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PAG LIN 1 1 HOUSE FILE 734 1 2 1 3 AN ACT 1 4 RELATING TO THE CRIMINAL AND CIVIL JUSTICE SYSTEM BY 1 5 PROVIDING FOR THE IMPOSITION OF A CIVIL PENALTY FOR 1 6 CERTAIN MOTOR VEHICLE LICENSE SUSPENSIONS, REVOCATIONS, 1 7 OR BARS, FOR THE DEPOSIT AND DISTRIBUTION OF PENALTIES 1 8 AND FEES COLLECTED, AND FOR THE IMPOSITION AND PAYMENT OF 1 9 FEES FOR PROBATION AND PAROLE, AND CONCERNING INMATE 1 10 EMPLOYMENT IN PRIVATE INDUSTRY. 1 11 1 12 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 13 1 14 Section 1. NEW SECTION. 321.218A CIVIL PENALTY – 1 15 DISPOSITION – REINSTATEMENT. 1 16 When the department suspends, revokes, or bars a person's 1 17 motor vehicle license or nonresident operating privilege for a 1 18 conviction under this chapter, the department shall assess the 1 19 person a civil penalty of two hundred dollars. However, for 1 20 persons age nineteen or under, the civil penalty assessed 1 21 shall be fifty dollars. The money collected by the department 1 22 under this section shall be transmitted to the treasurer of 1 23 state who shall deposit the money in the general fund of the 1 24 state. A temporary restricted license shall not be issued or 1 25 a motor vehicle license or nonresident operating privilege 1 26 reinstated until the civil penalty has been paid. 1 27 Sec. 2. NEW SECTION. 321A.32A CIVIL PENALTY – 1 28 DISPOSITION – REINSTATEMENT. 1 29 When the department suspends, revokes, or bars a person's 1 30 motor vehicle license or nonresident operating privilege under 1 31 this chapter, the department shall assess the person a civil 1 32 penalty of two hundred dollars. However, for persons age 1 33 nineteen or under, the civil penalty assessed shall be fifty 1 34 dollars. The money collected by the department under this 1 35 section shall be transmitted to the treasurer of state who 2 1 shall deposit the money in the general fund of the state. A 2 2 temporary restricted license shall not be issued or a motor 2 3 vehicle license or nonresident operating privilege reinstated 2 4 until the civil penalty has been paid. 2 5 Sec. 3. Section 904.108, subsection 7, Code 1997, is 2 6 amended to read as follows: 2 7 7. The director may charge an inmate a correctional fee 2 8 for custodial expenses incurred or which may be incurred while 2 9 the inmate is in the custody of the department. The custodial 2 10 expenses may include, but are not limited to, board and room, 2 11 medical and dental fees, education costs, clothing costs, and 2 12 the costs of supervision, services, and treatment to the 2 13 inmate. The correctional fee shall not exceed the actual cost 2 14 of keeping the inmate in custody. The correctional feesshall2 15be assessed as court costs and any correctional feescollected 2 16 pursuant to this subsection shall be creditedto the general2 17fund of the state. The correctional fees shall be collected2 18as other court costs pursuant to section 602.8107as a 2 19 reimbursement to the appropriate correctional institution. 2 20 This subsection does not limit the right of the director to 2 21 obtain any other remedy authorized by law. 2 22 Sec. 4. Section 904.112, Code 1997, is amended to read as 2 23 follows: 2 24 904.112 INSTITUTIONAL RECEIPTS. 2 25All institutionalInstitutional receipts of the department 2 26 of corrections shall be deposited in the general fund of the 2 27 state exceptfor reimbursementsas follows: 2 28 1. Reimbursement for services provided to another 2 29 institution or state agency, rentals charged to employees or 2 30 other persons for room, apartment, or housing, and charges for 2 31 meals. 2 32 2. Receipts which are specifically required to be 2 33 otherwise expended or deposited under this chapter. 2 34 Sec. 5. Section 904.311A, Code 1997, is amended to read as 2 35 follows: 3 1 904.311A PRISON RECYCLING FUND. 3 2The Iowa prisonA recycling fund for each prison 3 3 institution is createdand establishedas a separate and 3 4 distinct fund in the state treasury. All moneys remitted to 3 5 the department for the recycling operationsin each fiscal3 6year commencing with the fiscal year beginning July 1, 1994,3 7 of a prison institution shall be deposited in the fund 3 8 established for that institution. Notwithstanding section 3 9 12C.7, subsection 2, interest or earnings on moneys deposited 3 10 intheeach fund shall be credited tothethat fund. 3 11 Notwithstanding section 8.33, moneys intheeach fund shall 3 12 not revert to the general fund of the state at the close of a 3 13 fiscal year but shall remain inthethat fund and be used as 3 14 directed in this section in the succeeding fiscal year. The 3 15 treasurer of state shall act as custodian oftheeach fund and 3 16 disburse moneys fromtheeach fund as directed by the 3 17 department for the purpose of payment of operating expenses 3 18 for recycling. 3 19 Sec. 6. Section 904.809, Code 1997, is amended by adding 3 20 the following new subsection: 3 21 NEW SUBSECTION. 5. An inmate of a correctional 3 22 institution employed pursuant to this section shall surrender 3 23 to the department of corrections the inmate's total earnings 3 24 less deductions for federal, state, and local taxes, and any 3 25 other payroll deductions required by law. The department of 3 26 corrections shall deduct twenty percent of the balance to be 3 27 credited to the inmate's general account. The department 3 28 shall then deduct from the earnings remaining as follows: 3 29 a. The department shall first deduct the following amounts 3 30 in the following order of priority. 