H.F. _____ Section 1. Section 907.1, Code 2022, is amended by adding 1 the following new subsections: 2 NEW SUBSECTION . 01. “Adult criminal problem-solving court” 3 means a court program under direct supervision of a judge 4 established to treat drug or alcohol addiction or mental 5 illness of adults charged with criminal offenses. 6 NEW SUBSECTION . 2A. “Discharge credit” means a fourteen- 7 day reduction from a defendant’s term of probation for each 8 full calendar month the defendant is in compliance with the 9 terms of the defendant’s probation. 10 NEW SUBSECTION . 2B. “Educational credit” means a ninety- 11 day reduction from a defendant’s term of probation when 12 a defendant earns a high school diploma or high school 13 equivalency certificate or completes a certified vocational, 14 technical, or career education or training program. 15 NEW SUBSECTION . 6. “Special probation program” means a 16 program under the supervision of a district court or a judicial 17 district department of correctional services established to 18 treat drug or alcohol addiction, mental illness, or domestic 19 or sexual abuse of the parties involved in a criminal case, 20 or to improve outcomes for persons involved in the program 21 including an intermediate criminal sanctions program under 22 section 901B.1. 23 NEW SUBSECTION . 7. “Technical violation” means a violation 24 by the defendant of the terms and conditions of probation other 25 than a conviction of the defendant for a new crime. 26 Sec. 2. Section 907.7, subsection 2, Code 2022, is amended 27 by striking the subsection. 28 Sec. 3. Section 907.9, subsections 1 and 2, Code 2022, are 29 amended to read as follows: 30 1. At any time that the court determines that the purposes 31 of probation have been fulfilled and fees imposed under section 32 905.14 and court debt collected pursuant to section 602.8107 33 have been paid or are subject to a payment plan , the court may 34 order the discharge of a person defendant from probation. 35 -1- LSB 5497YC (5) 89 as/rh 1/ 13

H.F. _____ 2. a. At any time that a probation officer determines 1 that the purposes of probation have been fulfilled and fees 2 imposed under section 905.14 and court debt collected pursuant 3 to section 602.8107 have been paid or are subject to a payment 4 plan , the officer may order the discharge of a person defendant 5 from probation after approval of the district director and 6 notification of the sentencing court and the county attorney 7 who prosecuted the case. 8 b. Notwithstanding any earned discharge credit accrued under 9 subsection 6 or any educational credit accrued under subsection 10 7, a defendant’s probation officer shall complete a probation 11 status report no later than halfway through the defendant’s 12 probation term and provide a copy of the probation status 13 report to the defendant containing one of the following: 14 (1) An order that the defendant be discharged from probation 15 early under paragraph “a” after approval of the district 16 director and notification of the sentencing court and the 17 county attorney who prosecuted the case. 18 (2) A recommendation that the defendant’s probation be 19 continued with reduced terms and conditions along with a 20 description of the defendant’s progress on probation and the 21 conditions that must still be completed before the defendant 22 may be discharged from probation. 23 (3) A recommendation that the defendant’s probation be 24 continued as previously ordered along with a description of the 25 defendant’s progress on probation and the conditions that must 26 still be completed before the defendant may be discharged from 27 probation. 28 c. (1) If the defendant’s probation status report 29 recommends the defendant continue probation with reduced terms 30 and conditions under paragraph “b” , subparagraph (2), or that 31 the defendant’s probation continue as previously ordered under 32 paragraph “b” , subparagraph (3), the probation officer shall 33 include a description of why continued probation is necessary 34 and beneficial and shall also include any discharge credits and 35 -2- LSB 5497YC (5) 89 as/rh 2/ 13

H.F. _____ educational credits the defendant has accrued. 1 (2) If the probation status report does not recommend 2 early termination of the defendant’s probation, the defendant 3 may request further administrative review on the issue 4 of early termination of the defendant’s probation by the 5 probation officer’s supervisor. The requested review shall 6 be held no later than fourteen days from the date of the 7 defendant’s request. During the review, the probation 8 officer’s supervisor shall review the probation status report; 9 the defendant’s progress and conduct on probation including 10 whether the defendant has attended court-ordered mandatory 11 counseling or treatment and whether the defendant is subject 12 to a payment plan and has been found to afford payments 13 but is purposely avoiding making payments; the underlying 14 offense and its relationship to the conditions of probation 15 imposed on the defendant; the defendant’s criminal record; 16 and any mitigating factors to determine whether to reduce the 17 terms and conditions of the defendant’s probation, continue 18 the defendant’s probation, or discharge the defendant from 19 probation. Following this review, the supervisor shall issue 20 an addendum to the original probation status report and provide 21 a copy of the addendum and original probation status report 22 to the defendant, including either a new recommendation or 23 order regarding the matter of early termination as outlined 24 under paragraph “b” or noting a continuation of the original 25 recommendation. The addendum shall include the supervisor’s 26 rationale for the change in recommendation or continuation of 27 the original recommendation. 28 d. Nothing in this subsection shall preclude a probation 29 officer or the court from terminating the defendant’s probation 30 early at any time under subsection 1 or this subsection or 31 under any other applicable provision. 32 e. Paragraphs “b” and “c” shall not apply to proceedings 33 in adult criminal problem-solving courts and special probation 34 programs. 35 -3- LSB 5497YC (5) 89 as/rh 3/ 13

