Text: SSB00261 Text: SSB00263 Text: SSB00200 - SSB00299 Text: SSB 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 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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