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PAG LIN 1 1 SENATE FILE 2377 1 2 1 3 AN ACT 1 4 RELATING TO THE SIXTH JUDICIAL DISTRICT PILOT PROBATION 1 5 REVOCATION PROJECT AND PROVIDING FOR EFFECTIVE DATES AND 1 6 FOR REPEAL OF THE PILOT PROJECT PROVISIONS. 1 7 1 8 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 9 1 10 DIVISION I 1 11 Section 1. Section 907.8A, subsection 1, Code Supplement 1 12 1997, is amended by striking the subsection and inserting in 1 13 lieu thereof the following: 1 14 1. Except as otherwise provided, the probation violation 1 15 sanctioning jurisdiction of the court in the sixth judicial 1 16 district shall be transferred to an administrative parole and 1 17 probation judge upon entry of the sentencing order for each 1 18 person who is sentenced to the custody of the director of the 1 19 department of corrections and whose sentence is suspended. 1 20 The court shall retain jurisdiction to establish the amount of 1 21 restitution, approve the plan of restitution, and for 1 22 reconsideration of the original sentence. The court shall 1 23 also retain jurisdiction for arrest warrants, initial 1 24 appearances, preliminary probation violation informations, 1 25 bond proceedings, violations of restitution plans, and 1 26 appointment of counsel. If a person is not sentenced to the 1 27 custody of the director of the department of corrections the 1 28 court shall retain the jurisdiction over matters relating to 1 29 those cases. 1 30 Sec. 2. Section 908.11, subsections 4 and 5, Code 1 31 Supplement 1997, are amended to read as follows: 1 32 4. If the person who is believed to have violated the 1 33 conditions of probation was sentenced and placed on probation 1 34 in the sixth judicial district under section 907.8A, or 1 35 jurisdiction over the person was transferred to the sixth 2 1 judicial district as a result of transfer of the person's 2 2 probation supervision, the functions of the liaison officer 2 3 and the board of paroleshallmay be performed by the 2 4 administrative parole and probation judge as provided in 2 5 section 907.8A. 2 6 5. If the probation officer proceeds by arrest and section 2 7 907.8A applies, the administrative parole and probation judge 2 8 mayreceive the complaint, issue an arrest warrant, orconduct 2 9 theinitial appearance andprobable cause hearing and 2 10 probation revocation hearing. Theinitial appearance,2 11 probable cause hearing,and probation revocation hearing, or2 12any of them,may, at the discretion of the administrative 2 13 parole and probation judge, be merged into a single hearing 2 14 when it appears that the alleged violator will not be 2 15 prejudiced by the merger. An administrative parole and 2 16 probation judge may conduct any or all appearances or hearings 2 17 electronically or by telephone. An administrative parole and 2 18 probation judge may reconsider a person's sentence in the 2 19 manner provided in sections 902.4 and 903.2 if reconsideration 2 20 is deemed appropriate and the person's probation was revoked 2 21 by an administrative parole and probation judge in the sixth 2 22 judicial district. The sheriff shall coordinate and provide 2 23 transportation and security for probation hearings conducted 2 24 by an administrative parole and probation judge. 2 25 Sec. 3. Section 908.11, subsection 6, Code Supplement 2 26 1997, is amended by striking the subsection and inserting in 2 27 lieu thereof the following: 2 28 6. If the violation is established, the court or the 2 29 administrative parole and probation judge may take any of the 2 30 following actions: 2 31 a. Continue the probation with or without an alteration of 2 32 the conditions of probation. 2 33 b. Sentence the defendant to a jail term while continuing 2 34 the probation. 2 35 c. Order the defendant to be placed in a violator facility 3 1 established pursuant to section 904.207 while continuing the 3 2 probation. 3 3 d. Revoke the probation and require the defendant to serve 3 4 the sentence imposed or any lesser sentence. 3 5 The order of an administrative parole and probation judge 3 6 shall become a final decision, unless the defendant appeals 3 7 the decision to the board of parole within the time provided 3 8 in rules adopted by the board. The appeal shall be conducted 3 9 pursuant to rules adopted by the board and the record on 3 10 appeal shall be the record made at the hearing conducted by 3 11 the administrative parole and probation judge. 