Text: SF00224 Text: SF00226 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 822.1, Code 2001, is amended to read as 1 2 follows: 1 3 822.1 STATUTES NOT APPLICABLE TO CONVICTED PERSONS. 1 4 The provisions of sections 663.1 through 663.44, inclusive, 1 5 shall not apply to persons convicted of, or sentenced for, a 1 6 public offense. Chapter 17A shall not apply to an applicant 1 7 seeking relief under section 822.2, subsection 5, for an 1 8 unlawful revocation of parole or other conditional release. 1 9 Sec. 2. Section 822.5, Code 2001, is amended to read as 1 10 follows: 1 11 822.5 PAYMENT OF COSTS. 1 12 1.If theExcept as provided in subsection 2, if an 1 13 applicant is unable to pay court costs and stenographic and 1 14 printing expenses, and the costs of legal representation, 1 15 these costs and expenses shall be made available to the 1 16 applicant in the trial court, and on review.Unless the1 17applicant is confined in a state institution and is seeking1 18relief under section 822.2, subsections 5 and 6, the costs and1 19expenses of legal representation shall also be made available1 20to the applicant in the preparation of the application, in the1 21trial court, and on review if the applicant is unable to pay.1 22 2. If an applicant seeking relief from the revocation of a 1 23 conditional release other than probation and parole under 1 24 section 822.2, subsection 5, or from the forfeiture of a 1 25 reduction of sentence under section 822.2, subsection 6, is 1 26 unable to pay court costs, all the costs and expenses shall be 1 27 made available to the applicant as provided in subsection 1, 1 28 except the costs of legal representation which shall not be 1 29 provided at state expense. 1 30 3.However, nothing in thisThis section shall not be 1 31 interpreted to require payment of expenses of legal 1 32 representation, including stenographic, printing, or other 1 33 legal services or consultation, when the applicant is self- 1 34 represented or is utilizing the services of an inmate. 1 35 EXPLANATION 2 1 This bill relates to a criminal defendant seeking 2 2 postconviction relief. 2 3 The bill provides that a defendant whose parole or 2 4 conditional release has been unlawfully revoked may only file 2 5 an action for postconviction relief notwithstanding the 2 6 requirements of the Iowa administrative procedures Act in Code 2 7 chapter 17A. The bill eliminates the applicability of 2 8 numerous procedural requirements enumerated under chapter 17A 2 9 which may be applicable to a postconviction action filed under 2 10 Code chapter 822, including where to file an action and 2 11 certain mailing requirements for judicial review. 2 12 The bill effectively provides that Code chapter 822 shall 2 13 be the exclusive means for commencing an action for 2 14 postconviction relief if a defendant's parole or conditional 2 15 release has been unlawfully revoked. Current law provides 2 16 that an action for postconviction relief shall be commenced 2 17 within three years of a defendant's parole or conditional 2 18 release being revoked and shall be filed in the county where 2 19 the offender's conviction took place. 2 20 The bill also provides that an indigent defendant seeking 2 21 postconviction relief is not entitled to legal representation 2 22 at state expense, if the defendant is seeking relief from a 2 23 decision to revoke a conditional release from prison other 2 24 than probation or parole. The bill also provides that a 2 25 person is not entitled to legal representation at state 2 26 expense if the person is seeking relief from a forfeiture of a 2 27 reduction in sentence due to prison disciplinary action. 2 28 Current law and the remainder of the bill generally otherwise 2 29 provide that a defendant seeking postconviction relief is 2 30 entitled to have the court costs, stenographic and printing 2 31 costs, and legal representation costs paid at state expense, 2 32 if the defendant is unable to pay for these costs. 2 33 LSB 1122SV 79 2 34 jm/cls/14
Text: SF00224 Text: SF00226 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
© 2001 Cornell College and League of Women Voters of Iowa
Comments about this site or page?
webmaster@legis.iowa.gov.
Please remember that the person listed above does not vote on bills. Direct all comments concerning legislation to State Legislators.
Last update: Sat Mar 16 03:25:00 CST 2002
URL: /DOCS/GA/79GA/Legislation/SF/00200/SF00225/010219.html
jhf