Text: SSB02117 Text: SSB02119 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 907.8A, subsection 1, Code Supplement 1 2 1997, is amended by striking the subsection and inserting in 1 3 lieu thereof the following: 1 4 1. Except as otherwise provided in this section, the 1 5 probation violation sanctioning jurisdiction of the court in 1 6 the sixth judicial district shall be transferred to an 1 7 administrative parole and probation judge upon entry of the 1 8 sentencing order for each person whose sentence of confinement 1 9 is suspended and who is placed on probation. The court shall 1 10 retain jurisdiction to establish the amount of restitution, 1 11 approve the plan of restitution, and for reconsideration of 1 12 the original sentence. The court shall have concurrent 1 13 jurisdiction with an administrative parole and probation judge 1 14 for arrest warrants, initial appearances, preliminary 1 15 probation violation information, bond proceedings, violations 1 16 of restitution plans, and appointment of counsel. 1 17 Sec. 2. NEW SECTION. 908.10B CONVICTION OF NEW OFFENSE 1 18 IN SIXTH JUDICIAL DISTRICT – REVOCATION – CONSECUTIVE 1 19 SENTENCES. 1 20 If a person is convicted and sentenced to confinement in a 1 21 state correctional institution for an aggravated misdemeanor 1 22 or felony offense which was committed while the person was on 1 23 probation in the sixth judicial district, the person's 1 24 probation shall be deemed revoked as of the date of the 1 25 commission of the new offense. 1 26 The probation officer shall inform the sentencing judge on 1 27 the new offense that the person is a probation violator. The 1 28 sentence imposed for the new offense shall be served 1 29 consecutively to the sentence for the other offense, unless 1 30 the court orders that both sentences be served concurrently. 1 31 The probationer shall be notified in writing that the 1 32 probation has been revoked on the basis of the new conviction, 1 33 and a copy of the commitment order shall accompany the 1 34 notification. The inmate's record shall be reviewed pursuant 1 35 to the provisions of section 906.5, or as soon as practical 2 1 after a final reversal of the new conviction. An inmate may 2 2 appeal the revocation of the probation under this section 2 3 according to the board of parole's rules relating to probation 2 4 revocation appeals. Neither the administrative parole and 2 5 probation judge nor a board panel shall retry the facts 2 6 underlying the conviction or convictions. 2 7 Sec. 3. Section 908.11, subsections 4 and 5, Code 2 8 Supplement 1997, are amended to read as follows: 2 9 4. If the person who is believed to have violated the 2 10 conditions of probation was sentenced and placed on probation 2 11 in the sixth judicial district under section 907.8A, or 2 12 jurisdiction over the person was transferred to the sixth 2 13 judicial district as a result of transfer of the person's 2 14 probation supervision, the functions of the liaison officer 2 15 and the board of paroleshallmay be performed by the 2 16 administrative parole and probation judge as provided in 2 17 section 907.8A. 2 18 5. If the probation officer proceeds by arrest and section 2 19 907.8A applies, the administrative parole and probation judge 2 20 may receive the complaint, issue an arrest warrant, or conduct 2 21 the initial appearance and probable cause hearing. The 2 22 initial appearance, probable cause hearing, and probation 2 23 revocation hearing, or any of them, may, at the discretion of 2 24 the administrative parole and probation judge, be merged into 2 25 a single hearing when it appears that the alleged violator 2 26 will not be prejudiced by the merger. An administrative 2 27 parole and probation judge may appoint counsel at state 2 28 expense in the same manner as other appointments of counsel in 2 29 criminal matters. The administrative parole and probation 2 30 judge shall have concurrent jurisdiction with the court on 2 31 arrest warrants, initial appearances, preliminary probation 2 32 violation information, bond proceedings, violations of the 2 33 conditions of plans of restitution, and appointment of 2 34 counsel. An administrative parole and probation judge may 2 35 conduct any or all appearances or hearings electronically or 3 1 by telephone. An administrative parole and probation judge 3 2 may reconsider a person's sentence in the manner provided in 3 3 sections 902.4 and 903.2 if the person's probation was revoked 3 4 by an administrative parole and probation judge in the sixth 3 5 judicial district. The sheriff shall coordinate and provide 3 6 transportation and security for probation hearings conducted 3 7 by an administrative parole and probation judge. 3 8 Sec. 4. Section 908.11, subsection 6, Code Supplement 3 9 1997, is amended by striking the subsection and inserting in 3 10 lieu thereof the following: 3 11 6. If the violation is established, the court or the 3 12 administrative parole and probation judge may take any of the 3 13 following actions: 3 14 a. Continue the probation with or without an alteration of 3 15 the conditions of probation. 3 16 b. Sentence the defendant to a jail term while continuing 3 17 the probation. 3 18 c. Order the defendant to be placed in a violator facility 3 19 established pursuant to section 904.207 while continuing the 3 20 probation. 3 21 d. Revoke the probation and require the defendant to serve 3 22 the sentence imposed or any lesser sentence. 3 23 The order of an administrative parole and probation judge 3 24 shall become a final decision, unless the defendant appeals 3 25 the decision to the board of parole within the time provided 3 26 in rules adopted by the board. The appeal shall be conducted 3 27 pursuant to rules adopted by the board and the record on 3 28 appeal shall be the record made at the hearing conducted by 3 29 the administrative parole and probation judge. 3 30 Sec. 5. EFFECTIVE DATE. This Act, being deemed of 3 31 immediate importance, takes effect upon enactment. 3 32 EXPLANATION 3 33 This bill makes changes to the probation pilot project 3 34 which is being carried out in the sixth judicial district. 3 35 The bill provides that the court retains jurisdiction in the 4 1 sixth judicial district to establish the amount of 4 2 restitution, approve the plan of restitution, and for 4 3 reconsideration of the original sentence. The bill provides 4 4 for concurrent jurisdiction between the court and the 4 5 administrative parole and probation judge for arrest warrants, 4 6 initial appearances, preliminary probation violation 4 7 information, bond proceedings, violations of restitution 4 8 plans, and appointment of counsel. 4 9 Language is added to allow the administrative parole and 4 10 probation judge to conduct any or all appearances or hearings 4 11 electronically or by telephone. An administrative parole and 4 12 probation judge is permitted under the bill to reconsider a 4 13 person's sentence if the person's probation was revoked by an 4 14 administrative parole and probation judge in the sixth 4 15 judicial district. The sheriff is required under the bill to 4 16 coordinate and provide transportation and security for 4 17 probation hearings conducted by an administrative parole and 4 18 probation judge. 4 19 If a violation of probation is established, the bill 4 20 authorizes the administrative parole and probation judge to 4 21 continue the probation, sentence the defendant to a jail term 4 22 while continuing probation, order the defendant to be placed 4 23 in a violator facility while continuing probation, or revoke 4 24 probation and require the defendant to serve the sentence 4 25 imposed or some lesser sentence. If the defendant does not 4 26 appeal the decision of the administrative parole and probation 4 27 judge to the parole judge, the decision of the administrative 4 28 parole and probation judge becomes a final decision. 4 29 The bill takes effect upon enactment. 4 30 LSB 4302SC 77 4 31 lh/jw/5
Text: SSB02117 Text: SSB02119 Text: SSB02100 - SSB02199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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