H.F. 678 Section 1. Section 907.1, Code 2021, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 2A. “Discharge credit” means a fourteen-day 3 reduction from a defendant’s term of probation for each full 4 calendar month the defendant is in compliance with the terms 5 of the defendant’s probation. 6 NEW SUBSECTION . 2B. “Educational credit” means a ninety-day 7 reduction from a defendant’s term of probation when a defendant 8 earns a high school diploma or high school equivalency 9 certificate or completes a certified vocational, technical, or 10 career education or training program. 11 NEW SUBSECTION . 4A. “Technical violation” means a violation 12 by the defendant of the terms and conditions of probation other 13 than a conviction of the defendant for a new crime. 14 Sec. 2. Section 907.9, subsections 1 and 2, Code 2021, are 15 amended to read as follows: 16 1. At any time that the court determines that the purposes 17 of probation have been fulfilled and fees imposed under section 18 905.14 and court debt collected pursuant to section 602.8107 19 have been paid or are subject to a payment plan , the court may 20 order the discharge of a person from probation. 21 2. a. At any time that a probation officer determines 22 that the purposes of probation have been fulfilled and fees 23 imposed under section 905.14 and court debt collected pursuant 24 to section 602.8107 have been paid or are subject to a 25 payment plan , the officer may order the discharge of a person 26 from probation after approval of the district director and 27 notification of the sentencing court and the county attorney 28 who prosecuted the case. 29 b. Notwithstanding any earned discharge credit under 30 subsection 6 or any earned educational credit under subsection 31 7, a defendant’s probation officer shall submit a report to the 32 court no later than halfway through the defendant’s period of 33 probation describing the defendant’s progress under supervision 34 and making one of the following recommendations: 35 -1- LSB 1853HV (3) 89 as/rh 1/ 11

H.F. 678 (1) Terminate the defendant’s probation early. 1 (2) Continue the defendant’s probation with reduced terms 2 and conditions. 3 (3) Continue the defendant’s probation as previously 4 ordered. 5 c. If the defendant’s probation officer’s recommendation 6 is to continue supervision as ordered under paragraph “b” , 7 subparagraph (3), or to continue the defendant’s probation with 8 reduced terms or conditions under paragraph “b” , subparagraph 9 (2), the probation officer shall describe why continued 10 supervision or continued probation with reduced terms and 11 conditions is necessary and beneficial. If the recommendation 12 is against early termination of the defendant’s probation, the 13 defendant may request a hearing on the matter. The requested 14 hearing shall be held no later than thirty days from the date 15 of the defendant’s request. At the hearing, the court shall 16 review the probation officer’s report; the defendant’s progress 17 and conduct on probation, including whether the defendant has 18 attended court-ordered mandatory counseling or treatment and 19 whether the defendant is subject to a payment plan and has 20 been found able to afford payments but is purposely avoiding 21 making payments; the underlying offense and its relationship 22 to the conditions of probation imposed on the defendant; 23 the defendant’s criminal record; and any mitigating factors 24 to determine whether to reduce the defendant’s probation, 25 discharge the defendant from probation, or reduce the terms and 26 conditions of the defendant’s probation. 27 d. Nothing in this subsection precludes the ability of a 28 probation officer or the court to terminate the defendant’s 29 probation early at any time. 30 Sec. 3. Section 907.9, subsection 4, paragraphs a and b, 31 Code 2021, are amended to read as follows: 32 a. At the expiration of the period of probation , if the 33 fees imposed under section 905.14 and court debt collected 34 pursuant to section 602.8107 have been paid and court debt 35 -2- LSB 1853HV (3) 89 as/rh 2/ 11

H.F. 678 have been paid or are subject to a payment plan , the court 1 shall order the discharge of the person from probation. If 2 portions of the court debt remain unpaid, the person shall 3 establish a payment plan with the clerk of the district court 4 or the county attorney prior to the discharge. The payment 5 plan shall be based on the defendant’s ability to pay. The 6 court shall forward to the governor a recommendation for or 7 against restoration of citizenship rights to that person upon 8 discharge. If the court’s recommendation to the governor 9 is against the restoration of the defendant’s citizenship 10 rights, the court shall provide a written explanation of 11 its recommendation to the defendant and give notice to the 12 defendant of the defendant’s right to appear at a hearing. A 13 person who has been discharged from probation shall no longer 14 be held to answer for the person’s offense. 15 b. Upon discharge from probation, if judgment has been 16 deferred under section 907.3 , the court’s criminal record with 17 reference to the deferred judgment, any counts dismissed by the 18 court, which were contained in the indictment, information, 19 or complaint that resulted in the deferred judgment, and 20 any other related charges that were not contained in the 21 indictment, information, or complaint but were dismissed, shall 22 be expunged. However, the court’s record shall not be expunged 23 until the person has paid , or is subject to a payment plan, 24 for the restitution, civil penalties, court costs, fees, or 25 other financial obligations ordered by the court or assessed 26 by the clerk of the district court in the case that includes 27 the deferred judgment. The expunged record is a confidential 28 record exempt from public access under section 22.7 but shall 29 be made available by the clerk of the district court, upon 30 request and without court order, to an agency or person granted 31 access to the deferred judgment docket under section 907.4, 32 subsection 2 . The court’s record shall not be expunged in any 33 other circumstances unless authorized by law. 34 Sec. 4. Section 907.9, Code 2021, is amended by adding the 35 -3- LSB 1853HV (3) 89 as/rh 3/ 11

