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House File 2458

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  1  1    Section 1.  Section 13B.1, subsection 3, Code Supplement
  1  2 1995, is amended to read as follows:
  1  3    3.  "Financial statement" means a full written disclosure
  1  4 of all assets, liabilities, current income, dependents, and
  1  5 other information required to determine if a client qualifies
  1  6 for legal assistance at public expense by an appointed
  1  7 attorney.
  1  8    Sec. 2.  Section 13B.10, subsection 3, Code 1995, is
  1  9 amended to read as follows:
  1 10    3.  A person who knowingly submits a false financial
  1 11 statement for the purpose of obtaining legal assistance at
  1 12 public expense by an appointed attorney commits a fraudulent
  1 13 practice.  As used in this subsection, "legal assistance"
  1 14 includes appointed counsel, transcripts, witness fees and
  1 15 expenses, and any other goods or services required by law to
  1 16 be provided to an indigent person at public expense.
  1 17    Sec. 3.  Section 216A.136, unnumbered paragraph 1, as
  1 18 enacted by 1996 Iowa Acts, House File 2448, section 2, if
  1 19 enacted, is amended to read as follows:
  1 20    The division shall maintain an Iowa statistical analysis
  1 21 center for the purpose of coordinating with data resource
  1 22 agencies to provide data and analytical information to
  1 23 federal, state, and local governments, and assist agencies in
  1 24 the use of criminal and juvenile justice data.
  1 25 Notwithstanding any other provision of state law, unless
  1 26 prohibited by federal law or regulation, the division shall be
  1 27 granted access, for purposes of research and evaluation, to
  1 28 criminal history records, official juvenile court records,
  1 29 juvenile court social records, and any other data collected or
  1 30 under control of the board of parole, department of
  1 31 corrections, district departments of correctional services,
  1 32 department of human services, judicial department, and
  1 33 department of public safety.  However, intelligence data and
  1 34 peace officer investigative reports maintained by the
  1 35 department of public safety shall not be considered data for
  2  1 the purposes of this section.  Any record, data, or
  2  2 information obtained by the division under this section and
  2  3 the division itself are subject to the federal and state
  2  4 confidentiality laws and regulations which are applicable to
  2  5 the original record, data, or information obtained by the
  2  6 division and to the original custodian of the record, data, or
  2  7 information.  The access shall include but is not limited to
  2  8 all of the following:
  2  9    Sec. 4.  Section 216A.136, subsection 4, as enacted by 1996
  2 10 Iowa Acts, House File 2448, section 2, if enacted, is amended
  2 11 to read as follows:
  2 12    4.  Criminal history and intelligence data maintained under
  2 13 chapter 692.
  2 14    Sec. 5.  Section 232.89, subsection 1, Code 1995, is
  2 15 amended to read as follows:
  2 16    1.  Upon the filing of a petition the parent, guardian, or
  2 17 custodian identified in the petition shall have the right to
  2 18 counsel in connection with all subsequent hearings and
  2 19 proceedings.  If that person desires but is financially unable
  2 20 to employ counsel, the court shall appoint counsel.  However,
  2 21 an incarcerated parent without legal custody shall not have
  2 22 the right to counsel.
  2 23    Sec. 6.  Section 814.9, Code 1995, is amended to read as
  2 24 follows:
  2 25    814.9  INDIGENT'S RIGHT TO TRANSCRIPT ON APPEAL.
  2 26    If a defendant in a criminal cause has perfected an appeal
  2 27 from a judgment and is determined by the court to be indigent,
  2 28 the court may order the a transcript to be made at public
  2 29 expense.  When an attorney of record is representing an
  2 30 indigent, the attorney shall apply to the district court for
  2 31 the transcript.
  2 32    Sec. 7.  Section 814.10, Code 1995, is amended to read as
  2 33 follows:
  2 34    814.10  INDIGENT'S APPLICATION FOR TRANSCRIPT IN OTHER
  2 35 CASES.
  3  1    If a defendant in a criminal cause has been granted
  3  2 discretionary review from an action of the district court and
  3  3 the appellate court deems a transcript or portions thereof are
  3  4 necessary to proper review of the question or questions
  3  5 raised, the district court shall order the transcript to be
  3  6 made at public expense if a determination is made that the
  3  7 defendant is determined to be indigent.
