Text: S05325                            Text: S05327
Text: S05300 - S05399                   Text: S Index
Bills and Amendments: General Index     Bill History: General Index

Senate Amendment 5326

Amendment Text

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    907.8A  SIXTH JUDICIAL 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 11 sixth judicial 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 the sixth judicial 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 the sixth judicial 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 the sixth judicial 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 the sixth judicial
  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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