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House Journal: Page 1941: Tuesday, April 30, 1996

or services under section 901A.1 at the level of sanctions which
the district department determines to be appropriate.  A
person so committed who has probation revoked shall be given
credit for such time served.  However, the court shall not
suspend the minimum term of two days imposed pursuant to section
708.2A, subsection 6, paragraph "a", or a sentence imposed under
section 708.2A, subsection 6, paragraph "b", and the court shall
not suspend a sentence imposed pursuant to section 236.8 or
236.14 for contempt.
Sec.    .  Section 907.6, Code 1995, is amended to read as
follows:
907.6  CONDITIONS OF PROBATION - REGULATIONS.
Probationers are subject to the conditions established by the
judicial district department of correctional services subject to
the approval of the court, and any additional reasonable
conditions which the court or district department may impose
to promote rehabilitation of the defendant or protection of the
community.  Conditions may include but are not limited to
adherence to regulations generally applicable to persons
released on parole and including requiring unpaid community
service as allowed pursuant to section 907.13."
4.  Page 6, by inserting after line 18 the following:
"Sec.    .  Section 910.4, Code Supplement 1995, is amended
to read as follows:
910.4  CONDITION OF PROBATION - PAYMENT PLAN.
1.  When restitution is ordered by the sentencing court and
the offender is placed on probation, restitution shall be a
condition of probation.
a.  Failure of the offender to comply with the plan of
restitution, plan of payment, or community service requirements
when community service is ordered by the court as restitution,
shall constitute a violation of probation and shall constitute
contempt of court.
b.  The If an offender fails to comply with
restitution requirements during probation, the court may hold
the offender in contempt, revoke probation, or extend the period
of probation, or upon notice of such noncompliance and hearing
thereon, the court may enter a civil judgment against the
offender for the outstanding balance of payments under the plan
of restitution and such judgment shall be governed by the law
relating to judgments, judgment liens, executions, and other
process available to creditors for the collection of debts.
(1)  However, if If the court extends the period of
probation, is extended it shall not be for more than the
maximum period of probation for the offense committed as
provided in section 907.7.  After discharge from probation or
after the expiration of the period of probation, the failure of
an offender to comply with the plan of restitution ordered by
the court shall constitute contempt of court.  As part of the
order discharging an offender from probation, the court shall
enter a civil judgment against the offender for the balance, if
any, of any restitution owed by the offender to the victim of
the crime.
(2)  If an offender's probation is revoked, the offender's
assigned probation officer shall forward to the director of the
Iowa department of corrections, information concerning the
offender's restitution plan, restitution plan of payment, the
restitution payment balance, and any other pertinent information
concerning or affecting restitution by the offender.

Iowa General Assembly

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

© 1996 Cornell College and League of Women Voters of Iowa

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Last update: Wed May 1 22:20:02 CDT 1996
URL: /DOCS/GA/76GA/Session.2/HJournal/01900/01941.html
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