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House Journal: Page 1205: Monday, April 14, 1997

42   attorney's fees, the expense of a public defender, or
43   contribution to a local anticrime organization, the
44   court may require the offender in lieu of that portion
45   of the crime victim compensation program
46   reimbursement, court costs including correctional fees
47   approved pursuant to section 356.7, court-appointed
48   attorney's fees, expense of a public defender, or
49   contribution to a local anticrime organization for
50   which the offender is not reasonably able to pay, to

Page 3

 1   perform a needed public service for a governmental
 2   agency or for a private nonprofit agency which
 3   provides a service to the youth, elderly, or poor of
 4   the community.  When community service is ordered, the
 5   court shall set a specific number of hours of service
 6   to be performed by the offender which, for payment of
 7   court-appointed attorney's fees or expenses of a
 8   public defender, shall be approximately equivalent in
 9   value to those costs.  The judicial district
10   department of correctional services shall provide for
11   the assignment of the offender to a public agency or
12   private nonprofit agency to perform the required
13   service.
14     Sec. ___.  Section 910.3, Code 1997, is amended to
15   read as follows:
16     910.3  DETERMINATION OF AMOUNT OF RESTITUTION.
17     The county attorney shall prepare a statement of
18   pecuniary damages to victims of the defendant and, if
19   applicable, any award by the crime victim compensation
20   program and shall provide the statement to the
21   presentence investigator or submit the statement to
22   the court at the time of sentencing.  The clerk of
23   court shall prepare a statement of court-appointed
24   attorney's fees, the expense of a public defender, and
25   court costs including correctional fees claimed by a
26   sheriff pursuant to section 356.7, which shall be
27   provided to the presentence investigator or submitted
28   to the court at the time of sentencing.  If these
29   statements are provided to the presentence
30   investigator, they shall become a part of the
31   presentence report.  If pecuniary damage amounts are
32   not available at the time of sentencing, the county
33   attorney shall provide a statement of pecuniary
34   damages incurred up to that time to the clerk of
35   court.  The statement shall be provided no later than
36   thirty days after sentencing.  If a defendant believes
37   no person suffered pecuniary damages, the defendant
38   shall so state.  If the defendant has any mental or
39   physical impairment which would limit or prohibit the
40   performance of a public service, the defendant shall
41   so state.  The court may order a mental or physical

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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