Text: S05595                            Text: S05597
Text: S05500 - S05599                   Text: S Index
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Senate Amendment 5596

Amendment Text

PAG LIN
  1  1    Amend House File 2458, as amended, passed, and
  1  2 reprinted by the House, as follows:
  1  3    #1.  Page 6, by inserting after line 18 the
  1  4 following:
  1  5    "Sec.    .  Section 910.4, Code Supplement 1995, is
  1  6 amended to read as follows:
  1  7    910.4  CONDITION OF PROBATION – PAYMENT PLAN.
  1  8    1.  When restitution is ordered by the sentencing
  1  9 court and the offender is placed on probation,
  1 10 restitution shall be a condition of probation.
  1 11    a.  Failure of the offender to comply with the plan
  1 12 of restitution, plan of payment, or community service
  1 13 requirements when community service is ordered by the
  1 14 court as restitution, shall constitute a violation of
  1 15 probation and shall constitute contempt of court.
  1 16    b.  The If an offender fails to comply with
  1 17 restitution requirements during probation, the court
  1 18 may hold the offender in contempt, revoke probation,
  1 19 or extend the period of probation, or upon notice of
  1 20 such noncompliance and hearing thereon, the court may
  1 21 enter a civil judgment against the offender for the
  1 22 outstanding balance of payments under the plan of
  1 23 restitution and such judgment shall be governed by the
  1 24 law relating to judgments, judgment liens, executions,
  1 25 and other process available to creditors for the
  1 26 collection of debts.
  1 27    (1)  However, if If the court extends the period of
  1 28 probation, is extended it shall not be for more than
  1 29 the maximum period of probation for the offense
  1 30 committed as provided in section 907.7.  After
  1 31 discharge from probation or after the expiration of
  1 32 the period of probation, the failure of an offender to
  1 33 comply with the plan of restitution ordered by the
  1 34 court shall constitute contempt of court.  As part of
  1 35 the order discharging an offender from probation, the
  1 36 court shall enter a civil judgment against the
  1 37 offender for the balance, if any, of any restitution
  1 38 owed by the offender to the victim of the crime.
  1 39    (2)  If an offender's probation is revoked, the
  1 40 offender's assigned probation officer shall forward to
  1 41 the director of the Iowa department of corrections,
  1 42 information concerning the offender's restitution
  1 43 plan, restitution plan of payment, the restitution
  1 44 payment balance, and any other pertinent information
  1 45 concerning or affecting restitution by the offender.
  1 46    2.  When the offender is committed to a county
  1 47 jail, or to an alternate facility, the office or
  1 48 individual charged with supervision of the offender
  1 49 shall prepare a restitution plan of payment taking
  1 50 into consideration the offender's income, physical and
  2  1 mental health, age, education, employment and family
  2  2 circumstances.
  2  3    a.  The office or individual charged with
  2  4 supervision of the offender shall review the plan of
  2  5 restitution ordered by the court, and shall submit a
  2  6 restitution plan of payment to the sentencing court.
  2  7    b.  When community service is ordered by the court
  2  8 as restitution, the restitution plan of payment shall
  2  9 set out a plan to meet the requirement for the
  2 10 community service.
  2 11    c.  The court may approve or modify the plan of
  2 12 restitution and restitution plan of payment.
  2 13    d.  When there is a significant change in the
  2 14 offender's income or circumstances, the office or
  2 15 individual which has supervision of the plan of
  2 16 payment shall submit a modified restitution plan of
  2 17 payment to the court.
  2 18    3.  When there is a transfer of supervision from
  2 19 one office or individual charged with supervision of
  2 20 the offender to another, the sending office or
  2 21 individual shall forward to the receiving office or
  2 22 individual all necessary information regarding the
  2 23 balance owed against the original amount of
  2 24 restitution ordered and the balance of public service
  2 25 required.
  2 26    When the offender's circumstances and income have
  2 27 significantly changed, the receiving office or
  2 28 individual shall submit a new plan of payment to the
  2 29 sentencing court for approval or modification based on
  2 30 the considerations enumerated in this section.
  2 31    Sec.    .  Section 910.5, Code Supplement 1995, is
  2 32 amended to read as follows:
  2 33    910.5  CONDITION OF WORK RELEASE OR PAROLE.
  2 34    1.  a.  When an offender is committed to the
  2 35 custody of the director of the Iowa department of
  2 36 corrections pursuant to a sentence of confinement, the
  2 37 sentencing court shall forward to the director, a copy
  2 38 of the offender's restitution plan, present
  2 39 restitution payment plan if any, and other pertinent
  2 40 information concerning or affecting restitution by the
  2 41 offender.
  2 42    b.  However, if If the offender is committed to the
  2 43 custody of the director after revocation of probation,
  2 44 this all information regarding the offender's
  2 45 restitution plan shall be forwarded by the offender's
  2 46 probation officer.
  2 47    c.  An offender committed to a penal or
  2 48 correctional facility of the state shall make
  2 49 restitution while placed in that facility.
  2 50    d.  Upon commitment to the custody of the director
  3  1 of the Iowa department of corrections, the director or
  3  2 the director's designee shall prepare a restitution
  3  3 plan of payment or modify any existing plan of
  3  4 payment.
  3  5    (1)  The new or modified plan of payment shall
  3  6 reflect the offender's present circumstances
  3  7 concerning the offender's income, physical and mental
  3  8 health, education, employment, and family
  3  9 circumstances.
  3 10    (2)  The director or the director's designee may
  3 11 modify the plan of payment at any time to reflect the
  3 12 offender's present circumstances.
  3 13    e.  After the expiration of the offender's
  3 14 sentence, the failure of an offender to comply with