H.F. 678 following new subsections: 1 NEW SUBSECTION . 6. a. A defendant on probation shall 2 be eligible to earn a discharge credit from the defendant’s 3 term of probation for each full calendar month in which the 4 defendant is in compliance with the terms of the defendant’s 5 probation. 6 b. A defendant shall not earn a discharge credit for a 7 calendar month in which a violation has occurred, the defendant 8 has absconded from probation, or the defendant is incarcerated. 9 c. A defendant shall not earn a discharge credit for a 10 partial calendar month or the last full calendar month of 11 probation. 12 d. A discharge credit shall be applied to the termination 13 date of the defendant’s probation within thirty days of the end 14 of the calendar month in which the discharge credit was earned. 15 NEW SUBSECTION . 7. A defendant on probation shall be 16 eligible to earn an educational credit from the defendant’s 17 term of probation for each full calendar month in which the 18 defendant is in compliance with the terms of the defendant’s 19 probation. 20 NEW SUBSECTION . 8. A defendant’s probation officer shall 21 notify the court when a defendant earns a discharge credit 22 or educational credit pursuant to subsection 6 or 7. Upon 23 receipt of a notice from the defendant’s probation officer, 24 the court shall conduct a review of the defendant’s probation 25 to determine if the defendant is eligible for a reduction or 26 termination of probation, taking into account any discharge 27 credit and educational credit the defendant has earned. A 28 defendant may earn both a discharge credit and an educational 29 credit to be applied toward the completion of the defendant’s 30 probation in accordance with this subsection. 31 Sec. 5. NEW SECTION . 907.12 Probation revocation —— 32 resentencing. 33 1. a. The court shall not impose a sentence of imprisonment 34 upon revoking probation unless the court finds any of the 35 -4- LSB 1853HV (3) 89 as/rh 4/ 11

H.F. 678 following: 1 (1) The defendant has been convicted of a new felony or 2 misdemeanor. 3 (2) The defendant’s conduct creates an identifiable, 4 significant, and imminent danger to the community and no 5 other condition of supervision or treatment would decrease 6 this likelihood based upon the testimony of the defendant’s 7 probation officer. 8 b. If the court finds any of the factors in paragraph “a” , 9 the court shall follow the following sentencing guidelines: 10 (1) The court shall not sentence the defendant to 11 imprisonment on a first or second technical violation. 12 (2) The court may impose a sentence of up to seven days of 13 imprisonment upon a third technical violation. 14 (3) The court may impose a sentence of up to fifteen days of 15 imprisonment upon a fourth technical violation. 16 (4) The court may impose a sentence of up to thirty days of 17 imprisonment for a technical violation of certain conditions of 18 probation specified at the beginning of the defendant’s period 19 of probation. 20 2. There shall be no revocation of probation, imprisonment, 21 or increase in the terms and conditions of probation under this 22 section except upon the conclusion of a technical violation 23 revocation hearing in accordance with this subsection. 24 a. Upon an allegation of a technical violation of a 25 defendant by the defendant’s probation officer, a written 26 request for a technical violation revocation hearing shall be 27 filed with the court. 28 b. The court shall schedule a technical violation revocation 29 hearing within a reasonable time after receiving a written 30 request for a hearing. 31 c. The technical violation revocation hearing shall be held 32 before the defendant’s sentencing judge, if available. 33 d. The court shall hold a technical violation revocation 34 hearing to determine whether the facts warrant revocation of 35 -5- LSB 1853HV (3) 89 as/rh 5/ 11

