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PAG LIN 1 1 Section 1. NEW SECTION. 909A.1 PILOT PROGRAM ESTABLISHED 1 2 &endash; DURATION. 1 3 The department of human rights, division of criminal and 1 4 juvenile justice planning, in cooperation with selected 1 5 governmental entities, may establish a pilot program to expand 1 6 the use of the structured fines concept in counties and 1 7 judicial districts also wishing to participate in the pilot 1 8 program. Sections 909A.2 through 909A.5 shall apply only 1 9 within those counties which have previously contracted with 1 10 the department of human rights, division of criminal and 1 11 juvenile justice planning, to operate a structured fines pilot 1 12 project and currently have a structured fines pilot site in 1 13 operation, and in those counties and judicial districts with 1 14 whom the department of human rights, division of criminal and 1 15 juvenile justice planning has a current agreement regarding 1 16 participation in the structured fines pilot program, from the 1 17 effective date of this Act through June 30, 1998. 1 18 The department of human rights, division of criminal and 1 19 juvenile justice planning, shall enter into agreements of 1 20 participation in the pilot program with interested 1 21 governmental entities to the extent that start-up funding is 1 22 available to the division, and shall choose from among 1 23 interested sites following an open and competitive selection 1 24 process involving selection criteria to be adopted by the 1 25 division. To be eligible for consideration, an interested 1 26 site must be able to assure the involvement and cooperation of 1 27 the site's county attorney and court officials, including the 1 28 clerk of the district court; the appropriate judicial district 1 29 department of correctional services; and any other agency or 1 30 official to be affected by the pilot site activities. 1 31 Sec. 2. NEW SECTION. 909A.2 PAYMENT IN INSTALLMENTS OR 1 32 ON A FIXED FUTURE DATE &endash; INSTALLMENT FEE AND INTEREST &endash; 1 33 STRUCTURED CIVIL PENALTY. 1 34 1. If the district court orders a structured fine, 1 35 structured civil penalty, or structured civil penalty 2 1 surcharge imposed pursuant to this chapter, the criminal 2 2 penalty surcharge for a structured fine imposed pursuant to 2 3 chapter 911, indigent defense fees assessed as restitution 2 4 pursuant to chapter 910 for a case in which a structured fine 2 5 or structured civil penalty was imposed, or court costs 2 6 assessed pursuant to chapter 602 for a case in which a 2 7 structured fine or structured civil penalty was imposed, to be 2 8 paid in installments or at a fixed date in the future, the 2 9 court shall do all of the following: 2 10 a. Impose a time payment fee in the amount of twenty-five 2 11 dollars. 2 12 b. Impose interest charges on the unsatisfied judgment 2 13 from the date of sentencing at the rate provided in section 2 14 535.3 for court judgments. 2 15 2. Notwithstanding any other provision of law to the 2 16 contrary, when a deferred judgment or deferred sentence is 2 17 entered by the court pursuant to chapter 907, the court may 2 18 impose a structured civil penalty that is calculated in the 2 19 same manner as a structured fine. The structured civil 2 20 penalty shall be subject to a structured civil penalty 2 21 surcharge equal to the criminal penalty surcharge under 2 22 section 911.2. The structured civil penalty and the 2 23 structured civil penalty surcharge shall be disbursed in the 2 24 manner provided for in section 909A.4, subsection 2. 2 25 Sec. 3. NEW SECTION. 909A.3 NO MINIMUM FINE. 2 26 Notwithstanding any other provisions of law, a structured 2 27 fine imposed pursuant to this chapter in a county 2 28 participating in the structured fines pilot program shall not 2 29 be required to be imposed in any minimum amount. 2 30 Sec. 4. NEW SECTION. 909A.4 DISTRIBUTION OF CERTAIN FEES 2 31 UNDER THE STRUCTURED FINES PILOT PROGRAM. 2 32 1. Upon receiving payment of the time payment fee, the 2 33 clerk of the district court shall remit all time payments fees 2 34 collected by the fifteenth day of the month following payment 2 35 to the governmental entity having overall responsibility for 3 1 the operation of the structured fines pilot program within the 3 2 county. Upon receiving payment of interest charges, the clerk 3 3 of the district court shall remit all interest charges 3 4 collected by the fifteenth day of the month following payment 3 5 to the treasurer of state to be credited to the general fund 3 6 of the state. 