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House File 9999

Partial Bill History

Bill Text

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 22 If section 907.8A applies, the probation officers shall make
  1 23 the reports of alleged violations to the administrative parole
  1 24 and probation judge within no less than thirty days before the
  1 25 period 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 court or the
  1 34 administrative parole and probation judge, if section 907.8A
  1 35 applies, may subsequently reduce the length of the probation
  2  1 if the court or the administrative parole and probation judge
  2  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 11    Except as otherwise provided in section 907.8A, the court
  2 12 shall retain jurisdiction Jurisdiction over these persons
  2 13 shall remain with the sentencing court.  Jurisdiction may be
  2 14 transferred to a court in another jurisdiction, or to the
  2 15 administrative parole and probation judge under section
  2 16 907.8A, if a person's probation supervision is transferred to
  2 17 a judicial district department of correctional services in a
  2 18 district other than the district in which the person was
  2 19 sentenced.
  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, at At
  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 probation
  2 35 judge if section 907.8A applies, and the county attorney who
  3  1 prosecuted the case.
  3  2    3.  The sentencing judge or, if section 907.8A applies, the
  3  3 administrative 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, if
  3  9 section 907.8A does not apply.  Following the hearing, the
  3 10 court or the administrative parole and probation judge shall
  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 court or, if section 907.8A applies, the administrative
  3 20 parole and probation judge, shall order the discharge of the
  3 21 person from probation, and the court or administrative parole
  3 22 and probation judge shall 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 and
  3 35 907.8A, the The 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 arrest and section
  4  7 907.8A 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 16    4.  If the person who is believed to have violated the
  4 17 conditions of probation was sentenced and placed on probation
  4 18 in the sixth judicial district under section 907.8A, or
  4 19 jurisdiction over the person was transferred to the sixth
  4 20 judicial district as a result of transfer of the person's
  4 21 probation supervision, the functions of the liaison officer
  4 22 and the board of parole shall be performed by the
  4 23 administrative parole and probation judge as provided in
  4 24 section 907.8A.
  4 25    5.  If the probation officer proceeds by arrest and section
  4 26 907.8A applies, the administrative parole and probation judge
  4 27 may receive the complaint, issue an arrest warrant, or conduct
  4 28 the initial appearance and probable cause hearing.  The
  4 29 initial appearance, probable cause hearing, and probation
  4 30 revocation hearing, or any of them, may, at the discretion of
  4 31 the administrative parole and probation judge, be merged into
  4 32 a single hearing when it appears that the alleged violator
  4 33 will not be prejudiced by the merger.
  4 34    6.  If the violation is established, the court or the
  4 35 administrative parole and probation judge may 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 judge
  5 14 may revoke the probation and require the defendant to serve
  5 15 the sentence which was originally imposed.  The administrative
  5 16 parole and probation judge may grant credit against the
  5 17 sentence, for any time served while the defendant was on
  5 18 probation.  The order of the administrative parole and
  5 19 probation judge shall become a final decision, unless the
  5 20 defendant appeals the decision to the board of parole within
  5 21 the time provided in rules adopted by the board.  The appeal
  5 22 shall be conducted pursuant to rules adopted by the board and
  5 23 the record on appeal shall be the record made at the hearing
  5 24 conducted 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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