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PAG LIN 1 1 Section 1. Section 321J.2, subsection 2, paragraphs b and 1 2 c, Code 1995, are amended to read as follows: 1 3 b. An aggravated misdemeanor for a second offense and 1 4 shall be imprisoned in the county jail or community-based 1 5 correctional facility not less than seven days, which minimum 1 6 term cannot be suspended notwithstanding section 901.5, 1 7 subsection 3 and section 907.3, subsection32, and assessed a 1 8 fine of not less than seven hundred fifty dollars. 1 9 c. A class "D" felony for a third offense and each 1 10 subsequent offense and shall be imprisoned in the county jail 1 11 for a determinate sentence of not more than one year but not 1 12 less than thirty days, or committed to the custody of the 1 13 director of the department of corrections, and assessed a fine 1 14 of not less than seven hundred fifty dollars. The minimum 1 15 jail term of thirty days cannot be suspended notwithstanding 1 16 section 901.5, subsection 3, and section 907.3, subsection31 17 2, however, the person sentenced shall receive credit for any 1 18 time the person was confined in a jail or detention facility 1 19 following arrest. If a person is committed to the custody of 1 20 the director of the department of corrections pursuant to this 1 21 paragraph and the sentence is suspended, the sentencing court 1 22 shall order that the offender serve the thirty-day minimum 1 23 term in the county jail. If the sentence which commits the 1 24 person to the custody of the director of the department of 1 25 corrections is later imposed by the court, all time served in 1 26 a county jail toward the thirty-day minimum term shall count 1 27 as time served toward the sentence which committed the person 1 28 to the custody of the director of the department of 1 29 corrections. A person convicted of a second or subsequent 1 30 offense shall be ordered to undergo a substance abuse 1 31 evaluation prior to sentencing. If a person is convicted of a 1 32 third or subsequent offense or if the evaluation recommends 1 33 treatment, the offender may be committed to the custody of the 1 34 director of the department of corrections, who, if the 1 35 sentence is not suspended, shall assign the person to a 2 1 facility pursuant to section 904.513 or the offender may be 2 2 committed to treatment in the community under the provisions 2 3 of section 907.6. 2 4 Sec. 2. NEW SECTION. 901A.1 CORRECTIONS CONTINUUM – 2 5 INTERMEDIATE CRIMINAL SANCTIONS PROGRAM. 2 6 1. The corrections continuum consists of the following: 2 7 a. LEVEL ONE. Noncommunity-based corrections sanctions 2 8 including the following: 2 9 (1) SELF-MONITORED SANCTIONS. Self-monitored sanctions 2 10 which are not monitored for compliance including, but not 2 11 limited to, fines, community service, and pretrial release on 2 12 one's own recognizance. 2 13 (2) OTHER THAN SELF-MONITORED SANCTIONS. Other than self- 2 14 monitored sanctions which are monitored for compliance by 2 15 other than the district department of correctional services 2 16 including, but not limited to, mandatory mediation, victim and 2 17 offender reconciliation, and noncommunity-based corrections 2 18 supervision. 2 19 b. LEVEL TWO. Probation and parole options consisting of 2 20 the following: 2 21 (1) MONITORED SANCTIONS. Monitored sanctions are 2 22 administrative supervision sanctions which are monitored for 2 23 compliance by the district department of correctional services 2 24 and include, but are not limited to, low-risk offender- 2 25 diversion programs under paragraph "a". 2 26 (2) SUPERVISED SANCTIONS. Supervised sanctions are 2 27 regular probation or parole supervision, and supervised 2 28 pretrial release with services including minimum, normal, and 2 29 intensive supervision only. 2 30 (3) INTENSIVE SUPERVISION SANCTIONS. Intensive 2 31 supervision sanctions provide levels of supervision above 2 32 sanctions in subparagraph (2) but are less restrictive than 2 33 sanctions under paragraph "c" and include electronic 2 34 monitoring, day reporting, day programming, live out programs 2 35 for persons on work release or who have violated chapter 321J, 3 1 institutional work release under section 904.910, and release 3 2 with intensive supervision services. 