Senate Study Bill 3157 - Introduced SENATE/HOUSE FILE _____ BY (RECOMMENDED BY THE CRIMINAL CODE REORGANIZATION STUDY COMMITTEE BILL) A BILL FOR An Act relating to extending a period of probation and 1 including applicability provisions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5217IC (5) 83 jm/rj

S.F. _____ H.F. _____ Section 1. Section 907.7, subsection 1, Code 2009, is 1 amended to read as follows: 2 1. The length of the probation shall be for a term period as 3 the court shall fix but not to exceed five years if the offense 4 is a felony or not to exceed two years if the offense is a 5 misdemeanor. The period of probation may be extended for up 6 to one year including one year beyond the maximum period as 7 provided in section 908.11. 8 Sec. 2. Section 908.11, subsection 4, Code 2009, is amended 9 to read as follows: 10 4. If the violation is established, the court may continue 11 the probation or youthful offender status with or without 12 an alteration of the conditions of probation or a youthful 13 offender status. If the defendant is an adult or a youthful 14 offender the court may hold the defendant in contempt of court 15 and sentence the defendant to a jail term while continuing the 16 probation or youthful offender status, order the defendant 17 to be placed in a violator facility established pursuant to 18 section 904.207 while continuing the probation or youthful 19 offender status, extend the term of probation for up to one 20 year as authorized in section 907.7 while continuing the 21 probation or youthful offender status, or revoke the probation 22 or youthful offender status and require the defendant to serve 23 the sentence imposed or any lesser sentence, and, if imposition 24 of sentence was deferred, may impose any sentence which might 25 originally have been imposed. 26 Sec. 3. Section 910.4, subsection 1, paragraph b, 27 subparagraph (1), Code 2009, is amended to read as follows: 28 (1) If the court extends the period of probation, it the 29 period of probation shall not be for more than the maximum 30 period of probation for the offense committed except for an 31 extension of a period of probation as provided authorized in 32 section 907.7. After discharge from probation or after 33 the expiration of the period of probation , as extended if 34 applicable , the failure of an offender to comply with the plan 35 -1- LSB 5217IC (5) 83 jm/rj 1/ 2

S.F. _____ H.F. _____ of restitution ordered by the court shall constitute contempt 1 of court. 2 Sec. 4. APPLICABILITY. This Act applies to criminal 3 offenses committed on or after July 1, 2010. 4 EXPLANATION 5 This bill relates to the extension of a period of 6 probation. The bill provides that a judge may extend a period 7 of probation, for up to one year including one year beyond 8 the maximum period, if a violation of probation has been 9 established. 10 The bill also requires the court to inform a defendant, at 11 the time of sentencing, that the period of probation may be 12 extended for up to one year if a violation of probation is 13 established. 14 The bill applies to criminal offenses committed on or after 15 July 1, 2010. 16 -2- LSB 5217IC (5) 83 jm/rj 2/ 2