Text: SSB02147 Text: SSB02149 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 910.4, Code Supplement 1995, is amended 1 2 to read as follows: 1 3 910.4 CONDITION OF PROBATION &endash; PAYMENT PLAN. 1 4 1. When restitution is ordered by the sentencing court and 1 5 the offender is placed on probation, restitution shall be a 1 6 condition of probation. 1 7 a. Failure of the offender to comply with the plan of 1 8 restitution, plan of payment, or community service 1 9 requirements when community service is ordered by the court as 1 10 restitution, shall constitute a violation of probation and 1 11 shall constitute contempt of court. 1 12 b.TheIf an offender fails to comply with restitution 1 13 requirements during probation, the court may hold the offender 1 14 in contempt, revoke probation, or extend the period of 1 15 probation, or upon notice of such noncompliance and hearing1 16thereon, the court may enter a civil judgment against the1 17offender for the outstanding balance of payments under the1 18plan of restitution and such judgment shall be governed by the1 19law relating to judgments, judgment liens, executions, and1 20other process available to creditors for the collection of1 21debts. 1 22 (1)However, ifIf the court extends the period of 1 23 probation,is extendedit shall not be for more than the 1 24 maximum period of probation for the offense committed as 1 25 provided in section 907.7. After discharge from probation or 1 26 after the expiration of the period of probation, the failure 1 27 of an offender to comply with the plan of restitution ordered 1 28 by the court shall constitute contempt of court.As part of1 29the order discharging an offender from probation, the court1 30shall enter a civil judgment against the offender for the1 31balance, if any, of any restitution owed by the offender to1 32the victim of the crime.1 33 (2) If an offender's probation is revoked, the offender's 1 34 assigned probation officer shall forward to the director of 1 35 the Iowa department of corrections, information concerning the 2 1 offender's restitution plan, restitution plan of payment, the 2 2 restitution payment balance, and any other pertinent 2 3 information concerning or affecting restitution by the 2 4 offender. 2 5 2. When the offender is committed to a county jail, or to 2 6 an alternate facility, the office or individual charged with 2 7 supervision of the offender shall prepare a restitution plan 2 8 of payment taking into consideration the offender's income, 2 9 physical and mental health, age, education, employment and 2 10 family circumstances. 2 11 a. The office or individual charged with supervision of 2 12 the offender shall review the plan of restitution ordered by 2 13 the court, and shall submit a restitution plan of payment to 2 14 the sentencing court. 2 15 b. When community service is ordered by the court as 2 16 restitution, the restitution plan of payment shall set out a 2 17 plan to meet the requirement for the community service. 2 18 c. The court may approve or modify the plan of restitution 2 19 and restitution plan of payment. 2 20 d. When there is a significant change in the offender's 2 21 income or circumstances, the office or individual which has 2 22 supervision of the plan of payment shall submit a modified 2 23 restitution plan of payment to the court. 2 24 3. When there is a transfer of supervision from one office 2 25 or individual charged with supervision of the offender to 2 26 another, the sending office or individual shall forward to the 2 27 receiving office or individual all necessary information 2 28 regarding the balance owed against the original amount of 2 29 restitution ordered and the balance of public service 2 30 required. 2 31 When the offender's circumstances and income have 2 32 significantly changed, the receiving office or individual 2 33 shall submit a new plan of payment to the sentencing court for 2 34 approval or modification based on the considerations 2 35 enumerated in this section. 3 1 Sec. 2. Section 910.5, Code Supplement 1995, is amended to 3 2 read as follows: 3 3 910.5 CONDITION OF WORK RELEASE OR PAROLE. 3 4 1. a. When an offender is committed to the custody of the 3 5 director of the Iowa department of corrections pursuant to a 3 6 sentence of confinement, the sentencing court shall forward to 3 7 the director,a copy of the offender's restitution plan, 3 8 present restitution payment plan if any, and other pertinent 3 9 information concerning or affecting restitution by the 3 10 offender. 3 11 b.However, ifIf the offender is committed to the custody 3 12 of the director after revocation of probation,thisall 3 13 information regarding the offender's restitution plan shall be 3 14 forwarded by the offender's probation officer. 3 15 c. An offender committed to a penal or correctional 3 16 facility of the state shall make restitution while placed in 3 17 that facility. 3 18 d. Upon commitment to the custody of the director of the 3 19 Iowa department of corrections, the director or the director's 3 20 designee shall prepare a restitution plan of payment or modify 3 21 any existing plan of payment. 3 22 (1) The new or modified plan of payment shall reflect the 3 23 offender's present circumstances concerning the offender's 3 24 income, physical and mental health, education, employment, and 3 25 family circumstances. 3 26 (2) The director or the director's designee may modify the 3 27 plan of payment at any time to reflect the offender's present 3 28 circumstances. 