Text: HSB00210                          Text: HSB00212
Text: HSB00200 - HSB00299               Text: HSB Index
Bills and Amendments: General Index     Bill History: General Index

House Study Bill 211

Bill Text

PAG LIN
  1  1    Section 1.  Section 99D.11, subsection 7, Code 1997, is
  1  2 amended to read as follows:
  1  3    7.  A person under the age of twenty-one years shall not
  1  4 make or attempt to make a pari-mutuel wager.  A person who
  1  5 violates this subsection commits a scheduled violation under
  1  6 section 805.8, subsection 13.
  1  7    Sec. 2.  Section 99E.18, Code 1997, is amended by adding
  1  8 the following new subsection:
  1  9    NEW SUBSECTION.  5.  A person under the age of twenty-one
  1 10 years shall not purchase, or attempt to purchase, a ticket or
  1 11 share.  A person who violates this subsection commits a
  1 12 scheduled violation under section 805.8, subsection 13.
  1 13    Sec. 3.  Section 99F.9, subsection 5, Code 1997, is amended
  1 14 to read as follows:
  1 15    5.  A person under the age of twenty-one years shall not
  1 16 attempt to make or make a wager on an excursion gambling boat
  1 17 or in a racetrack enclosure and shall not be allowed in the
  1 18 area of the excursion gambling boat or racetrack enclosure
  1 19 where gambling is being conducted.  A person who violates this
  1 20 subsection with respect to a wager commits a scheduled
  1 21 violation under section 805.8, subsection 13.  However, a
  1 22 person eighteen years of age or older may be employed to work
  1 23 in a gambling area.
  1 24    Sec. 4.  NEW SECTION.  321.218A  CIVIL PENALTY –
  1 25 DISPOSITION – REINSTATEMENT.
  1 26    When the department revokes a person's motor vehicle
  1 27 license or nonresident operating privilege under this chapter,
  1 28 the department shall assess the person a civil penalty of two
  1 29 hundred dollars.  The money collected by the department under
  1 30 this section shall be transmitted to the treasurer of state
  1 31 who shall deposit one-half of the money in the victim
  1 32 compensation fund established in section 912.14 and one-half
  1 33 of the money shall be deposited in the general fund of the
  1 34 state.  A temporary restricted license shall not be issued or
  1 35 a motor vehicle license or nonresident operating privilege
  2  1 reinstated until the civil penalty has been paid.
  2  2    Sec. 5.  NEW SECTION.  321A.32A  CIVIL PENALTY –
  2  3 DISPOSITION – REINSTATEMENT.
  2  4    When the department revokes a person's motor vehicle
  2  5 license or nonresident operating privilege under this chapter,
  2  6 the department shall assess the person a civil penalty of two
  2  7 hundred dollars.  The money collected by the department under
  2  8 this section shall be transmitted to the treasurer of state
  2  9 who shall deposit one-half of the money in the victim
  2 10 compensation fund established in section 912.14 and one-half
  2 11 of the money shall be deposited in the general fund of the
  2 12 state.  A temporary restricted license shall not be issued or
  2 13 a motor vehicle license or nonresident operating privilege
  2 14 reinstated until the civil penalty has been paid.
  2 15    Sec. 6.  Section 331.302, subsection 2, Code 1997, is
  2 16 amended to read as follows:
  2 17    2.  A county shall not provide a penalty in excess of a one
  2 18 hundred dollar fine or in excess of thirty days imprisonment
  2 19 for the violation of an ordinance.  The criminal penalty
  2 20 surcharge required by section 911.2 and the jail, courthouse
  2 21 security, and juvenile detention and runaway assessment
  2 22 facility surcharge required by section 911A.2 shall be added
  2 23 to a county fine and is are not a part of the county's
  2 24 penalty.
  2 25    Sec. 7.  Section 364.3, subsection 2, Code 1997, is amended
  2 26 to read as follows:
  2 27    2.  A city shall not provide a penalty in excess of a one
  2 28 hundred dollar fine or in excess of thirty days imprisonment
  2 29 for the violation of an ordinance.  An amount equal to ten
  2 30 percent of all fines collected by cities shall be deposited in
  2 31 the account established in section 602.8108.  However, one
  2 32 hundred percent of all fines collected by a city pursuant to
  2 33 section 321.236, subsection 1, shall be retained by the city.
  2 34 The criminal penalty surcharge required by section 911.2 and
  2 35 the jail, courthouse security, and juvenile detention and
  3  1 runaway assessment facility surcharge required by section
  3  2 911A.2 shall be added to a city fine and is are not a part of
  3  3 the city's penalty.
