Text: S05325 Text: S05327 Text: S05300 - S05399 Text: S Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Amend the amendment, S-5165, to House File 2519, as 1 2 passed by the House, as follows: 1 3 #1. Page 9, by inserting after line 41 the 1 4 following: 1 5 "Sec. 101. Section 907.8A, Code Supplement 1999, 1 6 is amended to read as follows: 1 7 907.8ASIXTHJUDICIAL DISTRICT PILOT PROJECT 1 8 DETERMINATION OF ISSUES DURING PROBATIONARY PERIOD. 1 9 1. Except as otherwise provided, the probation 1 10 violation sanctioning jurisdiction of the court in the 1 11sixthjudicial district selected by the department of 1 12 corrections to participate in a pilot probation 1 13 revocation project shall be transferred to an 1 14 administrative parole and probation judge upon entry 1 15 of the sentencing order for each person who is 1 16 sentenced to the custody of the director of the 1 17 department of corrections and whose sentence is 1 18 suspended. The court shall retain jurisdiction to 1 19 establish the amount of restitution, approve the plan 1 20 of restitution, and for reconsideration of the 1 21 original sentence. The court shall also retain 1 22 jurisdiction for arrest warrants, initial appearances, 1 23 preliminary probation violation informations, bond 1 24 proceedings, violations of restitution plans, and 1 25 appointment of counsel. If a person is not sentenced 1 26 to the custody of the director of the department of 1 27 corrections the court shall retain the jurisdiction 1 28 over matters relating to those cases. 1 29 2. All issues relating to whether the probationer 1 30 has violated or fulfilled the terms and conditions of 1 31 probation, including but not limited to express 1 32 violations of a specific term of probation, new 1 33 violations of the law, and changes of the term of 1 34 probation as provided in sections 907.7, 908.11, and 1 35 910.4, which would otherwise be determined by the 1 36 court, shall be determined instead by an 1 37 administrative parole and probation judge. The 1 38 administrative parole and probation judge, who shall 1 39 be an attorney, shall be appointed by the board of 1 40 parole, notwithstanding chapter 17A. The costs of 1 41 employing the administrative parole and probation 1 42 judge shall be borne by the board of parole. 1 43 A probation hearing conducted by an administrative 1 44 parole and probation judge shall be conducted in the 1 45 same manner as hearings regarding revocations or 1 46 modifications of or discharge from parole. The 1 47 hearing may be conducted electronically. The 1 48 probation officer shall notify the county attorney at 1 49 least five days prior to any probation hearing. The 1 50 interests of the state shall be represented by the 2 1 probation officer at the probation hearing, unless the 2 2 county attorney or the county attorney's designee 2 3 elects to assist the probation officer. The board of 2 4 parole, the department of corrections, and the clerk 2 5 of the district court in thesixthjudicial district 2 6 selected by the department of corrections to 2 7 participate in the pilot probation revocation project 2 8 shall devise and implement a system for the filing of 2 9 documents and records of probation hearings conducted 2 10 under this section. The system shall allow for the 2 11 electronic filing of records and documents where 2 12 electronic filing is practicable. 2 13 3. Appeals from orders of the administrative 2 14 parole and probation judge which pertain to the 2 15 revocations or modifications of or discharge from 2 16 probation shall be conducted in the manner provided in 2 17 rules adopted by the board of parole. 