  3  8    Sec. 8.  Section 815.7, Code 1995, is amended to read as
  3  9 follows:
  3 10    815.7  FEES TO ATTORNEYS.
  3 11    An attorney who has not entered into a contract authorized
  3 12 under section 13B.4 and who is appointed by the court to
  3 13 represent any person charged with a crime in this state shall
  3 14 be entitled to a reasonable compensation which shall be the
  3 15 ordinary and customary charges for like services in the
  3 16 community to be decided in each case by a judge of the
  3 17 district court, including such sum or sums as the court may
  3 18 determine are necessary for investigation in the interests of
  3 19 justice and in the event of appeal the cost of obtaining the
  3 20 transcript of the trial and the printing of the trial record
  3 21 and necessary briefs in behalf of the defendant.  However, the
  3 22 reasonable compensation awarded an attorney shall not be
  3 23 calculated based upon an hourly rate that exceeds the rate a
  3 24 contract attorney as provided in section 13B.4 would receive
  3 25 in a similar case.  Such attorney need not follow the case
  3 26 into another county or into the appellate court unless so
  3 27 directed by the court at the request of the defendant, where
  3 28 grounds for further litigation are not capricious or
  3 29 unreasonable, but if such attorney does so, the attorney's fee
  3 30 shall be determined accordingly.  Only one attorney fee shall
  3 31 be so awarded in any one case except that in class "A" felony
  3 32 cases, two may be authorized.
  3 33    Sec. 9.  Section 815.9, subsection 1, paragraph c, Code
  3 34 1995, is amended to read as follows:
  3 35    c.  A person with an income level greater than one hundred
  4  1 fifty percent, but less than two hundred percent, of the most
  4  2 recently revised poverty income guidelines published by the
  4  3 United States department of health and human services may be
  4  4 deemed partially indigent by the court pursuant to a written
  4  5 finding that, given the person's circumstances, not appointing
  4  6 counsel at public expense would cause the person substantial
  4  7 hardship.  However, the court shall require a person deemed
  4  8 partially indigent appointed counsel to contribute to the cost
  4  9 of representation in accordance with rules adopted by the
  4 10 state public defender.
  4 11    Sec. 10.  Section 815.9, subsection 1, Code 1995, is
  4 12 amended by adding the following new paragraph:
  4 13    NEW PARAGRAPH.  d.  A person with an income level greater
  4 14 than two hundred percent of the most recently revised poverty
  4 15 income guidelines published by the United States department of
  4 16 health and human services shall not be deemed indigent or
  4 17 partially indigent by the court unless the person is charged
  4 18 with a felony and the court makes a written finding that,
  4 19 given the person's circumstances, not appointing counsel would
  4 20 cause the person substantial hardship.  However, the court
  4 21 shall require a person appointed counsel to contribute to the
  4 22 cost of representation in accordance with rules adopted by the
  4 23 state public defender.
  4 24    Sec. 11.  Section 815.9, subsection 3, Code 1995, is
  4 25 amended to read as follows:
  4 26    3.  A person who knowingly submits a false financial
  4 27 statement for the purpose of obtaining legal assistance at
  4 28 public expense by appointed counsel commits a fraudulent
  4 29 practice.  As used in this subsection, "legal assistance"
  4 30 includes legal counsel, transcripts, witness fees and
  4 31 expenses, and any other goods or services required by law to
  4 32 be provided to an indigent person at public expense.
  4 33    Sec. 12.  Section 815.9A, unnumbered paragraph 1, Code
  4 34 1995, is amended by striking the unnumbered paragraph and
  4 35 inserting in lieu thereof the following:
  5  1    All costs and fees incurred for indigent defense shall
  5  2 become due and payable to the clerk of the district court by
  5  3 the person receiving the services not later than the date of
  5  4 sentencing, or if the person is acquitted or the charges are
  5  5 dismissed, within thirty days of the acquittal or dismissal.
  5  6 To the extent that the costs and fees remain unpaid at the
  5  7 time they become due, a judgment shall be entered against the
  5  8 person for the amounts unpaid.
  5  9    Sec. 13.  Section 815.9A, subsection 2, Code 1995, is
  5 10 amended to read as follows:
  5 11    2.  If the person has an income level as determined
  5 12 pursuant to section 815.9 greater than one hundred fifty
  5 13 percent but not more than one hundred eighty-five percent of
  5 14 the poverty guidelines, at least two hundred dollars of the
  5 15 indigent defense costs shall be recovered in accordance with
  5 16 rules adopted by the state public defender.