3 31 (1) An amount the inmate may be legally obligated to pay 3 32 for the support of the inmate's dependents, the amount of 3 33 which shall be paid to the dependents through the department 3 34 of human services collection services center. 3 35 (2) Restitution as ordered by the court pursuant to 4 1 chapter 910. 4 2 (3) Five percent of the balance to the victim compensation 4 3 fund created in section 912.14. 4 4 (4) An amount the inmate is legally obligated to pay for 4 5 any other financial obligation. 4 6 (5) An amount determined to be the cost to the department 4 7 of corrections for providing for the incarceration of the 4 8 inmate. 4 9 b. Of the balance remaining after deductions and payments 4 10 required pursuant to paragraph "a", the department shall 4 11 deposit in the Iowa state industries revolving fund created in 4 12 section 904.813, an amount equal to the costs incurred by the 4 13 fund related to the inmate's employment pursuant to this 4 14 section. Any balance remaining after the deductions and 4 15 payments required by this subsection shall be credited to the 4 16 inmate's general account. 4 17 Sec. 7. NEW SECTION. 905.14 FEES FOR PROBATION AND 4 18 PAROLE. 4 19 1. A person placed on probation or parole and subject to 4 20 supervision by a district department shall be required to pay 4 21 an enrollment fee to the district department to offset the 4 22 costs of supervision. The fee shall be based on the offense 4 23 class of the most serious offense for which the person has 4 24 received probation or parole, including deferred judgments or 4 25 deferred sentences, and shall be as follows: 4 26 a. For a felony, one hundred fifty dollars. 4 27 b. For an aggravated misdemeanor, one hundred twenty-five 4 28 dollars. 4 29 c. For a serious or simple misdemeanor, one hundred 4 30 dollars. 4 31 2. The fees established pursuant to this section shall not 4 32 be waived by the sentencing court. Each district department 4 33 shall retain fees collected for administrative and program 4 34 services. 4 35 3. The department of corrections may adopt rules for the 5 1 administration of this section. If adopted, the rules shall 5 2 include a provision for waiving the collection of fees for 5 3 persons determined to be unable to pay. 5 4 Sec. 8. Section 907.3, subsection 1, unnumbered paragraph 5 5 1, Code 1997, is amended to read as follows: 5 6 With the consent of the defendant, the court may defer 5 7 judgment and may place the defendant on probation uponsuch5 8 conditions as it may require. Upon a showing that the 5 9 defendant is not cooperating with the program of probation or 5 10 is not responding to it, the court may withdraw the defendant 5 11 from the program, pronounce judgment, and impose any sentence 5 12 authorized by law. Before taking such action, the court shall 5 13 give the defendant an opportunity to be heard on any matter 5 14 relevant to the proposed action. Upon fulfillment of the 5 15 conditions of probation and the payment of fees imposed and 5 16 not waived by the judicial district department of correctional 5 17 services under section 905.14, the defendant shall be 5 18 discharged without entry of judgment. Upon violation of the 5 19 conditions of probation, the court may proceed as provided in 5 20 chapter 908. 5 21 Sec. 9. Section 907.3, subsection 3, Code 1997, is amended 5 22 to read as follows: 5 23 3. By record entry at the time of or after sentencing, the 5 24 court may suspend the sentence and place the defendant on 5 25 probation uponsuchterms and conditions as it may require 5 26 including commitment to an alternate jail facility or a 5 27 community correctional residential treatment facility for a 5 28 specific number of days to be followed by a term of probation 5 29 as specified in section 907.7, or commitment of the defendant 5 30 to the judicial district department of correctional services 5 31 for supervision or services under section 901B.1 at the level 5 32 of sanctions which the district department determines to be 5 33 appropriate and the payment of fees imposed under section 5 34 905.14. A person so committed who has probation revoked shall 5 35 be given credit for such time served. However, the court 6 1 shall not suspend the minimum term of two days imposed 6 2 pursuant to section 708.2A, subsection 6, paragraph "a", or a 6 3 sentence imposed under section 708.2A, subsection 6, paragraph 6 4 "b", and the court shall not suspend a sentence imposed 6 5 pursuant to section 236.8 or 236.14 for contempt. 6 6 Sec. 10. Section 907.7, unnumbered paragraphs 1 and 2, 6 7 Code 1997, are amended to read as follows: 6 8 The length of the probation shall be forsucha term as the 6 9 court may fix but not to exceed five years if the offense is a 6 10 felony or not to exceed two years if the offense is a 6 11 misdemeanor. 