Text: HF09998 Text: HF10000 Text: HF09900 - HF09999 Text: HF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 907.2, unnumbered paragraph 2, Code 1 2 Supplement 1997, is amended to read as follows: 1 3 Probation officers employed by the judicial district 1 4 department of correctional services, while performing the 1 5 duties prescribed by that department, are peace officers. 1 6 Probation officers shall investigate all persons referred to 1 7 them for investigation by the director of the judicial 1 8 district department of correctional services which employs 1 9 them. They shall furnish to each person released under their 1 10 supervision or committed to a community corrections 1 11 residential facility operated by the judicial district 1 12 department of correctional services, a written statement of 1 13 the conditions of probation or commitment. They shall keep 1 14 informed of each person's conduct and condition and shall use 1 15 all suitable methods prescribed by the judicial district 1 16 department of correctional services to aid and encourage the 1 17 person to bring about improvements in the person's conduct and 1 18 condition. Probation officers shall keep records of their 1 19 work and, unless section 907.8A applies,shall make reports to 1 20 the court when alleged violations occur and within no less 1 21 than thirty days before the period of probation will expire. 1 22If section 907.8A applies, the probation officers shall make1 23the reports of alleged violations to the administrative parole1 24and probation judge within no less than thirty days before the1 25period of probation will expire.Probation officers shall 1 26 coordinate their work with other social welfare agencies which 1 27 offer services of a corrective nature operating in the area to 1 28 which they are assigned. 1 29 Sec. 2. Section 907.7, unnumbered paragraph 2, Code 1 30 Supplement 1997, is amended to read as follows: 1 31 The length of the probation shall not be less than one year 1 32 if the offense is a misdemeanor and shall not be less than two 1 33 years if the offense is a felony. However, the courtor the1 34administrative parole and probation judge, if section 907.8A1 35applies,may subsequently reduce the length of the probation 2 1 if the courtor the administrative parole and probation judge2 2 determines that the purposes of probation have been fulfilled 2 3 and the fees imposed under section 905.14 have been paid to or 2 4 waived by the judicial district department of correctional 2 5 services. The purposes of probation are to provide maximum 2 6 opportunity for the rehabilitation of the defendant and to 2 7 protect the community from further offenses by the defendant 2 8 and others. 2 9 Sec. 3. Section 907.8, unnumbered paragraph 3, Code 2 10 Supplement 1997, is amended to read as follows: 2 11Except as otherwise provided in section 907.8A, the court2 12shall retain jurisdictionJurisdiction over these persons 2 13 shall remain with the sentencing court.Jurisdiction may be2 14transferred to a court in another jurisdiction, or to the2 15administrative parole and probation judge under section2 16907.8A, if a person's probation supervision is transferred to2 17a judicial district department of correctional services in a2 18district other than the district in which the person was2 19sentenced.2 20 Sec. 4. Section 907.9, subsections 1 through 4, Code 2 21 Supplement 1997, are amended to read as follows: 2 22 1.Except as otherwise provided in section 907.8A, atAt 2 23 any time that the court determines that the purposes of 2 24 probation have been fulfilled and the fees imposed under 2 25 section 905.14 have been paid to or waived by the judicial 2 26 district department of correctional services, the court may 2 27 order the discharge of a person from probation. 2 28 2. At any time that a probation officer determines that 2 29 the purposes of probation have been fulfilled and the fees 2 30 imposed under section 905.14 have been paid to or waived by 2 31 the judicial district department of correctional services, the 2 32 officer may order the discharge of a person from probation 2 33 after approval of the district director and notification of 2 34 the sentencing court, the administrative parole and probation2 35judge if section 907.8A applies,and the county attorney who 3 1 prosecuted the case. 3 2 3. The sentencing judgeor, if section 907.8A applies, the3 3administrative parole and probation judge,may order a hearing 3 4 on its own motion, or shall order a hearing upon the request 3 5 of the county attorney, for review of such discharge. If the 3 6 sentencing judge is no longer serving or unable to order such 3 7 hearing, the chief judge of the district or the chief judge's 3 8 designee shall order any hearing pursuant to this section, if3 9section 907.8A does not apply. Following the hearing, the 3 10 courtor the administrative parole and probation judgeshall 3 11 approve or rescind such discharge. If a hearing is not 3 12 ordered within thirty days after notification by the probation 3 13 officer, the person shall be discharged and the probation 3 14 officer shall notify the state court administrator of such 3 15 discharge. 