  5 17    Sec. 14.  Section 815.9A, Code 1995, is amended by adding
  5 18 the following new subsection:
  5 19    NEW SUBSECTION.  3.  If the person has an income level as
  5 20 determined pursuant to section 815.9 greater than one hundred
  5 21 eighty-five percent of the poverty guidelines, at least three
  5 22 hundred dollars of the indigent defense costs shall be
  5 23 recovered in accordance with rules adopted by the state public
  5 24 defender.
  5 25    Sec. 15.  NEW SECTION.  901A.1  CORRECTIONS CONTINUUM –
  5 26 INTERMEDIATE CRIMINAL SANCTIONS PROGRAM.
  5 27    1.  The corrections continuum consists of the following:
  5 28    a.  LEVEL ONE.  Noncommunity-based corrections sanctions
  5 29 including the following:
  5 30    (1)  SELF-MONITORED SANCTIONS.  Self-monitored sanctions
  5 31 which are not monitored for compliance including, but not
  5 32 limited to, fines and community service.
  5 33    (2)  OTHER THAN SELF-MONITORED SANCTIONS.  Other than self-
  5 34 monitored sanctions which are monitored for compliance by
  5 35 other than the district department of correctional services
  6  1 including, but not limited to, mandatory mediation, victim and
  6  2 offender reconciliation, and noncommunity-based corrections
  6  3 supervision.
  6  4    b.  LEVEL TWO.  Probation and parole options consisting of
  6  5 the following:
  6  6    (1)  MONITORED SANCTIONS.  Monitored sanctions are
  6  7 administrative supervision sanctions which are monitored for
  6  8 compliance by the district department of correctional services
  6  9 and include, but are not limited to, low-risk offender-
  6 10 diversion programs.
  6 11    (2)  SUPERVISED SANCTIONS.  Supervised sanctions are
  6 12 regular probation or parole supervision and any conditions
  6 13 established in the probation or parole agreement or by court
  6 14 order.
  6 15    (3)  INTENSIVE SUPERVISION SANCTIONS.  Intensive
  6 16 supervision sanctions provide levels of supervision above
  6 17 sanctions in subparagraph (2) but are less restrictive than
  6 18 sanctions under paragraph "c" and include electronic
  6 19 monitoring, day reporting, day programming, live-out programs
  6 20 for persons on work release or who have violated chapter 321J,
  6 21 and institutional work release under section 904.910.
  6 22    c.  LEVEL THREE.  Quasi-incarceration sanctions.  Quasi-
  6 23 incarceration sanctions are those supported by residential
  6 24 facility placement or twenty-four hour electronic monitoring
  6 25 including, but not limited to, the following:
  6 26    (1)  Residential treatment facilities.
  6 27    (2)  Operating while intoxicated offender treatment
  6 28 facilities.
  6 29    (3)  Work release facilities.
  6 30    (4)  House arrest with electronic monitoring.
  6 31    d.  LEVEL FOUR.  Short-term incarceration designed to be of
  6 32 short duration, including, but not limited to, the following:
  6 33    (1)  Twenty-one-day shock incarceration for persons who
  6 34 violate chapter 321J.
  6 35    (2)  Jail for less than thirty days.
  7  1    (3)  Violators' facilities.
  7  2    (4)  Prison with sentence reconsideration.
  7  3    e.  LEVEL FIVE.  Incarceration which consists of the
  7  4 following:
  7  5    (1)  Prison.
  7  6    (2)  Jail for thirty days or longer.
  7  7    2.  "Intermediate criminal sanctions program" means a
  7  8 program structured around the corrections continuum in
  7  9 subsection 1, describing sanctions and services available in
  7 10 each level of the continuum in the district and containing the
  7 11 policies of the district department of correctional services
  7 12 regarding placement of a person in a particular level of
  7 13 sanction and the requirements and conditions under which a
  7 14 defendant will be transferred between levels in the
  7 15 corrections continuum under the program.
