S.F. 2374 Section 1. Section 331.659, subsection 1, paragraph a, 1 unnumbered paragraph 1, Code 2020, is amended to read as 2 follows: 3 A Except for a civil claim for reimbursement under section 4 356.7, a sheriff or a deputy sheriff shall not: 5 Sec. 2. Section 356.7, subsection 2, paragraph i, Code 2020, 6 is amended by striking the paragraph. 7 Sec. 3. Section 356.7, subsection 4, Code 2020, is amended 8 by striking the subsection and inserting in lieu thereof the 9 following: 10 4. A claim for reimbursement shall be filed in a separate 11 civil action rather than as a claim in the underlying criminal 12 case. 13 Sec. 4. Section 602.8102, Code 2020, is amended by adding 14 the following new subsection: 15 NEW SUBSECTION . 105C. Apply payments made to a civil claim 16 for reimbursement judgment under section 356.7 to court debt, 17 as defined in section 602.8107, in the priority order set out 18 in section 602.8107, subsection 2, if the debtor has delinquent 19 court debt. 20 Sec. 5. Section 602.8105, subsection 1, Code 2020, is 21 amended by adding the following new paragraph: 22 NEW PARAGRAPH . k. For a civil claim for reimbursement under 23 section 356.7, zero dollars. 24 Sec. 6. Section 602.8107, subsection 1, paragraph a, Code 25 2020, is amended by striking the paragraph and inserting in 26 lieu thereof the following: 27 a. “Court debt” means all restitution, fees, and forfeited 28 bail. 29 Sec. 7. Section 602.8107, subsection 2, paragraphs b and c, 30 Code 2020, are amended to read as follows: 31 b. (1) If Except as provided in subparagraph (2), if a case 32 number is not identified, the clerk shall apply the payment to 33 the balance owed in the criminal case with the oldest judgment 34 against the person. 35 -1- SF 2374 (2) 88 jm/rh/mb 1/ 12

S.F. 2374 (2) The clerk shall apply payments to pecuniary damages 1 in other criminal cases when no case number is identified in 2 priority order from the oldest judgment to the most recent 3 judgment before applying payments to any other court debt. 4 c. Payments received under this section shall be applied in 5 the following priority order: 6 (1) Pecuniary damages as defined in section 910.1, 7 subsection 3 . 8 (2) Fines or penalties and criminal penalty and law 9 enforcement initiative surcharges. 10 (3) Crime victim compensation program reimbursement. 11 (4) Court costs , including correctional fees assessed 12 pursuant to sections 356.7 and 904.108 , court-appointed 13 attorney fees, or public defender expenses. 14 Sec. 8. Section 602.8107, subsection 4, paragraph a, Code 15 2020, is amended to read as follows: 16 a. This subsection does not apply to amounts collected for 17 victim restitution involving pecuniary damages , the victim 18 compensation fund, the criminal penalty surcharge, sex offender 19 civil penalty, drug abuse resistance education surcharge, 20 the law enforcement initiative surcharge, county enforcement 21 surcharge, or amounts collected as a result of procedures 22 initiated under subsection 5 or under section 8A.504 , or fees 23 charged pursuant to section 356.7 . 24 Sec. 9. Section 909.3, subsection 1, Code 2020, is amended 25 to read as follows: 26 1. All Unless a plan of payment has been issued pursuant to 27 chapter 910, fines imposed by the court shall be paid on the 28 day the fine is imposed, and the person shall be instructed to 29 pay such fines with the office of the clerk of the district 30 court on the date of imposition. 31 Sec. 10. Section 910.1, subsection 4, Code 2020, is amended 32 by striking the subsection and inserting in lieu thereof the 33 following: 34 4. “Restitution” means pecuniary damages, category “A” 35 -2- SF 2374 (2) 88 jm/rh/mb 2/ 12

