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House Journal: Page 1942: Tuesday, April 30, 1996

2.  When the offender is committed to a county jail, or to
an alternate facility, the office or individual charged with
supervision of the offender shall prepare a restitution plan of
payment taking into consideration the offender's income,
physical and mental health, age, education, employment and
family circumstances.
a.  The office or individual charged with supervision of the
offender shall review the plan of restitution ordered by the
court, and shall submit a restitution plan of payment to the
sentencing court.
b.  When community service is ordered by the court as
restitution, the restitution plan of payment shall set out a
plan to meet the requirement for the community service.
c.  The court may approve or modify the plan of restitution
and restitution plan of payment.
d.  When there is a significant change in the offender's
income or circumstances, the office or individual which has
supervision of the plan of payment shall submit a modified
restitution plan of payment to the court.
3.  When there is a transfer of supervision from one office
or individual charged with supervision of the offender to
another, the sending office or individual shall forward to the
receiving office or individual all necessary information
regarding the balance owed against the original amount of
restitution ordered and the balance of public service required.
When the offender's circumstances and income have significantly
changed, the receiving office or individual shall submit a new
plan of payment to the sentencing court for approval or
modification based on the considerations enumerated in this
section.
Sec.    .  Section 910.5, Code Supplement 1995, is amended
to read as follows:
910.5  CONDITION OF WORK RELEASE OR PAROLE.
1.  a.  When an offender is committed to the custody of the
director of the Iowa department of corrections pursuant to a
sentence of confinement, the sentencing court shall forward to
the director, a copy of the offender's restitution plan,
present restitution payment plan if any, and other pertinent
information concerning or affecting restitution by the offender.
b.  However, if If the offender is committed to the
custody of the director after revocation of probation, this
all information regarding the offender's restitution
plan shall be forwarded by the offender's probation officer.
c.  An offender committed to a penal or correctional
facility of the state shall make restitution while placed in
that facility.
d.  Upon commitment to the custody of the director of the
Iowa department of corrections, the director or the director's
designee shall prepare a restitution plan of payment or modify
any existing plan of payment.
(1)  The new or modified plan of payment shall reflect the
offender's present circumstances concerning the offender's
income, physical and mental health, education, employment, and
family circumstances.

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/01900/01942.html
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