Text: SF02167 Text: SF02169 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 DIVISION I 1 2 Section 1. Section 907.8A, subsection 1, Code Supplement 1 3 1997, is amended by striking the subsection and inserting in 1 4 lieu thereof the following: 1 5 1. Except as otherwise provided in this section, the 1 6 probation violation sanctioning jurisdiction of the court in 1 7 the sixth judicial district shall be transferred to an 1 8 administrative parole and probation judge upon entry of the 1 9 sentencing order for each person whose sentence of confinement 1 10 is suspended and who is placed on probation. The court shall 1 11 retain jurisdiction to establish the amount of restitution, 1 12 approve the plan of restitution, and for reconsideration of 1 13 the original sentence. The court shall have concurrent 1 14 jurisdiction with an administrative parole and probation judge 1 15 for arrest warrants, initial appearances, preliminary 1 16 probation violation information, bond proceedings, violations 1 17 of restitution plans, and appointment of counsel. 1 18 Sec. 2. NEW SECTION. 908.10B CONVICTION OF NEW OFFENSE 1 19 IN SIXTH JUDICIAL DISTRICT – REVOCATION – CONSECUTIVE 1 20 SENTENCES. 1 21 If a person is convicted and sentenced to confinement in a 1 22 state correctional institution for an aggravated misdemeanor 1 23 or felony offense which was committed while the person was on 1 24 probation in the sixth judicial district, the person's 1 25 probation shall be deemed revoked as of the date of the 1 26 commission of the new offense. 1 27 The probation officer shall inform the sentencing judge on 1 28 the new offense that the person is a probation violator. The 1 29 sentence imposed for the new offense shall be served 1 30 consecutively to the sentence for the other offense, unless 1 31 the court orders that both sentences be served concurrently. 1 32 The probationer shall be notified in writing that the 1 33 probation has been revoked on the basis of the new conviction, 1 34 and a copy of the commitment order shall accompany the 1 35 notification. The inmate's record shall be reviewed pursuant 2 1 to the provisions of section 906.5, or as soon as practical 2 2 after a final reversal of the new conviction. An inmate may 2 3 appeal the revocation of the probation under this section 2 4 according to the board of parole's rules relating to probation 2 5 revocation appeals. Neither the administrative parole and 2 6 probation judge nor a board panel shall retry the facts 2 7 underlying the conviction or convictions. 2 8 Sec. 3. section 908.11, subsections 4 and 5, Code 2 9 Supplement 1997, are amended to read as follows: 2 10 4. If the person who is believed to have violated the 2 11 conditions of probation was sentenced and placed on probation 2 12 in the sixth judicial district under section 907.8A, or 2 13 jurisdiction over the person was transferred to the sixth 2 14 judicial district as a result of transfer of the person's 2 15 probation supervision, the functions of the liaison officer 2 16 and the board of paroleshallmay be performed by the 2 17 administrative parole and probation judge as provided in 2 18 section 907.8A. 2 19 5. If the probation officer proceeds by arrest and section 2 20 907.8A applies, the administrative parole and probation judge 2 21 may receive the complaint, issue an arrest warrant, or conduct 2 22 the initial appearance and probable cause hearing. The 2 23 initial appearance, probable cause hearing, and probation 2 24 revocation hearing, or any of them, may, at the discretion of 2 25 the administrative parole and probation judge, be merged into 2 26 a single hearing when it appears that the alleged violator 2 27 will not be prejudiced by the merger. An administrative 2 28 parole and probation judge may appoint counsel at state 2 29 expense in the same manner as other appointments of counsel in 2 30 criminal matters. The administrative parole and probation 2 31 judge shall have concurrent jurisdiction with the court on 2 32 arrest warrants, initial appearances, preliminary probation 2 33 violation information, bond proceedings, violations of the 2 34 conditions of plans of restitution, and appointment of 2 35 counsel. An administrative parole and probation judge may 3 1 conduct any or all appearances or hearings electronically or 3 2 by telephone. An administrative parole and probation judge 3 3 may reconsider a person's sentence in the manner provided in 3 4 sections 902.4 and 903.2 if the person's probation was revoked 3 5 by an administrative parole and probation judge in the sixth 3 6 judicial district. The sheriff shall coordinate and provide 3 7 transportation and security for probation hearings conducted 3 8 by an administrative parole and probation judge. 3 9 Sec. 4. Section 908.11, subsection 6, Code Supplement 3 10 1997, is amended by striking the subsection and inserting in 3 11 lieu thereof the following: 3 12 6. If the violation is established, the court or the 3 13 administrative parole and probation judge may take any of the 3 14 following actions: 3 15 a. Continue the probation with or without an alteration of 3 16 the conditions of probation. 3 17 b. Sentence the defendant to a jail term while continuing 3 18 the probation. 