  7 16    3.  An intermediate criminal sanctions program shall
  7 17 consist of only levels two, three, and sublevels one and three
  7 18 of level four of the corrections continuum and shall be
  7 19 operated in accordance with an intermediate criminal sanctions
  7 20 plan adopted by the chief judge of the judicial district and
  7 21 the director of the judicial district department of
  7 22 correctional services.  The plan adopted shall be designed to
  7 23 reduce probation revocations to prison through the use of
  7 24 incremental, community-based sanctions for probation
  7 25 violations.
  7 26    The plan shall be subject to rules adopted by the
  7 27 department of corrections.  The rules shall include provisions
  7 28 for transferring individuals between levels in the continuum.
  7 29 The provisions shall include a requirement that the reasons
  7 30 for the transfer be in writing and that an opportunity for the
  7 31 individual to contest the transfer be made available.
  7 32    A copy of the program and plan shall be filed with the
  7 33 chief judge of the judicial district, the department of
  7 34 corrections, and the division of criminal and juvenile justice
  7 35 planning of the department of human rights.
  8  1    4.  a.  The district department of correctional services
  8  2 shall place an individual committed to it under section 907.3
  8  3 to the sanction and level of supervision which is appropriate
  8  4 to the individual based upon a current risk assessment
  8  5 evaluation.  Placements may be to levels two and three of the
  8  6 corrections continuum.  The district department may, with the
  8  7 approval of the department of corrections, place an individual
  8  8 in a level four violator facility established pursuant to
  8  9 section 904.207 only as a penalty for a violation of a
  8 10 condition imposed under this section.
  8 11    b.  The district department may transfer an individual
  8 12 along the intermediate criminal sanctions program operated
  8 13 pursuant to subsection 3 as necessary and appropriate during
  8 14 the period the individual is assigned to the district
  8 15 department.  However, nothing in this section shall limit the
  8 16 district department's ability to seek a revocation of the
  8 17 individual's probation pursuant to section 908.11.
  8 18    Sec. 16.  Section 905.1, subsection 2, Code 1995, is
  8 19 amended to read as follows:
  8 20    2.  "Community-based correctional program" means
  8 21 correctional programs and services, including but not limited
  8 22 to an intermediate criminal sanctions program in accordance
  8 23 with the corrections continuum in section 901A.1, designed to
  8 24 supervise and assist individuals who are charged with or have
  8 25 been convicted of a felony, an aggravated misdemeanor or a
  8 26 serious misdemeanor, or who are on probation or parole in lieu
  8 27 of or as a result of a sentence of incarceration imposed upon
  8 28 conviction of any of these offenses, or who are contracted to
  8 29 the district department for supervision and housing while on
  8 30 work release.
  8 31    An intermediate criminal sanctions program shall be
  8 32 designed by a district department in a manner that provides
  8 33 services in a manner free of disparities based upon an
  8 34 individual's race or ethnic origin.
  8 35    Sec. 17.  Section 907.3, subsection 1, unnumbered paragraph
  9  1 1, Code Supplement 1995, is amended to read as follows:
  9  2    With the consent of the defendant, the court may defer
  9  3 judgment and may place the defendant on probation upon such
  9  4 conditions as it may require.  Upon a showing that the
  9  5 defendant is not co-operating cooperating with the program of
  9  6 probation or is not responding to it, the court may withdraw
  9  7 the defendant from the program, pronounce judgment, and impose
  9  8 any sentence authorized by law.  Before taking such action,
  9  9 the court shall give the defendant an opportunity to be heard
  9 10 on any matter relevant to the proposed action.  Upon
  9 11 fulfillment of the conditions of probation, the defendant
  9 12 shall be discharged without entry of judgment.  Upon violation
  9 13 of the conditions of probation, the court may proceed as
  9 14 provided in chapter 908.
