S.F. 2244 Section 1. Section 356.7, subsection 2, paragraph i, Code 1 2020, is amended by striking the paragraph. 2 Sec. 2. Section 356.7, subsection 4, Code 2020, is amended 3 by striking the subsection and inserting in lieu thereof the 4 following: 5 4. A claim for reimbursement shall be filed in a separate 6 civil action rather than as a claim in the underlying criminal 7 case. 8 Sec. 3. Section 602.8105, subsection 1, Code 2020, is 9 amended by adding the following new paragraph: 10 NEW PARAGRAPH . k. For a civil claim for reimbursement under 11 section 356.7, zero dollars. 12 Sec. 4. Section 602.8107, subsection 1, paragraph a, Code 13 2020, is amended by striking the paragraph and inserting in 14 lieu thereof the following: 15 a. “Court debt” means all restitution, fees, and forfeited 16 bail. 17 Sec. 5. Section 602.8107, subsection 2, paragraphs b and c, 18 Code 2020, are amended to read as follows: 19 b. (1) If Except as provided in subparagraph (2), if a case 20 number is not identified, the clerk shall apply the payment to 21 the balance owed in the criminal case with the oldest judgment 22 against the person. 23 (2) The clerk shall apply payments to pecuniary damages 24 in other criminal cases when no case number is identified in 25 priority order from the oldest judgment to the most recent 26 judgment before applying payments to any other court debt. 27 c. Payments received under this section shall be applied in 28 the following priority order: 29 (1) Pecuniary damages as defined in section 910.1, 30 subsection 3 . 31 (2) Fines or penalties and criminal penalty and law 32 enforcement initiative surcharges. 33 (3) Crime victim compensation program reimbursement. 34 (4) Court costs , including correctional fees assessed 35 -1- LSB 6195XS (8) 88 jm/rh 1/ 15

S.F. 2244 pursuant to sections 356.7 and 904.108 , court-appointed 1 attorney fees, or public defender expenses. 2 Sec. 6. Section 602.8107, subsection 4, paragraph a, Code 3 2020, is amended to read as follows: 4 a. This subsection does not apply to amounts collected for 5 victim restitution involving pecuniary damages , the victim 6 compensation fund, the criminal penalty surcharge, sex offender 7 civil penalty, drug abuse resistance education surcharge, 8 the law enforcement initiative surcharge, county enforcement 9 surcharge, or amounts collected as a result of procedures 10 initiated under subsection 5 or under section 8A.504 , or fees 11 charged pursuant to section 356.7 . 12 Sec. 7. Section 909.3, subsection 1, Code 2020, is amended 13 to read as follows: 14 1. All Unless a plan of payment has been issued pursuant to 15 chapter 910, fines imposed by the court shall be paid on the 16 day the fine is imposed, and the person shall be instructed to 17 pay such fines with the office of the clerk of the district 18 court on the date of imposition. 19 Sec. 8. Section 910.1, subsection 4, Code 2020, is amended 20 by striking the subsection and inserting in lieu thereof the 21 following: 22 4. “Restitution” means pecuniary damages, category “A” 23 restitution, and category “B” restitution. 24 Sec. 9. Section 910.1, Code 2020, is amended by adding the 25 following new subsections: 26 NEW SUBSECTION . 01. “Category “A” restitution” means fines, 27 penalties, and surcharges. 28 NEW SUBSECTION . 001. “Category “B” restitution” means 29 the contribution of funds to a local anticrime organization 30 which provided assistance to law enforcement in an offender’s 31 case, the payment of crime victim compensation program 32 reimbursements, payment of restitution to public agencies 33 pursuant to section 321J.2, subsection 13, paragraph “b” , 34 court costs, court-appointed attorney fees ordered pursuant to 35 -2- LSB 6195XS (8) 88 jm/rh 2/ 15