3 16 4. At the expiration of the period of probation and if the 3 17 fees imposed under section 905.14 have been paid to or waived 3 18 by the judicial district department of correctional services, 3 19 the courtor, if section 907.8A applies, the administrative3 20parole and probation judge,shall order the discharge of the 3 21 person from probation, and the courtor administrative parole3 22and probation judgeshall forward to the governor a 3 23 recommendation for or against restoration of citizenship 3 24 rights to that person. A person who has been discharged from 3 25 probation shall no longer be held to answer for the person's 3 26 offense. Upon discharge from probation, if judgment has been 3 27 deferred under section 907.3, the court's criminal record with 3 28 reference to the deferred judgment shall be expunged. The 3 29 record maintained by the state court administrator as required 3 30 by section 907.4 shall not be expunged. The court's record 3 31 shall not be expunged in any other circumstances. 3 32 Sec. 5. Section 908.11, subsections 2 through 6, Code 3 33 Supplement 1997, are amended to read as follows: 3 34 2.Except as otherwise provided in sections 907.8 and3 35907.8A, theThe functions of the liaison officer and the board 4 1 of parole shall be performed by the judge or magistrate who 4 2 placed the alleged violator on probation if that judge or 4 3 magistrate is available, otherwise by another judge or 4 4 magistrate who would have had jurisdiction to try the original 4 5 offense. 4 6 3. If the probation officer proceeds by arrestand section4 7907.8A does not apply, any magistrate may receive the 4 8 complaint, issue an arrest warrant, or conduct the initial 4 9 appearance and probable cause hearing if it is not convenient 4 10 for the judge who placed the alleged violator on probation to 4 11 do so. The initial appearance, probable cause hearing, and 4 12 probation revocation hearing, or any of them, may at the 4 13 discretion of the court be merged into a single hearing when 4 14 it appears that the alleged violator will not be prejudiced by 4 15 the merger. 4 164. If the person who is believed to have violated the4 17conditions of probation was sentenced and placed on probation4 18in the sixth judicial district under section 907.8A, or4 19jurisdiction over the person was transferred to the sixth4 20judicial district as a result of transfer of the person's4 21probation supervision, the functions of the liaison officer4 22and the board of parole shall be performed by the4 23administrative parole and probation judge as provided in4 24section 907.8A.4 255. If the probation officer proceeds by arrest and section4 26907.8A applies, the administrative parole and probation judge4 27may receive the complaint, issue an arrest warrant, or conduct4 28the initial appearance and probable cause hearing. The4 29initial appearance, probable cause hearing, and probation4 30revocation hearing, or any of them, may, at the discretion of4 31the administrative parole and probation judge, be merged into4 32a single hearing when it appears that the alleged violator4 33will not be prejudiced by the merger.4 34 6. If the violation is established, the courtor the4 35administrative parole and probation judgemay continue the 5 1 probation or youthful offender status with or without an 5 2 alteration of the conditions of probation or a youthful 5 3 offender status. If the defendant is an adult or a youthful 5 4 offender the court may hold the defendant in contempt of court 5 5 and sentence the defendant to a jail term while continuing the 5 6 probation or youthful offender status, order the defendant to 5 7 be placed in a violator facility established pursuant to 5 8 section 904.207 while continuing the probation or youthful 5 9 offender status, or revoke the probation or youthful offender 5 10 status and require the defendant to serve the sentence imposed 5 11 or any lesser sentence, and, if imposition of sentence was 5 12 deferred, may impose any sentence which might originally have 5 13 been imposed.The administrative parole and probation judge5 14may revoke the probation and require the defendant to serve5 15the sentence which was originally imposed. The administrative5 16parole and probation judge may grant credit against the5 17sentence, for any time served while the defendant was on5 18probation. The order of the administrative parole and5 19probation judge shall become a final decision, unless the5 20defendant appeals the decision to the board of parole within5 21the time provided in rules adopted by the board. The appeal5 22shall be conducted pursuant to rules adopted by the board and5 23the record on appeal shall be the record made at the hearing5 24conducted by the administrative parole and probation judge.
Text: HF09998 Text: HF10000 Text: HF09900 - HF09999 Text: HF Index Bills and Amendments: General Index Bill History: General Index
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