Text: SF00183 Text: SF00185 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 184 1 2 1 3 AN ACT 1 4 RELATING TO COLLECTION OF FEES CHARGED PRISONERS FOR ROOM AND 1 5 BOARD, BY PROVIDING FOR THE ENTRY OF JUDGMENT AGAINST THE 1 6 PRISONER AND ENFORCEMENT OF THE JUDGMENT THROUGH WRIT OF 1 7 EXECUTION, AND PROVIDING FOR AN EFFECTIVE DATE. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 Section 1. Section 356.7, subsections 1, 2, and 3, Code 1 12 1997, are amended to read as follows: 1 13 1. The county sheriff may charge a prisoner who is 1 14 eighteen years of age or older and who has been convicted of a 1 15 criminal offense for the room and board provided to the 1 16 prisoner while in the custody of the county sheriff. Moneys 1 17 collected by the sheriff under this section shall be credited 1 18 to the county general fund and distributed as provided in this 1 19 section. If a prisoner who has been convicted of a criminal 1 20 offense fails to pay for the room and board, the sheriff may 1 21 file a room and board reimbursementlienclaim with the 1 22 district court as provided in subsection 2. The county 1 23 attorney may file the room and board reimbursementlienclaim 1 24 on behalf of the sheriff and the county. This section does 1 25 not apply to prisoners who are paying for their room and board 1 26 by court order pursuant to sections 356.26 through 356.35. 1 27 2. The sheriff or the county attorney, on behalf of the 1 28 sheriff, may file a room and board reimbursementlienclaim 1 29 with the clerk of the district court which shall include all 1 30 of the following information, if known: 1 31 a. The name,anddate of birth, and social security number 1 32 of the personwhose property or other interests arewho is the 1 33 subjecttoof thelienclaim. 1 34 b. The present address of the residence and principal 1 35 place of business of the person named in thelienclaim. 2 1 c. The criminal proceeding pursuant to which thelien2 2 claim is filed, including the name of the court, the title of 2 3 the action, and the court's file number. 2 4 d. The name and office address of the sheriff or the name 2 5 and office address of the county attorney who is filing the 2 6lienclaim on behalf of the sheriff. 2 7 e. A statement that the notice is being filed pursuant to 2 8 this section. 2 9 f. The amount of room and boardreimbursementcharges the 2 10 personhas been ordered to pay or is likely to be ordered to2 11payowes. 2 12 g. If the sheriff wishes to have the amount of the claim 2 13 for charges owed included within the amount of restitution 2 14 determined to be owed by the person, a request that the amount 2 15 owed be included within the order for payment of restitution 2 16 by the person. 2 17 3.The filing of aUpon receipt of a claim for room and 2 18 board reimbursementlien in accordance with this section2 19creates a lien, the court shall approve the claim in favor of 2 20 the sheriff or the countyin any personal or real propertyfor 2 21 the amount owed by the prisoner as identified in thelien to2 22the extent of the interest held in that property by the person2 23named in the lienclaim and any fees or charges associated 2 24 with the filing or processing of the claim with the court. 2 25 The sheriff may choose to enforce the claim in the manner 2 26 provided in chapter 626. Once approved by the court, the 2 27 claim for the amount owed by the person shall have the force 2 28 and effect of a judgment for purposes of enforcement by the 2 29 sheriff. However, irrespective of whether the judgment lien 2 30 for the amount of the claim has been perfected, the claim 2 31 shall not have priority over competing claims for child 2 32 support obligations owed by the person. 2 33 Sec. 2. Section 910.1, subsection 4, Code 1997, is amended 2 34 to read as follows: 2 35 4. "Restitution" means payment of pecuniary damages to a 3 1 victim in an amount and in the manner provided by the 3 2 offender's plan of restitution. "Restitution" also includes 3 3 fines, penalties, and surcharges, the contribution of funds to 3 4 a local anticrime organization which provided assistance to 3 5 law enforcement in an offender's case, the payment of crime 3 6 victim compensation program reimbursements, court costs 3 7 including correctional fees approved pursuant to section 3 8 356.7, court-appointed attorney's fees, or the expense of a 3 9 public defender, and the performance of a public service by an 3 10 offender in an amount set by the court when the offender 3 11 cannot reasonably pay all or part of the court costs including 3 12 correctional fees approved pursuant to section 356.7, court- 3 13 appointed attorney's fees, or the expense of a public 3 14 defender. 3 15 Sec. 3. Section 910.2, Code 1997, is amended to read as 3 16 follows: 3 17 910.2 RESTITUTION OR COMMUNITY SERVICE TO BE ORDERED BY 3 18 SENTENCING COURT. 3 19 In all criminal cases in which there is a plea of guilty, 3 20 verdict of guilty, or special verdict upon which a judgment of 3 21 conviction is rendered, the sentencing court shall order that 3 22 restitution be made by each offender to the victims of the 3 23 offender's criminal activities, to the clerk of court for 3 24 fines, penalties, surcharges, and, to the extent that the 3 25 offender is reasonably able to pay, for crime victim 3 26 assistance reimbursement, court costs including correctional 3 27 fees approved pursuant to section 356.7, court-appointed 3 28 attorney's fees, or the expense of a public defender when 3 29 applicable, or contribution to a local anticrime organization. 