House File 861 H-1479 Amend House File 861 as follows: 1 1. Page 21, after line 30 by inserting: 2 < DIVISION ___ 3 CRIMINAL CORRECTIONS —— PROBATION 4 Sec. ___. Section 907.1, Code 2021, is amended by adding the 5 following new subsections: 6 NEW SUBSECTION . 2A. “Discharge credit” means a fourteen-day 7 reduction from a defendant’s term of probation for each full 8 calendar month the defendant is in compliance with the terms 9 of the defendant’s probation. 10 NEW SUBSECTION . 2B. “Educational credit” means a ninety-day 11 reduction from a defendant’s term of probation when a defendant 12 earns a high school diploma or high school equivalency 13 certificate or completes a certified vocational, technical, or 14 career education or training program. 15 NEW SUBSECTION . 4A. “Technical violation” means a violation 16 by the defendant of the terms and conditions of probation other 17 than a conviction of the defendant for a new crime. 18 Sec. ___. Section 907.9, subsections 1 and 2, Code 2021, are 19 amended to read as follows: 20 1. At any time that the court determines that the purposes 21 of probation have been fulfilled and fees imposed under section 22 905.14 and court debt collected pursuant to section 602.8107 23 have been paid or are subject to a payment plan , the court may 24 order the discharge of a person from probation. 25 2. a. At any time that a probation officer determines 26 that the purposes of probation have been fulfilled and fees 27 imposed under section 905.14 and court debt collected pursuant 28 to section 602.8107 have been paid or are subject to a 29 payment plan , the officer may order the discharge of a person 30 from probation after approval of the district director and 31 notification of the sentencing court and the county attorney 32 who prosecuted the case. 33 b. Notwithstanding any earned discharge credit under 34 subsection 6 or any earned educational credit under subsection 35 -1- HF 861.2385 (1) 89 as/tm 1/ 8 #1.

7, a defendant’s probation officer shall submit a report to the 1 court no later than halfway through the defendant’s period of 2 probation describing the defendant’s progress under supervision 3 and making one of the following recommendations: 4 (1) Terminate the defendant’s probation early. 5 (2) Continue the defendant’s probation with reduced terms 6 and conditions. 7 (3) Continue the defendant’s probation as previously 8 ordered. 9 c. If the defendant’s probation officer’s recommendation 10 is to continue supervision as ordered under paragraph “b” , 11 subparagraph (3), or to continue the defendant’s probation with 12 reduced terms or conditions under paragraph “b” , subparagraph 13 (2), the probation officer shall describe why continued 14 supervision or continued probation with reduced terms and 15 conditions is necessary and beneficial. If the recommendation 16 is against early termination of the defendant’s probation, the 17 defendant may request a hearing on the matter. The requested 18 hearing shall be held no later than thirty days from the date 19 of the defendant’s request. At the hearing, the court shall 20 review the probation officer’s report; the defendant’s progress 21 and conduct on probation, including whether the defendant has 22 attended court-ordered mandatory counseling or treatment and 23 whether the defendant is subject to a payment plan and has 24 been found able to afford payments but is purposely avoiding 25 making payments; the underlying offense and its relationship 26 to the conditions of probation imposed on the defendant; 27 the defendant’s criminal record; and any mitigating factors 28 to determine whether to reduce the defendant’s probation, 29 discharge the defendant from probation, or reduce the terms and 30 conditions of the defendant’s probation. 31 d. Nothing in this subsection precludes the ability of a 32 probation officer or the court to terminate the defendant’s 33 probation early at any time. 34 Sec. ___. Section 907.9, subsection 4, paragraphs a and b, 35 -2- HF 861.2385 (1) 89 as/tm 2/ 8

