House Journal: Page 523: Wednesday, February 28, 2001
45 no person suffered pecuniary damages, the defendant
46 shall so state. If the defendant has any mental or
47 physical impairment which would limit or prohibit the
48 performance of a public service, the defendant shall
49 so state. The court may order a mental or physical
50 examination, or both, of the defendant to determine a
Page 3
1 proper course of action. At the time of sentencing or
2 at a later date to be determined by the court, the
3 court shall set out the amount of restitution
4 including the amount of public service to be performed
5 as restitution and the persons to whom restitution
6 must be paid. If the full amount of restitution
7 cannot be determined at the time of sentencing, the
8 court shall issue a temporary order determining a
9 reasonable amount for restitution identified up to
10 that time. At a later date as determined by the
11 court, the court shall issue a permanent, supplemental
12 order, setting the full amount of restitution. The
13 court shall enter further supplemental orders, if
14 necessary. These court orders shall be known as the
15 plan of restitution.
16 Sec. . Section 910.7, Code 2001, is amended to
17 read as follows:
18 910.7 PETITION FOR HEARING.
19 1. At any time during the period of probation,
20 parole, or incarceration, the offender or the office
21 or individual who prepared the offender's restitution
22 plan may petition the court on any matter related to
23 the plan of restitution or restitution plan of payment
24 and the court shall grant a hearing if on the face of
25 the petition it appears that a hearing is warranted,
26 except as provided in subsection 2. The court, at any
27 time prior to the expiration of the offender's
28 sentence, may modify the plan of restitution or the
29 restitution plan of payment, or both, and may extend
30 the period of time for the completion of restitution.
31 2. A petition to modify the plan of restitution
32 for unpaid fees under section 905.14, subsection 4,
33 shall be without hearing unless the offender, after
34 being notified, objects to the amount of unpaid fees.
35 Sec. . Section 910.9, unnumbered paragraph 3,
36 Code 2001, is amended to read as follows:
37 Fines, penalties, and surcharges, crime victim
38 compensation program reimbursement, public agency
39 restitution, unpaid fees incurred pursuant to section
40 905.14, subsection 4, court costs including
41 correctional fees claimed by a sheriff pursuant to
42 section 356.7, court-appointed attorney's attorney
43 fees, and expenses for public defenders, shall not be
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League of Women Voters of Iowa
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