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House Journal: Page 1940: Tuesday, April 30, 1996

 to supervise and assist individuals who are charged with or
have been convicted of a felony, an aggravated misdemeanor or a
serious misdemeanor, or who are on probation or parole in lieu
of or as a result of a sentence of incarceration imposed upon
conviction of any of these offenses, or who are contracted to
the district department for supervision and housing while on
work release.
An intermediate criminal sanctions program shall be designed
by a district department in a manner that provides services in a
manner free of disparities based upon an individual's race or
ethnic origin.
Sec.    .  Section 907.3, subsection 1, unnumbered paragraph
1, Code Supplement 1995, is amended to read as follows:
With the consent of the defendant, the court may defer judgment
and may place the defendant on probation upon such
conditions as it may require.  Upon a showing that the defendant
is not co-operating cooperating with the program of
probation or is not responding to it, the court may withdraw the
defendant from the program, pronounce judgment, and impose any
sentence authorized by law.  Before taking such action, the
court shall give the defendant an opportunity to be heard on any
matter relevant to the proposed action.  Upon fulfillment of the
conditions of probation, the defendant shall be discharged
without entry of judgment.  Upon violation of the conditions of
probation, the court may proceed as provided in chapter 908.
Sec.    .  Section 907.3, subsection 2, Code Supplement
1995, is amended to read as follows:
2.  At the time of or after pronouncing judgment and with the
consent of the defendant, the court may defer the sentence and
assign the defendant to the judicial district department of
correctional services.  The court may assign the defendant to
supervision or services under section 901A.1 at the level of
sanctions which the district department determines to be
appropriate, if an intermediate criminal sanctions plan and
program has been adopted in the judicial district under section
901A.1.  However, the court shall not defer the sentence for a
violation of section 708.2A if the defendant has previously
received a deferred judgment or sentence for a violation of
section 708.2 or 708.2A which was issued on a domestic abuse
assault, or if similar relief was granted anywhere in the United
States concerning that jurisdiction's statutes which
substantially correspond to domestic abuse assault as provided
in section 708.2A.  In addition, the court shall not defer a
sentence if it is imposed for a conviction for or plea of guilty
to a violation of section 236.8 or for contempt pursuant to
section 236.8 or 236.14.  Upon a showing that the defendant is
not fulfilling the conditions of probation, the court may revoke
probation and impose any sentence authorized by law. Before
taking such action, the court shall give the defendant an
opportunity to be heard on any matter relevant to the proposed
action.  Upon violation of the conditions of probation, the
court may proceed as provided in chapter 908.
Sec.    .  Section 907.3, subsection 3, Code Supplement
1995, as amended by 1996 Iowa Acts, Senate File 2269, section 4,
is amended to read as follows:
3.  By record entry at the time of or after sentencing, the
court may suspend the sentence and place the defendant on
probation upon such terms and conditions as it may require
including commitment to an alternate jail facility or a
community correctional residential treatment facility for a
specific number of days to be followed by a term of probation as
specified in section 907.7, or commitment of the defendant to
the judicial district department of correctional services for
supervision 

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 2)

© 1996 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

Last update: Wed May 1 22:20:02 CDT 1996
URL: /DOCS/GA/76GA/Session.2/HJournal/01900/01940.html
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