  3  4    Sec. 8.  Section 602.8106, subsection 4, Code 1997, is
  3  5 amended to read as follows:
  3  6    4.  The clerk of the district court shall submit all other
  3  7 fines, fees, costs, and forfeited bail received from a
  3  8 magistrate to the state court administrator, except as
  3  9 provided in subsection 5 and section 602.8108, subsection 1A.
  3 10    Sec. 9.  Section 602.8106, Code 1997, is amended by adding
  3 11 the following new subsection:
  3 12    NEW SUBSECTION.  5.  The clerk of the district court shall
  3 13 remit all fines, fees, and costs collected for the scheduled
  3 14 violations enumerated in this subsection to the treasurer of
  3 15 the county in which the case was prosecuted, which moneys
  3 16 shall be deposited in the county general fund and used as
  3 17 provided in section 911A.3.  The scheduled violations subject
  3 18 to this subsection are violations of section 123.47A, for
  3 19 which a fine is imposed as provided in section 805.8,
  3 20 subsection 10, paragraph "a", violations of section 453A.2,
  3 21 subsection 2, for which a fine is imposed as provided in
  3 22 section 805.8, subsection 11, and violations of section
  3 23 99D.11, subsection 7, section 99E.18, subsection 5, or section
  3 24 99F.9, subsection 5, for which a fine is imposed as provided
  3 25 in section 805.8, subsection 13.
  3 26    Sec. 10.  Section 602.8107, subsection 2, paragraph b, Code
  3 27 1997, is amended to read as follows:
  3 28    b.  Fines or penalties and criminal penalty surcharges.
  3 29    Sec. 11.  Section 602.8107, subsection 3, Code 1997, is
  3 30 amended to read as follows:
  3 31    3.  A fine, penalty, court cost, fee, or surcharge is
  3 32 deemed delinquent if it is not paid within six months after on
  3 33 the date it is assessed ordered to be paid.  An amount which
  3 34 was ordered by the court to be paid on a date fixed in the
  3 35 future pursuant to section 909.3 is deemed delinquent if it is
  4  1 not received by the clerk within six months after the fixed
  4  2 future date set out in the court order.  If However, if an
  4  3 amount was ordered to be paid by installments, and an
  4  4 installment is not received within thirty days after on the
  4  5 date it is due, the entire amount of the judgment is deemed
  4  6 delinquent.
  4  7    Sec. 12.  Section 602.8107, subsection 4, unnumbered
  4  8 paragraph 1, Code 1997, is amended to read as follows:
  4  9    All fines, penalties, court costs, fees, surcharges, and
  4 10 restitution for court-appointed attorney fees or for expenses
  4 11 of a public defender which are remain delinquent for six
  4 12 months may be collected by the county attorney or the county
  4 13 attorney's designee.  In addition, the county attorney or the
  4 14 county attorney's designee may collect such amounts as soon as
  4 15 they become delinquent if authorized by the department of
  4 16 revenue and finance.  Thirty-five percent of the amounts
  4 17 collected by the county attorney or the person procured or
  4 18 designated by the county attorney shall be deposited in the
  4 19 general fund of the county if the county attorney has filed
  4 20 the notice required in section 331.756, subsection 5, unless
  4 21 the county attorney has discontinued collection efforts on a
  4 22 particular delinquent amount.  The remainder shall be paid to
  4 23 the clerk for distribution under section 602.8108.
  4 24    Sec. 13.  Section 602.8107, subsection 4, unnumbered
  4 25 paragraph 2, Code 1997, is amended to read as follows:
  4 26    This subsection does not apply to amounts collected for
  4 27 victim restitution, the victim compensation fund, criminal
  4 28 penalty surcharge, scheduled violations as provided in section
  4 29 602.8106, subsection 5, the jail, courthouse security, and
  4 30 juvenile detention and runaway assessment facility surcharge,
  4 31 or amounts collected as a result of procedures initiated under
  4 32 subsection 5 or under section 421.17, subsection 25.
