House
Study
Bill
607
-
Introduced
HOUSE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
PUBLIC
SAFETY
BILL
BY
CHAIRPERSON
KLEIN)
A
BILL
FOR
An
Act
relating
to
probation
including
the
length
of
probation,
1
discharge
from
probation,
payment
of
fines
and
fees,
and
2
probation
violations.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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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.
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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
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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.
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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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”.
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