H.F. _____ Sec. 4. Section 907.9, subsection 4, paragraphs a and b, 1 Code 2022, are amended to read as follows: 2 a. At the expiration of the period of probation , if the fees 3 imposed under section 905.14 and court debt collected pursuant 4 to section 602.8107 have been paid or are subject to a payment 5 plan , the court shall order the discharge of the person from 6 probation. If portions of the court debt remain unpaid, the 7 person shall establish a payment plan with the clerk of the 8 district court or the county attorney prior to the discharge. 9 The payment plan shall be based upon the defendant’s ability to 10 pay. The court shall forward to the governor a recommendation 11 for or against restoration of citizenship rights to that 12 person upon discharge. If the court’s recommendation to the 13 governor is not in favor of the restoration of the defendant’s 14 citizenship rights, the court shall provide a written 15 explanation of its recommendation to the defendant and give 16 notice to the defendant of the defendant’s right to appear at a 17 hearing. A person who has been discharged from probation shall 18 no longer be held to answer for the person’s offense. 19 b. Upon discharge from probation, if judgment has been 20 deferred under section 907.3 , the court’s criminal record with 21 reference to the deferred judgment, any counts dismissed by the 22 court, which were contained in the indictment, information, 23 or complaint that resulted in the deferred judgment, and 24 any other related charges that were not contained in the 25 indictment, information, or complaint but were dismissed, shall 26 be expunged. However, the court’s record shall not be expunged 27 until the person has paid , or is subject to a payment plan, 28 for the restitution, civil penalties, court costs, fees, or 29 other financial obligations ordered by the court or assessed 30 by the clerk of the district court in the case that includes 31 the deferred judgment. The expunged record is a confidential 32 record exempt from public access under section 22.7 but shall 33 be made available by the clerk of the district court, upon 34 request and without court order, to an agency or person granted 35 -4- LSB 5497YC (5) 89 as/rh 4/ 13

H.F. _____ access to the deferred judgment docket under section 907.4, 1 subsection 2 . The court’s record shall not be expunged in any 2 other circumstances unless authorized by law. 3 Sec. 5. Section 907.9, Code 2022, is amended by adding the 4 following new subsections: 5 NEW SUBSECTION . 6. a. A defendant on probation shall 6 be eligible to earn a discharge credit from the defendant’s 7 term of probation for each full calendar month in which the 8 defendant is in compliance with the terms of the defendant’s 9 probation. 10 b. A defendant shall not earn a discharge credit for a 11 calendar month in which a violation has occurred, the defendant 12 has absconded from probation, or the defendant is incarcerated. 13 c. A defendant shall not earn a discharge credit for a 14 partial calendar month or the last full calendar month of 15 probation. 16 d. A discharge credit shall be applied to the termination 17 date of the defendant’s probation within thirty days of the end 18 of the calendar month in which the discharge credit was earned. 19 NEW SUBSECTION . 7. A defendant on probation shall be 20 eligible to earn an educational credit from the defendant’s 21 term of probation for each full calendar month in which the 22 defendant is in compliance with the terms of the defendant’s 23 probation. 24 NEW SUBSECTION . 8. At least once a year, and in the 25 probation status report provided halfway through the 26 defendant’s period of probation pursuant to subsection 2, 27 paragraph “b” , the defendant’s probation officer shall provide 28 the defendant with an accounting of the defendant’s discharge 29 credits and educational credits that have accrued pursuant to 30 subsections 6 and 7. A defendant may earn both a discharge 31 credit and an educational credit to be applied toward the 32 completion of the defendant’s probation in accordance with 33 this subsection. A defendant may seek administrative review 34 and recalculation of the defendant’s discharge credits and 35 -5- LSB 5497YC (5) 89 as/rh 5/ 13