  3 15 the plan of restitution ordered by the court shall
  3 16 constitute contempt of court.  Upon the expiration of
  3 17 the offender's sentence, the department shall notify
  3 18 the court which sentenced the offender and the court
  3 19 shall enter a civil judgment against the offender for
  3 20 the balance, if any, of any restitution owed by the
  3 21 offender to the victim of the crime.
  3 22    2.  If an offender is to be placed on work release
  3 23 from an institution under the control of the director
  3 24 of the Iowa department of corrections, restitution
  3 25 shall be a condition of work release.
  3 26    a.  The chief of the bureau of community
  3 27 correctional services of the Iowa department of
  3 28 corrections shall prepare a restitution plan of
  3 29 payment or may modify any previously existing
  3 30 restitution plan of payment.
  3 31    (1)  The new or modified plan of payment shall
  3 32 reflect the offender's present circumstances
  3 33 concerning the offender's income, physical and mental
  3 34 health, education, employment, and family
  3 35 circumstances.
  3 36    (2)  The bureau chief may modify the plan of
  3 37 payment at any time to reflect the offender's present
  3 38 circumstances.
  3 39    b.  Failure of the offender to comply with the
  3 40 restitution plan of payment, including the community
  3 41 service requirement, if any, shall constitute a
  3 42 violation of a condition of work release and the work
  3 43 release privilege may be revoked.
  3 44    c.  After the expiration of the offender's
  3 45 sentence, the failure of an offender to comply with
  3 46 the plan of restitution ordered by the court shall
  3 47 constitute contempt of court.  Upon the expiration of
  3 48 the offender's sentence, the bureau chief shall notify
  3 49 the court which sentenced the offender and the court
  3 50 shall enter a civil judgment against the offender for
  4  1 the balance, if any, of any restitution owed by the
  4  2 offender to the victim of the crime.
  4  3    3.  If an offender is to be placed on work release
  4  4 from a facility under control of a county sheriff or
  4  5 the judicial district department of correctional
  4  6 services, restitution shall be a condition of work
  4  7 release.
  4  8    a.  The office or individual charged with
  4  9 supervision of the offender shall prepare a
  4 10 restitution plan of payment or may modify any
  4 11 previously existing restitution plan of payment.
  4 12    (1)  The new or modified plan of payment shall
  4 13 reflect the offender's present circumstances
  4 14 concerning the offender's income, physical and mental
  4 15 health, education, employment and family
  4 16 circumstances.
  4 17    (2)  Failure of the offender to comply with the
  4 18 restitution plan of payment including the community
  4 19 service requirement, if any, constitutes a violation
  4 20 of a condition of work release.
  4 21    (3)  The office or individual charged with
  4 22 supervision of the offender may modify the plan of
  4 23 restitution at any time to reflect the offender's
  4 24 present circumstances.
  4 25    b.  After the expiration of the offender's
  4 26 sentence, the failure of an offender to comply with
  4 27 the plan of restitution ordered by the court shall
  4 28 constitute contempt of court.  Upon the expiration of
  4 29 the offender's sentence, the office or individual
  4 30 charged with supervision of the offender shall notify
  4 31 the court which sentenced the offender and the court
  4 32 shall enter a civil judgment against the offender for
  4 33 the balance, if any, of any restitution owed by the
  4 34 offender to the victim of the crime.
  4 35    4.  If an offender is to be placed on parole,
  4 36 restitution shall be a condition of parole.
  4 37    a.  The district department of correctional
  4 38 services to which the offender will be assigned shall
  4 39 prepare a restitution plan of payment or may modify
  4 40 any previously existing restitution plan of payment.
  4 41    (1)  The new or modified plan of payment shall
  4 42 reflect the offender's present circumstances
  4 43 concerning the offender's income, physical and mental
  4 44 health, education, employment, and family
  4 45 circumstances.
  4 46    (2)  Failure of the offender to comply with the
  4 47 restitution plan of payment including a community
  4 48 service requirement, if any, shall constitute a
  4 49 violation of a condition of parole.
  4 50    (3)  The parole officer may modify the plan of
  5  1 payment any time to reflect the offender's present
  5  2 circumstances.
  5  3    (4)  A restitution plan of payment or modified plan
  5  4 of payment, prepared by a parole officer, must meet
  5  5 the approval of the director of the district
  5  6 department of correctional services.
  5  7    b.  After the expiration of the offender's
  5  8 sentence, the failure of an offender to comply with
  5  9 the plan of restitution ordered by the court shall
  5 10 constitute contempt of court.  Upon the expiration of
  5 11 the offender's sentence, the parole officer shall
  5 12 notify the court which sentenced the offender and the
  5 13 court shall enter a civil judgment against the
  5 14 offender for the balance, if any, of any restitution
  5 15 owed by the offender to the victim of the crime.
  5 16    5.  The director of the Iowa department of
  5 17 corrections shall promulgate adopt rules pursuant to
  5 18 chapter 17A concerning the policies and procedures to
  5 19 be used in preparing and implementing restitution
  5 20 plans of payment for offenders who are committed to an
  5 21 institution under the control of the director of the
  5 22 Iowa department of corrections, for offenders who are
  5 23 to be released on work release from institutions under
  5 24 the control of the director of the Iowa department of
  5 25 corrections, for offenders who are placed on
  5 26 probation, and for offenders who are released on
  5 27 parole."
  5 28    #2.  By renumbering as necessary.  
  5 29 
  5 30 
  5 31                              
  5 32 RANDAL J. GIANNETTO
  5 33 HF 2458.704 76
  5 34 ec/sc
     

Text: S05595                            Text: S05597
Text: S05500 - S05599                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

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