3 3 c. LEVEL THREE. Quasi-incarceration sanctions. Quasi- 3 4 incarceration sanctions are those supported by residential 3 5 facility placement or twenty-four hour electronic monitoring 3 6 including, but not limited to, the following: 3 7 (1) Residential treatment facilities, either secure or 3 8 nonsecure. 3 9 (2) Operating while intoxicated offender treatment 3 10 facilities. 3 11 (3) Work release facilities. 3 12 (4) House arrest with electronic monitoring. 3 13 d. LEVEL FOUR. Short-term incarceration designed to be of 3 14 short duration, including, but not limited to, the following: 3 15 (1) Prison with sentence reconsideration. 3 16 (2) Twenty-one-day shock probation for persons who violate 3 17 chapter 321J. 3 18 (3) Jail for less than thirty days. 3 19 (4) Relapse treatment. 3 20 (5) Violators' facilities. 3 21 (6) Boot camps. 3 22 e. LEVEL FIVE. Incarceration which consists of the 3 23 following: 3 24 (1) Prison. 3 25 (2) Jail for thirty days or longer. 3 26 2. "Intermediate criminal sanctions program" means a 3 27 program structured around the corrections continuum in 3 28 subsection 1, describing sanctions and services available in 3 29 each level of the continuum in the district and containing the 3 30 policies of the district department of correctional services 3 31 regarding placement of a person in a particular level of 3 32 sanction and the requirements and conditions under which a 3 33 defendant will be transferred between levels in the 3 34 corrections continuum under the program. 3 35 3. An intermediate criminal sanctions program shall 4 1 consist of only levels two and three of the corrections 4 2 continuum and shall be operated in accordance with an 4 3 intermediate criminal sanctions plan adopted by the judicial 4 4 district and the judicial district department of correctional 4 5 services. The plan adopted shall be designed to reduce 4 6 probation revocations to prison through the use of 4 7 incremental, community-based sanctions for minor probation 4 8 violations. A copy of the program and plan shall be filed 4 9 with the chief judge of the judicial district, the department 4 10 of corrections, and the division of criminal and juvenile 4 11 justice planning of the department of human rights. 4 12 4. a. The district department of correctional services 4 13 shall place an individual committed to it under section 907.3, 4 14 subsection 2, to the sanction and level of supervision which 4 15 is appropriate to the individual based upon a risk assessment 4 16 evaluation. Placements may be to levels two and three of the 4 17 corrections continuum and may include commitment of the 4 18 individual to a residential treatment facility established 4 19 under this chapter or, with the approval of the department of 4 20 corrections, a violator facility established pursuant to 4 21 section 904.207. 4 22 b. The district department may transfer an individual 4 23 along the intermediate criminal sanctions program operated 4 24 pursuant to subsection 3 as necessary and appropriate during 4 25 the period the individual is assigned to the district 4 26 department. However, transfer to a different level of 4 27 supervision or sanctions under subsection 1 shall only occur 4 28 as follows: 4 29 (1) If the individual agrees to the transfer, the court 4 30 shall review the transfer without a hearing. Such individual 4 31 shall be afforded assistance of counsel prior to such 4 32 agreement. The agreement must be made in writing, must advise 4 33 the individual that the individual is waving the individual's 4 34 right to an evidentiary hearing and must state the reasons for 4 35 the transfer. The court shall approve the transfer only if it 5 1 determines that the district department has established by a 5 2 preponderance of the evidence that the transfer is justified. 5 3 The court shall give written reasons for its decision to 5 4 either approve or disapprove the transfer. 5 5 (2) If the individual does not agree to the transfer, the 5 6 individual may appeal the decision to the director of the 5 7 district department. If the director approves the transfer, 5 8 the defendant may contest the transfer at a hearing before the 5 9 court. No transfer to a different level of supervision shall 5 10 be effective until after the appeal and hearing has been held. 5 11 Nothing in this section shall limit the district department's 5 12 ability to seek a revocation of the individual's probation 5 13 pursuant to section 908.11. 