H.F. _____ educational credits contained in the defendant’s probation 1 status report. The department of corrections shall adopt 2 rules to implement the review and recalculation of discharge 3 and educational credits awarded under this section. A 4 defendant may seek judicial review of the credit calculations 5 at a hearing to modify the credit calculations or for early 6 termination of probation. 7 NEW SUBSECTION . 9. Subsections 6, 7, and 8 shall not apply 8 to proceedings in adult criminal problem-solving courts and 9 special probation programs. 10 NEW SUBSECTION . 10. The department of corrections shall 11 collect information and report annually in a public report made 12 available no later than December 1 of each year the number of 13 persons on probation who have earned educational and discharge 14 credits pursuant to this section during that year, the average 15 amount of credits earned per individual during that year, the 16 total number of supervision days reduced due to the awarding 17 of credits pursuant to this section during that year, and the 18 number of defendants terminated from probation early that year 19 pursuant to this section. 20 Sec. 6. NEW SECTION . 907.15 Payment of fines and fees. 21 1. The court shall direct that a defendant pay any monetary 22 obligations imposed in conjunction with a term of probation, 23 and shall create a payment plan based upon the defendant’s 24 ability to pay which shall include a plan of payment for 25 restitution owed pursuant to section 910.2 and section 910.4, 26 subsection 4. 27 2. The court, upon the receipt of a petition from a 28 probation officer for termination of a defendant’s probation, 29 shall not consider the defendant’s lack of payment of fines and 30 fees as a disqualifying factor for early termination of the 31 defendant’s probation unless the defendant has been found to 32 be able to afford payments but has purposely avoided making 33 payments. 34 3. A defendant who is compliant with the conditions of 35 -6- LSB 5497YC (5) 89 as/rh 6/ 13

H.F. _____ probation shall not be precluded from obtaining a driver’s 1 license due to lack of payment of fines and fees, unless a 2 defendant has been found to be able to afford payments but has 3 purposely avoided making payments. 4 4. A determination of a defendant’s ability to pay shall 5 include the factors set forth in the court’s financial 6 affidavit under sections 815.9 and 908.2A. A defendant may 7 petition the court for review of the defendant’s financial 8 status pursuant to section 910.7. 9 Sec. 7. Section 908.11, Code 2022, is amended to read as 10 follows: 11 908.11 Violation of probation. 12 1. A probation officer or the judicial district department 13 of correctional services having probable cause to believe that 14 any person defendant released on probation has violated the 15 conditions of probation shall proceed by arrest or summons 16 as in the case of a parole violation utilize a violation 17 response matrix to determine the severity of the violation, 18 any protective factors that mitigate the risk, and the 19 correlating appropriate sanction. This section shall not apply 20 to proceedings in adult criminal problem-solving courts and 21 special probation programs . 22 2. There shall be a presumption against incarceration for 23 technical violations of supervision. 24 3. A sentence of incarceration upon revocation shall not be 25 imposed unless the court finds either of the following: 26 a. The defendant has committed a new felony or misdemeanor. 27 b. The violation response matrix authorizes incarceration 28 under such circumstances. 29 4. The probation officer may proceed internally, without 30 court intervention, by arrest or by summons depending on the 31 severity of the alleged violation and the level of risk. 32 5. For any alleged violation for which the probation officer 33 seeks to increase the defendant’s conditions of supervision 34 or extend the length of the defendant’s supervision, the 35 -7- LSB 5497YC (5) 89 as/rh 7/ 13

H.F. _____ defendant has the right to request a supervision hearing. 1 For any alleged violation for which the probation officer 2 seeks to revoke supervision or incarcerate the defendant, a 3 hearing under this section is required and no such sanction may 4 commence until and unless the violation is established. 5 2. 6. The If the sanctions require court intervention, the 6 functions of the liaison officer and the board of parole shall 7 be performed by the judge or magistrate who placed the alleged 8 violator on probation if that judge or magistrate is available, 9 otherwise by another judge or magistrate who would have had 10 jurisdiction to try the original offense. 11 3. 7. If the probation officer proceeds by arrest, any 12 magistrate may receive the complaint, issue an arrest warrant, 13 or conduct the initial appearance and probable cause hearing 14 if it is not convenient for the judge who placed the alleged 15 violator on probation to do so. The initial appearance, 16 probable cause hearing, and probation revocation hearing, or 17 any of them, may at the discretion of the court be merged into 18 a single hearing when it appears that the alleged violator will 19 not be prejudiced by the merger. 20 4. 8. If the violation is established, the court may 21 continue the probation or youthful offender status with or 22 without an alteration of the conditions of probation or a 23 youthful offender status in accordance with the violation 24 response matrix . If Pursuant to the violation response matrix, 25 if the defendant is an adult or a youthful offender , the court 26 may hold the defendant in contempt of court and sentence the 27 defendant to a jail term while continuing the probation or 28 youthful offender status, order the defendant to be placed in 29 a violator facility established pursuant to section 904.207 30 while continuing the probation or youthful offender status, 31 extend the period of probation for up to one year as authorized 32 in section 907.7 while continuing the probation or youthful 33 offender status, or revoke the probation or youthful offender 34 status and require the defendant to serve the sentence imposed 35 -8- LSB 5497YC (5) 89 as/rh 8/ 13