3 19 c. Order the defendant to be placed in a violator facility 3 20 established pursuant to section 904.207 while continuing the 3 21 probation. 3 22 d. Revoke the probation and require the defendant to serve 3 23 the sentence imposed or any lesser sentence. 3 24 The order of an administrative parole and probation judge 3 25 shall become a final decision, unless the defendant appeals 3 26 the decision to the board of parole within the time provided 3 27 in rules adopted by the board. The appeal shall be conducted 3 28 pursuant to rules adopted by the board and the record on 3 29 appeal shall be the record made at the hearing conducted by 3 30 the administrative parole and probation judge. 3 31 DIVISION II 3 32 Sec. 5. Section 907.2, unnumbered paragraph 2, Code 3 33 Supplement 1997, is amended to read as follows: 3 34 Probation officers employed by the judicial district 3 35 department of correctional services, while performing the 4 1 duties prescribed by that department, are peace officers. 4 2 Probation officers shall investigate all persons referred to 4 3 them for investigation by the director of the judicial 4 4 district department of correctional services which employs 4 5 them. They shall furnish to each person released under their 4 6 supervision or committed to a community corrections 4 7 residential facility operated by the judicial district 4 8 department of correctional services, a written statement of 4 9 the conditions of probation or commitment. They shall keep 4 10 informed of each person's conduct and condition and shall use 4 11 all suitable methods prescribed by the judicial district 4 12 department of correctional services to aid and encourage the 4 13 person to bring about improvements in the person's conduct and 4 14 condition. Probation officers shall keep records of their 4 15 work and, unless section 907.8A applies,shall make reports to 4 16 the court when alleged violations occur and within no less 4 17 than thirty days before the period of probation will expire. 4 18If section 907.8A applies, the probation officers shall make4 19the reports of alleged violations to the administrative parole4 20and probation judge within no less than thirty days before the4 21period of probation will expire.Probation officers shall 4 22 coordinate their work with other social welfare agencies which 4 23 offer services of a corrective nature operating in the area to 4 24 which they are assigned. 4 25 Sec. 6. Section 907.7, unnumbered paragraph 2, Code 4 26 Supplement 1997, is amended to read as follows: 4 27 The length of the probation shall not be less than one year 4 28 if the offense is a misdemeanor and shall not be less than two 4 29 years if the offense is a felony. However, the courtor the4 30administrative parole and probation judge, if section 907.8A4 31applies,may subsequently reduce the length of the probation 4 32 if the courtor the administrative parole and probation judge4 33 determines that the purposes of probation have been fulfilled 4 34 and the fees imposed under section 905.14 have been paid to or 4 35 waived by the judicial district department of correctional 5 1 services. The purposes of probation are to provide maximum 5 2 opportunity for the rehabilitation of the defendant and to 5 3 protect the community from further offenses by the defendant 5 4 and others. 5 5 Sec. 7. Section 907.8, unnumbered paragraph 3, Code 5 6 Supplement 1997, is amended to read as follows: 5 7Except as otherwise provided in section 907.8A, the court5 8shall retain jurisdictionJurisdiction over these persons 5 9 shall remain with the sentencing court.Jurisdiction may be5 10transferred to a court in another jurisdiction, or to the5 11administrative parole and probation judge under section5 12907.8A, if a person's probation supervision is transferred to5 13a judicial district department of correctional services in a5 14district other than the district in which the person was5 15sentenced.5 16 Sec. 8. Section 907.9, subsections 1 through 4, Code 5 17 Supplement 1997, are amended to read as follows: 5 18 1.Except as otherwise provided in section 907.8A, atAt 5 19 any time that the court determines that the purposes of 5 20 probation have been fulfilled and the fees imposed under 5 21 section 905.14 have been paid to or waived by the judicial 5 22 district department of correctional services, the court may 5 23 order the discharge of a person from probation. 5 24 2. At any time that a probation officer determines that 5 25 the purposes of probation have been fulfilled and the fees 5 26 imposed under section 905.14 have been paid to or waived by 5 27 the judicial district department of correctional services, the 5 28 officer may order the discharge of a person from probation 5 29 after approval of the district director and notification of 5 30 the sentencing court, the administrative parole and probation5 31judge if section 907.8A applies,and the county attorney who 5 32 prosecuted the case. 5 33 3. The sentencing judgeor, if section 907.8A applies, the5 34administrative parole and probation judge,may order a hearing 5 35 on its own motion, or shall order a hearing upon the request 6 1 of the county attorney, for review of such discharge. If the 6 2 sentencing judge is no longer serving or unable to order such 6 3 hearing, the chief judge of the district or the chief judge's 6 4 designee shall order any hearing pursuant to this section, if6 5section 907.8A does not apply. Following the hearing, the 6 6 courtor the administrative parole and probation judgeshall 6 7 approve or rescind such discharge. If a hearing is not 6 8 ordered within thirty days after notification by the probation 6 9 officer, the person shall be discharged and the probation 6 10 officer shall notify the state court administrator of such 6 11 discharge. 