5 14 Sec. 3. Section 905.1, subsection 2, Code 1995, is amended 5 15 to read as follows: 5 16 2. "Community-based correctional program" means 5 17 correctional programs and services, including but not limited 5 18 to an intermediate criminal sanctions program in accordance 5 19 with the corrections continuum in section 901A.1, designed to 5 20 supervise and assist individuals who are charged with or have 5 21 been convicted of a felony, an aggravated misdemeanor or a 5 22 serious misdemeanor, or who are on probation or parole in lieu 5 23 of or as a result of a sentence of incarceration imposed upon 5 24 conviction of any of these offenses, or who are contracted to 5 25 the district department for supervision and housing while on 5 26 work release. 5 27 An intermediate criminal sanctions program shall be 5 28 designed by a district department in a manner that provides 5 29 services in a manner free of disparities based upon an 5 30 individual's race or ethnic origin. 5 31 Sec. 4. Section 907.3, subsection 1, unnumbered paragraph 5 32 1, Code Supplement 1995, is amended to read as follows: 5 33 With the consent of the defendant, the court may defer 5 34 judgment and may place the defendant on probation upon such 5 35 conditions as it may require. Upon a showing that the 6 1 defendant is notco-operatingcooperating with the program of 6 2 probation or is not responding to it, the court may withdraw 6 3 the defendant from the program, pronounce judgment, and impose 6 4 any sentence authorized by law. Before taking such action, 6 5 the court shall give the defendant an opportunity to be heard 6 6 on any matter relevant to the proposed action. Upon 6 7 fulfillment of the conditions of probation, the defendant 6 8 shall be discharged without entry of judgment. Upon violation 6 9 of the conditions of probation, the court may proceed as 6 10 provided in chapter 908. 6 11 Sec. 5. Section 907.3, subsection 2, Code Supplement 1995, 6 12 is amended to read as follows: 6 13 2. At the time of or after pronouncing judgment and with 6 14 the consent of the defendant, the court maydeferdo either of 6 15 the following: 6 16 a. Defer the sentence and assign the defendant to the 6 17 judicial district department of correctional services. 6 18 However, the court shall not defer the sentence for a 6 19 violation of section 708.2A if the defendant has previously 6 20 received a deferred judgment or sentence for a violation of 6 21 section 708.2 or 708.2A which was issued on a domestic abuse 6 22 assault, or if similar relief was granted anywhere in the 6 23 United States concerning that jurisdiction's statutes which 6 24 substantially correspond to domestic abuse assault as provided 6 25 in section 708.2A. In addition, the court shall not defer a 6 26 sentence if it is imposed for a conviction for or plea of 6 27 guilty to a violation of section 236.8 or for contempt 6 28 pursuant to section 236.8 or 236.14. Upon a showing that the 6 29 defendant is not fulfilling the conditions of probation, the 6 30 court may revoke probation and impose any sentence authorized 6 31 by law. Before taking such action, the court shall give the 6 32 defendant an opportunity to be heard on any matter relevant to 6 33 the proposed action. Upon violation of the conditions of 6 34 probation, the court may proceed as provided in chapter 908. 6 35 b. Suspend the sentence and place the defendant on 7 1 probation upon such terms and conditions as the court may 7 2 require including commitment to an alternate jail facility, or 7 3 a secure or other community correctional residential treatment 7 4 facility, for a specific number of days to be followed by a 7 5 term of probation as specified in section 907.7, or commitment 7 6 of the defendant to the judicial district department of 7 7 correctional services for supervision or services under 7 8 section 901A.1, subsection 3. 7 9 A person so committed who has probation revoked shall be 7 10 given credit for such time served. However, the court shall 7 11 not suspend the minimum term of two days imposed pursuant to 7 12 section 708.2A, and the court shall not suspend a sentence 7 13 imposed pursuant to section 708.2A, and the court shall not 7 14 suspend a sentence imposed pursuant to section 236.8 or 236.14 7 15 for contempt. 7 16 Sec. 6. Section 907.3, subsection 3, Code Supplement 1995, 7 17 is amended by striking the subsection. 7 18 Sec. 7. Section 907.6, Code 1995, is amended to read as 7 19 follows: 7 20 907.6 CONDITIONS OF PROBATION – REGULATIONS. 