H.F. _____ or any lesser sentence, and, if imposition of sentence was 1 deferred, may impose any sentence which might originally have 2 been imposed. 3 5. 9. Notwithstanding any other provision of law to the 4 contrary, if the court revokes the probation of a defendant 5 who received a deferred judgment and imposes a fine, the court 6 shall reduce the amount of the fine by an amount equal to the 7 amount of the civil penalty previously assessed against the 8 defendant pursuant to section 907.14 . However, the court shall 9 assess any required surcharge, court cost, or fee upon the 10 total amount of the fine prior to reduction pursuant to this 11 subsection . 12 10. For purposes of this section, “violation response 13 matrix” means an assessment tool developed by a judicial 14 district department of correctional services to assess the 15 severity of a violation and to inform a violation response 16 decision. 17 EXPLANATION 18 The inclusion of this explanation does not constitute agreement with 19 the explanation’s substance by the members of the general assembly. 20 This bill relates to the length of probation, discharge from 21 probation, payment of fines and fees, and probation violations. 22 LENGTH OF PROBATION. The bill strikes the provision that 23 requires the length of probation shall not be less than one 24 year if the offense is a misdemeanor and shall not be less than 25 two years if the offense is a felony. 26 DISCHARGE OF PROBATION —— PROCEDURE. The bill provides 27 that at any time the court, or a probation officer, determines 28 that the purposes of probation have been fulfilled and fees 29 imposed and court debt collected have been paid or are subject 30 to a payment plan, the court or probation officer may order 31 the discharge of a person from probation after approval of the 32 district director of correctional services and notification of 33 the sentencing court and the county attorney who prosecuted the 34 case. 35 -9- LSB 5497YC (5) 89 as/rh 9/ 13

H.F. _____ The bill provides that notwithstanding any earned discharge 1 credit or any educational credit accrued, a defendant’s 2 probation officer shall complete a probation status report 3 no later than halfway through the defendant’s probation 4 term and provide a copy of the probation status report to 5 the defendant containing one of the following: an order 6 that the defendant be discharged from probation early, a 7 recommendation that the defendant’s probation be continued with 8 reduced terms and conditions, or a recommendation that the 9 defendant’s probation be continued as previously ordered. If 10 the defendant’s probation status report recommends that the 11 defendant continue probation with reduced terms and conditions 12 or that the defendant’s probation continue as previously 13 ordered, the probation officer shall include a description of 14 why continued probation is necessary and beneficial and shall 15 also include any discharge credits and educational credits the 16 defendant has accrued. If the probation status report does 17 not recommend early termination of the defendant’s probation, 18 the defendant may request further administrative review. The 19 provisions shall not apply to proceedings in adult criminal 20 problem-solving courts and special probation programs. 21 DISCHARGE FROM PROBATION. The bill provides that at the 22 expiration of the period of probation, if the fees have been 23 paid or are subject to a payment plan, the court shall order 24 the discharge of the person from probation. If portions of 25 the court debt remain unpaid, the person shall establish a 26 payment plan based upon the defendant’s ability to pay with 27 the clerk of the district court or the county attorney prior 28 to the discharge. The court shall forward to the governor a 29 recommendation for or against restoration of citizenship rights 30 to that person upon discharge. If the court’s recommendation 31 to the governor is against the restoration of the defendant’s 32 citizenship rights, the court shall provide a written 33 explanation of its recommendation to the defendant and give 34 notice to the defendant of the defendant’s right to appear at 35 -10- LSB 5497YC (5) 89 as/rh 10/ 13