  4 33    Sec. 14.  Section 602.8108, Code 1997, is amended by adding
  4 34 the following new subsection:
  4 35    NEW SUBSECTION.  1A.  In all criminal cases in which the
  5  1 state is a plaintiff, the clerk of the district court shall
  5  2 remit fifteen percent of all fines, penalties, surcharges,
  5  3 court costs, fees, time-payment fees, interest, court-
  5  4 appointed attorney fees, and public defender expenses to the
  5  5 treasurer of the county in which the case was prosecuted,
  5  6 which moneys shall be deposited in the county general fund and
  5  7 used as provided in section 911A.3.  The remainder of the
  5  8 revenue collected by the clerk shall be submitted to the state
  5  9 court administrator.  Criminal surcharge moneys submitted to
  5 10 the state court administrator under this subsection shall be
  5 11 allocated as provided in subsection 3, paragraph "b".
  5 12    Sec. 15.  Section 602.8108, subsection 3, Code 1997, is
  5 13 amended to read as follows:
  5 14    3.  When In cases where the state is not a plaintiff, when
  5 15 a court assesses a criminal surcharge under section 911.2, the
  5 16 amounts collected shall be distributed as follows:
  5 17    a.  The clerk of the district court shall submit to the
  5 18 state court administrator, not later than the fifteenth day of
  5 19 each month, ninety-five percent of the surcharge collected
  5 20 during the preceding calendar month.  The clerk shall remit
  5 21 the remainder to the county treasurer of the county that was
  5 22 the plaintiff in the action or to the city that was the
  5 23 plaintiff in the action.
  5 24    b.  Of the amount received from the clerk, the state court
  5 25 administrator shall allocate eighteen percent to be deposited
  5 26 in the fund established in section 912.14 and eighty-two
  5 27 percent to be deposited in the general fund of the state.
  5 28    c.  Notwithstanding provisions of this subsection to the
  5 29 contrary, all moneys collected from the drug abuse resistance
  5 30 education surcharge provided in section 911.2 shall be
  5 31 remitted to the treasurer of state for deposit in the general
  5 32 fund of the state and the amount deposited is appropriated to
  5 33 the Iowa law enforcement academy for use by the drug abuse
  5 34 resistance education program.
  5 35    Sec. 16.  Section 805.8, subsection 1, Code 1997, is
  6  1 amended to read as follows:
  6  2    1.  APPLICATION.  Except as otherwise indicated, violations
  6  3 of sections of the Code specified in this section are
  6  4 scheduled violations, and the scheduled fine for each of those
  6  5 violations is as provided in this section, whether the
  6  6 violation is of state law or of a county or city ordinance.
  6  7 The criminal penalty surcharge required by section 911.2 and
  6  8 the jail, courthouse security, and juvenile detention and
  6  9 runaway assessment facility surcharge required by section
  6 10 911A.2 shall be added to the scheduled fine.
  6 11    Sec. 17.  Section 805.8, subsection 10, paragraph a, Code
  6 12 1997, is amended to read as follows:
  6 13    a.  For violations of section 123.47A, which constitute
  6 14 first offenses as provided in that section, by persons age
  6 15 eighteen, nineteen, or twenty the scheduled fine is fifteen
  6 16 one hundred dollars.
  6 17    Sec. 18.  Section 805.8, subsection 11, unnumbered
  6 18 paragraph 1, is amended to read as follows:
  6 19    For violations of section 142B.6 or, the scheduled fine is
  6 20 twenty-five dollars.  For violations of section 453A.2,
  6 21 subsection 2, the scheduled fine is twenty-five one hundred
  6 22 dollars, and.  A fine imposed under this paragraph is a civil
  6 23 penalty, and the criminal penalty surcharge under section
  6 24 911.2 and the jail, courthouse security, and juvenile
  6 25 detention and runaway assessment facility surcharge under
  6 26 section 911A.2 shall not be added to the penalty, and the
  6 27 court costs pursuant to section 805.9, subsection 6, shall not
  6 28 be imposed.  If the civil penalty assessed for a violation of
  6 29 section 142B.6 is not paid in a timely manner, a citation
  6 30 shall be issued for the violation in the manner provided in
  6 31 section 804.1.  However, a person under age eighteen shall not
  6 32 be detained in a secure facility for failure to pay the civil
  6 33 penalty.  The complainant shall not be charged a filing fee.
  6 34    Sec. 19.  Section 805.8, Code 1997, is amended by adding
  6 35 the following new subsection:
  7  1    NEW SUBSECTION.  13.  GAMBLING VIOLATIONS.  For violations
  7  2 of legal age for gambling or pari-mutuel wagering under
  7  3 section 99D.11, subsection 7, section 99E.18, subsection 5, or
  7  4 section 99F.9, subsection 5, the scheduled fine is one hundred
  7  5 dollars.  Failure to pay the fine by a person under the age of
  7  6 eighteen shall not result in the person being detained in a
  7  7 secure facility.
