HF 570 (LSB 2443HV (2) 91)

HOUSE FILE 570

BY  COMMITTEE ON JUDICIARY

(SUCCESSOR TO HSB 140)

A BILL FOR

An Act relating to probation, including discharge credits, educational credits, and workforce credits, and including effective date provisions.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 907.1, Code 2025, is amended by adding the following new subsections:
   NEW SUBSECTION.  01.  “Adult criminal problem-solving court” means a court program under direct supervision of a judge established to treat drug or alcohol addiction or mental illness of adults charged with criminal offenses.
   NEW SUBSECTION.  2A.  “Discharge credit” means a fourteen-day reduction from a defendant’s term of probation for each full calendar month the defendant is in compliance with the terms of the defendant’s probation.
   NEW SUBSECTION.  2B.  “Educational credit” means a ninety-day reduction from a defendant’s term of probation when a defendant earns a high school diploma, high school equivalency certificate, or academic degree or completes a certified vocational, technical, or career education or training program.
   NEW SUBSECTION.  6.  “Special probation program” means a program under the supervision of a district court or a judicial district department of correctional services established to treat drug or alcohol addiction, mental illness, or domestic or sexual abuse of the parties involved in a criminal case, or to improve outcomes for persons involved in the program including an intermediate criminal sanctions program under section 901B.1.
   NEW SUBSECTION.  7.  “Workforce credit” means a thirty-day reduction from a defendant’s term of probation for each six-month period in which a defendant maintains verifiable employment.
    Sec. 2.  Section 907.9, Code 2025, is amended by adding the following new subsections:
   NEW SUBSECTION.  6.  a.  On or after July 1, 2026, a defendant on probation shall earn a discharge credit from the defendant’s term of probation for each full calendar month in which the defendant is in compliance with the terms of the defendant’s probation.
   b.  A defendant shall not earn a discharge credit for a calendar month in which a violation has occurred, the defendant has absconded from probation, or the defendant is incarcerated, except that a defendant shall be retroactively awarded a discharge credit for a calendar month in which a violation allegedly occurred if the violation is not sustained by the court.
   c.  A defendant shall not earn a discharge credit for a partial calendar month or the last full calendar month of probation.
   NEW SUBSECTION.  7.  On or after July 1, 2026, a defendant on probation shall earn an educational credit from the defendant’s term of probation when a defendant earns a high school diploma, high school equivalency certificate, or academic degree or completes a certified vocational, technical, or career education or training program.
   NEW SUBSECTION.  8.  On or after July 1, 2026, a defendant on probation shall earn a workforce credit from the defendant’s term of probation for each six-month period in which a defendant maintains verifiable employment for at least an average of thirty hours per week. The defendant’s probation officer may verify such employment through supporting documentation, which may include but is not limited to any record, letter, pay stub, contract, or other department-approved methods of verification.
   NEW SUBSECTION.  9.  Beginning July 1, 2026, at least two times per year, the defendant’s probation officer shall provide the defendant with an accounting of the defendant’s discharge credits, educational credits, and workforce credits, if applicable, that have accrued under subsections 6, 7, and 8. The department of corrections shall, without leave of court, award any accrued credits under subsections 6, 7, and 8 toward the completion of the defendant’s probation except that the maximum reduction of the defendant’s probation term earned through the application of the credits shall not exceed forty percent of the probation period imposed and the defendant shall not be discharged from probation until the defendant’s probation officer determines that fees imposed under section 904.912 and court debt collected pursuant to section 602.8107 have been paid or are subject to a payment plan. The department of corrections shall adopt rules to implement the provisions of this subsection.
   NEW SUBSECTION.  10.  Subsections 6, 7, 8, and 9 shall not apply to proceedings in adult criminal problem-solving courts and special probation programs unless the problem-solving court or special probation program adopts some or all of subsections 6, 7, 8, and 9.
   NEW SUBSECTION.  11.  Beginning July 1, 2026, the department of corrections shall collect information and report annually in a public report made available no later than December 1 of each year the number of defendants on probation who have earned discharge credits, educational credits, and workforce credits pursuant to subsections 6, 7, and 8 during that year, the average amount of credits earned per defendant during that year, the total number of supervision days reduced due to the awarding of credits during that year, and the number of defendants terminated from probation early that year.
    Sec. 3.  EFFECTIVE DATE.  This Act takes effect July 1, 2026.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to probation, including discharge credits, educational credits, and workforce credits.
   Iowa law provides that upon a plea of guilty, a verdict of guilty, or a special verdict upon which a judgment of conviction may be rendered, the trial court may defer judgment and may place the defendant on probation upon conditions as it may require, defer the sentence and assign the defendant to a judicial district department of correctional services, or suspend the sentence and place the defendant on probation upon such terms and conditions as it may require including commitment to an alternate jail facility or a community correctional residential treatment facility to be followed by a period of probation.
   The bill provides that on or after July 1, 2026, a defendant on probation shall earn a discharge credit from the defendant’s term of probation for each full calendar month in which the defendant is in compliance with the terms of the defendant’s probation. A defendant shall not earn a discharge credit for a calendar month in which a violation has occurred, the defendant has absconded from probation, or the defendant is incarcerated, except that a defendant shall be retroactively awarded a discharge credit for a calendar month in which a violation allegedly occurred if the violation is not sustained by the court. A defendant shall not earn a discharge credit for a partial calendar month or the last full calendar month of probation.
   The bill provides that on or after July 1, 2026, a defendant on probation shall earn an educational credit from the defendant’s term of probation when a defendant earns a high school diploma, high school equivalency certificate, or academic degree or completes a certified vocational, technical, or career education or training program.
   The bill provides that on or after July 1, 2026, a defendant on probation shall earn a workforce credit from the defendant’s term of probation for each six-month period in which a defendant maintains verifiable employment. The defendant’s probation officer may verify such employment through supporting documentation.
   The bill provides that beginning July 1, 2026, at least twice per year, the defendant’s probation officer shall provide the defendant with an accounting of the defendant’s discharge, educational, and workforce credits. The department of corrections shall, without leave of court, award any accrued credits toward the completion of the defendant’s probation, except that the maximum reduction of the defendant’s probation term earned through the application of credits shall not exceed 40 percent of the probation period imposed and the defendant shall not be discharged from probation until the probation officer determines that fees and court debt have been paid off or are subject to a payment plan. A defendant may seek administrative review and recalculation of the defendant’s credits.
   The bill provides that discharge, educational, and workforce credits earned by a defendant on probation shall not apply to proceedings in adult criminal problem-solving courts and special probation programs unless the problem-solving court or special probation program adopts some or all of the credit provisions.
   Beginning July 1, 2026, the bill requires the department of corrections to report certain information annually in a public report made available no later than December 1 of each year. 
   The bill provides definitions for “adult criminal problem-solving court”, “discharge credit”, “educational credit”, “special probation program”, and “workforce credit”.
   The bill takes effect July 1, 2026.