907.8  Supervision during probationary period.

A person released on probation shall be assigned to a probation officer. Both the person and the person's probation officer shall be furnished with the conditions of the person's probation including a copy of the plan of restitution and the restitution plan of payment, if any, and the regulations which the person will be required to observe, in writing. The probation officer shall explain these conditions and regulations to the person and shall supervise, assist, and counsel the person during the term of the person's probation.

When probation is granted, the court shall order said person committed to the custody, care, and supervision:

1.  Of any suitable resident of this state; or

2.  Of the judicial district department of correctional services.

Except as otherwise provided in section 907.8A, the court shall retain jurisdiction over these persons. Jurisdiction may be transferred to a court in another jurisdiction, or to the administrative parole and probation judge under section 907.8A, if a person's probation supervision is transferred to a judicial district department of correctional services in a district other than the district in which the person was sentenced.

In each case wherein the court shall order said person committed to the custody, care, and supervision of the judicial district department of correctional services, the clerk of the district court shall at once furnish the director of the judicial district department of correctional services with certified copies of the indictment or information, the minutes of testimony attached thereto, the judgment entry if judgment is not deferred, and the original mittimus. The county attorney shall at once advise the director, by letter, that the defendant has been placed under the supervision of the judicial district department of correctional services and give the director a detailed statement of the facts and circumstances surrounding the crime committed and the record and history of the defendant as may be known to the county attorney. If the defendant is confined in the county jail at the time of sentence, the court may order the defendant held until arrangements are made by the judicial district department of correctional services for the defendant's employment and the defendant has signed the necessary probation papers. If the defendant is not confined in the county jail at the time of sentence, the court may order the defendant to remain in the county wherein the defendant has been convicted and sentenced and report to the sheriff as to the defendant's whereabouts.

Section History: Early form

  [S13, § 5447-a; C24, 27, 31, 35, 39, § 3801; C46, 50, 54, 58, 62, 66, 71, 73, § 247.21; C75, 77, § 789A.7; C79, 81, § 907.8; 82 Acts, ch 1162, § 12, 14]

Section History: Recent form

  97 Acts, ch 125, § 7

Internal References

  Referred to in § 331.756(83), 602.8102(135), 908.11

Footnotes

  For future amendments effective July 1, 2000, see 98 Acts, ch 1197, § 6, 13


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