S.F. 2374 restitution, and category “B” restitution. 1 Sec. 11. Section 910.1, Code 2020, is amended by adding the 2 following new subsections: 3 NEW SUBSECTION . 01. “Category “A” restitution” means fines, 4 penalties, and surcharges. 5 NEW SUBSECTION . 001. “Category “B” restitution” means 6 the contribution of funds to a local anticrime organization 7 which provided assistance to law enforcement in an offender’s 8 case, the payment of crime victim compensation program 9 reimbursements, payment of restitution to public agencies 10 pursuant to section 321J.2, subsection 13, paragraph “b” , 11 court costs, court-appointed attorney fees ordered pursuant to 12 section 815.9, including the expense of a public defender, and 13 payment to the medical assistance program pursuant to chapter 14 249A for expenditures paid on behalf of the victim resulting 15 from the offender’s criminal activities including investigative 16 costs incurred by the Medicaid fraud control unit pursuant to 17 section 249A.50. 18 NEW SUBSECTION . 1A. “Financial affidavit” means a signed 19 affidavit under penalty of perjury that provides financial 20 information about the offender to enable the sentencing court 21 or the department of corrections to make a determination 22 regarding the ability of the offender to pay category “B” 23 restitution. “Financial affidavit” includes the offender’s 24 income, physical and mental health, age, education, employment, 25 inheritance, other debts, other amounts of restitution owed, 26 family circumstances, and any assets subject to execution, 27 including but not limited to cash, accounts at financial 28 institutions, stocks, bonds, and any other property which may 29 be applied to the satisfaction of judgments. 30 NEW SUBSECTION . 3A. “Permanent restitution order” means an 31 order entered when the court is able to order the full amount 32 of restitution, either at the time of sentencing or at a later 33 date to be determined by the court. 34 NEW SUBSECTION . 3B. “Plan of payment” or “restitution plan 35 -3- SF 2374 (2) 88 jm/rh/mb 3/ 12

S.F. 2374 of payment” means a plan for paying restitution wherein the 1 defendant is ordered to pay a certain amount of money each 2 month to repay outstanding restitution. 3 NEW SUBSECTION . 3C. “Plan of restitution” means a temporary 4 restitution order, permanent restitution order, restitution 5 plan of payment, any other court order relating to restitution, 6 or any combination of the foregoing. 7 NEW SUBSECTION . 4A. “Temporary restitution order” means 8 an order entered when the sentencing court is unable to order 9 the full amount of restitution, whether due to incomplete 10 statements of pecuniary damages, incomplete statements 11 involving other restitution, or for any other cause. 12 Sec. 12. Section 910.2, Code 2020, is amended by striking 13 the section and inserting in lieu thereof the following: 14 910.2 Restitution or community service ordered by sentencing 15 court. 16 1. a. In all criminal cases in which there is a plea of 17 guilty, verdict of guilty, or special verdict upon which a 18 judgment of conviction is rendered, the sentencing court shall 19 order that pecuniary damages be paid by each offender to the 20 victims of the offender’s criminal activities, and that all 21 other restitution be paid to the clerk of court subject to the 22 following: 23 (1) Pecuniary damages and category “A” restitution shall be 24 ordered without regard to an offender’s reasonable ability to 25 make payments. 26 (2) Category “B” restitution shall be ordered subject to 27 an offender’s reasonable ability to make payments pursuant to 28 section 910.2A. 29 b. Pecuniary damages shall be paid to victims in full before 30 category “A” and category “B” restitution are paid. 31 c. In structuring a plan of restitution, the plan of payment 32 shall provide for payments in the following order of priority: 33 (1) Pecuniary damages to the victim. 34 (2) Category “A” restitution. 35 -4- SF 2374 (2) 88 jm/rh/mb 4/ 12