  7  8    Sec. 20.  Section 902.9, unnumbered paragraph 2, Code 1997,
  7  9 is amended to read as follows:
  7 10    The criminal penalty surcharge required by section 911.2
  7 11 and the jail, courthouse security, and juvenile detention and
  7 12 runaway assessment facility surcharge required by section
  7 13 911A.2 shall be added to a fine imposed on a class "C" or
  7 14 class "D" felon, as provided by that section those sections,
  7 15 and is are not a part of or subject to the maximums set in
  7 16 this section.
  7 17    Sec. 21.  Section 903.1, subsection 4, Code 1997, is
  7 18 amended to read as follows:
  7 19    4.  The criminal penalty surcharge required by section
  7 20 911.2 and the jail, courthouse security, and juvenile
  7 21 detention and runaway assessment facility surcharge required
  7 22 by section 911A.2 shall be added to a fine imposed on a
  7 23 misdemeanant, and is are not a part of or subject to the
  7 24 maximums set in this section.
  7 25    Sec. 22.  Section 904.108, subsection 7, Code 1997, is
  7 26 amended to read as follows:
  7 27    7.  The director may charge an inmate a correctional fee
  7 28 for custodial expenses incurred or which may be incurred while
  7 29 the inmate is in the custody of the department.  The custodial
  7 30 expenses may include, but are not limited to, board and room,
  7 31 medical and dental fees, education costs, clothing costs, and
  7 32 the costs of supervision, services, and treatment to the
  7 33 inmate.  The correctional fee shall not exceed the actual cost
  7 34 of keeping the inmate in custody.  The correctional fees shall
  7 35 be assessed as court costs and any correctional fees collected
  8  1 pursuant to this subsection shall be credited to the general
  8  2 fund of the state.  The correctional fees shall be collected
  8  3 as other court costs pursuant to section 602.8107 as a
  8  4 reimbursement to the appropriate correctional institution.
  8  5 This subsection does not limit the right of the director to
  8  6 obtain any other remedy authorized by law.
  8  7    Sec. 23.  Section 904.809, Code 1997, is amended by adding
  8  8 the following new subsection:
  8  9    NEW SUBSECTION.  5.  An inmate of a correctional
  8 10 institution employed pursuant to this section shall surrender
  8 11 to the department of corrections the inmate's total earnings
  8 12 less payroll deductions required by law.  The department of
  8 13 corrections shall then deduct from the earnings as follows:
  8 14    a.  The department shall first deduct the following amounts
  8 15 in the following order of priority.
  8 16    (1)  An amount the inmate may be legally obligated to pay
  8 17 for the support of the inmate's dependents, the amount of
  8 18 which shall be paid to the dependents through the department
  8 19 of human services located in the county or city in which the
  8 20 dependents reside.
  8 21    (2)  Restitution as ordered by the court pursuant to
  8 22 chapter 910.
  8 23    (3)  An amount determined to be the cost to the department
  8 24 of corrections for providing food, lodging, and clothing for
  8 25 the inmate while employed pursuant to this section.
  8 26    (4)  Any other financial obligations which are acknowledged
  8 27 by the inmate or any unsatisfied judgment against the inmate.
  8 28    b.  Of the balance remaining after deductions and payments
  8 29 required pursuant to paragraph "a", the department or
  8 30 corrections shall credit, if applicable, twenty percent of the
  8 31 balance to the inmate's restitution plan, five percent of the
  8 32 balance to the victim compensation fund created in section
  8 33 912.14, five percent of the balance for the support of the
  8 34 inmate's family, five percent of the balance to the inmate
  8 35 savings plan, and twenty percent of the balance to the
  9  1 inmate's general account.
  9  2    c.  Of the balance remaining after deductions and payments
  9  3 required pursuant to paragraphs "a" and "b", the department
  9  4 shall deposit in the Iowa state industries revolving fund
  9  5 created in section 904.813, an amount equal to the costs
  9  6 incurred by the fund related to the inmate's employment
  9  7 pursuant to this section.  Any balance remaining after the
  9  8 deductions and payments required by this subsection shall be
  9  9 credited to the inmate's general account.
  9 10    Sec. 24.  NEW SECTION.  905.14  FEES FOR PROBATION AND
  9 11 PAROLE.
