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House Journal: Page 1162: Thursday, April 10, 1997

15   constitutes willful disregard of the person's duty.
16     Sec. 10.  Section 908.11, Code 1997, is amended to
17   read as follows:
18     908.11  VIOLATION OF PROBATION.
19     1.  A probation officer or the judicial district
20   department of correctional services having probable
21   cause to believe that any person released on probation
22   has violated the conditions of probation shall proceed
23   by arrest or summons as in the case of a parole
24   violation.
25     2.  The Except as otherwise provided in
sections
26   907.8 and 907.8A, the functions of the liaison officer
27   and the board of parole shall be performed by the
28   judge or magistrate who placed the alleged violator on
29   probation if that judge or magistrate is available,
30   otherwise by another judge or magistrate who would
31   have had jurisdiction to try the original offense.
32     3.  If the probation officer proceeds by arrest
and
33   section 907.8A does not apply, any magistrate may
34   receive the complaint, issue an arrest warrant, or
35   conduct the initial appearance and probable cause
36   hearing if it is not convenient for the judge who
37   placed the alleged violator on probation to do so.
38   The initial appearance, probable cause hearing, and
39   probation revocation hearing, or any of them, may at
40   the discretion of the court be merged into a single
41   hearing when it appears that the alleged violator will
42   not be prejudiced thereby by the merger.
43     4.  If the person who is believed to have violated
44   the conditions of probation was sentenced and placed
45   on probation in the sixth judicial district under
46   section 907.8A, or jurisdiction over the person was
47   transferred to the sixth judicial district as a result
48   of transfer of the person's probation supervision, the
49   functions of the liaison officer and the board of
50   parole shall be performed by the administrative parole

Page 7

 1   and probation judge as provided in section 907.8A.
 2     5.  If the probation officer proceeds by arrest and
 3   section 907.8A applies, the administrative parole and
 4   probation judge may receive the complaint, issue an
 5   arrest warrant, or conduct the initial appearance and
 6   probable cause hearing.  The initial appearance,
 7   probable cause hearing, and probation revocation
 8   hearing, or any of them, may, at the discretion of the
 9   administrative parole and probation judge, be merged
10   into a single hearing when it appears that the alleged
11   violator will not be prejudiced by the merger.
12     6.  If the violation is established, the court or
13   the administrative parole and probation judge may
14   continue the probation with or without an alteration

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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