  9 15    Sec. 18.  Section 907.3, subsection 2, Code Supplement
  9 16 1995, is amended to read as follows:
  9 17    2.  At the time of or after pronouncing judgment and with
  9 18 the consent of the defendant, the court may defer the sentence
  9 19 and assign the defendant to the judicial district department
  9 20 of correctional services.  The court may assign the defendant
  9 21 to supervision or services under section 901A.1 at the level
  9 22 of sanctions which the district department determines to be
  9 23 appropriate, if an intermediate criminal sanctions plan and
  9 24 program has been adopted in the judicial district under
  9 25 section 901A.1.  However, the court shall not defer the
  9 26 sentence for a violation of section 708.2A if the defendant
  9 27 has previously received a deferred judgment or sentence for a
  9 28 violation of section 708.2 or 708.2A which was issued on a
  9 29 domestic abuse assault, or if similar relief was granted
  9 30 anywhere in the United States concerning that jurisdiction's
  9 31 statutes which substantially correspond to domestic abuse
  9 32 assault as provided in section 708.2A.  In addition, the court
  9 33 shall not defer a sentence if it is imposed for a conviction
  9 34 for or plea of guilty to a violation of section 236.8 or for
  9 35 contempt pursuant to section 236.8 or 236.14.  Upon a showing
 10  1 that the defendant is not fulfilling the conditions of
 10  2 probation, the court may revoke probation and impose any
 10  3 sentence authorized by law.  Before taking such action, the
 10  4 court shall give the defendant an opportunity to be heard on
 10  5 any matter relevant to the proposed action.  Upon violation of
 10  6 the conditions of probation, the court may proceed as provided
 10  7 in chapter 908.
 10  8    Sec. 19.  Section 907.3, subsection 3, Code Supplement
 10  9 1995, as amended by 1996 Iowa Acts, Senate File 2269, section
 10 10 4, is amended to read as follows:
 10 11    3.  By record entry at the time of or after sentencing, the
 10 12 court may suspend the sentence and place the defendant on
 10 13 probation upon such terms and conditions as it may require
 10 14 including commitment to an alternate jail facility or a
 10 15 community correctional residential treatment facility for a
 10 16 specific number of days to be followed by a term of probation
 10 17 as specified in section 907.7, or commitment of the defendant
 10 18 to the judicial district department of correctional services
 10 19 for supervision or services under section 901A.1 at the level
 10 20 of sanctions which the district department determines to be
 10 21 appropriate.  A person so committed who has probation revoked
 10 22 shall be given credit for such time served.  However, the
 10 23 court shall not suspend the minimum term of two days imposed
 10 24 pursuant to section 708.2A, subsection 6, paragraph "a", or a
 10 25 sentence imposed under section 708.2A, subsection 6, paragraph
 10 26 "b", and the court shall not suspend a sentence imposed
 10 27 pursuant to section 236.8 or 236.14 for contempt.
 10 28    Sec. 20.  Section 907.6, Code 1995, is amended to read as
 10 29 follows:
 10 30    907.6  CONDITIONS OF PROBATION – REGULATIONS.
 10 31    Probationers are subject to the conditions established by
 10 32 the judicial district department of correctional services
 10 33 subject to the approval of the court, and any additional
 10 34 reasonable conditions which the court or district department
 10 35 may impose to promote rehabilitation of the defendant or
 11  1 protection of the community.  Conditions may include but are
 11  2 not limited to adherence to regulations generally applicable
 11  3 to persons released on parole and including requiring unpaid
 11  4 community service as allowed pursuant to section 907.13.
 11  5    Sec. 21.  Section 910.2, Code Supplement 1995, is amended
 11  6 to read as follows:
 11  7    910.2  RESTITUTION OR COMMUNITY SERVICE TO BE ORDERED BY
 11  8 SENTENCING COURT.
 11  9    In all criminal cases except simple misdemeanors under
 11 10 chapter 321, in which there is a plea of guilty, verdict of
 11 11 guilty, or special verdict upon which a judgment of conviction
 11 12 is rendered, the sentencing court shall order that restitution
 11 13 be made by each offender to the victims of the offender's
 11 14 criminal activities, to the clerk of court for fines,
 11 15 penalties, surcharges, and, to the extent that the offender is
 11 16 reasonably able to pay, for crime victim assistance
 11 17 reimbursement, court costs, court-appointed attorney's fees,
 11 18 or the expense of a public defender when applicable.  However,
 11 19 victims shall be paid in full before fines, penalties, and
 11 20 surcharges, crime victim compensation program reimbursement,
 11 21 court costs, court-appointed attorney's fees, or the expenses
 11 22 of a public defender are paid.  In structuring a plan of
 11 23 restitution, the court shall provide for payments in the
 11 24 following order of priority:  victim, fines, penalties, and
 11 25 surcharges, crime victim compensation program reimbursement,
 11 26 court costs, and court-appointed attorney's fees, or the
 11 27 expense of a public defender.  When the offender is not
 11 28 reasonably able to pay all or a part of the crime victim
 11 29 compensation program reimbursement, court costs, court-
 11 30 appointed attorney's fees, or the expense of a public
 11 31 defender, the court may require the offender in lieu of that
 11 32 portion of the crime victim compensation program
 11 33 reimbursement, court costs, court-appointed attorney's fees,
 11 34 or expense of a public defender for which the offender is not
 11 35 reasonably able to pay, to perform a needed public service for
 12  1 a governmental agency or for a private nonprofit agency which
 12  2 provides a service to the youth, elderly, or poor of the
 12  3 community.  When community service is ordered, the court shall
 12  4 set a specific number of hours of service to be performed by
 12  5 the offender which, for payment of court-appointed attorney's
 12  6 fees or expenses of a public defender, shall be approximately
 12  7 equivalent in value to those costs.  The judicial district
 12  8 department of correctional services shall provide for the
 12  9 assignment of the offender to a public agency or private
 12 10 nonprofit agency to perform the required service.