6 12 4. At the expiration of the period of probation and if the 6 13 fees imposed under section 905.14 have been paid to or waived 6 14 by the judicial district department of correctional services, 6 15 the courtor, if section 907.8A applies, the administrative6 16parole and probation judge,shall order the discharge of the 6 17 person from probation, and the courtor administrative parole6 18and probation judgeshall forward to the governor a 6 19 recommendation for or against restoration of citizenship 6 20 rights to that person. A person who has been discharged from 6 21 probation shall no longer be held to answer for the person's 6 22 offense. Upon discharge from probation, if judgment has been 6 23 deferred under section 907.3, the court's criminal record with 6 24 reference to the deferred judgment shall be expunged. The 6 25 record maintained by the state court administrator as required 6 26 by section 907.4 shall not be expunged. The court's record 6 27 shall not be expunged in any other circumstances. 6 28 Sec. 9. Section 908.11, subsections 2 through 6, Code 6 29 Supplement 1997, are amended to read as follows: 6 30 2.Except as otherwise provided in sections 907.8 and6 31907.8A, theThe functions of the liaison officer and the board 6 32 of parole shall be performed by the judge or magistrate who 6 33 placed the alleged violator on probation if that judge or 6 34 magistrate is available, otherwise by another judge or 6 35 magistrate who would have had jurisdiction to try the original 7 1 offense. 7 2 3. If the probation officer proceeds by arrestand section7 3907.8A does not apply, any magistrate may receive the 7 4 complaint, issue an arrest warrant, or conduct the initial 7 5 appearance and probable cause hearing if it is not convenient 7 6 for the judge who placed the alleged violator on probation to 7 7 do so. The initial appearance, probable cause hearing, and 7 8 probation revocation hearing, or any of them, may at the 7 9 discretion of the court be merged into a single hearing when 7 10 it appears that the alleged violator will not be prejudiced by 7 11 the merger. 7 124. If the person who is believed to have violated the7 13conditions of probation was sentenced and placed on probation7 14in the sixth judicial district under section 907.8A, or7 15jurisdiction over the person was transferred to the sixth7 16judicial district as a result of transfer of the person's7 17probation supervision, the functions of the liaison officer7 18and the board of parole shall be performed by the7 19administrative parole and probation judge as provided in7 20section 907.8A.7 215. If the probation officer proceeds by arrest and section7 22907.8A applies, the administrative parole and probation judge7 23may receive the complaint, issue an arrest warrant, or conduct7 24the initial appearance and probable cause hearing. The7 25initial appearance, probable cause hearing, and probation7 26revocation hearing, or any of them, may, at the discretion of7 27the administrative parole and probation judge, be merged into7 28a single hearing when it appears that the alleged violator7 29will not be prejudiced by the merger.7 30 6. If the violation is established, the courtor the7 31administrative parole and probation judgemay continue the 7 32 probation or youthful offender status with or without an 7 33 alteration of the conditions of probation or a youthful 7 34 offender status. If the defendant is an adult or a youthful 7 35 offender the court may hold the defendant in contempt of court 8 1 and sentence the defendant to a jail term while continuing the 8 2 probation or youthful offender status, order the defendant to 8 3 be placed in a violator facility established pursuant to 8 4 section 904.207 while continuing the probation or youthful 8 5 offender status, or revoke the probation or youthful offender 8 6 status and require the defendant to serve the sentence imposed 8 7 or any lesser sentence, and, if imposition of sentence was 8 8 deferred, may impose any sentence which might originally have 8 9 been imposed.The administrative parole and probation judge8 10may revoke the probation and require the defendant to serve8 11the sentence which was originally imposed. The administrative8 12parole and probation judge may grant credit against the8 13sentence, for any time served while the defendant was on8 14probation. The order of the administrative parole and8 15probation judge shall become a final decision, unless the8 16defendant appeals the decision to the board of parole within8 17the time provided in rules adopted by the board. The appeal8 18shall be conducted pursuant to rules adopted by the board and8 19the record on appeal shall be the record made at the hearing8 20conducted by the administrative parole and probation judge.8 21 Sec. 10. Sections 906.16, 908.4, 908.5, 908.6, 908.7, 8 22 908.10, and 908.10A, Code Supplement 1997, are amended by 8 23 striking from the sections the words "administrative parole 8 24 and probation judge" and "administrative parole and probation 8 25 judge's" and inserting in lieu thereof the words 8 26 "administrative parole judge" and "administrative parole 8 27 judge's", respectively. 