House File 2294 - Introduced HOUSE FILE 2294 BY HINSON A BILL FOR An Act relating to technical violations of probation. 1 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 2 TLSB 5826YH (10) 87 jm/rh

H.F. 2294 Section 1. Section 908.11, Code 2018, is amended by adding 1 the following new subsection: 2 NEW SUBSECTION . 01. As used in this section, “technical 3 violation” means a violation of probation other than a violation 4 involving an arrest, conviction, or failure to follow a 5 specific court-imposed condition of probation, or when the 6 person absconds. 7 Sec. 2. Section 908.11, subsection 4, Code 2018, is amended 8 to read as follows: 9 4. a. If the violation is established, the court may 10 continue the probation or youthful offender status with 11 or without an alteration of the conditions of probation or 12 a youthful offender status. If the defendant is an adult 13 or a youthful offender the court may hold the defendant 14 in contempt of court and sentence the defendant to a jail 15 term while continuing the probation or youthful offender 16 status, classify the violation as a technical violation and 17 proceed under paragraph “b” while continuing the probation or 18 youthful offender status, order the defendant to be placed in 19 a violator facility established pursuant to section 904.207 20 while continuing the probation or youthful offender status, 21 extend the period of probation for up to one year as authorized 22 in section 907.7 while continuing the probation or youthful 23 offender status, or except as provided in paragraph “b” , revoke 24 the probation or youthful offender status and require the 25 defendant to serve the sentence imposed or any lesser sentence, 26 and, if imposition of sentence was deferred, may impose any 27 sentence which might originally have been imposed. 28 b. (1) If the violation established is a technical 29 violation, the court may sentence the defendant to a jail term 30 or order the defendant to be placed in a violator facility 31 established pursuant to section 904.207 while continuing the 32 probation or youthful offender status. The jail term or 33 placement shall not exceed the following: 34 (a) Five days for a first technical violation. 35 -1- LSB 5826YH (10) 87 jm/rh 1/ 2

H.F. 2294 (b) Ten days for a second technical violation. 1 (c) Fifteen days for a third or subsequent violation. 2 (2) The court shall not revoke the probation or youthful 3 offender status of a defendant unless at least four technical 4 violations have been established. 5 EXPLANATION 6 The inclusion of this explanation does not constitute agreement with 7 the explanation’s substance by the members of the general assembly. 8 This bill relates to technical violations of probation. 9 The bill defines “technical violation” to mean a violation 10 of probation other than a violation involving an arrest, 11 conviction, or failure to follow a specific court-imposed 12 condition of probation, or when the probationer absconds. 13 If a violation of probation is established under the bill, 14 the court may classify the violation as a technical violation 15 and proceed while continuing the probation or youthful offender 16 status of the defendant. If the court classifies the violation 17 as a technical violation of probation, the court may sentence 18 the defendant to a jail term or order the defendant to be 19 placed in a violator facility established pursuant to Code 20 section 904.207 while continuing the probation or youthful 21 offender status. The bill limits the jail term or placement 22 in the violator facility for a technical violation to the 23 following periods of time: 5 days for a first technical 24 violation, 10 days for a second technical violation, and 15 25 days for a third or subsequent violation. 26 The bill specifies that the court shall not revoke the 27 probation or youthful offender status of a person unless at 28 least four technical violations have been established. 29 -2- LSB 5826YH (10) 87 jm/rh 2/ 2