Code 2021, are amended to read as follows: 1 a. At the expiration of the period of probation , if the 2 fees imposed under section 905.14 and court debt collected 3 pursuant to section 602.8107 have been paid and court debt 4 have been paid or are subject to a payment plan , the court 5 shall order the discharge of the person from probation. If 6 portions of the court debt remain unpaid, the person shall 7 establish a payment plan with the clerk of the district court 8 or the county attorney prior to the discharge. The payment 9 plan shall be based on the defendant’s ability to pay. The 10 court shall forward to the governor a recommendation for or 11 against restoration of citizenship rights to that person upon 12 discharge. If the court’s recommendation to the governor 13 is against the restoration of the defendant’s citizenship 14 rights, the court shall provide a written explanation of 15 its recommendation to the defendant and give notice to the 16 defendant of the defendant’s right to appear at a hearing. A 17 person who has been discharged from probation shall no longer 18 be held to answer for the person’s offense. 19 b. Upon discharge from probation, if judgment has been 20 deferred under section 907.3 , the court’s criminal record with 21 reference to the deferred judgment, any counts dismissed by the 22 court, which were contained in the indictment, information, 23 or complaint that resulted in the deferred judgment, and 24 any other related charges that were not contained in the 25 indictment, information, or complaint but were dismissed, shall 26 be expunged. However, the court’s record shall not be expunged 27 until the person has paid , or is subject to a payment plan, 28 for the restitution, civil penalties, court costs, fees, or 29 other financial obligations ordered by the court or assessed 30 by the clerk of the district court in the case that includes 31 the deferred judgment. The expunged record is a confidential 32 record exempt from public access under section 22.7 but shall 33 be made available by the clerk of the district court, upon 34 request and without court order, to an agency or person granted 35 -3- HF 861.2385 (1) 89 as/tm 3/ 8

access to the deferred judgment docket under section 907.4, 1 subsection 2 . The court’s record shall not be expunged in any 2 other circumstances unless authorized by law. 3 Sec. ___. Section 907.9, Code 2021, is amended by adding the 4 following new subsections: 5 NEW SUBSECTION . 6. a. A defendant on probation shall 6 be eligible to earn a discharge credit from the defendant’s 7 term of probation for each full calendar month in which the 8 defendant is in compliance with the terms of the defendant’s 9 probation. 10 b. A defendant shall not earn a discharge credit for a 11 calendar month in which a violation has occurred, the defendant 12 has absconded from probation, or the defendant is incarcerated. 13 c. A defendant shall not earn a discharge credit for a 14 partial calendar month or the last full calendar month of 15 probation. 16 d. A discharge credit shall be applied to the termination 17 date of the defendant’s probation within thirty days of the end 18 of the calendar month in which the discharge credit was earned. 19 NEW SUBSECTION . 7. A defendant on probation shall be 20 eligible to earn an educational credit from the defendant’s 21 term of probation for each full calendar month in which the 22 defendant is in compliance with the terms of the defendant’s 23 probation. 24 NEW SUBSECTION . 8. A defendant’s probation officer shall 25 notify the court when a defendant earns a discharge credit 26 or educational credit pursuant to subsection 6 or 7. Upon 27 receipt of a notice from the defendant’s probation officer, 28 the court shall conduct a review of the defendant’s probation 29 to determine if the defendant is eligible for a reduction or 30 termination of probation, taking into account any discharge 31 credit and educational credit the defendant has earned. A 32 defendant may earn both a discharge credit and an educational 33 credit to be applied toward the completion of the defendant’s 34 probation in accordance with this subsection. 35 -4- HF 861.2385 (1) 89 as/tm 4/ 8

Sec. ___. NEW SECTION . 907.12 Probation revocation —— 1 resentencing. 2 1. a. The court shall not impose a sentence of imprisonment 3 upon revoking probation unless the court finds any of the 4 following: 5 (1) The defendant has been convicted of a new felony or 6 misdemeanor. 7 (2) The defendant’s conduct creates an identifiable, 8 significant, and imminent danger to the community and no 9 other condition of supervision or treatment would decrease 10 this likelihood based upon the testimony of the defendant’s 11 probation officer. 12 b. If the court finds any of the factors in paragraph “a” , 13 the court shall follow the following sentencing guidelines: 14 (1) The court shall not sentence the defendant to 15 imprisonment on a first or second technical violation. 16 (2) The court may impose a sentence of up to seven days of 17 imprisonment upon a third technical violation. 18 (3) The court may impose a sentence of up to fifteen days of 19 imprisonment upon a fourth technical violation. 20 (4) The court may impose a sentence of up to thirty days of 21 imprisonment for a technical violation of certain conditions of 22 probation specified at the beginning of the defendant’s period 23 of probation. 24 2. There shall be no revocation of probation, imprisonment, 25 or increase in the terms and conditions of probation under this 26 section except upon the conclusion of a technical violation 27 revocation hearing in accordance with this subsection. 28 a. Upon an allegation of a technical violation of a 29 defendant by the defendant’s probation officer, a written 30 request for a technical violation revocation hearing shall be 31 filed with the court. 32 b. The court shall schedule a technical violation revocation 33 hearing within a reasonable time after receiving a written 34 request for a hearing. 35 -5- HF 861.2385 (1) 89 as/tm 5/ 8