S.F. 2244 section 815.9, including the expense of a public defender, and 1 payment to the medical assistance program pursuant to chapter 2 249A for expenditures paid on behalf of the victim resulting 3 from the offender’s criminal activities including investigative 4 costs incurred by the Medicaid fraud control unit pursuant to 5 section 249A.50. 6 NEW SUBSECTION . 1A. “Financial affidavit” means a signed 7 affidavit under penalty of perjury that provides financial 8 information about the offender to enable the sentencing court 9 or the department of corrections to make a determination 10 regarding the ability of the offender to pay category “B” 11 restitution. “Financial affidavit” includes the offender’s 12 income, physical and mental health, age, education, employment, 13 inheritance, other debts, other amounts of restitution owed, 14 family circumstances, and any assets subject to execution, 15 including but not limited to cash, accounts at financial 16 institutions, stocks, bonds, and any other property which may 17 be applied to the satisfaction of judgments. 18 NEW SUBSECTION . 3A. “Permanent restitution order” means an 19 order entered when the court is able to order the full amount 20 of restitution, either at the time of sentencing or at a later 21 date to be determined by the court. 22 NEW SUBSECTION . 3B. “Plan of payment” or “restitution plan 23 of payment” means a plan for paying restitution wherein the 24 defendant is ordered to pay a certain amount of money each 25 month to repay outstanding restitution. 26 NEW SUBSECTION . 3C. “Plan of restitution” means a temporary 27 restitution order, permanent restitution order, restitution 28 plan of payment, any other court order relating to restitution, 29 or any combination of the foregoing. 30 NEW SUBSECTION . 4A. “Temporary restitution order” means 31 an order entered when the sentencing court is unable to order 32 the full amount of restitution, whether due to incomplete 33 statements of pecuniary damages, incomplete statements 34 involving other restitution, or for any other cause. 35 -3- LSB 6195XS (8) 88 jm/rh 3/ 15

S.F. 2244 Sec. 10. Section 910.2, Code 2020, is amended by striking 1 the section and inserting in lieu thereof the following: 2 910.2 Restitution or community service ordered by sentencing 3 court. 4 1. a. In all criminal cases in which there is a plea of 5 guilty, verdict of guilty, or special verdict upon which a 6 judgment of conviction is rendered, the sentencing court shall 7 order that pecuniary damages be paid by each offender to the 8 victims of the offender’s criminal activities, and that all 9 other restitution be paid to the clerk of court subject to the 10 following: 11 (1) Pecuniary damages and category “A” restitution shall be 12 ordered without regard to an offender’s reasonable ability to 13 make payments. 14 (2) Category “B” restitution shall be ordered subject to 15 an offender’s reasonable ability to make payments pursuant to 16 section 910.2A. 17 b. Pecuniary damages shall be paid to victims in full before 18 category “A” and category “B” restitution are paid. 19 c. In structuring a plan of restitution, the plan of payment 20 shall provide for payments in the following order of priority: 21 (1) Pecuniary damages to the victim. 22 (2) Category “A” restitution. 23 (3) Category “B” restitution in the following order: 24 (a) Crime victim compensation program reimbursement. 25 (b) Public agencies. 26 (c) Court costs. 27 (d) Court-appointed attorney fees ordered pursuant to 28 section 815.9, including the expense of a public defender. 29 (e) Contribution to a local anticrime organization. 30 (f) The medical assistance program. 31 2. a. When the offender is not reasonably able to pay 32 all or a part of category “B” restitution, the court may 33 require the offender in lieu of that portion of category “B” 34 restitution for which the offender is not reasonably able to 35 -4- LSB 6195XS (8) 88 jm/rh 4/ 15

S.F. 2244 pay, to perform a needed public service for a governmental 1 agency or for a private nonprofit agency which provides a 2 service to the youth, elderly, or poor of the community. 3 b. When community service is ordered, the court shall set 4 a specific number of hours of service to be performed by the 5 offender. When calculating the amount of community service to 6 be performed in lieu of payment of court-appointed attorney 7 fees, the court shall determine the approximate equivalent 8 value of the expenses of the public defender. The judicial 9 district department of correctional services shall provide for 10 the assignment of the offender to a public agency or private 11 nonprofit agency to perform the required service. 12 Sec. 11. NEW SECTION . 910.2A Reasonable ability to pay —— 13 category “B” restitution payments. 14 1. An offender is presumed to have the reasonable ability 15 to make restitution payments for the full amount of category 16 “B” restitution. 17 2. If an offender requests that the court determine the 18 amount of category “B” restitution payments the offender is 19 reasonably able to make toward paying the full amount of such 20 restitution, the court shall hold a hearing and make such a 21 determination, subject to the following provisions: 22 a. To obtain relief at such a hearing, the offender must 23 affirmatively prove by a preponderance of the evidence that the 24 offender is unable to reasonably make payments toward the full 25 amount of category “B” restitution. 26 b. The offender must furnish the prosecuting attorney and 27 sentencing court with a completed financial affidavit. Failure 28 to furnish a completed financial affidavit waives any claim 29 regarding the offender’s reasonable ability to pay. 30 c. The prosecuting attorney, the attorney for the defendant, 31 and the court shall be permitted to question the offender 32 regarding the offender’s reasonable ability to pay. 33 d. Based on the evidence offered at the hearing, including 34 but not limited to the financial affidavit, the court shall 35 -5- LSB 6195XS (8) 88 jm/rh 5/ 15