7 21 Probationers are subject to the conditions established by 7 22 the judicial district department of correctional services 7 23 subject to the approval of the court, and any additional 7 24 reasonable conditions which the court or district department 7 25 may impose to promote rehabilitation of the defendant or 7 26 protection of the community. Conditions may include but are 7 27 not limited to adherence to regulations generally applicable 7 28 to persons released on parole and including requiring unpaid 7 29 community service as allowed pursuant to section 907.13. 7 30 Sec. 8. Section 908.11, Code 1995, is amended to read as 7 31 follows: 7 32 908.11 VIOLATION OF PROBATION. 7 33 A probation officer or the judicial district department of 7 34 correctional services having probable cause to believe that 7 35 any person released on probation has violated the conditions 8 1 of probation shall proceed by arrest or summons as in the case 8 2 of a parole violation. The functions of the liaison officer 8 3 and the board of parole shall be performed by the judge or 8 4 magistrate who placed the alleged violator on probation if 8 5 that judge or magistrate is available, otherwise by another 8 6 judge or magistrate who would have had jurisdiction to try the 8 7 original offense. If the probation officer proceeds by 8 8 arrest, any magistrate may receive the complaint, issue an 8 9 arrest warrant, or conduct the initial appearance and probable 8 10 cause hearing if it is not convenient for the judge who placed 8 11 the alleged violator on probation to do so. The initial 8 12 appearance, probable cause hearing, and probation revocation 8 13 hearing, or any of them, may at the discretion of the court be 8 14 merged into a single hearing when it appears that the alleged 8 15 violator will not be prejudiced thereby. If the violation is 8 16 established, the court may continue the probation with or 8 17 without an alteration of the conditions of probation. If the 8 18 defendant is an adult the court may hold the defendant in 8 19 contempt of court and sentence the defendant to a jail term 8 20 while continuing the probation, order the defendant to be 8 21 placed in a secure residential treatment facility under the 8 22 supervision of the judicial district department of 8 23 correctional services, order the defendant to be placed in a 8 24 violator facility established pursuant to section 904.207 8 25 while continuing the probation, or revoke the probation and 8 26 require the defendant to serve the sentence imposed or any 8 27 lesser sentence, and, if imposition of sentence was deferred, 8 28 may impose any sentence which might originally have been 8 29 imposed. 8 30 EXPLANATION 8 31 This bill provides that an individual who is given a 8 32 deferred or suspended sentence may be placed in an 8 33 intermediate criminal sanctions program through a judicial 8 34 district department of correctional services in addition to 8 35 the current dispositions available to the court. 9 1 The bill authorizes each judicial district to adopt an 9 2 intermediate criminal sanctions plan before the judicial 9 3 district department of correctional services may implement an 9 4 intermediate criminal sanctions program. A program shall 9 5 consist of two levels of sanctions and services, extensive 9 6 supervision, and short-term confinement in secure residential 9 7 treatment facilities. 9 8 A judicial district department of correctional services 9 9 operating an intermediate criminal sanctions program would 9 10 have the authority to move an individual in the program to 9 11 different levels of sanctions or services based on the 9 12 judicial district department's assessment of the individual's 9 13 needs. Individuals who do not agree with a proposed transfer 9 14 to a different level of sanctions or supervision have the 9 15 right to appeal the decision first to the director of the 9 16 judicial district department and then to the court. 9 17 The bill also provides that a court may suspend the 9 18 sentence of an individual, place the individual on probation, 9 19 and then assign the individual to the judicial district 9 20 department of correctional services for placement in an 9 21 intermediate criminal sanctions program. 9 22 LSB 4311SC 76 9 23 mk/cf/24
Text: SSB02278 Text: SSB02280 Text: SSB02200 - SSB02299 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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