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PAG LIN
1 1 Section 1. Section 907.3, subsection 1, Code 1995, is
1 2 amended by adding the following new paragraph:
1 3 NEW PARAGRAPH. j. The defendant is required to
1 4 participate in mediation pursuant to section 907.4A in order
1 5 to be eligible for a deferred judgment and the defendant fails
1 6 to participate in mediation.
1 7 Sec. 2. NEW SECTION. 907.4A MEDIATION FOR NONVIOLENT
1 8 OFFENDERS &endash; EFFECT OF REFUSAL TO PARTICIPATE.
1 9 1. A defendant who commits a nonviolent offense and has no
1 10 previous record of conviction for an indictable public offense
1 11 shall not be eligible for a deferred judgment unless the
1 12 defendant participates in mediation, in the manner required by
1 13 the court, with the victim of the crime, or with the
1 14 prosecutor if the offense does not involve injury to a person
1 15 or property. The mediation shall be conducted by a person,
1 16 approved by the court, who is trained as a mediator and shall
1 17 provide for face-to-face contact of the defendant with the
1 18 victim or the prosecutor. Mediation shall only be conducted
1 19 with the consent of the defendant and the prosecutor, and with
1 20 the consent of the victim if the offense involves injury to a
1 21 person or property. Mediation topics shall include, but shall
1 22 not be limited to, costs incurred by the victim as a result of
1 23 the commission of the offense and the harm caused or posed to
1 24 the public and the victim by the commission of the offense.
1 25 Costs of mediation are court costs and shall be recoverable
1 26 from the defendant under the defendant's plan of restitution.
1 27 2. The refusal of a victim, prosecutor, or defendant to
1 28 participate in mediation shall be deemed a failure of the
1 29 defendant to participate in mediation. The prosecutor shall
1 30 report the results of mediation and any failure of a defendant
1 31 to participate in mediation to the court prior to or at the
1 32 time set for pronouncement of judgment and sentence in the
1 33 case under section 901.5.
1 34 3. For purposes of this section, a "nonviolent offense"
1 35 means an offense which does not involve conduct which would be
2 1 an assault, as defined under section 708.1.
2 2 EXPLANATION
2 3 This bill requires that mediation be completed prior to the
2 4 granting of a deferred judgment for any nonviolent offense if
2 5 the defendant has no prior record of conviction for an
2 6 indictable offense. Mediation is to be conducted by a trained
2 7 mediator, who is approved by the court. Both the victim and
2 8 the defendant, as well as the prosecutor, must consent to the
2 9 mediation before it can take place. The refusal of any of
2 10 those individuals is deemed a failure to participate on the
2 11 part of the defendant. In cases in which there is no injury
2 12 to a person or property, the mediation shall be between the
2 13 prosecutor and the defendant, whereas in other cases,
2 14 mediation shall be between the defendant and the victim.
2 15 Mediation topics shall include the costs of the crime to the
2 16 victim and the threat posed to the public and the victim by
2 17 the commission of the crime. The costs of mediation are court
2 18 costs and are recoverable from the defendant as part of the
2 19 defendant's plan of restitution. Nonviolent is defined in the
2 20 bill as an offense which does not involve conduct which would
2 21 be an assault.
2 22 This bill may include a state mandate as defined in section
2 23 25B.3.
2 24 LSB 2061SC 76
2 25 lh/cf/24
Text: SSB00290 Text: SSB00292 Text: SSB00200 - SSB00299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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