6 12 The length of the probation shall not be less than one year 6 13 if the offense is a misdemeanor and shall not be less than two 6 14 years if the offense is a felony. However, the court may 6 15 subsequently reduce the length of the probation if the court 6 16 determines that the purposes of probation have been fulfilled 6 17 and the fees imposed under section 905.14 have been paid to or 6 18 waived by the judicial district department of correctional 6 19 services. The purposes of probation are to provide maximum 6 20 opportunity for the rehabilitation of the defendant and to 6 21 protect the community from further offenses by the defendant 6 22 and others. 6 23 Sec. 11. Section 907.9, unnumbered paragraph 1, Code 1997, 6 24 is amended to read as follows: 6 25 At any time that the court determines that the purposes of 6 26 probation have been fulfilled and the fees imposed under 6 27 section 905.14 have been paid to or waived by the judicial 6 28 district department of correctional services, the court may 6 29 order the discharge of a person from probation. At any time 6 30 that a probation officer determines that the purposes of 6 31 probation have been fulfilled and the fees imposed under 6 32 section 905.14 have been paid to or waived by the judicial 6 33 district department of correctional services, the officer may 6 34 order the discharge of a person from probation after approval 6 35 of the district director, and notification of the sentencing 7 1 court and county attorney who prosecuted the case. The 7 2 sentencing judge, unless the judge is no longer serving or is 7 3 otherwise unable to, may order a hearing on its own motion, or 7 4 shall order a hearing upon the request of the county attorney, 7 5 for review of such discharge. If the sentencing judge is no 7 6 longer serving or unable to order such hearing, the chief 7 7 judge of the district or the chief judge's designee shall 7 8 order any hearing pursuant to this section. Following the 7 9 hearing, the court shall approve or rescind such discharge. 7 10 If a hearing is not ordered within thirty days after 7 11 notification by the probation officer, the person shall be 7 12 discharged and the probation officer shall notify the state 7 13 court administrator of such discharge. At the expiration of 7 14 the period of probation, in cases where the court fixes the 7 15 term of probation and if the fees imposed under section 905.14 7 16 have been paid to or waived by the judicial district 7 17 department of correctional services, the court shall order the 7 18 discharge of the person from probation, and the court shall 7 19 forward to the governor a recommendation for or against 7 20 restoration of citizenship rights to that person. A person 7 21 who has been discharged from probation shall no longer be held 7 22 to answer for the person's offense. Upon discharge from 7 23 probation, if judgment has been deferred under section 907.3, 7 24 the court's criminal record with reference to the deferred 7 25 judgment shall be expunged. The record maintained by the 7 26 state court administrator as required by section 907.4 shall 7 27 not be expunged. The court's record shall not be expunged in 7 28 any other circumstances. 7 29 Sec. 12. MOTOR VEHICLE LICENSE REINSTATEMENT PENALTY – 7 30 DEPOSIT AND DISTRIBUTION. 7 31 1. Notwithstanding the deposit provisions of sections 7 32 321.218A and 321A.32A, moneys collected during the fiscal year 7 33 beginning July 1, 1997, and ending June 30, 1998, by the state 7 34 department of transportation pursuant to those sections are 7 35 deposited with the department of human services for the fiscal 8 1 year beginning July 1, 1997, and ending June 30, 1998, and 8 2 shall be allocated as follows: 8 3 a. The first $1,000,000 shall be used for the 8 4 establishment, improvement, operation, and maintenance of 8 5 county or multicounty juvenile detention homes. Funds 8 6 allocated in this paragraph shall be prorated among eligible 8 7 detention homes. 8 8 b. Moneys in excess of $1,000,000 shall be allocated to 8 9 the judicial districts as determined by the state court 8 10 administrator to be used by the judicial districts pursuant to 8 11 recommendations of the planning group for court-ordered 8 12 services for juveniles provided in each judicial district 8 13 which were established pursuant to 1991 Iowa Acts, chapter 8 14 267, section 119. Moneys allocated and distributed pursuant 8 15 to this paragraph shall be used for the improvement, 8 16 expansion, construction, and operation of runaway assessment 8 17 facilities, runaway assessment services, and juvenile 8 18 delinquency prevention and intervention services. 8 19 2. Notwithstanding section 8.33, moneys appropriated in 8 20 this section which remain unobligated or unexpended at the 8 21 close of the fiscal year shall not revert to the general fund 8 22 of the state but shall remain available only for the purposes 8 23 designated in this section in the succeeding fiscal year. 8 24 8 25 8 26 8 27 RON J. CORBETT 8 28 Speaker of the House 8 29 8 30 8 31 8 32 MARY E. KRAMER 8 33 President of the Senate 8 34 8 35 I hereby certify that this bill originated in the House and 9 1 is known as House File 734, Seventy-seventh General Assembly. 9 2 9 3 9 4 9 5 ELIZABETH ISAACSON 9 6 Chief Clerk of the House 9 7 Approved , 1997 9 8 9 9 9 10 9 11 TERRY E. BRANSTAD 9 12 Governor
Text: HF00733 Text: HF00735 Text: HF00700 - HF00799 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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