3 12 DIVISION II 3 13 Sec. 4. Section 907.2, unnumbered paragraph 2, Code 3 14 Supplement 1997, is amended to read as follows: 3 15 Probation officers employed by the judicial district 3 16 department of correctional services, while performing the 3 17 duties prescribed by that department, are peace officers. 3 18 Probation officers shall investigate all persons referred to 3 19 them for investigation by the director of the judicial 3 20 district department of correctional services which employs 3 21 them. They shall furnish to each person released under their 3 22 supervision or committed to a community corrections 3 23 residential facility operated by the judicial district 3 24 department of correctional services, a written statement of 3 25 the conditions of probation or commitment. They shall keep 3 26 informed of each person's conduct and condition and shall use 3 27 all suitable methods prescribed by the judicial district 3 28 department of correctional services to aid and encourage the 3 29 person to bring about improvements in the person's conduct and 3 30 condition. Probation officers shall keep records of their 3 31 work and, unless section 907.8A applies,shall make reports to 3 32 the court when alleged violations occur and within no less 3 33 than thirty days before the period of probation will expire. 3 34If section 907.8A applies, the probation officers shall make3 35the reports of alleged violations to the administrative parole4 1and probation judge within no less than thirty days before the4 2period of probation will expire.Probation officers shall 4 3 coordinate their work with other social welfare agencies which 4 4 offer services of a corrective nature operating in the area to 4 5 which they are assigned. 4 6 Sec. 5. Section 907.7, unnumbered paragraph 2, Code 4 7 Supplement 1997, is amended to read as follows: 4 8 The length of the probation shall not be less than one year 4 9 if the offense is a misdemeanor and shall not be less than two 4 10 years if the offense is a felony. However, the courtor the4 11administrative parole and probation judge, if section 907.8A4 12applies,may subsequently reduce the length of the probation 4 13 if the courtor the administrative parole and probation judge4 14 determines that the purposes of probation have been fulfilled 4 15 and the fees imposed under section 905.14 have been paid to or 4 16 waived by the judicial district department of correctional 4 17 services. The purposes of probation are to provide maximum 4 18 opportunity for the rehabilitation of the defendant and to 4 19 protect the community from further offenses by the defendant 4 20 and others. 4 21 Sec. 6. Section 907.8, unnumbered paragraph 3, Code 4 22 Supplement 1997, is amended to read as follows: 4 23Except as otherwise provided in section 907.8A, the court4 24shall retain jurisdictionJurisdiction over these persons 4 25 shall remain with the sentencing court.Jurisdiction may be4 26transferred to a court in another jurisdiction, or to the4 27administrative parole and probation judge under section4 28907.8A, if a person's probation supervision is transferred to4 29a judicial district department of correctional services in a4 30district other than the district in which the person was4 31sentenced.4 32 Sec. 7. Section 907.9, subsections 1 through 4, Code 4 33 Supplement 1997, are amended to read as follows: 4 34 1.Except as otherwise provided in section 907.8A, atAt 4 35 any time that the court determines that the purposes of 5 1 probation have been fulfilled and the fees imposed under 5 2 section 905.14 have been paid to or waived by the judicial 5 3 district department of correctional services, the court may 5 4 order the discharge of a person from probation. 