Text: SF00372 Text: SF00374 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN
1 1 Section 1. Section 910.4, unnumbered paragraph 1, Code
1 2 1995, is amended to read as follows:
1 3 When restitution is ordered by the sentencing court and the
1 4 offender is placed on probation, restitution shall be a
1 5 condition of probation. Failure of the offender to comply
1 6 with the plan of restitution, plan of payment, or community
1 7 service requirements when community service is ordered by the
1 8 court as restitution, shall constitute a violation of
1 9 probation and shall constitute contempt of court. The court
1 10 may hold the offender in contempt, revoke probation, or extend
1 11 the period of probation, or upon notice of such noncompliance
1 12 and hearing thereon, the court may enter a civil judgment
1 13 against the offender for the outstanding balance of payments
1 14 under the plan of restitution and such judgment shall be
1 15 governed by the law relating to judgments, judgment liens,
1 16 executions, and other process available to creditors for the
1 17 collection of debts. However, if the period of probation is
1 18 extended it shall not be for more than the maximum period of
1 19 probation for the offense committed as provided in section
1 20 907.7. After discharge from probation or after the expiration
1 21 of the period of probation, the failure of an offender to
1 22 comply with the plan of restitution ordered by the court shall
1 23 constitute contempt of court. As part of the order
1 24 discharging an offender from probation, the court shall enter
1 25 a civil judgment against the offender for the balance, if any,
1 26 of any restitution owed by the offender to the victim of the
1 27 crime.
1 28 Sec. 2. Section 910.5, subsection 1, unnumbered paragraph
1 29 2, Code 1995, is amended to read as follows:
1 30 An offender committed to a penal or correctional facility
1 31 of the state, shall make restitution while placed in that
1 32 facility. Upon commitment to the custody of the director of
1 33 the Iowa department of corrections, the director or the
1 34 director's designee shall prepare a restitution plan of
1 35 payment or modify any existing plan of payment. The new or
2 1 modified plan of payment shall reflect the offender's present
2 2 circumstances concerning the offender's income, physical and
2 3 mental health, education, employment, and family
2 4 circumstances. The director or the director's designee may
2 5 modify the plan of payment at any time to reflect the
2 6 offender's present circumstances. After the expiration of the
2 7 offender's sentence, the failure of an offender to comply with
2 8 the plan of restitution ordered by the court shall constitute
2 9 contempt of court. Upon the expiration of the offender's
2 10 sentence, the department shall notify the court which
2 11 sentenced the offender and the court shall enter a civil
2 12 judgment against the offender for the balance, if any, of any
2 13 restitution owed by the offender to the victim of the crime.
2 14 Sec. 3. Section 910.5, subsections 2, 3, and 4, Code 1995,
2 15 are amended to read as follows:
2 16 2. If an offender is to be placed on work release from an
2 17 institution under the control of the director of the Iowa
2 18 department of corrections, restitution shall be a condition of
2 19 work release. The chief of the bureau of community
2 20 correctional services of the Iowa department of corrections,
2 21 shall prepare a restitution plan of payment or may modify any
2 22 previously existing restitution plan of payment. The new or
2 23 modified plan of payment shall reflect the offender's present
2 24 circumstances concerning the offender's income, physical and
2 25 mental health, education, employment, and family
2 26 circumstances. The bureau chief may modify the plan of
2 27 payment at any time to reflect the offender's present
2 28 circumstances. Failure of the offender to comply with the
2 29 restitution plan of payment, including the community service
2 30 requirement, if any, shall constitute a violation of a
2 31 condition of work release and the work release privilege may
2 32 be revoked. After the expiration of the offender's sentence,
2 33 the failure of an offender to comply with the plan of
2 34 restitution ordered by the court shall constitute contempt of
2 35 court. Upon the expiration of the offender's sentence, the
3 1 bureau chief shall notify the court which sentenced the
3 2 offender and the court shall enter a civil judgment against
3 3 the offender for the balance, if any, of any restitution owed
3 4 by the offender to the victim of the crime.
3 5 3. If an offender is to be placed on work release from a
3 6 facility under control of a county sheriff or the judicial
3 7 district department of correctional services, restitution
3 8 shall be a condition of work release. The office or
3 9 individual charged with supervision of the offender shall
3 10 prepare a restitution plan of payment or may modify any
3 11 previously existing restitution plan of payment. The new or
3 12 modified plan of payment shall reflect the offender's present
3 13 circumstances concerning the offender's income, physical and
3 14 mental health, education, employment and family circumstances.
3 15 Failure of the offender to comply with the restitution plan of
3 16 payment including the community service requirement, if any,
3 17 constitutes a violation of a condition of work release. The
3 18 office or individual charged with supervision of the offender
3 19 may modify the plan of restitution at any time to reflect the
3 20 offender's present circumstances. After the expiration of the
3 21 offender's sentence, the failure of an offender to comply with
3 22 the plan of restitution ordered by the court shall constitute
3 23 contempt of court. Upon the expiration of the offender's
3 24 sentence, the office or individual charged with supervision of
3 25 the offender shall notify the court which sentenced the
3 26 offender and the court shall enter a civil judgment against
3 27 the offender for the balance, if any, of any restitution owed
3 28 by the offender to the victim of the crime.
3 29 4. If an offender is to be placed on parole, restitution
3 30 shall be a condition of parole. The district department of
3 31 correctional services to which the offender will be assigned
3 32 shall prepare a restitution plan of payment or may modify any
3 33 previously existing restitution plan of payment. The new or
3 34 modified plan of payment shall reflect the offender's present
3 35 circumstances concerning the offender's income, physical and
4 1 mental health, education, employment, and family
4 2 circumstances. Failure of the offender to comply with the
4 3 restitution plan of payment including a community service
4 4 requirement, if any, shall constitute a violation of a
4 5 condition of parole. The parole officer may modify the plan
4 6 of payment any time to reflect the offender's present
4 7 circumstances. A restitution plan of payment or modified plan
4 8 of payment, prepared by a parole officer, must meet the
4 9 approval of the director of the district department of
4 10 correctional services. After the expiration of the offender's
4 11 sentence, the failure of an offender to comply with the plan
4 12 of restitution ordered by the court shall constitute contempt
4 13 of court. Upon the expiration of the offender's sentence, the
4 14 parole officer shall notify the court which sentenced the
4 15 offender and the court shall enter a civil judgment against
4 16 the offender for the balance, if any, of any restitution owed
4 17 by the offender to the victim of the crime.
4 18 SF 373
4 19 lh/cc/26
Text: SF00372 Text: SF00374 Text: SF00300 - SF00399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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