S.F. 2244 determine the amount of category “B” restitution the offender 1 is reasonably able to make payments toward, and order the 2 offender to make payments toward that amount. 3 3. a. If an offender does not make a request as provided in 4 subsection 2 at the time of sentencing or within thirty days 5 after the court issues a permanent restitution order, the court 6 shall order the offender to pay the full amount of category “B” 7 restitution. 8 b. An offender’s failure to request a determination 9 pursuant to this section waives all future claims regarding 10 the offender’s reasonable ability to pay, except as provided 11 by section 910.7. 12 4. If a court finds an offender is not reasonably able 13 to make payments toward the full amount of category “B” 14 restitution, the offender’s financial affidavit shall be 15 filed of record in all criminal cases for which the offender 16 owes restitution and the affidavit shall be accessible by a 17 prosecuting attorney or attorney for the offender without court 18 order or appearance. 19 5. A court that makes a determination under this section is 20 presumed to have properly exercised its discretion. A court is 21 not required to state its reasons for making a determination. 22 Sec. 12. Section 910.3, Code 2020, is amended to read as 23 follows: 24 910.3 Determination of amount of restitution. 25 1. The county prosecuting attorney shall prepare a 26 statement of pecuniary damages to victims of the defendant 27 and, if applicable, any award by the crime victim compensation 28 program and expenses incurred by public agencies pursuant to 29 section 321J.2, subsection 13 , paragraph “b” , and shall provide 30 the statement to the presentence investigator or submit the 31 statement to the court at the time of sentencing. 32 2. The clerk of court shall prepare a statement of 33 court-appointed attorney fees ordered pursuant to section 34 815.9 , including the expense of a public defender , and court 35 -6- LSB 6195XS (8) 88 jm/rh 6/ 15

S.F. 2244 costs including correctional fees claimed by a sheriff or 1 municipality pursuant to section 356.7 , which shall be provided 2 to the presentence investigator or submitted to the court at 3 the time of sentencing. 4 3. If these the statements in subsection 1 or 2 are provided 5 to the presentence investigator, they shall become a part of 6 the presentence report. 7 4. If pecuniary damage amounts are not available or are 8 incomplete at the time of sentencing, the county prosecuting 9 attorney shall provide a statement of pecuniary damages 10 incurred up to that time to the clerk of court. 11 5. The statement of pecuniary damages shall ordinarily be 12 provided no later than thirty days after sentencing. However, 13 a prosecuting attorney may file a statement of pecuniary 14 damages within a reasonable time after the prosecuting attorney 15 is notified by a victim of any pecuniary damages incurred. 16 6. If a defendant believes no person suffered pecuniary 17 damages, the defendant shall so state. 18 7. If the defendant has any mental or physical impairment 19 which would limit or prohibit the performance of a public 20 service, the defendant shall so state. The court may order a 21 mental or physical examination, or both, of the defendant to 22 determine a proper course of action. At the time of sentencing 23 or at a later date to be determined by the court, 24 8. If the full amount of restitution is known at the time of 25 sentencing, the court shall set enter a permanent restitution 26 order setting out the amount of restitution including the 27 amount of public service to be performed as restitution and 28 the persons to whom restitution must be paid. A permanent 29 restitution order entered at the time of sentencing is part of 30 the final judgment of sentence as defined in section 814.6 and 31 may be considered in a properly perfected appeal. 32 9. If the full amount of restitution cannot be determined 33 at the time of sentencing, the court shall issue a temporary 34 restitution order determining a reasonable amount for 35 -7- LSB 6195XS (8) 88 jm/rh 7/ 15