  9 12    1.  A person placed on probation or parole and subject to
  9 13 supervision by a district department shall be required to pay
  9 14 a monthly fee of five dollars to the district department to
  9 15 offset the costs of supervision.  Fees shall be paid one month
  9 16 following the commencement of supervision and at one-month
  9 17 intervals thereafter while the person is subject to
  9 18 supervision.  Each district department shall retain the fees
  9 19 collected for administrative and program services.
  9 20    2.  The department of corrections shall adopt rules for the
  9 21 administration of this section.  The rules shall include a
  9 22 provision waiving fees for persons determined to be indigent.
  9 23 The fee required by this section does not apply to persons
  9 24 otherwise paying a fee for services received from a district
  9 25 department.
  9 26    Sec. 25.  Section 906.15, unnumbered paragraph 1, Code
  9 27 1997, is amended to read as follows:
  9 28    Unless sooner discharged, a person released on parole shall
  9 29 be discharged when the person's term of parole equals the
  9 30 period of imprisonment specified in the person's sentence,
  9 31 less all time served in confinement.  If the fees required to
  9 32 be paid under section 905.14 are not waived by the judicial
  9 33 district department of correctional services and are not paid
  9 34 in full, a record of the amount unpaid shall be perfected and
  9 35 constitute a lien in the same manner as a judgment for an
 10  1 unpaid fine which has been filed with the clerk becomes a lien
 10  2 under section 909.6.  Discharge from parole may be granted
 10  3 prior to such that time, when an early discharge is
 10  4 appropriate.  The board shall periodically review all paroles,
 10  5 and when the board determines that any a person on parole is
 10  6 able and willing to fulfill the obligations of a law-abiding
 10  7 citizen without further supervision, the board shall discharge
 10  8 the person from parole.  A parole officer shall periodically
 10  9 review all paroles assigned to the parole officer, and when
 10 10 the parole officer determines that any person assigned to the
 10 11 officer is able and willing to fulfill the obligations of a
 10 12 law-abiding citizen without further supervision, the officer
 10 13 may discharge the person from parole after notification and
 10 14 approval of the district director and notification of the
 10 15 board of parole.  In any event, discharge from parole shall
 10 16 terminate the person's sentence.  However, a person convicted
 10 17 of a violation of section 709.3, 709.4 or 709.8 committed on
 10 18 or with a child shall not be discharged from parole until the
 10 19 person's term of parole equals the period of imprisonment
 10 20 specified in the person's sentence, less all time served in
 10 21 confinement.
 10 22    Sec. 26.  Section 907.3, subsection 1, unnumbered paragraph
 10 23 1, Code 1997, is amended to read as follows:
 10 24    With the consent of the defendant, the court may defer
 10 25 judgment and may place the defendant on probation upon such
 10 26 conditions as it may require.  Upon a showing that the
 10 27 defendant is not cooperating with the program of probation or
 10 28 is not responding to it, the court may withdraw the defendant
 10 29 from the program, pronounce judgment, and impose any sentence
 10 30 authorized by law.  Before taking such action, the court shall
 10 31 give the defendant an opportunity to be heard on any matter
 10 32 relevant to the proposed action.  Upon fulfillment of the
 10 33 conditions of probation and the payment of fees imposed and
 10 34 not waived by the judicial district department of correctional
 10 35 services under section 905.14, the defendant shall be
 11  1 discharged without entry of judgment.  Upon violation of the
 11  2 conditions of probation, the court may proceed as provided in
 11  3 chapter 908.
 11  4    Sec. 27.  Section 907.3, subsection 3, Code 1997, is
 11  5 amended to read as follows:
 11  6    3.  By record entry at the time of or after sentencing, the
 11  7 court may suspend the sentence and place the defendant on
 11  8 probation upon such terms and conditions as it may require
 11  9 including commitment to an alternate jail facility or a
 11 10 community correctional residential treatment facility for a
 11 11 specific number of days to be followed by a term of probation
 11 12 as specified in section 907.7, or commitment of the defendant
 11 13 to the judicial district department of correctional services
 11 14 for supervision or services under section 901B.1 at the level
 11 15 of sanctions which the district department determines to be
 11 16 appropriate and the payment of fees imposed under section
 11 17 905.14.  A person so committed who has probation revoked shall
 11 18 be given credit for such time served.  However, the court
 11 19 shall not suspend the minimum term of two days imposed
 11 20 pursuant to section 708.2A, subsection 6, paragraph "a", or a
 11 21 sentence imposed under section 708.2A, subsection 6, paragraph
 11 22 "b", and the court shall not suspend a sentence imposed
 11 23 pursuant to section 236.8 or 236.14 for contempt.