 12 11    Sec. 22.  Section 910.4, Code Supplement 1995, is amended
 12 12 to read as follows:
 12 13    910.4  CONDITION OF PROBATION – PAYMENT PLAN.
 12 14    1.  When restitution is ordered by the sentencing court and
 12 15 the offender is placed on probation, restitution shall be a
 12 16 condition of probation.
 12 17    a.  Failure of the offender to comply with the plan of
 12 18 restitution, plan of payment, or community service
 12 19 requirements when community service is ordered by the court as
 12 20 restitution, shall constitute a violation of probation and
 12 21 shall constitute contempt of court.
 12 22    b.  The If an offender fails to comply with restitution
 12 23 requirements during probation, the court may hold the offender
 12 24 in contempt, revoke probation, or extend the period of
 12 25 probation, or upon notice of such noncompliance and hearing
 12 26 thereon, the court may enter a civil judgment against the
 12 27 offender for the outstanding balance of payments under the
 12 28 plan of restitution and such judgment shall be governed by the
 12 29 law relating to judgments, judgment liens, executions, and
 12 30 other process available to creditors for the collection of
 12 31 debts.
 12 32    (1)  However, if If the court extends the period of
 12 33 probation, is extended it shall not be for more than the
 12 34 maximum period of probation for the offense committed as
 12 35 provided in section 907.7.  After discharge from probation or
 13  1 after the expiration of the period of probation, the failure
 13  2 of an offender to comply with the plan of restitution ordered
 13  3 by the court shall constitute contempt of court.  As part of
 13  4 the order discharging an offender from probation, the court
 13  5 shall enter a civil judgment against the offender for the
 13  6 balance, if any, of any restitution owed by the offender to
 13  7 the victim of the crime.
 13  8    (2)  If an offender's probation is revoked, the offender's
 13  9 assigned probation officer shall forward to the director of
 13 10 the Iowa department of corrections, information concerning the
 13 11 offender's restitution plan, restitution plan of payment, the
 13 12 restitution payment balance, and any other pertinent
 13 13 information concerning or affecting restitution by the
 13 14 offender.
 13 15    2.  When the offender is committed to a county jail, or to
 13 16 an alternate facility, the office or individual charged with
 13 17 supervision of the offender shall prepare a restitution plan
 13 18 of payment taking into consideration the offender's income,
 13 19 physical and mental health, age, education, employment and
 13 20 family circumstances.
 13 21    a.  The office or individual charged with supervision of
 13 22 the offender shall review the plan of restitution ordered by
 13 23 the court, and shall submit a restitution plan of payment to
 13 24 the sentencing court.
 13 25    b.  When community service is ordered by the court as
 13 26 restitution, the restitution plan of payment shall set out a
 13 27 plan to meet the requirement for the community service.
 13 28    c.  The court may approve or modify the plan of restitution
 13 29 and restitution plan of payment.
 13 30    d.  When there is a significant change in the offender's
 13 31 income or circumstances, the office or individual which has
 13 32 supervision of the plan of payment shall submit a modified
 13 33 restitution plan of payment to the court.
 13 34    3.  When there is a transfer of supervision from one office
 13 35 or individual charged with supervision of the offender to
 14  1 another, the sending office or individual shall forward to the
 14  2 receiving office or individual all necessary information
 14  3 regarding the balance owed against the original amount of
 14  4 restitution ordered and the balance of public service
 14  5 required.