S.F. 2244 restitution identified up to that time. A temporary 1 restitution order is not part of the final judgment of sentence 2 as defined in section 814.6 and is not an appealable order, 3 except by writ of certiorari as provided by section 910.7. 4 At a later date as determined by the court, the court shall 5 issue a permanent , supplemental restitution order , setting the 6 full amount of restitution. The court shall enter further 7 supplemental orders, if necessary. These court orders shall be 8 known as the plan of restitution. 9 10. A permanent restitution order may be superseded by 10 subsequent orders if additional or different restitution is 11 ordered. 12 Sec. 13. Section 910.4, subsection 1, paragraph b, 13 subparagraphs (1) and (2), Code 2020, are amended to read as 14 follows: 15 (1) If the court extends the period of probation, the period 16 of probation shall not be for more than the maximum period of 17 probation for the offense committed except for an extension of 18 a period of probation as authorized in section 907.7 . After 19 discharge from probation or after the expiration of the period 20 of probation, as extended if applicable, the failure of an 21 offender to comply with the plan of restitution ordered by the 22 court shall constitute contempt of court. 23 (2) If an offender’s probation is revoked, the offender’s 24 assigned probation officer shall forward to the director of 25 the Iowa department of corrections , all known information 26 concerning the offender’s restitution plan, restitution plan of 27 payment, the restitution payment balance obligations, including 28 but not limited to the plan of restitution , and any other 29 pertinent information concerning or affecting restitution by 30 the offender. 31 Sec. 14. Section 910.4, subsections 2 and 3, Code 2020, are 32 amended to read as follows: 33 2. When the offender is committed to a county jail, or to 34 an alternate facility, the office or individual charged with 35 -8- LSB 6195XS (8) 88 jm/rh 8/ 15

S.F. 2244 supervision of the offender shall prepare a restitution plan 1 of payment taking into consideration the offender’s income, 2 physical and mental health, age, education, employment and 3 family circumstances and shall submit the plan to the court . 4 a. The office or individual charged with supervision of the 5 offender shall review the plan of restitution ordered by the 6 court, and shall submit a restitution plan of payment to the 7 sentencing court. 8 b. a. When community service is ordered by the court as 9 restitution, the restitution plan of payment shall set out a 10 plan to meet the requirement for the community service. 11 c. The court may approve or modify the plan of restitution 12 and restitution plan of payment. 13 d. b. When there is a significant change in the offender’s 14 income or circumstances, the office or individual which has 15 supervision of the restitution plan of payment shall submit a 16 modified restitution plan of payment to the court. 17 3. a. When there is a transfer of supervision from one 18 office or individual charged with supervision of the offender 19 to another, the sending office or individual shall forward to 20 the receiving office or individual all necessary information 21 regarding the balance owed against the original amount of 22 restitution ordered and the balance of public service required. 23 b. When If there has been a significant change in the 24 offender’s circumstances and or income have significantly 25 changed , the receiving office or individual shall submit a 26 new restitution plan of payment to the sentencing court for 27 approval or modification based on the considerations enumerated 28 in this section . 29 Sec. 15. Section 910.4, Code 2020, is amended by adding the 30 following new subsection: 31 NEW SUBSECTION . 4. Notwithstanding any other provision 32 in this chapter, the plan of payment shall be based on all 33 information pertinent to the offender’s reasonable ability to 34 pay. The first monthly payment under such a plan shall be made 35 -9- LSB 6195XS (8) 88 jm/rh 9/ 15

S.F. 2244 within thirty days of the approval of the plan. 1 Sec. 16. Section 910.6, Code 2020, is amended to read as 2 follows: 3 910.6 Payment plan —— copy to victims. 4 An office or individual preparing a restitution plan of 5 payment or modified restitution plan of payment , when it is 6 approved by the court if approval is required under section 7 910.4 , or when the plan is completed if court approval 8 under section 910.4 is not required, shall forward a copy to 9 the clerk of court in the county in which the offender was 10 sentenced. The clerk of court shall forward a copy of the 11 restitution plan of payment or modified plan of payment to the 12 victim or victims. 13 Sec. 17. Section 910.7, subsections 1 and 3, Code 2020, are 14 amended to read as follows: 15 1. At any time during the period of probation, parole, or 16 incarceration, the offender , the prosecuting attorney, or the 17 office or individual who prepared the offender’s restitution 18 plan may petition the court on any matter related to the plan 19 of restitution or restitution plan of payment and the court 20 shall grant a hearing if on the face of the petition it appears 21 that a hearing is warranted. 22 3. If a petition related to a plan of restitution has been 23 filed, the offender, the county prosecuting attorney, the 24 department of corrections if the offender is currently confined 25 in a correctional institution, the office or individual who 26 prepared the offender’s restitution plan, and the victim shall 27 receive notice prior to any hearing under this section . 28 Sec. 18. Section 910.7, Code 2020, is amended by adding the 29 following new subsections: 30 NEW SUBSECTION . 4. An appellate court shall not review 31 or modify an offender’s plan of restitution, restitution 32 plan of payment, or any other issue related to an offender’s 33 restitution under this subsection, unless the offender has 34 exhausted the offender’s remedies under this section and 35 -10- LSB 6195XS (8) 88 jm/rh 10/ 15