H.F. 678 a defendant’s probation and whether probation is still an 1 effective vehicle to accomplish rehabilitation of the defendant 2 and a sufficient deterrent against future criminal conduct. 3 e. The defendant shall have the right to confront and 4 cross-examine witnesses. 5 3. a. Following a technical violation revocation hearing, 6 and prior to resentencing, the court shall give the defendant 7 the opportunity to be heard and the defendant shall be entitled 8 to representation by an attorney. If the defendant is indigent 9 or incapable of requesting an attorney, the court shall appoint 10 an attorney to represent the defendant. 11 b. The court shall state on the record the reasons for the 12 sentence imposed. 13 c. The court shall advise the defendant on the record of 14 the right to file a motion to modify the sentence, the right to 15 file a petition for postconviction relief, and of the right to 16 the assistance of an attorney in the preparation of the motion 17 and the petition. The court shall also advise the defendant of 18 the time within which the defendant must exercise the rights 19 in this paragraph. 20 d. The court shall require that a record of the resentencing 21 proceeding be made and preserved to allow the record to be 22 transcribed including the record of any stipulation made 23 between the parties at any presentence hearing. 24 4. A motion to modify a sentence imposed after a technical 25 violation revocation hearing shall be filed within ten days 26 of the sentencing order. The filing of a motion to modify a 27 sentence shall not toll the thirty-day appeal period. 28 5. The court may revoke an order of probation upon proof 29 of a violation of any of the following specified conditions of 30 probation: 31 a. If a defendant has been convicted of a new felony, the 32 sentencing alternatives available to the court shall be the 33 same as were available at the time of a defendant’s initial 34 sentencing, and consideration shall be given to the defendant’s 35 -6- LSB 1853HV (3) 89 as/rh 6/ 11

H.F. 678 time spent serving the order of probation. 1 b. If a defendant has been convicted of a new misdemeanor, 2 the sentencing alternatives available to the court shall be the 3 same as were available at the time of the defendant’s initial 4 sentencing; however, the defendant’s sentence may include a 5 term of imprisonment of up to ninety days. 6 Sec. 6. NEW SECTION . 907.15 Payment of fines and fees. 7 1. The court shall direct that a defendant pay fines and 8 fees in conjunction with a term of probation, and shall create 9 a payment plan based upon the defendant’s ability to pay. 10 2. The court, upon the receipt of a petition from a 11 probation officer for termination of a defendant’s probation, 12 shall not consider the defendant’s lack of payment of fines and 13 fees as a disqualifying factor for early termination of the 14 defendant’s probation unless the defendant has been found to 15 be able to afford payments but has purposely avoided making 16 payments. 17 3. A defendant who is compliant with the conditions of 18 probation shall not be precluded from obtaining a driver’s 19 license due to lack of payment of fines and fees, unless a 20 defendant has been found to be able to afford payments but has 21 purposely avoided making payments. 22 4. A determination of a defendant’s ability to pay shall 23 include the factors set forth in the court’s financial 24 affidavit under sections 815.9 and 908.2A. A defendant may 25 petition the court for review of the defendant’s financial 26 status pursuant to section 910.7. 27 EXPLANATION 28 The inclusion of this explanation does not constitute agreement with 29 the explanation’s substance by the members of the general assembly. 30 This bill relates to probation. 31 Iowa law provides that upon a plea of guilty, a verdict 32 of guilty, or a special verdict upon which a judgment of 33 conviction may be rendered, the trial court may defer judgment 34 and may place the defendant on probation upon conditions as 35 -7- LSB 1853HV (3) 89 as/rh 7/ 11

H.F. 678 it may require, defer the sentence and assign the defendant 1 to a judicial district department of correctional service, 2 or suspend the sentence and place the defendant on probation 3 upon such terms and conditions as it may require including 4 commitment to an alternate jail facility or a community 5 correctional residential treatment facility to be followed by 6 a period of probation. 7 DISCHARGE FROM PROBATION. Current law requires fees and 8 court debt to be paid before a defendant can be discharged from 9 probation. 10 The bill provides that at any time that a probation officer 11 determines that the purposes of probation have been fulfilled 12 and fees imposed and court debt collected have been paid or 13 are subject to a payment plan, the officer may order the 14 discharge of a person from probation after approval of the 15 district director and notification of the sentencing court and 16 the county attorney who prosecuted the case. A defendant’s 17 probation officer shall submit a report to the court no later 18 than halfway through the defendant’s period of probation 19 describing the defendant’s progress under supervision and 20 making a recommendation to either terminate the defendant’s 21 probation early, continue the defendant’s probation with 22 reduced terms and conditions, or continue the defendant’s 23 probation as previously ordered. If the defendant’s probation 24 officer’s recommendation is to continue supervision as ordered 25 or to continue the defendant’s probation with reduced terms or 26 conditions, the probation officer shall describe why continued 27 supervision or continued probation with reduced terms and 28 conditions is necessary and beneficial. If the recommendation 29 is against early termination of the defendant’s probation, the 30 defendant may request a hearing on the matter. The requested 31 hearing shall be held no later than 30 days from the date of the 32 defendant’s request. At the hearing, the court shall review 33 the probation officer’s report; the defendant’s progress and 34 conduct on probation, including whether the defendant has 35 -8- LSB 1853HV (3) 89 as/rh 8/ 11