H.F. _____ a hearing. 1 DISCHARGE AND EDUCATION CREDITS. The bill provides that a 2 defendant on probation shall be eligible to earn a discharge 3 credit from the defendant’s term of probation for each full 4 calendar month in which the defendant is in compliance with 5 the terms of the defendant’s probation, which shall be applied 6 to the termination date of the defendant’s probation within 30 7 days of the end of the calendar month in which the discharge 8 credit was earned. A defendant shall not earn a discharge 9 credit for a calendar month in which a violation has occurred, 10 the defendant has absconded from probation, or the defendant is 11 incarcerated. A defendant shall not earn a discharge credit 12 for a partial calendar month or the last full calendar month of 13 probation. A defendant on probation shall be eligible to earn 14 an educational credit from the defendant’s term of probation 15 for each full calendar month in which the defendant is in 16 compliance with the terms of the defendant’s probation. 17 The bill provides that at least once a year, and in 18 the probation status report provided halfway through the 19 defendant’s period of probation, the defendant’s probation 20 officer shall provide the defendant with an accounting of the 21 defendant’s discharge credits and educational credits that have 22 accrued. A defendant may earn both a discharge credit and an 23 educational credit to be applied toward the completion of the 24 defendant’s probation. A defendant may seek administrative 25 review and recalculation of the defendant’s discharge credits 26 and educational credits contained in the defendant’s probation 27 status report. A defendant may seek judicial review of 28 the credit calculations at a hearing to modify or for early 29 termination of probation. 30 The bill provisions involving discharge and educational 31 credits shall not apply to proceedings in adult criminal 32 problem-solving courts and special probation programs. 33 The bill requires that the department of corrections 34 collect information and report annually in a public report made 35 -11- LSB 5497YC (5) 89 as/rh 11/ 13

H.F. _____ available no later than December 1 each year the number of 1 persons on probation who have earned educational and discharge 2 credits during that year, the average amount of credits earned 3 per defendant during that year, the total number of supervision 4 days reduced due to the awarding of credits during that year, 5 and the number of defendants terminated from probation early 6 that year. 7 PAYMENT OF FINES AND FEES. The bill provides that the 8 court shall direct a defendant to pay any monetary obligations 9 imposed in conjunction with a term of probation, and shall 10 create a payment plan based upon the defendant’s ability to pay 11 which shall include a plan of payment for restitution owed. 12 The court, upon the receipt of a petition from a probation 13 officer for termination of a defendant’s probation, shall 14 not consider the defendant’s lack of payment of fines and 15 fees as a disqualifying factor for early termination of the 16 defendant’s probation unless the defendant has been found to 17 be able to afford payments but has purposely avoided making 18 payments. A defendant who is compliant with the conditions 19 of probation shall not be precluded from obtaining a driver’s 20 license due to lack of payment of fines and fees, unless a 21 defendant has been found to be able to afford payments but 22 has purposely avoided making payments. A determination of 23 a defendant’s ability to pay shall include the factors set 24 forth in the court’s financial affidavit under Code sections 25 815.9 (indigency determination) and 908.2A (appointment of 26 attorney). A defendant may petition the court for review of 27 the defendant’s financial status pursuant to Code section 910.7 28 (petition for restitution plan hearing). 29 VIOLATION OF PROBATION. The bill provides that a probation 30 officer or the judicial district department of correctional 31 services having probable cause to believe that any person 32 released on probation has violated the conditions of probation 33 shall utilize a violation response matrix to determine the 34 severity of the violation, any protective factors that mitigate 35 -12- LSB 5497YC (5) 89 as/rh 12/ 13

H.F. _____ the risk, and the correlating appropriate sanction. This 1 provision shall not apply to proceedings in adult criminal 2 problem-solving courts and special probation programs. 3 There is a presumption against incarceration for technical 4 violations of supervision. A sentence of incarceration upon 5 revocation shall not be imposed unless the court finds that the 6 defendant has committed a new felony or misdemeanor, or the 7 violation response matrix authorizes incarceration under such 8 circumstances. The probation officer may proceed internally 9 without court intervention, by arrest or by summons depending 10 on the severity of the alleged violation and the level of risk. 11 For any alleged violation for which the probation officer 12 seeks to increase the defendant’s conditions of supervision or 13 length of supervision, the defendant has the right to request 14 a supervision hearing. A hearing is required for any alleged 15 violation for which the probation officer seeks to revoke 16 supervision or incarcerate the defendant. 17 The bill provides definitions for “adult criminal problem- 18 solving court”, “discharge credit”, “educational credit”, 19 “special probation program”, “technical violation”, and 20 “violation response matrix”. 21 -13- LSB 5497YC (5) 89 as/rh 13/ 13