2 18 Sec. 102. Section 908.11, subsections 4 and 5, 2 19 Code 1999, are amended to read as follows: 2 20 4. If the person who is believed to have violated 2 21 the conditions of probation was sentenced and placed 2 22 on probation in thesixthjudicial district selected 2 23 by the department of corrections to participate in the 2 24 pilot probation revocation project under section 2 25 907.8A, or jurisdiction over the person was 2 26 transferred to thesixthjudicial district selected by 2 27 the department of corrections to participate in the 2 28 pilot probation revocation project as a result of 2 29 transfer of the person's probation supervision, the 2 30 functions of the liaison officer and the board of 2 31 parole may be performed by the administrative parole 2 32 and probation judge as provided in section 907.8A. 2 33 5. If the probation officer proceeds by arrest and 2 34 section 907.8A applies, the administrative parole and 2 35 probation judge may conduct the probable cause hearing 2 36 and probation revocation hearing. The probable cause 2 37 hearing and probation revocation hearing may, at the 2 38 discretion of the administrative parole and probation 2 39 judge, be merged into a single hearing when it appears 2 40 that the alleged violator will not be prejudiced by 2 41 the merger. An administrative parole and probation 2 42 judge may conduct any or all appearances or hearings 2 43 electronically or by telephone. An administrative 2 44 parole and probation judge may reconsider a person's 2 45 sentence in the manner provided in sections 902.4 and 2 46 903.2 if reconsideration is deemed appropriate and the 2 47 person's probation was revoked by an administrative 2 48 parole and probation judge in thesixthjudicial 2 49 district selected by the department of corrections to 2 50 participate in the pilot probation revocation project. 3 1 The sheriff shall coordinate and provide 3 2 transportation and security for probation hearings 3 3 conducted by an administrative parole and probation 3 4 judge. 3 5 Sec. . 1998 Iowa Acts, chapter 1197, section 3 6 11, is repealed." 3 7 #2. Page 10, by inserting after line 1 the 3 8 following: 3 9 "Sec. . PILOT PROJECT EVALUATIONS. 3 10 1. The division of criminal and juvenile justice 3 11 planning of the department of human rights, in 3 12 cooperation with the court, prosecutors, and community 3 13 corrections personnel of the sixth judicial district 3 14 and representatives of the board of parole, shall 3 15 conduct an evaluation of the effectiveness of the 3 16 sixth judicial district probation pilot project. The 3 17 evaluation shall include but shall not be limited to a 3 18 comparative assessment of the effect of the use of an 3 19 administrative parole and probation judge on the 3 20 efficient processing of cases, sentences imposed, 3 21 number of revocations, and offender compliance with 3 22 sentence terms in the sixth judicial district. The 3 23 evaluation shall be submitted in a report to the 3 24 general assembly which convenes in January 2001, or, 3 25 if the department of corrections selects the sixth 3 26 judicial district to participate in the pilot 3 27 probation revocation project until June 30, 2002, to 3 28 the general assembly which convenes in January 2003. 3 29 2. If the department of corrections selects a 3 30 judicial district other than the sixth judicial 3 31 district to participate in the pilot probation 3 32 revocation project until June 30, 2002, the division 3 33 of criminal and juvenile justice planning of the 3 34 department of human rights, in cooperation with the 3 35 court, prosecutors, and community corrections 3 36 personnel of the judicial district selected and 3 37 representatives of the board of parole, shall conduct 3 38 an evaluation of the effectiveness of the probation 3 39 pilot project for the selected judicial district. The 3 40 evaluation shall include but shall not be limited to a 3 41 comparative assessment of the effect of the use of an 3 42 administrative parole and probation judge on the 3 43 efficient processing of cases, sentences imposed, 3 44 number of revocations, and offender compliance with 3 45 sentence terms in the selected judicial district. The 3 46 evaluation shall be submitted in a report to the 3 47 general assembly which convenes in January 2003. 3 48 Sec. . Sections 101 and 102 of this Act are 3 49 repealed June 30, 2002." 3 50 #3. Page 10, lines 15 and 16, by striking the 4 1 words "delayed repeal of the sixth". 4 2 #4. By renumbering as necessary. 4 3 4 4 4 5 4 6 ROBERT E. DVORSKY 4 7 4 8 4 9 4 10 JEFF ANGELO 4 11 HF 2519.303 78 4 12 ec/cf
Text: S05325 Text: S05327 Text: S05300 - S05399 Text: S Index Bills and Amendments: General Index Bill History: General Index
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