 14  6    When the offender's circumstances and income have
 14  7 significantly changed, the receiving office or individual
 14  8 shall submit a new plan of payment to the sentencing court for
 14  9 approval or modification based on the considerations
 14 10 enumerated in this section.
 14 11    Sec. 23.  Section 910.5, Code Supplement 1995, is amended
 14 12 to read as follows:
 14 13    910.5  CONDITION OF WORK RELEASE OR PAROLE.
 14 14    1.  a.  When an offender is committed to the custody of the
 14 15 director of the Iowa department of corrections pursuant to a
 14 16 sentence of confinement, the sentencing court shall forward to
 14 17 the director, a copy of the offender's restitution plan,
 14 18 present restitution payment plan if any, and other pertinent
 14 19 information concerning or affecting restitution by the
 14 20 offender.
 14 21    b.  However, if If the offender is committed to the custody
 14 22 of the director after revocation of probation, this all
 14 23 information regarding the offender's restitution plan shall be
 14 24 forwarded by the offender's probation officer.
 14 25    c.  An offender committed to a penal or correctional
 14 26 facility of the state shall make restitution while placed in
 14 27 that facility.
 14 28    d.  Upon commitment to the custody of the director of the
 14 29 Iowa department of corrections, the director or the director's
 14 30 designee shall prepare a restitution plan of payment or modify
 14 31 any existing plan of payment.
 14 32    (1)  The new or modified plan of payment shall reflect the
 14 33 offender's present circumstances concerning the offender's
 14 34 income, physical and mental health, education, employment, and
 14 35 family circumstances.
 15  1    (2)  The director or the director's designee may modify the
 15  2 plan of payment at any time to reflect the offender's present
 15  3 circumstances.
 15  4    e.  After the expiration of the offender's sentence, the
 15  5 failure of an offender to comply with the plan of restitution
 15  6 ordered by the court shall constitute contempt of court.  Upon
 15  7 the expiration of the offender's sentence, the department
 15  8 shall notify the court which sentenced the offender and the
 15  9 court shall enter a civil judgment against the offender for
 15 10 the balance, if any, of any restitution owed by the offender
 15 11 to the victim of the crime.
 15 12    2.  If an offender is to be placed on work release from an
 15 13 institution under the control of the director of the Iowa
 15 14 department of corrections, restitution shall be a condition of
 15 15 work release.
 15 16    a.  The chief of the bureau of community correctional
 15 17 services of the Iowa department of corrections shall prepare a
 15 18 restitution plan of payment or may modify any previously
 15 19 existing restitution plan of payment.
 15 20    (1)  The new or modified plan of payment shall reflect the
 15 21 offender's present circumstances concerning the offender's
 15 22 income, physical and mental health, education, employment, and
 15 23 family circumstances.
 15 24    (2)  The bureau chief may modify the plan of payment at any
 15 25 time to reflect the offender's present circumstances.
 15 26    b.  Failure of the offender to comply with the restitution
 15 27 plan of payment, including the community service requirement,
 15 28 if any, shall constitute a violation of a condition of work
 15 29 release and the work release privilege may be revoked.
 15 30    c.  After the expiration of the offender's sentence, the
 15 31 failure of an offender to comply with the plan of restitution
 15 32 ordered by the court shall constitute contempt of court.  Upon
 15 33 the expiration of the offender's sentence, the bureau chief
 15 34 shall notify the court which sentenced the offender and the
 15 35 court shall enter a civil judgment against the offender for
 16  1 the balance, if any, of any restitution owed by the offender
 16  2 to the victim of the crime.
 16  3    3.  If an offender is to be placed on work release from a
 16  4 facility under control of a county sheriff or the judicial
 16  5 district department of correctional services, restitution
 16  6 shall be a condition of work release.
 16  7    a.  The office or individual charged with supervision of
 16  8 the offender shall prepare a restitution plan of payment or
 16  9 may modify any previously existing restitution plan of
 16 10 payment.
 16 11    (1)  The new or modified plan of payment shall reflect the
 16 12 offender's present circumstances concerning the offender's
 16 13 income, physical and mental health, education, employment and
 16 14 family circumstances.
