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PAG LIN 1 1 Amend Senate File 2458, as amended, passed, and 1 2 reprinted by the House, as follows: 1 3 #1. Page 5, by inserting after line 12 the 1 4 following: 1 5 "Sec. . NEW SECTION. 901A.1 CORRECTIONS 1 6 CONTINUUM – INTERMEDIATE CRIMINAL SANCTIONS PROGRAM. 1 7 1. The corrections continuum consists of the 1 8 following: 1 9 a. LEVEL ONE. Noncommunity-based corrections 1 10 sanctions including the following: 1 11 (1) SELF-MONITORED SANCTIONS. Self-monitored 1 12 sanctions which are not monitored for compliance 1 13 including, but not limited to, fines and community 1 14 service. 1 15 (2) OTHER THAN SELF-MONITORED SANCTIONS. Other 1 16 than self-monitored sanctions which are monitored for 1 17 compliance by other than the district department of 1 18 correctional services including, but not limited to, 1 19 mandatory mediation, victim and offender 1 20 reconciliation, and noncommunity-based corrections 1 21 supervision. 1 22 b. LEVEL TWO. Probation and parole options 1 23 consisting of the following: 1 24 (1) MONITORED SANCTIONS. Monitored sanctions are 1 25 administrative supervision sanctions which are 1 26 monitored for compliance by the district department of 1 27 correctional services and include, but are not limited 1 28 to, low-risk offender-diversion programs. 1 29 (2) SUPERVISED SANCTIONS. Supervised sanctions 1 30 are regular probation or parole supervision and any 1 31 conditions established in the probation or parole 1 32 agreement or by court order. 1 33 (3) INTENSIVE SUPERVISION SANCTIONS. Intensive 1 34 supervision sanctions provide levels of supervision 1 35 above sanctions in subparagraph (2) but are less 1 36 restrictive than sanctions under paragraph "c" and 1 37 include electronic monitoring, day reporting, day 1 38 programming, live out programs for persons on work 1 39 release or who have violated chapter 321J, and 1 40 institutional work release under section 904.910. 1 41 c. LEVEL THREE. Quasi-incarceration sanctions. 1 42 Quasi-incarceration sanctions are those supported by 1 43 residential facility placement or twenty-four hour 1 44 electronic monitoring including, but not limited to, 1 45 the following: 1 46 (1) Residential treatment facilities. 1 47 (2) Operating while intoxicated offender treatment 1 48 facilities. 1 49 (3) Work release facilities. 1 50 (4) House arrest with electronic monitoring. 2 1 d. LEVEL FOUR. Short-term incarceration designed 2 2 to be of short duration, including, but not limited 2 3 to, the following: 2 4 (1) Twenty-one-day shock probation for persons who 2 5 violate chapter 321J. 2 6 (2) Jail for less than thirty days. 2 7 (3) Violators' facilities. 2 8 e. LEVEL FIVE. Incarceration which consists of 2 9 the following: 2 10 (1) Prison. 2 11 (2) Jail for thirty days or longer. 2 12 2. "Intermediate criminal sanctions program" means 2 13 a program structured around the corrections continuum 2 14 in subsection 1, describing sanctions and services 2 15 available in each level of the continuum in the 2 16 district and containing the policies of the district 2 17 department of correctional services regarding 2 18 placement of a person in a particular level of 2 19 sanction and the requirements and conditions under 2 20 which a defendant will be transferred between levels 2 21 in the corrections continuum under the program. 2 22 3. An intermediate criminal sanctions program 2 23 shall consist of only levels two, three, and four of 2 24 the corrections continuum and shall be operated in 2 25 accordance with an intermediate criminal sanctions 2 26 plan adopted by the chief judge of the judicial 2 27 district and the director of the judicial district 2 28 department of correctional services. The plan adopted 2 29 shall be designed to reduce probation revocations to 2 30 prison through the use of incremental, community-based 2 31 sanctions for probation violations. 2 32 The plan shall be subject to rules adopted by the 2 33 department of corrections. The rules shall include 2 34 provisions for transferring individuals between levels 2 35 in the continuum. The provisions shall include a 2 36 requirement that the reasons for the transfer be in 2 37 writing and that an opportunity for the individual to 2 38 contest the transfer be made available. 2 39 A copy of the program and plan shall be filed with 2 40 the chief judge of the judicial district, the 2 41 department of corrections, and the division of 2 42 criminal and juvenile justice planning of the 2 43 department of human rights. 2 44 4. a. The district department of correctional 2 45 services shall place an individual committed to it 2 46 under section 907.3 to the sanction and level of 2 47 supervision which is appropriate to the individual 2 48 based upon a current risk assessment evaluation. 2 49 Placements may be to levels two and three of the 2 50 corrections continuum. The district department may, 3 1 with the approval of the department of corrections, 3 2 place an individual in a level four violator facility 3 3 established pursuant to section 904.207 or use twenty- 3 4 one-day shock probation under subsection 1, paragraph 3 5 "d", subparagraph (1), only as a penalty for a 3 6 violation of a condition imposed under this section. 3 7 b. The district department may transfer an 3 8 individual along the intermediate criminal sanctions 3 9 program operated pursuant to subsection 3 as necessary 3 10 and appropriate during the period the individual is 3 11 assigned to the district department. However, nothing 3 12 in this section shall limit the district department's 3 13 ability to seek a revocation of the individual's 3 14 probation pursuant to section 908.11. 