H.F. 678 attended court-ordered mandatory counseling or treatment and 1 whether the defendant is subject to a payment plan and has 2 been found able to afford payments but is purposely avoiding 3 making payments; the underlying offense and its relationship 4 to the conditions of probation imposed on the defendant; 5 the defendant’s criminal record; and any mitigating factors 6 to determine whether to reduce the defendant’s probation, 7 discharge the defendant from probation, or reduce the terms and 8 conditions of the defendant’s probation. The bill provides 9 that nothing precludes the ability of a probation officer or 10 the court to terminate the defendant’s probation early at any 11 time. 12 RESTORATION OF RIGHTS. Under current law, the court shall 13 forward a recommendation to the governor either for or against 14 the restoration of a defendant’s citizenship rights. Under the 15 bill, if the court’s recommendation is against the restoration 16 of a defendant’s citizenship rights, the court must provide a 17 written explanation of its recommendation to the defendant and 18 give notice to the defendant of the defendant’s right to appear 19 at a hearing. 20 DISCHARGE AND EDUCATION CREDITS. The bill provides that a 21 defendant shall earn a discharge credit of 14 days’ reduction 22 from the defendant’s term of probation for each full calendar 23 month in which the defendant has not violated any terms of 24 probation. A defendant on probation shall earn an educational 25 credit and have the defendant’s probation sentence reduced by 26 90 days if, during the period of probation, the defendant earns 27 a high school diploma or high school equivalency certificate 28 or successfully completes a certified vocational program, 29 certified technical program, certified career education 30 program, or training program. 31 The bill defines “discharge credit” as a 14-day reduction 32 from a defendant’s term of probation for each full calendar 33 month the defendant is in compliance with the defendant’s term 34 of probation and “educational credit” as a 90-day reduction 35 -9- LSB 1853HV (3) 89 as/rh 9/ 11

H.F. 678 from a defendant’s term of probation when a defendant earns 1 a high school diploma or high school equivalency certificate 2 or completes a certified vocational, technical, or career 3 education or training program. 4 PAYMENT OF FINES AND FEES. The bill provides that the 5 court shall direct a defendant to pay fines and fees in 6 conjunction with a term of probation, and the court shall 7 create a payment plan based upon the defendant’s ability to 8 pay. Upon the receipt of a petition from a probation officer 9 for termination of a defendant’s probation, the court shall not 10 consider the defendant’s lack of payment of fines and fees as a 11 disqualifying factor for early termination of the defendant’s 12 probation unless the defendant has been found to be able to 13 afford payments but has purposefully avoided making those 14 payments. The bill provides that a defendant who is compliant 15 with the conditions of probation is not precluded from 16 obtaining an Iowa state driver’s license due to lack of payment 17 of fines and fees, unless the defendant is found to be able to 18 afford payments and is purposefully avoiding making payments. 19 EXPUNGEMENT. Under current law, upon a defendant’s 20 discharge from probation, if the defendant’s judgment has been 21 deferred, the court’s criminal record of the deferred judgment 22 and other related information shall be expunged but expungement 23 is only allowed if the defendant has paid for all restitution, 24 civil penalties, court costs, fees, or other obligations. The 25 bill allows for expungement under these circumstances if the 26 defendant has a payment plan in place for any such financial 27 obligations. 28 PROBATION VIOLATIONS —— REVOCATION AND RESENTENCING. Under 29 the bill, upon a violation of probation, the court shall not 30 impose a sentence of imprisonment unless the defendant has 31 been convicted of a new crime or, based on the testimony 32 of the defendant’s probation officer, the conduct of the 33 defendant indicates that it is likely that the defendant will 34 commit another crime and no other condition of supervision or 35 -10- LSB 1853HV (3) 89 as/rh 10/ 11

H.F. 678 treatment would decrease this likelihood. If the defendant 1 meets either of those factors, the court shall not sentence the 2 defendant to prison on a first or second technical violation, 3 the court may sentence the defendant to up to seven days 4 in prison upon a third technical violation, the court may 5 sentence the defendant to up to 15 days in prison upon a fourth 6 technical violation, and the court may sentence the defendant 7 to up to 30 days in prison for technical violations of specific 8 conditions. 9 The bill requires a technical revocation hearing and sets 10 out provisions for the hearing, including the defendant’s right 11 to be heard. The court may revoke probation if the defendant 12 has been convicted of a new crime. The bill defines “technical 13 violation” as any violation by the defendant of the terms 14 and conditions of probation other than a conviction of the 15 defendant for a new crime. 16 -11- LSB 1853HV (3) 89 as/rh 11/ 11