 16 15    (2)  Failure of the offender to comply with the restitution
 16 16 plan of payment including the community service requirement,
 16 17 if any, constitutes a violation of a condition of work
 16 18 release.
 16 19    (3)  The office or individual charged with supervision of
 16 20 the offender may modify the plan of restitution at any time to
 16 21 reflect the offender's present circumstances.
 16 22    b.  After the expiration of the offender's sentence, the
 16 23 failure of an offender to comply with the plan of restitution
 16 24 ordered by the court shall constitute contempt of court.  Upon
 16 25 the expiration of the offender's sentence, the office or
 16 26 individual charged with supervision of the offender shall
 16 27 notify the court which sentenced the offender and the court
 16 28 shall enter a civil judgment against the offender for the
 16 29 balance, if any, of any restitution owed by the offender to
 16 30 the victim of the crime.
 16 31    4.  If an offender is to be placed on parole, restitution
 16 32 shall be a condition of parole.
 16 33    a.  The district department of correctional services to
 16 34 which the offender will be assigned shall prepare a
 16 35 restitution plan of payment or may modify any previously
 17  1 existing restitution plan of payment.
 17  2    (1)  The new or modified plan of payment shall reflect the
 17  3 offender's present circumstances concerning the offender's
 17  4 income, physical and mental health, education, employment, and
 17  5 family circumstances.
 17  6    (2)  Failure of the offender to comply with the restitution
 17  7 plan of payment including a community service requirement, if
 17  8 any, shall constitute a violation of a condition of parole.
 17  9    (3)  The parole officer may modify the plan of payment any
 17 10 time to reflect the offender's present circumstances.
 17 11    (4)  A restitution plan of payment or modified plan of
 17 12 payment, prepared by a parole officer, must meet the approval
 17 13 of the director of the district department of correctional
 17 14 services.
 17 15    b.  After the expiration of the offender's sentence, the
 17 16 failure of an offender to comply with the plan of restitution
 17 17 ordered by the court shall constitute contempt of court.  Upon
 17 18 the expiration of the offender's sentence, the parole officer
 17 19 shall notify the court which sentenced the offender and the
 17 20 court shall enter a civil judgment against the offender for
 17 21 the balance, if any, of any restitution owed by the offender
 17 22 to the victim of the crime.
 17 23    5.  The director of the Iowa department of corrections
 17 24 shall promulgate adopt rules pursuant to chapter 17A
 17 25 concerning the policies and procedures to be used in preparing
 17 26 and implementing restitution plans of payment for offenders
 17 27 who are committed to an institution under the control of the
 17 28 director of the Iowa department of corrections, for offenders
 17 29 who are to be released on work release from institutions under
 17 30 the control of the director of the Iowa department of
 17 31 corrections, for offenders who are placed on probation, and
 17 32 for offenders who are released on parole.
 17 33    Sec. 24.  LEGAL REPRESENTATION OF INDIGENTS – STUDY.  The
 17 34 legislative council is requested to establish an interim
 17 35 committee to study issues concerning the provision of legal
 18  1 representation to indigents.  Matters to be reviewed by the
 18  2 interim committee shall include, but are not limited to,
 18  3 reclassification of indictable misdemeanors as simple
 18  4 misdemeanors, the efficiencies of the state public defender's
 18  5 office, and recoupment of indigent defense costs.  The
 18  6 legislative fiscal bureau, the department of justice, and the
 18  7 state public defender shall provide information requested by
 18  8 the committee pertaining to indigent defense, including but
 18  9 not limited to information concerning total cost expenditures
 18 10 by the state public defender, including costs for employee
 18 11 salaries and benefits and for all related office expenses, and
 18 12 statistical data concerning crimes for which penalties have
 18 13 been increased, or which have been recently reclassified as a
 18 14 higher level offense.  The interim committee shall consider
 18 15 input from the Iowa state bar association, the Iowa
 18 16 association of criminal defense lawyers, the Iowa judges
 18 17 association, the Iowa magistrates association, the public
 18 18 defenders association, the state public defender, and the
 18 19 county attorneys association.  The interim committee shall
 18 20 submit a report and recommendations to the general assembly by
 18 21 January 1, 1997.  
 18 22 HF 2458
 18 23 ec/pk/25
     
Text: HF02457                           Text: HF02459
Text: HF02400 - HF02499                 Text: HF Index
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