3 15 Sec. . Section 905.1, subsection 2, Code 1995, 3 16 is amended to read as follows: 3 17 2. "Community-based correctional program" means 3 18 correctional programs and services, including but not 3 19 limited to an intermediate criminal sanctions program 3 20 in accordance with the corrections continuum in 3 21 section 901A.1, designed to supervise and assist 3 22 individuals who are charged with or have been 3 23 convicted of a felony, an aggravated misdemeanor or a 3 24 serious misdemeanor, or who are on probation or parole 3 25 in lieu of or as a result of a sentence of 3 26 incarceration imposed upon conviction of any of these 3 27 offenses, or who are contracted to the district 3 28 department for supervision and housing while on work 3 29 release. 3 30 An intermediate criminal sanctions program shall be 3 31 designed by a district department in a manner that 3 32 provides services in a manner free of disparities 3 33 based upon an individual's race or ethnic origin. 3 34 Sec. . Section 907.3, subsection 1, unnumbered 3 35 paragraph 1, Code Supplement 1995, is amended to read 3 36 as follows: 3 37 With the consent of the defendant, the court may 3 38 defer judgment and may place the defendant on 3 39 probation upon such conditions as it may require. 3 40 Upon a showing that the defendant is notco-operating3 41 cooperating with the program of probation or is not 3 42 responding to it, the court may withdraw the defendant 3 43 from the program, pronounce judgment, and impose any 3 44 sentence authorized by law. Before taking such 3 45 action, the court shall give the defendant an 3 46 opportunity to be heard on any matter relevant to the 3 47 proposed action. Upon fulfillment of the conditions 3 48 of probation, the defendant shall be discharged 3 49 without entry of judgment. Upon violation of the 3 50 conditions of probation, the court may proceed as 4 1 provided in chapter 908. 4 2 Sec. . Section 907.3, subsection 2, Code 4 3 Supplement 1995, is amended to read as follows: 4 4 2. At the time of or after pronouncing judgment 4 5 and with the consent of the defendant, the court may 4 6 defer the sentence and assign the defendant to the 4 7 judicial district department of correctional services. 4 8 The court may assign the defendant to supervision or 4 9 services under section 901A.1 at the level of 4 10 supervision which the district department determines 4 11 to be appropriate, if an intermediate criminal 4 12 sanctions plan and program has been adopted in the 4 13 judicial district under section 901A.1. However, the 4 14 court shall not defer the sentence for a violation of 4 15 section 708.2A if the defendant has previously 4 16 received a deferred judgment or sentence for a 4 17 violation of section 708.2 or 708.2A which was issued 4 18 on a domestic abuse assault, or if similar relief was 4 19 granted anywhere in the United States concerning that 4 20 jurisdiction's statutes which substantially correspond 4 21 to domestic abuse assault as provided in section 4 22 708.2A. In addition, the court shall not defer a 4 23 sentence if it is imposed for a conviction for or plea 4 24 of guilty to a violation of section 236.8 or for 4 25 contempt pursuant to section 236.8 or 236.14. Upon a 4 26 showing that the defendant is not fulfilling the 4 27 conditions of probation, the court may revoke 4 28 probation and impose any sentence authorized by law. 4 29 Before taking such action, the court shall give the 4 30 defendant an opportunity to be heard on any matter 4 31 relevant to the proposed action. Upon violation of 4 32 the conditions of probation, the court may proceed as 4 33 provided in chapter 908. 4 34 Sec. . Section 907.3, subsection 3, Code 4 35 Supplement 1995, is amended to read as follows: 4 36 3. By record entry at the time of or after 4 37 sentencing, the court may suspend the sentence and 4 38 place the defendant on probation upon such terms and 4 39 conditions as it may require including commitment to 4 40 an alternate jail facility or a community correctional 4 41 residential treatment facility for a specific number 4 42 of days to be followed by a term of probation as 4 43 specified in section 907.7, or commitment of the 4 44 defendant to the judicial district department of 4 45 correctional services for supervision or services 4 46 under section 901A.1 at the level of supervision which 4 47 the district department determines to be appropriate. 4 48 A person so committed who has probation revoked shall 4 49 be given credit for such time served. However, the 4 50 court shall not suspend the minimum term of two days 5 1 imposed pursuant to section 708.2A, and the court 5 2 shall not suspend a sentence imposed pursuant to 5 3 section 236.8 or 236.14 for contempt. 5 4 Sec. . Section 907.6, Code 1995, is amended to 5 5 read as follows: 5 6 907.6 CONDITIONS OF PROBATION – REGULATIONS. 5 7 Probationers are subject to the conditions 5 8 established by the judicial district department of 5 9 correctional services subject to the approval of the 5 10 court, and any additional reasonable conditions which 5 11 the court or district department may impose to promote 5 12 rehabilitation of the defendant or protection of the 5 13 community. Conditions may include but are not limited 5 14 to adherence to regulations generally applicable to 5 15 persons released on parole and including requiring 5 16 unpaid community service as allowed pursuant to 5 17 section 907.13." 5 18 #2. By renumbering as necessary. 5 19 5 20 5 21 5 22 ROBERT DVORSKY 5 23 RANDAL J. GIANNETTO 5 24 HF 2458.204 76 5 25 mk/jj
Text: S05711 Text: S05713 Text: S05700 - S05799 Text: S Index Bills and Amendments: General Index Bill History: General Index
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