5 5 2. At any time that a probation officer determines that 5 6 the purposes of probation have been fulfilled and the fees 5 7 imposed under section 905.14 have been paid to or waived by 5 8 the judicial district department of correctional services, the 5 9 officer may order the discharge of a person from probation 5 10 after approval of the district director and notification of 5 11 the sentencing court, the administrative parole and probation5 12judge if section 907.8A applies,and the county attorney who 5 13 prosecuted the case. 5 14 3. The sentencing judgeor, if section 907.8A applies, the5 15administrative parole and probation judge,may order a hearing 5 16 on its own motion, or shall order a hearing upon the request 5 17 of the county attorney, for review of such discharge. If the 5 18 sentencing judge is no longer serving or unable to order such 5 19 hearing, the chief judge of the district or the chief judge's 5 20 designee shall order any hearing pursuant to this section, if5 21section 907.8A does not apply. Following the hearing, the 5 22 courtor the administrative parole and probation judgeshall 5 23 approve or rescind such discharge. If a hearing is not 5 24 ordered within thirty days after notification by the probation 5 25 officer, the person shall be discharged and the probation 5 26 officer shall notify the state court administrator of such 5 27 discharge. 5 28 4. At the expiration of the period of probation and if the 5 29 fees imposed under section 905.14 have been paid to or waived 5 30 by the judicial district department of correctional services, 5 31 the courtor, if section 907.8A applies, the administrative5 32parole and probation judge,shall order the discharge of the 5 33 person from probation, and the courtor administrative parole5 34and probation judgeshall forward to the governor a 5 35 recommendation for or against restoration of citizenship 6 1 rights to that person. A person who has been discharged from 6 2 probation shall no longer be held to answer for the person's 6 3 offense. Upon discharge from probation, if judgment has been 6 4 deferred under section 907.3, the court's criminal record with 6 5 reference to the deferred judgment shall be expunged. The 6 6 record maintained by the state court administrator as required 6 7 by section 907.4 shall not be expunged. The court's record 6 8 shall not be expunged in any other circumstances. 6 9 Sec. 8. Section 908.11, subsections 2 through 6, Code 6 10 Supplement 1997, are amended to read as follows: 6 11 2.Except as otherwise provided in sections 907.8 and6 12907.8A, theThe functions of the liaison officer and the board 6 13 of parole shall be performed by the judge or magistrate who 6 14 placed the alleged violator on probation if that judge or 6 15 magistrate is available, otherwise by another judge or 6 16 magistrate who would have had jurisdiction to try the original 6 17 offense. 6 18 3. If the probation officer proceeds by arrestand section6 19907.8A does not apply, any magistrate may receive the 6 20 complaint, issue an arrest warrant, or conduct the initial 6 21 appearance and probable cause hearing if it is not convenient 6 22 for the judge who placed the alleged violator on probation to 6 23 do so. The initial appearance, probable cause hearing, and 6 24 probation revocation hearing, or any of them, may at the 6 25 discretion of the court be merged into a single hearing when 6 26 it appears that the alleged violator will not be prejudiced by 6 27 the merger. 6 284. If the person who is believed to have violated the6 29conditions of probation was sentenced and placed on probation6 30in the sixth judicial district under section 907.8A, or6 31jurisdiction over the person was transferred to the sixth6 32judicial district as a result of transfer of the person's6 33probation supervision, the functions of the liaison officer6 34and the board of parole shall be performed by the6 35administrative parole and probation judge as provided in7 1section 907.8A.7 25. If the probation officer proceeds by arrest and section7 3907.8A applies, the administrative parole and probation judge7 4may receive the complaint, issue an arrest warrant, or conduct7 5the initial appearance and probable cause hearing. The7 6initial appearance, probable cause hearing, and probation7 7revocation hearing, or any of them, may, at the discretion of7 8the administrative parole and probation judge, be merged into7 9a single hearing when it appears that the alleged violator7 10will not be prejudiced by the merger.7 11 6. If the violation is established, the courtor the7 12administrative parole and probation judgemay continue the 7 13 probation or youthful offender status with or without an 7 14 