 11 24    Sec. 28.  NEW SECTION.  907.5A  DEFERRED JUDGMENT OR
 11 25 SENTENCE – ADMINISTRATIVE FEE.
 11 26    1.  In addition to any other conditions that the court or
 11 27 the judicial district department of correctional services may
 11 28 impose as a condition of deferring judgment or sentence, the
 11 29 court shall also require that the person pay an administrative
 11 30 fee in an amount that is within the range established for
 11 31 fines for the offense for which judgment or sentence was
 11 32 deferred.
 11 33    2.  The fee shall be included in any plan for restitution
 11 34 which may be established for the person by the court of the
 11 35 judicial district department of correctional services, and
 12  1 paid in the same priority order established for fines under
 12  2 section 910.2.  The fee shall be paid in full before judgment
 12  3 or sentence may be discharged.
 12  4    3.  If a person violates the conditions of the deferred
 12  5 judgment or sentence and the judgment or sentence is imposed,
 12  6 the person shall continue to be held responsible for payment
 12  7 of the fee in addition to any other penalties which may be
 12  8 imposed.
 12  9    Sec. 29.  Section 907.7, unnumbered paragraphs 1 and 2,
 12 10 Code 1997, are amended to read as follows:
 12 11    The length of the probation shall be for such a term as the
 12 12 court may fix but not to exceed five years if the offense is a
 12 13 felony or not to exceed two years if the offense is a
 12 14 misdemeanor.  If the fees required to be paid under section
 12 15 905.14 are not waived by the judicial district department of
 12 16 correctional services and are not paid in full, a record of
 12 17 the amount unpaid shall be perfected and constitute a lien in
 12 18 the same manner as a judgment for an unpaid fine which has
 12 19 been filed with the clerk becomes a lien under section 909.6.
 12 20    The length of the probation shall not be less than one year
 12 21 if the offense is a misdemeanor and shall not be less than two
 12 22 years if the offense is a felony.  However, the court may
 12 23 subsequently reduce the length of the probation if the court
 12 24 determines that the purposes of probation have been fulfilled
 12 25 and the fees imposed under section 905.14 have been paid to or
 12 26 waived by the judicial district department of correctional
 12 27 services.  The purposes of probation are to provide maximum
 12 28 opportunity for the rehabilitation of the defendant and to
 12 29 protect the community from further offenses by the defendant
 12 30 and others.
 12 31    Sec. 30.  Section 907.9, unnumbered paragraph 1, Code 1997,
 12 32 is amended to read as follows:
 12 33    At any time that the court determines that the purposes of
 12 34 probation have been fulfilled and the fees imposed under
 12 35 section 905.14 have been paid to or waived by the judicial
 13  1 district department of correctional services, the court may
 13  2 order the discharge of a person from probation.  At any time
 13  3 that a probation officer determines that the purposes of
 13  4 probation have been fulfilled and the fees imposed under
 13  5 section 905.14 have been paid to or waived by the judicial
 13  6 district department of correctional services, the officer may
 13  7 order the discharge of a person from probation after approval
 13  8 of the district director, and notification of the sentencing
 13  9 court and county attorney who prosecuted the case.  The
 13 10 sentencing judge, unless the judge is no longer serving or is
 13 11 otherwise unable to, may order a hearing on its own motion, or
 13 12 shall order a hearing upon the request of the county attorney,
 13 13 for review of such discharge.  If the sentencing judge is no
 13 14 longer serving or unable to order such hearing, the chief
 13 15 judge of the district or the chief judge's designee shall
 13 16 order any hearing pursuant to this section.  Following the
 13 17 hearing, the court shall approve or rescind such discharge.
 13 18 If a hearing is not ordered within thirty days after
 13 19 notification by the probation officer, the person shall be
 13 20 discharged and the probation officer shall notify the state
 13 21 court administrator of such discharge.  At the expiration of
 13 22 the period of probation, in cases where the court fixes the
 13 23 term of probation and if the fees imposed under section 905.14
 13 24 have been paid to or waived by the judicial district
 13 25 department of correctional services, the court shall order the
 13 26 discharge of the person from probation, and the court shall
 13 27 forward to the governor a recommendation for or against
 13 28 restoration of citizenship rights to that person.  A person
 13 29 who has been discharged from probation shall no longer be held
 13 30 to answer for the person's offense.  Upon discharge from
 13 31 probation, if judgment has been deferred under section 907.3,
 13 32 the court's criminal record with reference to the deferred
 13 33 judgment shall be expunged.  The record maintained by the
 13 34 state court administrator as required by section 907.4 shall
 13 35 not be expunged.  The court's record shall not be expunged in
 14  1 any other circumstances.