S.F. 2244 obtained a ruling from the district court prior to the issue 1 being raised in the appellate courts. 2 NEW SUBSECTION . 5. Appellate review of a district court 3 ruling under this section shall be by writ of certiorari. 4 Sec. 19. Section 910.9, subsection 3, Code 2020, is amended 5 to read as follows: 6 3. Fines, penalties, and surcharges, crime victim 7 compensation program reimbursement, public agency restitution, 8 court costs including correctional fees claimed by a sheriff 9 or municipality pursuant to section 356.7 , and court-appointed 10 attorney fees ordered pursuant to section 815.9 , including the 11 expenses for public defenders, Category “A” restitution and 12 category “B” restitution shall not be withheld by the clerk of 13 court until all pecuniary damages to victims have been paid in 14 full. Payments to victims shall be made by the clerk of court 15 at least quarterly. Payments by a clerk of court shall be made 16 no later than the last business day of the quarter, but may be 17 made more often at the discretion of the clerk of court. The 18 clerk of court receiving final payment from an offender shall 19 notify all victims that full restitution has been made. Each 20 office or individual charged with supervising an offender who 21 is required to perform community service as full or partial 22 restitution shall keep records to assure compliance with the 23 portions of the plan of restitution and restitution plan of 24 payment relating to community service and, when the offender 25 has complied fully with the community service requirement, 26 notify the sentencing court. 27 Sec. 20. FINANCIAL AFFIDAVIT —— SUPREME COURT RULES. The 28 supreme court shall adopt rules prescribing the form and 29 content of the financial affidavit. 30 EXPLANATION 31 The inclusion of this explanation does not constitute agreement with 32 the explanation’s substance by the members of the general assembly. 33 This bill relates to restitution ordered in a criminal 34 proceeding and court debt. 35 -11- LSB 6195XS (8) 88 jm/rh 11/ 15

S.F. 2244 The bill strikes jail fees assessed against a defendant in 1 Code section 356.7 from inclusion in restitution ordered by 2 the court. The bill allows a county or municipality to file a 3 claim for reimbursement of the jail fees in a separate civil 4 action rather than as a restitution claim in the underlying 5 criminal case. The bill waives the filing fees for such civil 6 actions. 7 The bill makes changes to the collection of court debt 8 under Code section 602.8107. The bill changes the definition 9 of court debt to mean all restitution, fees, and forfeited 10 bail. The bill excludes from the definition of “court debt” 11 correctional and jail fees assessed in Code section 356.7 12 (jail) and Code section 904.108(6) (correctional). If a 13 payment is made on a court debt and a case number is not 14 identified, the bill requires the clerk to apply the payment 15 to pecuniary damages in other criminal cases in priority order 16 from the oldest judgment to the most recent judgment, before 17 applying payments to other court debt. The bill substitutes 18 the phrase “victim restitution” with “pecuniary damages as 19 defined in section 910.1” in Code section 602.8107(4)(a) 20 (county attorney collection of court debt). 21 The bill modifies the definition of restitution and creates 22 category “A” restitution and category “B” restitution. The 23 bill defines “restitution” to mean pecuniary damages, category 24 “A” restitution, and category “B” restitution. 25 Category “A” restitution means fines, penalties, and 26 surcharges. Category “B” restitution includes most other 27 current restitution categories including the contribution 28 of funds to a local anticrime organization which provided 29 assistance to law enforcement in an offender’s case, the 30 payment of crime victim compensation program reimbursements, 31 payment of restitution to public agencies pursuant to Code 32 section 321J.2(13)(b), court costs, court-appointed attorney 33 fees, including the expense of a public defender, and payments 34 to medical assistance programs for expenditures paid on 35 -12- LSB 6195XS (8) 88 jm/rh 12/ 15