alteration of the conditions of probation or a youthful 7 15 offender status. If the defendant is an adult or a youthful 7 16 offender the court may hold the defendant in contempt of court 7 17 and sentence the defendant to a jail term while continuing the 7 18 probation or youthful offender status, order the defendant to 7 19 be placed in a violator facility established pursuant to 7 20 section 904.207 while continuing the probation or youthful 7 21 offender status, or revoke the probation or youthful offender 7 22 status and require the defendant to serve the sentence imposed 7 23 or any lesser sentence, and, if imposition of sentence was 7 24 deferred, may impose any sentence which might originally have 7 25 been imposed.The administrative parole and probation judge7 26may revoke the probation and require the defendant to serve7 27the sentence which was originally imposed. The administrative7 28parole and probation judge may grant credit against the7 29sentence, for any time served while the defendant was on7 30probation. The order of the administrative parole and7 31probation judge shall become a final decision, unless the7 32defendant appeals the decision to the board of parole within7 33the time provided in rules adopted by the board. The appeal7 34shall be conducted pursuant to rules adopted by the board and7 35the record on appeal shall be the record made at the hearing8 1conducted by the administrative parole and probation judge.8 2 Sec. 9. Sections 906.16, 908.4, 908.5, 908.6, 908.7, 8 3 908.10, and 908.10A, Code Supplement 1997, are amended by 8 4 striking from the sections the words "administrative parole 8 5 and probation judge" and "administrative parole and probation 8 6 judge's" and inserting in lieu thereof the words 8 7 "administrative parole judge" and "administrative parole 8 8 judge's", respectively. 8 9 Sec. 10. Section 907.8A, Code Supplement 1997, is 8 10 repealed. 8 11 Sec. 11. PILOT PROJECT EVALUATION. The division of 8 12 criminal and juvenile justice planning of the department of 8 13 human rights, in cooperation with the court, prosecutors, and 8 14 community corrections personnel of the sixth judicial district 8 15 and representatives of the board of parole, shall conduct an 8 16 evaluation of the effectiveness of the sixth judicial district 8 17 probation pilot project. The evaluation shall include but 8 18 shall not be limited to a comparative assessment of the effect 8 19 of the use of an administrative parole and probation judge on 8 20 the efficient processing of cases, sentences imposed, number 8 21 of revocations, and offender compliance with sentence terms in 8 22 the sixth judicial district. The evaluation shall be 8 23 submitted in a report to the general assembly which convenes 8 24 in January 2001. 8 25 Sec. 12. CONSTRUCTION – DIRECTIONS TO CODE EDITOR. It is 8 26 the intent of the general assembly that sections 4 through 10 8 27 of this Act be construed only to remove references to the 8 28 pilot probation project in the sixth judicial district and not 8 29 to substantively conflict with or supersede any other or 8 30 intervening amendments to those sections which do not relate 8 31 to that pilot project. The Code editor is specifically 8 32 directed to harmonize the removal of any references to the 8 33 sixth judicial district with any intervening or other 8 34 amendments to those Code sections to allow those intervening 8 35 or other amendments to take effect. 9 1 DIVISION III 9 2 Sec. 13. EFFECTIVE DATES – REPEALS. 9 3 1. This division and Division I of this Act, being deemed 9 4 of immediate importance, take effect upon enactment. 9 5 2. Division I of this Act is repealed June 30, 2000. 9 6 3. Division II of this Act takes effect July 1, 2000. 9 7 9 8 9 9 9 10 MARY E. KRAMER 9 11 President of the Senate 9 12 9 13 9 14 9 15 RON J. CORBETT 9 16 Speaker of the House 9 17 9 18 I hereby certify that this bill originated in the Senate and 9 19 is known as Senate File 2377, Seventy-seventh General Assembly. 9 20 9 21 9 22 9 23 MARY PAT GUNDERSON 9 24 Secretary of the Senate 9 25 Approved , 1998 9 26 9 27 9 28 9 29 TERRY E. BRANSTAD 9 30 Governor
Text: SF02376 Text: SF02378 Text: SF02300 - SF02399 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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