 14  2    Sec. 31.  Section 909.8, Code 1997, is amended to read as
 14  3 follows:
 14  4    909.8  PAYMENT AND COLLECTION PROVISIONS APPLY TO CRIMINAL
 14  5 PENALTY SURCHARGE SURCHARGES.
 14  6    The provisions of this chapter governing the payment and
 14  7 collection of a fine, except section 909.3A, also apply to the
 14  8 payment and collection of a criminal penalty surcharge imposed
 14  9 pursuant to chapter 911 and the jail, courthouse security, and
 14 10 juvenile detention and runaway assessment facility surcharge
 14 11 imposed pursuant to chapter 911A.
 14 12    Sec. 32.  Section 909.10, subsection 1, Code 1997, is
 14 13 amended to read as follows:
 14 14    1.  As used in this section, unless the context otherwise
 14 15 requires, "delinquent amounts" means a fine, court-imposed
 14 16 court costs in a criminal proceeding, or criminal penalty
 14 17 surcharge imposed pursuant to section 911.2, or jail,
 14 18 courthouse security, and juvenile detention and runaway
 14 19 assessment facility surcharge imposed pursuant to section
 14 20 911A.2, which remains unpaid after two years from the date
 14 21 that the fine, court costs, or surcharge was imposed, and
 14 22 which is not collected by the county attorney pursuant to
 14 23 section 602.8107.  However, if the fine may be paid in
 14 24 installments pursuant to section 909.3, the fine is not a
 14 25 delinquent amount unless the installment remains unpaid after
 14 26 two years from the date the installment was due.
 14 27    Sec. 33.  NEW SECTION.  911A.1  JAIL, COURTHOUSE SECURITY,
 14 28 AND JUVENILE DETENTION AND RUNAWAY ASSESSMENT FACILITY
 14 29 SURCHARGE ESTABLISHED.
 14 30    A jail, courthouse security, and juvenile detention and
 14 31 runaway assessment facility surcharge shall be levied against
 14 32 certain law violators as provided in section 911A.2.  The
 14 33 surcharge shall be used as provided in section 911A.3.
 14 34    Sec. 34.  NEW SECTION.  911A.2  SURCHARGE.
 14 35    When a court imposes a fine or forfeiture for a violation
 15  1 of a state law, or of a city or county ordinance except an
 15  2 ordinance regulating the parking of motor vehicles, the court
 15  3 shall assess an additional penalty in the form of a surcharge
 15  4 equal to ten dollars.  In the event of multiple offenses, the
 15  5 surcharge shall be based upon the total number of offenses.
 15  6 When a fine or forfeiture is suspended in whole or in part,
 15  7 the surcharge shall not be reduced.
 15  8    The surcharge is subject to the provisions of chapter 909
 15  9 governing the payment and collection of fines, as provided in
 15 10 section 909.8.
 15 11    Sec. 35.  NEW SECTION.  911A.3  DISPOSITION OF SURCHARGE.
 15 12    1.  When a court assesses a surcharge under section 911A.2,
 15 13 notwithstanding any other provision of the Code to the
 15 14 contrary, proceeds from the surcharge shall be appropriated
 15 15 and transferred to the treasurer of the county in which the
 15 16 citation was issued to be deposited in the county general fund
 15 17 and used only for courthouse security, the improvement,
 15 18 expansion, or construction of a jail, juvenile detention
 15 19 facility, or runaway assessment facility, and for up to fifty
 15 20 percent of the costs for the maintenance and operation of a
 15 21 juvenile detention facility.
 15 22    2.  At any time and for the purposes specified in
 15 23 subsection 1, a county may transfer proceeds received and
 15 24 deposited pursuant to this section to a contiguous county or a
 15 25 county that has a relationship with the transferring county
 15 26 concerning the use of a jail or juvenile detention facility in
 15 27 the recipient county.  
 15 28                           EXPLANATION
 15 29    The bill provides that a correctional fee assessed an
 15 30 inmate for custodial expenses incurred shall be credited to
 15 31 the appropriate correctional institution and deletes the
 15 32 current provision providing that it shall be assessed as court
 15 33 costs and credited to the general fund of the state.