c. The technical violation revocation hearing shall be held 1 before the defendant’s sentencing judge, if available. 2 d. The court shall hold a technical violation revocation 3 hearing to determine whether the facts warrant revocation of 4 a defendant’s probation and whether probation is still an 5 effective vehicle to accomplish rehabilitation of the defendant 6 and a sufficient deterrent against future criminal conduct. 7 e. The defendant shall have the right to confront and 8 cross-examine witnesses. 9 3. a. Following a technical violation revocation hearing, 10 and prior to resentencing, the court shall give the defendant 11 the opportunity to be heard and the defendant shall be entitled 12 to representation by an attorney. If the defendant is indigent 13 or incapable of requesting an attorney, the court shall appoint 14 an attorney to represent the defendant. 15 b. The court shall state on the record the reasons for the 16 sentence imposed. 17 c. The court shall advise the defendant on the record of 18 the right to file a motion to modify the sentence, the right to 19 file a petition for postconviction relief, and of the right to 20 the assistance of an attorney in the preparation of the motion 21 and the petition. The court shall also advise the defendant of 22 the time within which the defendant must exercise the rights 23 in this paragraph. 24 d. The court shall require that a record of the resentencing 25 proceeding be made and preserved to allow the record to be 26 transcribed including the record of any stipulation made 27 between the parties at any presentence hearing. 28 4. A motion to modify a sentence imposed after a technical 29 violation revocation hearing shall be filed within ten days 30 of the sentencing order. The filing of a motion to modify a 31 sentence shall not toll the thirty-day appeal period. 32 5. The court may revoke an order of probation upon proof 33 of a violation of any of the following specified conditions of 34 probation: 35 -6- HF 861.2385 (1) 89 as/tm 6/ 8

a. If a defendant has been convicted of a new felony, the 1 sentencing alternatives available to the court shall be the 2 same as were available at the time of a defendant’s initial 3 sentencing, and consideration shall be given to the defendant’s 4 time spent serving the order of probation. 5 b. If a defendant has been convicted of a new misdemeanor, 6 the sentencing alternatives available to the court shall be the 7 same as were available at the time of the defendant’s initial 8 sentencing; however, the defendant’s sentence may include a 9 term of imprisonment of up to ninety days. 10 Sec. ___. NEW SECTION . 907.15 Payment of fines and fees. 11 1. The court shall direct that a defendant pay fines and 12 fees in conjunction with a term of probation, and shall create 13 a payment plan based upon the defendant’s ability to pay. 14 2. The court, upon the receipt of a petition from a 15 probation officer for termination of a defendant’s probation, 16 shall not consider the defendant’s lack of payment of fines and 17 fees as a disqualifying factor for early termination of the 18 defendant’s probation unless the defendant has been found to 19 be able to afford payments but has purposely avoided making 20 payments. 21 3. A defendant who is compliant with the conditions of 22 probation shall not be precluded from obtaining a driver’s 23 license due to lack of payment of fines and fees, unless a 24 defendant has been found to be able to afford payments but has 25 purposely avoided making payments. 26 4. A determination of a defendant’s ability to pay shall 27 include the factors set forth in the court’s financial 28 affidavit under sections 815.9 and 908.2A. A defendant may 29 petition the court for review of the defendant’s financial 30 status pursuant to section 910.7. > 31 2. Title page, line 1, after < system > by inserting < , and 32 including certain probation matters > 33 3. By renumbering as necessary. 34 -7- HF 861.2385 (1) 89 as/tm 7/ 8 #2.