S.F. 2244 behalf of the victim resulting from the offender’s criminal 1 activities. The bill excludes from the current definition of 2 restitution fees assessed under Code section 356.7 (jail fees), 3 and the ability of the offender to perform a public service in 4 lieu of paying jail fees or court-appointed expenses when the 5 offender cannot reasonably pay such fees and expenses. 6 The bill defines “financial affidavit” in Code chapter 910 7 (restitution) to mean a sworn affidavit by the offender about 8 the current financial information of the offender in order to 9 assist the sentencing court and department of corrections to 10 make a better determination about the offender’s ability to pay 11 category “B” restitution. 12 The bill defines “restitution plan of payment” and “plan of 13 payment” as having the same meaning, and defines “permanent 14 restitution order”, “plan of restitution”, and “temporary 15 restitution order”. 16 The bill strikes and replaces Code section 910.2 relating 17 to restitution or community service ordered by a sentencing 18 court. The bill and current law require that any pecuniary 19 damages be paid by the offender to the victim. The bill 20 requires category “A” restitution be paid without regard 21 to an offender’s reasonable ability to make payments. The 22 bill requires category “B” restitution be paid subject to an 23 offender’s reasonable ability to make payments. The bill 24 provides that when an offender is not reasonably able to pay 25 category “B” restitution, the court may require the offender 26 to perform community service for a needed public service for 27 that portion of category “B” restitution the offender is not 28 able to reasonably pay. If community service is ordered in 29 lieu of payment of court-appointed attorney fees, the court, 30 when setting the specific number of hours to be performed by 31 the offender to pay for such fees, shall determine the value 32 of hours of community service by approximating the equivalent 33 value of public defender expenses. 34 The bill creates new Code section 910.2A relating to an 35 -13- LSB 6195XS (8) 88 jm/rh 13/ 15

S.F. 2244 offender’s reasonable ability to make category “B” restitution 1 payments. The bill creates a presumption that an offender 2 has a reasonable ability to make category “B” restitution 3 payments. The bill establishes a judicial process to determine 4 if an offender has a reasonable ability to pay the full amount 5 of such restitution. If an offender requests that the court 6 determine the amount of category “B” restitution payments the 7 offender is reasonably able to make, the court shall hold 8 a hearing and make such a determination. At the hearing, 9 the burden is on the offender to prove by a preponderance of 10 the evidence that the offender is unable to reasonably make 11 payments toward the full amount of category “B” restitution. 12 The offender is required to file a financial affidavit at the 13 hearing. If the offender fails to request a hearing, the court 14 shall order the offender to pay the full amount of category “B” 15 restitution, and the offender is barred from later requesting a 16 determination, except as provided in Code section 910.7. The 17 bill specifies that a court that makes a determination at the 18 hearing is presumed to have properly exercised discretion, and 19 the court is not required to state the court’s reasons for 20 making the determination. 21 The bill makes changes to Code section 910.3 relating to 22 the court’s determination of the amount of restitution. The 23 bill permits a statement of a victim’s pecuniary damages 24 to be filed within a reasonable time after the prosecuting 25 attorney is notified by the victim of any pecuniary damages 26 incurred. Under current law, the pecuniary damages statement 27 by the victim is required to be filed within 30 days of the 28 sentencing. The bill specifies that a temporary restitution 29 order is not part of the final judgment of sentence as defined 30 in Code section 814.6 and is not appealable, except by writ of 31 certiorari as provided by Code section 910.7. 32 If an offender’s probation is revoked, the amendment 33 to Code section 910.4 requires the offender’s probation 34 officer to forward to the department of corrections all known 35 -14- LSB 6195XS (8) 88 jm/rh 14/ 15

S.F. 2244 information concerning the offender’s plan of restitution. 1 If an offender’s financial circumstances change, the bill 2 requires the supervising agency of the offender to submit a 3 new restitution plan of payment to the sentencing court. The 4 bill permits the prosecuting attorney to petition the court 5 on any matter related to an offender’s restitution as long as 6 the offender is on probation, parole, or incarcerated. The 7 bill provides that a plan of payment shall be based on all 8 information pertinent to the offender’s reasonable ability to 9 pay, and the first monthly payment under such a plan shall be 10 made within 30 days of the approval of the plan. 11 The bill specifies in Code section 910.7 that the appellate 12 court shall not review or modify an offender’s plan of 13 restitution or restitution plan of payment or review any other 14 issue related to an offender’s restitution unless the offender 15 has exhausted the offender’s remedies under Code section 910.7. 16 The amendment to Code section 910.9(3) specifies that 17 category “A” restitution and category “B” restitution shall not 18 be paid by the clerk of the district court until all pecuniary 19 damages to victims have been paid in full. 20 The bill directs the supreme court to adopt rules 21 prescribing the form and content of the financial affidavit. 22 -15- LSB 6195XS (8) 88 jm/rh 15/ 15