 8 31 the judicial district department of correctional 8 32 services, restitution shall be a condition of work 8 33 release. 8 34 a. The office or individual charged with 8 35 supervision of the offender shall prepare a 8 36 restitution plan of payment or may modify any 8 37 previously existing restitution plan of payment. 8 38 (1) The new or modified plan of payment shall 8 39 reflect the offender's present circumstances 8 40 concerning the offender's income, physical and mental 8 41 health, education, employment and family 8 42 circumstances. 8 43 (2) Failure of the offender to comply with the 8 44 restitution plan of payment including the community 8 45 service requirement, if any, constitutes a violation 8 46 of a condition of work release. 8 47 (3) The office or individual charged with 8 48 supervision of the offender may modify the plan of 8 49 restitution at any time to reflect the offender's 8 50 present circumstances. 9 1 b. After the expiration of the offender's 9 2 sentence, the failure of an offender to comply with 9 3 the plan of restitution ordered by the court shall 9 4 constitute contempt of court.Upon the expiration of9 5the offender's sentence, the office or individual9 6charged with supervision of the offender shall notify9 7the court which sentenced the offender and the court9 8shall enter a civil judgment against the offender for9 9the balance, if any, of any restitution owed by the9 10offender to the victim of the crime.9 11 4. If an offender is to be placed on parole, 9 12 restitution shall be a condition of parole. 9 13 a. The district department of correctional 9 14 services to which the offender will be assigned shall 9 15 prepare a restitution plan of payment or may modify 9 16 any previously existing restitution plan of payment. 9 17 (1) The new or modified plan of payment shall 9 18 reflect the offender's present circumstances 9 19 concerning the offender's income, physical and mental 9 20 health, education, employment, and family 9 21 circumstances. 9 22 (2) Failure of the offender to comply with the 9 23 restitution plan of payment including a community 9 24 service requirement, if any, shall constitute a 9 25 violation of a condition of parole. 9 26 (3) The parole officer may modify the plan of 9 27 payment any time to reflect the offender's present 9 28 circumstances. 9 29 (4) A restitution plan of payment or modified plan 9 30 of payment, prepared by a parole officer, must meet 9 31 the approval of the director of the district 9 32 department of correctional services. 9 33 b. After the expiration of the offender's 9 34 sentence, the failure of an offender to comply with 9 35 the plan of restitution ordered by the court shall 9 36 constitute contempt of court.Upon the expiration of9 37the offender's sentence, the parole officer shall9 38notify the court which sentenced the offender and the9 39court shall enter a civil judgment against the9 40offender for the balance, if any, of any restitution9 41owed by the offender to the victim of the crime.9 42 5. The director of the Iowa department of 9 43 corrections shallpromulgateadopt rules pursuant to 9 44 chapter 17A concerning the policies and procedures to 9 45 be used in preparing and implementing restitution 9 46 plans of payment for offenders who are committed to an 9 47 institution under the control of the director of the 9 48 Iowa department of corrections, for offenders who are 9 49 to be released on work release from institutions under 9 50 the control of the director of the Iowa department of 10 1 corrections, for offenders who are placed on 10 2 probation, and for offenders who are released on 10 3 parole." 10 4 #6. By renumbering, relettering, or redesignating 10 5 and correcting internal references as necessary. 10 6 HF 2458S 10 7 mk/cc/26
Text: H05921 Text: H05923 Text: H05900 - H05999 Text: H Index Bills and Amendments: General Index Bill History: General Index
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