 15 34    The bill also establishes a $5 monthly supervision fee to
 15 35 be assessed a person placed on probation or parole and who is
 16  1 subject to supervision by a judicial district department of
 16  2 correctional services.  The fees collected shall be credited
 16  3 to the judicial district department of correctional services.
 16  4 The bill requires that the department of corrections adopt a
 16  5 rule providing for waiver of the fee for indigents.  The bill
 16  6 also establishes that the fees be paid or waived prior to
 16  7 probation and provides that any amounts unpaid constitute a
 16  8 lien in the same manner as an unpaid fine becomes a lien under
 16  9 Code section 909.6.
 16 10    This bill provides that criminal fines, court costs, fees,
 16 11 and surcharges are considered delinquent if they are not paid
 16 12 on the date they are ordered to be paid.  Current law provides
 16 13 that the payment is delinquent if it remains unpaid after six
 16 14 months.  The bill provides that county attorneys may pursue
 16 15 collection of these delinquent fines and fees after the fine
 16 16 or fee has been delinquent for six months or sooner, if the
 16 17 department of revenue and finance so allows.
 16 18    The bill also provides that 15 percent of all fines,
 16 19 penalties, surcharges, court costs, fees, interest, and
 16 20 expenses recovered in criminal cases in which the state is a
 16 21 plaintiff shall be remitted to the county where the case was
 16 22 prosecuted to be used in the same manner as the $10 surcharge
 16 23 otherwise established by this bill with the remainder being
 16 24 remitted to the state court administrator for deposit in the
 16 25 general fund.  Criminal surcharge moneys would still be split
 16 26 between the victim compensation fund and the state general
 16 27 fund.  Current law provides that all these fines and fees are
 16 28 remitted to the state court administrator for deposit in the
 16 29 state general fund.
 16 30    The bill imposes a $200 civil penalty when motor vehicle
 16 31 licenses are revoked for violations of chapter 321 or 321A
 16 32 (financial responsibility).  Proceeds from the civil penalty
 16 33 are to be split equally between the crime victim compensation
 16 34 fund and the state general fund.
 16 35    The bill establishes, as a condition of receipt of a
 17  1 deferred judgment or sentence, that the person pay an
 17  2 administrative fee in an amount that is within the range
 17  3 established for fines for the particular offense.  If the
 17  4 person has a plan of restitution, established by the court or
 17  5 the judicial department of correctional services, the fee is
 17  6 to be included with the plan for restitution and paid in the
 17  7 same priority order established for fines.  The fee must be
 17  8 paid in full before judgment or sentence may be discharged.
 17  9 If the person violates the conditions of the deferred judgment
 17 10 or sentence and the judgment or sentence is imposed, the
 17 11 person must continue paying the fee.
 17 12    The bill also provides for the assessment of a $10
 17 13 surcharge on criminal fines and forfeitures imposed for the
 17 14 violation of state law or city or county ordinance.  The $10
 17 15 surcharge would be transferred to the county in which the
 17 16 citation was issued for use in providing courthouse security,
 17 17 financing the improvement, expansion, or construction of
 17 18 county jail, juvenile detention facilities, and runaway
 17 19 assessment facilities, and for up to 50 percent of the
 17 20 operational and maintenance costs of a juvenile detention
 17 21 facility.  The bill provides that the surcharge proceeds shall
 17 22 be deposited in the county general fund.  The bill also
 17 23 provides that the county may transfer, at any time, the funds
 17 24 to a contiguous county or a county in which it has a
 17 25 relationship concerning the use of its jail or juvenile
 17 26 detention facility for the purposes authorized by this bill.
 17 27 The surcharge is not considered part of a county penalty for
 17 28 purposes of the maximum amount authorized counties for
 17 29 penalties.
 17 30    The bill also makes changes concerning scheduled
 17 31 violations.  The bill increases the scheduled fines for
 17 32 violations of certain alcoholic beverage provisions by persons
 17 33 under 21 and for violations of certain tobacco provisions by
 17 34 persons under 18 from $25 to $100, and establishes a $100
 17 35 scheduled fine for certain gambling violations by persons
 18  1 under 21.  The bill provides that any fines collected shall be
 18  2 used by the county in the same manner as the $10 surcharge
 18  3 established by this bill.
 18  4    The bill also establishes a procedure for allocating moneys
 18  5 received by an inmate while employed in private industry and
 18  6 specifies the allocation of any moneys received.  
 18  7 LSB 1378XL 77
 18  8 ec/jj/8.1
     

Text: HSB00210                          Text: HSB00212
Text: HSB00200 - HSB00299               Text: HSB Index
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