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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 and the court may hold the person
1 24 in contempt for violation of the order or, upon notice of the
1 25 noncompliance and a hearing, enter a civil judgment against
1 26 the offender for the outstanding balance of payments under the
1 27 plan of restitution. The civil judgment shall be governed by
1 28 the law relating to judgments, judgment liens, executions, and
1 29 other process available to creditors for the collection of
1 30 debts.
1 31 Sec. 2. Section 910.5, subsections 2, 3, and 4, Code 1995,
1 32 are amended to read as follows:
1 33 2. If an offender is to be placed on work release from an
1 34 institution under the control of the director of the Iowa
1 35 department of corrections, restitution shall be a condition of
2 1 work release. The chief of the bureau of community
2 2 correctional services of the Iowa department of corrections,
2 3 shall prepare a restitution plan of payment or may modify any
2 4 previously existing restitution plan of payment. The new or
2 5 modified plan of payment shall reflect the offender's present
2 6 circumstances concerning the offender's income, physical and
2 7 mental health, education, employment, and family
2 8 circumstances. The bureau chief may modify the plan of
2 9 payment at any time to reflect the offender's present
2 10 circumstances. Failure of the offender to comply with the
2 11 restitution plan of payment, including the community service
2 12 requirement, if any, shall constitute a violation of a
2 13 condition of work release and the work release privilege may
2 14 be revoked. After the expiration of the offender's sentence,
2 15 the failure of an offender to comply with the plan of
2 16 restitution ordered by the court shall constitute contempt of
2 17 court and the court may hold the person in contempt for
2 18 violation of the order or, upon notice of the noncompliance
2 19 and a hearing, enter a civil judgment against the offender for
2 20 the outstanding balance of payments under the plan of
2 21 restitution. The civil judgment shall be governed by the law
2 22 relating to judgments, judgment liens, executions, and other
2 23 process available to creditors for the collection of debts.
2 24 3. If an offender is to be placed on work release from a
2 25 facility under control of a county sheriff or the judicial
2 26 district department of correctional services, restitution
2 27 shall be a condition of work release. The office or
2 28 individual charged with supervision of the offender shall
2 29 prepare a restitution plan of payment or may modify any
2 30 previously existing restitution plan of payment. The new or
2 31 modified plan of payment shall reflect the offender's present
2 32 circumstances concerning the offender's income, physical and
2 33 mental health, education, employment and family circumstances.
2 34 Failure of the offender to comply with the restitution plan of
2 35 payment including the community service requirement, if any,
3 1 constitutes a violation of a condition of work release. The
3 2 office or individual charged with supervision of the offender
3 3 may modify the plan of restitution at any time to reflect the
3 4 offender's present circumstances. After the expiration of the
3 5 offender's sentence, the failure of an offender to comply with
3 6 the plan of restitution ordered by the court shall constitute
3 7 contempt of court and the court may hold the person in
3 8 contempt for violation of the order or, upon notice of the
3 9 noncompliance and a hearing, enter a civil judgment against
3 10 the offender for the outstanding balance of payments under the
3 11 plan of restitution. The civil judgment shall be governed by
3 12 the law relating to judgments, judgment liens, executions, and
3 13 other process available to creditors for the collection of
3 14 debts.
3 15 4. If an offender is to be placed on parole, restitution
3 16 shall be a condition of parole. The district department of
3 17 correctional services to which the offender will be assigned
3 18 shall prepare a restitution plan of payment or may modify any
3 19 previously existing restitution plan of payment. The new or
3 20 modified plan of payment shall reflect the offender's present
3 21 circumstances concerning the offender's income, physical and
3 22 mental health, education, employment, and family
3 23 circumstances. Failure of the offender to comply with the
3 24 restitution plan of payment including a community service
3 25 requirement, if any, shall constitute a violation of a
3 26 condition of parole. The parole officer may modify the plan
3 27 of payment any time to reflect the offender's present
3 28 circumstances. A restitution plan of payment or modified plan
3 29 of payment, prepared by a parole officer, must meet the
3 30 approval of the director of the district department of
3 31 correctional services. After the expiration of the offender's
3 32 sentence, the failure of an offender to comply with the plan
3 33 of restitution ordered by the court shall constitute contempt
3 34 of court and the court may hold the person in contempt for
3 35 violation of the order or, upon notice of the noncompliance
4 1 and a hearing, enter a civil judgment against the offender for
4 2 the outstanding balance of payments under the plan of
4 3 restitution. The civil judgment shall be governed by the law
4 4 relating to judgments, judgment liens, executions, and other
4 5 process available to creditors for the collection of debts.
4 6 EXPLANATION
4 7 This bill permits the court to continue to either hold a
4 8 person in contempt or enter a civil judgment against a person,
4 9 if the person has been convicted of a public offense and
4 10 ordered to make payments for restitution owed but the period
4 11 of probation or the person's sentence has expired. In State
4 12 v. Chase, 451 N.W.2d 499 (1990), the court held that the power
4 13 of the court to enforce a restitution order via contempt
4 14 proceedings against a defendant placed on probation was
4 15 coterminous with probation and once probation expires the
4 16 obligations between the criminal and the victim are left for
4 17 resolution by the civil courts. Language similar to the
4 18 language which makes payment of restitution a condition of
4 19 probation is also currently contained in the Code provisions
4 20 relating to the payment of restitution by persons on work
4 21 release or parole.
4 22 LSB 2014SC 76
4 23 lh/cf/24
Text: SSB00261 Text: SSB00263 Text: SSB00200 - SSB00299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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