3 7 2. Notwithstanding any other provision of law, the clerk 3 8 of the district court for a county participating in a 3 9 structured fines pilot program shall remit by the fifteenth 3 10 day of the month following payment fifteen percent of all 3 11 structured fines, criminal penalty surcharges, structured 3 12 civil penalties, structured civil penalty surcharges, indigent 3 13 defense fees, court costs, and any other assessed fees, other 3 14 than payment of pecuniary damages to a victim as defined in 3 15 section 910.1, collected in cases where a structured fine or 3 16 structured civil penalty was imposed, to the governmental 3 17 entity having overall responsibility for the operation of the 3 18 structured fines pilot program within the county and the 3 19 remaining eighty-five percent to the treasurer of state for 3 20 deposit in the general fund of the state. 3 21 3. The governmental entity having overall responsibility 3 22 for the operation of the structured fines pilot program within 3 23 the county and receiving structured fines moneys from the 3 24 clerk of the district court pursuant to this section shall: 3 25 a. Establish a separate accounting or bank account, into 3 26 which only the structured fines moneys received from the clerk 3 27 of the district court shall be recorded or deposited. A 3 28 system shall be established to provide adequate fund 3 29 accountability so as to ensure that structured fines moneys 3 30 received from the clerk of the district court are accounted 3 31 for separately from other funds. The moneys in the structured 3 32 fines account shall be used only to pay the costs of 3 33 structured fines pilot program operations. 3 34 b. Ensure that the balance in the structured fines account 3 35 does not exceed, at the end of the fiscal year, the total 4 1 amount of the structured fines moneys received from the clerk 4 2 of the district court within the preceding three calendar 4 3 months. For purposes of complying with this maximum balance 4 4 provision, moneys expended or obligated by the end of the 4 5 current fiscal year, or moneys budgeted for expenditure during 4 6 the first quarter of the next fiscal year, shall be considered 4 7 to have reduced the structured fines account whether or not 4 8 actually charged by the bank or credited to the accounting 4 9 records. Any moneys in excess of the maximum account balance 4 10 provision at the end of the fiscal year shall be remitted to 4 11 the treasurer of state to be credited to the general fund of 4 12 the state. 4 13 c. Ensure that upon the termination of structured fines 4 14 operations within the county, all unexpended and unobligated 4 15 moneys contained in the structured fines account are remitted 4 16 within sixty days of the termination of structured fines 4 17 operations to the treasurer of state to be credited to the 4 18 general fund of the state. 4 19 4. A structured fines operation in a county shall 4 20 terminate within sixty days of notice from the chief judge of 4 21 the judicial district containing the pilot site that it is the 4 22 intent of the court to cease ordering structured fines. The 4 23 notice shall be submitted to the governmental entity having 4 24 overall responsibility for the operation of the structured 4 25 fines program in the pilot site, the division of criminal and 4 26 juvenile justice planning of the department of human rights, 4 27 and the legislative fiscal bureau. 4 28 Sec. 5. NEW SECTION. 909A.5 STRUCTURED FINE AND 4 29 STRUCTURED CIVIL PENALTY AS JUDGMENT. 4 30 If a court has imposed a structured fine or structured 4 31 civil penalty on a defendant, the judgment in the case shall 4 32 state the amount of the structured fine or structured civil 4 33 penalty assessed, the amount of the criminal penalty surcharge 4 34 or structured civil penalty surcharge assessed, the amount of 4 35 the court costs assessed, the amount of any time payment fee 5 1 assessed, the amount of any indigent defense fees assessed as 5 2 restitution, and the type and amount of any other applicable 5 3 fees assessed in the case. At the time of imposing sentence, 5 4 the court shall inform the defendant of the type and amount of 5 5 the assessments imposed, and that the assessments have the 5 6 force and effect of a judgment against the defendant in the 5 7 total amount of the assessments imposed. The court shall also 5 8 inform the offender of the duty to pay the judgment in a 5 9 timely manner. 5 10 The law relating to judgment liens, executions, and other 5 11 process available to creditors for the collection of debts 5 12 shall be applicable to such judgments. However, no law 5 13 exempting the personal property of the offender from any lien 5 14 or legal process shall be applicable to such judgments. 5 15 Sec. 6. NEW SECTION. 909A.6 REPEAL. 5 16 This chapter is repealed July 1, 1998. 5 17 Sec. 7. REPEALS. 5 18 1. 1992 Iowa Acts, chapter 1202, is repealed. 5 19 2. 1993 Iowa Acts, chapter 81, is repealed. 5 20 Sec. 8. EFFECTIVE DATE. This Act, being deemed of 5 21 immediate importance, takes effect upon enactment. 5 22 SF 416 5 23 mk/cc/26
Text: SF00415 Text: SF00417 Text: SF00400 - SF00499 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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