3 29 e. After the expiration of the offender's sentence, the 3 30 failure of an offender to comply with the plan of restitution 3 31 ordered by the court shall constitute contempt of court.Upon3 32the expiration of the offender's sentence, the department3 33shall notify the court which sentenced the offender and the3 34court shall enter a civil judgment against the offender for3 35the balance, if any, of any restitution owed by the offender4 1to the victim of the crime.4 2 2. If an offender is to be placed on work release from an 4 3 institution under the control of the director of the Iowa 4 4 department of corrections, restitution shall be a condition of 4 5 work release. 4 6 a. The chief of the bureau of community correctional 4 7 services of the Iowa department of corrections shall prepare a 4 8 restitution plan of payment or may modify any previously 4 9 existing restitution plan of payment. 4 10 (1) The new or modified plan of payment shall reflect the 4 11 offender's present circumstances concerning the offender's 4 12 income, physical and mental health, education, employment, and 4 13 family circumstances. 4 14 (2) The bureau chief may modify the plan of payment at any 4 15 time to reflect the offender's present circumstances. 4 16 b. Failure of the offender to comply with the restitution 4 17 plan of payment, including the community service requirement, 4 18 if any, shall constitute a violation of a condition of work 4 19 release and the work release privilege may be revoked. 4 20 c. After the expiration of the offender's sentence, the 4 21 failure of an offender to comply with the plan of restitution 4 22 ordered by the court shall constitute contempt of court.Upon4 23the expiration of the offender's sentence, the bureau chief4 24shall notify the court which sentenced the offender and the4 25court shall enter a civil judgment against the offender for4 26the balance, if any, of any restitution owed by the offender4 27to the victim of the crime.4 28 3. If an offender is to be placed on work release from a 4 29 facility under control of a county sheriff or the judicial 4 30 district department of correctional services, restitution 4 31 shall be a condition of work release. 4 32 a. The office or individual charged with supervision of 4 33 the offender shall prepare a restitution plan of payment or 4 34 may modify any previously existing restitution plan of 4 35 payment. 5 1 (1) The new or modified plan of payment shall reflect the 5 2 offender's present circumstances concerning the offender's 5 3 income, physical and mental health, education, employment and 5 4 family circumstances. 5 5 (2) Failure of the offender to comply with the restitution 5 6 plan of payment including the community service requirement, 5 7 if any, constitutes a violation of a condition of work 5 8 release. 5 9 (3) The office or individual charged with supervision of 5 10 the offender may modify the plan of restitution at any time to 5 11 reflect the offender's present circumstances. 5 12 b. After the expiration of the offender's sentence, the 5 13 failure of an offender to comply with the plan of restitution 5 14 ordered by the court shall constitute contempt of court.Upon5 15the expiration of the offender's sentence, the office or5 16individual charged with supervision of the offender shall5 17notify the court which sentenced the offender and the court5 18shall enter a civil judgment against the offender for the5 19balance, if any, of any restitution owed by the offender to5 20the victim of the crime.5 21 4. If an offender is to be placed on parole, restitution 5 22 shall be a condition of parole. 5 23 a. The district department of correctional services to 5 24 which the offender will be assigned shall prepare a 5 25 restitution plan of payment or may modify any previously 5 26 existing restitution plan of payment. 5 27 (1) The new or modified plan of payment shall reflect the 5 28 offender's present circumstances concerning the offender's 5 29 income, physical and mental health, education, employment, and 5 30 family circumstances. 5 31 (2) Failure of the offender to comply with the restitution 5 32 plan of payment including a community service requirement, if 5 33 any, shall constitute a violation of a condition of parole. 5 34 (3) The parole officer may modify the plan of payment any 5 35 time to reflect the offender's present circumstances. 6 1 (4) A restitution plan of payment or modified plan of 6 2 payment, prepared by a parole officer, must meet the approval 6 3 of the director of the district department of correctional 6 4 services. 6 5 b. After the expiration of the offender's sentence, the 6 6 failure of an offender to comply with the plan of restitution 6 7 ordered by the court shall constitute contempt of court.Upon6 8the expiration of the offender's sentence, the parole officer6 9shall notify the court which sentenced the offender and the6 10court shall enter a civil judgment against the offender for6 11the balance, if any, of any restitution owed by the offender6 12to the victim of the crime.6 13 5. The director of the Iowa department of corrections 6 14 shallpromulgateadopt rules pursuant to chapter 17A 6 15 concerning the policies and procedures to be used in preparing 6 16 and implementing restitution plans of payment for offenders 6 17 who are committed to an institution under the control of the 6 18 director of the Iowa department of corrections, for offenders 6 19 who are to be released on work release from institutions under 6 20 the control of the director of the Iowa department of 6 21 corrections, for offenders who are placed on probation, and 6 22 for offenders who are released on parole. 6 23 EXPLANATION 6 24 Section 910.7A provides that every restitution order 6 25 entered by the judge constitutes a judgement as of the time 6 26 the original order is entered. In this bill, Code language is 6 27 deleted that requires a court to enter a civil judgment after 6 28 entry of the order of restitution. 6 29 LSB 3722XL 76 6 30 jls/jw/5
Text: SSB02147 Text: SSB02149 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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