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House Journal: Page 1160: Thursday, April 10, 1997

15   on probation by the court in the sixth judicial
16   district, the jurisdiction of the sentencing court
17   shall cease upon approval by the sentencing court of
18   the conditions established by the judicial district
19   department of correctional services.  If a person is
20   granted a deferred judgment or deferred sentence,
21   jurisdiction shall be retained by the court.
22     2.  All issues relating to whether the probationer
23   has violated or fulfilled the terms and conditions of
24   probation, including but not limited to express
25   violations of a specific term of probation, new
26   violations of the law, and changes of the term of
27   probation as provided in sections 907.7, 908.11, and
28   910.4, which would otherwise be determined by the
29   court, shall be determined instead by an
30   administrative parole and probation judge.  The
31   administrative parole and probation judge, who shall
32   be an attorney, shall be appointed by the board of
33   parole, notwithstanding chapter 17A.  The costs of
34   employing the administrative parole and probation
35   judge shall be borne by the board of parole.
36     A probation hearing conducted by an administrative
37   parole and probation judge shall be conducted in the
38   same manner as hearings regarding revocations or
39   modifications of or discharge from parole.  The
40   hearing may be conducted electronically.  The
41   probation officer shall notify the county attorney at
42   least five days prior to any probation hearing.  The
43   interests of the state shall be represented by the
44   probation officer at the probation hearing, unless the
45   county attorney or the county attorney's designee
46   elects to assist the probation officer.  The board of
47   parole, the department of corrections, and the clerk
48   of the district court in the sixth judicial district
49   shall devise and implement a system for the filing of
50   documents and records of probation hearings conducted

Page 5

 1   under this section.  The system shall allow for the
 2   electronic filing of records and documents where
 3   electronic filing is practicable.
 4     3.  Appeals from orders of the administrative
 5   parole and probation judge which pertain to the
 6   revocations or modifications of or discharge from
 7   probation shall be conducted in the manner provided in
 8   rules adopted by the board of parole.
 9     Sec. 9.  Section 907.9, Code 1997, is amended to
10   read as follows:
11     907.9  DISCHARGE FROM PROBATION.
12     1.  At Except as otherwise provided in section
13   907.8A, at any time that the court determines that the
14   purposes of probation have been fulfilled, the court

Iowa General Assembly

Index: House Journal (77th General Assembly: Session 1)

© 1997 Cornell College and League of Women Voters of Iowa

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