3 30 However, victims shall be paid in full before fines, 3 31 penalties, and surcharges, crime victim compensation program 3 32 reimbursement, court costs including correctional fees 3 33 approved pursuant to section 356.7, court-appointed attorney's 3 34 fees, the expenses of a public defender, or contribution to a 3 35 local anticrime organization are paid. In structuring a plan 4 1 of restitution, the court shall provide for payments in the 4 2 following order of priority: victim, fines, penalties, and 4 3 surcharges, crime victim compensation program reimbursement, 4 4 court costs including correctional fees approved pursuant to 4 5 section 356.7, court-appointed attorney's fees, or the expense 4 6 of a public defender, and contribution to a local anticrime 4 7 organization. 4 8 When the offender is not reasonably able to pay all or a 4 9 part of the crime victim compensation program reimbursement, 4 10 court costs including correctional fees approved pursuant to 4 11 section 356.7, court-appointed attorney's fees, the expense of 4 12 a public defender, or contribution to a local anticrime 4 13 organization, the court may require the offender in lieu of 4 14 that portion of the crime victim compensation program 4 15 reimbursement, court costs including correctional fees 4 16 approved pursuant to section 356.7, court-appointed attorney's 4 17 fees, expense of a public defender, or contribution to a local 4 18 anticrime organization for which the offender is not 4 19 reasonably able to pay, to perform a needed public service for 4 20 a governmental agency or for a private nonprofit agency which 4 21 provides a service to the youth, elderly, or poor of the 4 22 community. When community service is ordered, the court shall 4 23 set a specific number of hours of service to be performed by 4 24 the offender which, for payment of court-appointed attorney's 4 25 fees or expenses of a public defender, shall be approximately 4 26 equivalent in value to those costs. The judicial district 4 27 department of correctional services shall provide for the 4 28 assignment of the offender to a public agency or private 4 29 nonprofit agency to perform the required service. 4 30 Sec. 4. Section 910.3, Code 1997, is amended to read as 4 31 follows: 4 32 910.3 DETERMINATION OF AMOUNT OF RESTITUTION. 4 33 The county attorney shall prepare a statement of pecuniary 4 34 damages to victims of the defendant and, if applicable, any 4 35 award by the crime victim compensation program and shall 5 1 provide the statement to the presentence investigator or 5 2 submit the statement to the court at the time of sentencing. 5 3 The clerk of court shall prepare a statement of court- 5 4 appointed attorney's fees, the expense of a public defender, 5 5 and court costs including correctional fees claimed by a 5 6 sheriff pursuant to section 356.7, which shall be provided to 5 7 the presentence investigator or submitted to the court at the 5 8 time of sentencing. If these statements are provided to the 5 9 presentence investigator, they shall become a part of the 5 10 presentence report. If pecuniary damage amounts are not 5 11 available at the time of sentencing, the county attorney shall 5 12 provide a statement of pecuniary damages incurred up to that 5 13 time to the clerk of court. The statement shall be provided 5 14 no later than thirty days after sentencing. If a defendant 5 15 believes no person suffered pecuniary damages, the defendant 5 16 shall so state. If the defendant has any mental or physical 5 17 impairment which would limit or prohibit the performance of a 5 18 public service, the defendant shall so state. The court may 5 19 order a mental or physical examination, or both, of the 5 20 defendant to determine a proper course of action. At the time 5 21 of sentencing or at a later date to be determined by the 5 22 court, the court shall set out the amount of restitution 5 23 including the amount of public service to be performed as 5 24 restitution and the persons to whom restitution must be paid. 5 25 If the full amount of restitution cannot be determined at the 5 26 time of sentencing, the court shall issue a temporary order 5 27 determining a reasonable amount for restitution identified up 5 28 to that time. At a later date as determined by the court, the 5 29 court shall issue a permanent, supplemental order, setting the 5 30 full amount of restitution. The court shall enter further 5 31 supplemental orders, if necessary. These court orders shall 5 32 be known as the plan of restitution. 5 33 Sec. 5. EFFECTIVE DATE. This Act, being deemed of 5 34 immediate importance, takes effect upon enactment. 5 35 6 1 6 2 6 3 MARY E. KRAMER 6 4 President of the Senate 6 5 6 6 6 7 6 8 RON J. CORBETT 6 9 Speaker of the House 6 10 6 11 I hereby certify that this bill originated in the Senate and 6 12 is known as Senate File 184, Seventy-seventh General Assembly. 6 13 6 14 6 15 6 16 MARY PAT GUNDERSON 6 17 Secretary of the Senate 6 18 Approved , 1997 6 19 6 20 6 21 6 22 TERRY E. BRANSTAD 6 23 Governor
Text: SF00183 Text: SF00185 Text: SF00100 - SF00199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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