Senate File 2041 - Introduced SENATE FILE 2041 BY SCHMITZ A BILL FOR An Act relating to a restitution plan and a restitution plan of 1 payment in a criminal proceeding. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5413XS (2) 83 jm/nh

S.F. 2041 Section 1. Section 910.4, subsection 2, unnumbered 1 paragraph 1, Code 2009, is amended to read as follows: 2 When the offender is committed to a county jail, or to an 3 alternate facility, the The office or individual charged with 4 supervision of the offender shall prepare a restitution plan 5 of payment taking into consideration the offender’s income, 6 physical and mental health, age, education, employment and 7 family circumstances. 8 Sec. 2. Section 910.4, subsection 2, paragraph a, Code 2009, 9 is amended to read as follows: 10 a. The office or individual charged with supervision of the 11 offender shall review the plan of restitution ordered by the 12 court, and shall , after consultation with the victim, submit a 13 restitution plan of payment to the sentencing court. 14 Sec. 3. Section 910.6, Code 2009, is amended to read as 15 follows: 16 910.6 Payment plan —— copy to victims —— right to appeal . 17 1. An office or individual preparing a restitution plan 18 of payment or modified restitution plan of payment, when 19 it is approved by the court if approval is required under 20 section 910.4, or when the plan is completed if court approval 21 under section 910.4 is not required, shall forward a copy to 22 the clerk of court in the county in which the offender was 23 sentenced. The clerk of court shall forward a copy of the 24 plan of payment or modified plan of payment to the victim or 25 victims. 26 2. If a victim objects to any matter related to the plan of 27 restitution or the restitution plan of payment, the victim or 28 the county attorney on behalf of the victim may petition the 29 court as provided in section 910.7. 30 Sec. 4. Section 910.7, subsection 1, Code 2009, is amended 31 to read as follows: 32 1. At any time during the period of probation, parole, or 33 incarceration, the county attorney on behalf of the victim 34 or the victim, the offender , or the office or individual who 35 -1- LSB 5413XS (2) 83 jm/nh 1/ 2

S.F. 2041 prepared the offender’s restitution plan may petition the court 1 on any matter related to the plan of restitution or restitution 2 plan of payment and the court shall grant a hearing if on the 3 face of the petition it appears that a hearing is warranted. 4 Sec. 5. Section 910.7, Code 2009, is amended by adding the 5 following new subsection: 6 NEW SUBSECTION . 4. An order establishing a restitution 7 plan, a restitution plan of payment, or an order modifying such 8 an order is appealable by any party of interest including the 9 victim. 10 EXPLANATION 11 This bill relates to a restitution plan and a restitution 12 plan of payment in a criminal proceeding. 13 The bill specifies the office or individual supervising an 14 offender shall prepare a restitution plan of payment after 15 consulting the victim. 16 If the victim objects to a restitution plan or restitution 17 plan of payment pursuant to the bill, the county attorney on 18 behalf of the victim or the victim may petition the court for 19 a hearing on any matter related to the restitution plan or 20 restitution plan of payment. Currently, the offender, or the 21 office or individual supervising the offender may petition the 22 court on matters related to the restitution plan or restitution 23 plan of payment. 24 The bill specifies an order establishing a restitution plan, 25 a restitution plan of payment, or an order modifying such an 26 order is appealable by any party of interest including the 27 victim. 28 A restitution plan consists of orders issued pursuant to 29 Code section 910.3. 30 -2- LSB 5413XS (2) 83 jm/nh 2/ 2