8 28 Sec. 11. Section 907.8A, Code Supplement 1997, is 8 29 repealed. 8 30 Sec. 12. PILOT PROJECT EVALUATION. The division of 8 31 criminal and juvenile justice planning of the department of 8 32 human rights, in cooperation with the court, prosecutors, and 8 33 community corrections personnel of the sixth judicial district 8 34 and representatives of the board of parole, shall conduct an 8 35 evaluation of the effectiveness of the sixth judicial district 9 1 probation pilot project. The evaluation shall include but 9 2 shall not be limited to a comparative assessment of the effect 9 3 of the use of an administrative parole and probation judge on 9 4 the efficient processing of cases, sentences imposed, number 9 5 of revocations, and offender compliance with sentence terms in 9 6 the sixth judicial district. The evaluation shall be 9 7 submitted in a report to the general assembly which convenes 9 8 in January 2001. 9 9 Sec. 13. CONSTRUCTION – DIRECTIONS TO CODE EDITOR. It is 9 10 the intent of the general assembly that sections 5 through 11 9 11 of this Act be construed only to remove references to the 9 12 pilot probation project in the sixth judicial district and not 9 13 to substantively conflict with or supersede any other or 9 14 intervening amendments to those sections which do not relate 9 15 to that pilot project. The Code editor is specifically 9 16 directed to harmonize the removal of any references to the 9 17 sixth judicial district with any intervening or other 9 18 amendments to those Code sections to allow those intervening 9 19 or other amendments to take effect. 9 20 DIVISION III 9 21 Sec. 14. EFFECTIVE DATES – REPEALS. 9 22 1. This division and Division I of this Act, being deemed 9 23 of immediate importance, take effect upon enactment. 9 24 2. Division I of this Act is repealed June 30, 1999. 9 25 3. Division II of this Act takes effect July 1, 1999. 9 26 EXPLANATION 9 27 This bill makes changes to and, on June 30, 1999, repeals 9 28 the probation pilot project which is being carried out in the 9 29 sixth judicial district. The bill provides that the court 9 30 retains jurisdiction in the sixth judicial district to 9 31 establish the amount of restitution, approve the plan of 9 32 restitution, and for reconsideration of the original sentence. 9 33 The bill provides for concurrent jurisdiction between the 9 34 court and the administrative parole and probation judge for 9 35 arrest warrants, initial appearances, preliminary probation 10 1 violation information, bond proceedings, violations of 10 2 restitution plans, and appointment of counsel. 10 3 Language is added to allow the administrative parole and 10 4 probation judge to conduct any or all appearances or hearings 10 5 electronically or by telephone. An administrative parole and 10 6 probation judge is permitted under the bill to reconsider a 10 7 person's sentence if the person's probation was revoked by an 10 8 administrative parole and probation judge in the sixth 10 9 judicial district. The sheriff is required under the bill to 10 10 coordinate and provide transportation and security for 10 11 probation hearings conducted by an administrative parole and 10 12 probation judge. 10 13 If a violation of probation is established, the bill 10 14 authorizes the administrative parole and probation judge to 10 15 continue the probation, sentence the defendant to a jail term 10 16 while continuing probation, order the defendant to be placed 10 17 in a violator facility while continuing probation, or revoke 10 18 probation and require the defendant to serve the sentence 10 19 imposed or some lesser sentence. If the defendant does not 10 20 appeal the decision of the administrative parole and probation 10 21 judge to the parole judge, the decision of the administrative 10 22 parole and probation judge becomes a final decision. 10 23 Effective June 30, 1999, the bill removes references to the 10 24 sixth judicial district probation pilot project and directs 10 25 the Code editor to harmonize the remaining language with any 10 26 other amendments to those same provisions which do not relate 10 27 to the pilot project. The division of criminal and juvenile 10 28 justice of the department of human rights is required to 10 29 conduct an evaluation of the pilot project in cooperation with 10 30 the court, prosecutors, and community corrections personnel of 10 31 the sixth judicial district and representatives of the board 10 32 of parole and submit the evaluation in a report to the general 10 33 assembly which convenes in January 2001. 10 34 The portions of the bill which make changes to the pilot 10 35 project, but do not remove the references to the pilot 11 1 project, take effect upon enactment. 11 2 LSB 3416SS 77 11 3 lh/jw/5
Text: SF02167 Text: SF02169 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 1998 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Fri Feb 20 03:40:03 CST 1998
URL: /DOCS/GA/77GA/Legislation/SF/02100/SF02168/980210.html
jhf