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House Journal: Page 1161: Thursday, April 10, 1997

15   may order the discharge of a person from probation.
16     2.  At any time that a probation officer determines
17   that the purposes of probation have been fulfilled,
18   the officer may order the discharge of a person from
19   probation after approval of the district director, and
20   notification of the sentencing court, the
21   administrative parole and probation judge if section
22   907.8A applies, and the county attorney who
prosecuted
23   the case.
24     3.  The sentencing judge, unless the judge is no
25   longer serving or is otherwise unable to, or, if
26   section 907.8A applies, the administrative parole and
27   probation judge, may order a hearing on its own
28   motion, or shall order a hearing upon the request of
29   the county attorney, for review of such discharge.  If
30   the sentencing judge is no longer serving or unable to
31   order such hearing, the chief judge of the district or
32   the chief judge's designee shall order any hearing
33   pursuant to this section, if section 907.8A does not
34   apply.  Following the hearing, the court or the
35   administrative parole and probation judge shall
36   approve or rescind such discharge.  If a hearing is
37   not ordered within thirty days after notification by
38   the probation officer, the person shall be discharged
39   and the probation officer shall notify the state court
40   administrator of such discharge.
41     4.  At the expiration of the period of probation,
42   in cases where the court fixes the term of probation,
43   the court or, if section 907.8A applies, the
44   administrative parole and probation judge, shall order
45   the discharge of the person from probation, and the
46   court or administrative parole and probation judge
47   shall forward to the governor a recommendation for or
48   against restoration of citizenship rights to that
49   person.  A person who has been discharged from
50   probation shall no longer be held to answer for the

Page 6

 1   person's offense.  Upon discharge from probation, if
 2   judgment has been deferred under section 907.3, the
 3   court's criminal record with reference to the deferred
 4   judgment shall be expunged.  The record maintained by
 5   the state court administrator as required by section
 6   907.4 shall not be expunged.  The court's record shall
 7   not be expunged in any other circumstances.
 8     5.  A probation officer or the director of the
 9   judicial district department of correctional services
10   who acts in compliance with this section is acting in
11   the course of the person's official duty and is not
12   personally liable, either civilly or criminally, for
13   the acts of a person discharged from probation by the
14   officer after such discharge, unless the discharge

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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