H.F. 2024 Section 1. NEW SECTION . 249A.6A Restitution. 1 If restitution is ordered by the court pursuant to section 2 910.2, and the victim is a recipient of medical assistance 3 for whom expenditures were made as a result of the offender’s 4 criminal activities, restitution may be made to the medical 5 assistance program in accordance with section 910.2. 6 Sec. 2. Section 910.2, Code 2009, is amended to read as 7 follows: 8 910.2 Restitution or community service to be ordered by 9 sentencing court. 10 1. In all criminal cases in which there is a plea of 11 guilty, verdict of guilty, or special verdict upon which a 12 judgment of conviction is rendered, the sentencing court 13 shall order that restitution be made by each offender to 14 the victims of the offender’s criminal activities, to the 15 clerk of court for fines, penalties, surcharges, and, to 16 the extent that the offender is reasonably able to pay, for 17 crime victim assistance reimbursement, restitution to public 18 agencies pursuant to section 321J.2, subsection 9, paragraph 19 “b” , restitution to the medical assistance program pursuant 20 to chapter 249A for expenditures paid on behalf of the victim 21 resulting from the offender’s criminal activities, court costs 22 including correctional fees approved pursuant to section 23 356.7, court-appointed attorney fees ordered pursuant to 24 section 815.9, including the expense of a public defender, 25 when applicable, or contribution to a local anticrime 26 organization. However, victims shall be paid in full before 27 fines, penalties, and surcharges, crime victim compensation 28 program reimbursement, public agencies, the medical assistance 29 program, court costs including correctional fees approved 30 pursuant to section 356.7, court-appointed attorney fees 31 ordered pursuant to section 815.9, including the expenses 32 of a public defender, or contributions to a local anticrime 33 organization are paid. In structuring a plan of restitution, 34 the court shall provide for payments in the following order 35 -1- LSB 5517HH (2) 83 pf/nh 1/ 3

H.F. 2024 of priority: victim, fines, penalties, and surcharges, crime 1 victim compensation program reimbursement, public agencies, the 2 medical assistance program, court costs including correctional 3 fees approved pursuant to section 356.7, court-appointed 4 attorney fees ordered pursuant to section 815.9, including 5 the expense of a public defender, and contribution to a local 6 anticrime organization. 7 2. When the offender is not reasonably able to pay 8 all or a part of the crime victim compensation program 9 reimbursement, public agency restitution, medical assistance 10 program restitution, court costs including correctional fees 11 approved pursuant to section 356.7, court-appointed attorney 12 fees ordered pursuant to section 815.9, including the expense 13 of a public defender, or contribution to a local anticrime 14 organization, the court may require the offender in lieu 15 of that portion of the crime victim compensation program 16 reimbursement, public agency restitution, medical assistance 17 program restitution, court costs including correctional fees 18 approved pursuant to section 356.7, court-appointed attorney 19 fees ordered pursuant to section 815.9, including the expense 20 of a public defender, or contribution to a local anticrime 21 organization for which the offender is not reasonably able to 22 pay, to perform a needed public service for a governmental 23 agency or for a private nonprofit agency which provides a 24 service to the youth, elderly, or poor of the community. When 25 community service is ordered, the court shall set a specific 26 number of hours of service to be performed by the offender 27 which, for payment of court-appointed attorney fees ordered 28 pursuant to section 815.9, including the expenses of a public 29 defender, shall be approximately equivalent in value to those 30 costs. The judicial district department of correctional 31 services shall provide for the assignment of the offender to 32 a public agency or private nonprofit agency to perform the 33 required service. 34 -2- LSB 5517HH (2) 83 pf/nh 2/ 3

H.F. 2024 EXPLANATION 1 This bill includes in the listing of entities that may be 2 paid restitution by a criminal offender, the medical assistance 3 program for expenditures paid on behalf of the victim that were 4 the result of the offender’s criminal activities. The bill 5 provides that the victim is to be paid in full before any such 6 restitution is paid to the medical assistance program and other 7 specified entities. 8 -3- LSB 5517HH (2) 83 pf/nh 3/ 3