S.F. 2374 (3) Category “B” restitution in the following order: 1 (a) Crime victim compensation program reimbursement. 2 (b) Public agencies. 3 (c) Court costs. 4 (d) Court-appointed attorney fees ordered pursuant to 5 section 815.9, including the expense of a public defender. 6 (e) Contribution to a local anticrime organization. 7 (f) The medical assistance program. 8 2. a. When the offender is not reasonably able to pay 9 all or a part of category “B” restitution, the court may 10 require the offender in lieu of that portion of category “B” 11 restitution for which the offender is not reasonably able to 12 pay, to perform a needed public service for a governmental 13 agency or for a private nonprofit agency which provides a 14 service to the youth, elderly, or poor of the community. 15 b. When community service is ordered, the court shall set 16 a specific number of hours of service to be performed by the 17 offender. When calculating the amount of community service to 18 be performed in lieu of payment of court-appointed attorney 19 fees, the court shall determine the approximate equivalent 20 value of the expenses of the public defender. The judicial 21 district department of correctional services shall provide for 22 the assignment of the offender to a public agency or private 23 nonprofit agency to perform the required service. 24 Sec. 13. NEW SECTION . 910.2A Reasonable ability to pay —— 25 category “B” restitution payments. 26 1. An offender is presumed to have the reasonable ability 27 to make restitution payments for the full amount of category 28 “B” restitution. 29 2. If an offender requests that the court determine the 30 amount of category “B” restitution payments the offender is 31 reasonably able to make toward paying the full amount of such 32 restitution, the court shall hold a hearing and make such a 33 determination, subject to the following provisions: 34 a. To obtain relief at such a hearing, the offender must 35 -5- SF 2374 (2) 88 jm/rh/mb 5/ 12

S.F. 2374 affirmatively prove by a preponderance of the evidence that the 1 offender is unable to reasonably make payments toward the full 2 amount of category “B” restitution. 3 b. The offender must furnish the prosecuting attorney and 4 sentencing court with a completed financial affidavit. Failure 5 to furnish a completed financial affidavit waives any claim 6 regarding the offender’s reasonable ability to pay. 7 c. The prosecuting attorney, the attorney for the defendant, 8 and the court shall be permitted to question the offender 9 regarding the offender’s reasonable ability to pay. 10 d. Based on the evidence offered at the hearing, including 11 but not limited to the financial affidavit, the court shall 12 determine the amount of category “B” restitution the offender 13 is reasonably able to make payments toward, and order the 14 offender to make payments toward that amount. 15 3. a. If an offender does not make a request as provided in 16 subsection 2 at the time of sentencing or within thirty days 17 after the court issues a permanent restitution order, the court 18 shall order the offender to pay the full amount of category “B” 19 restitution. 20 b. An offender’s failure to request a determination 21 pursuant to this section waives all future claims regarding 22 the offender’s reasonable ability to pay, except as provided 23 by section 910.7. 24 4. If a court finds an offender is not reasonably able 25 to make payments toward the full amount of category “B” 26 restitution, the offender’s financial affidavit shall be 27 filed of record in all criminal cases for which the offender 28 owes restitution and the affidavit shall be accessible by a 29 prosecuting attorney or attorney for the offender without court 30 order or appearance. 31 5. A court that makes a determination under this section is 32 presumed to have properly exercised its discretion. A court is 33 not required to state its reasons for making a determination. 34 Sec. 14. Section 910.3, Code 2020, is amended to read as 35 -6- SF 2374 (2) 88 jm/rh/mb 6/ 12

S.F. 2374 follows: 1 910.3 Determination of amount of restitution. 2 1. The county prosecuting attorney shall prepare a 3 statement of pecuniary damages to victims of the defendant 4 and, if applicable, any award by the crime victim compensation 5 program and expenses incurred by public agencies pursuant to 6 section 321J.2, subsection 13 , paragraph “b” , and shall provide 7 the statement to the presentence investigator or submit the 8 statement to the court at the time of sentencing. 9 2. The clerk of court shall prepare a statement of 10 court-appointed attorney fees ordered pursuant to section 11 815.9 , including the expense of a public defender , and court 12 costs including correctional fees claimed by a sheriff or 13 municipality pursuant to section 356.7 , which shall be provided 14 to the presentence investigator or submitted to the court at 15 the time of sentencing. 16 3. If these the statements in subsection 1 or 2 are provided 17 to the presentence investigator, they shall become a part of 18 the presentence report. 19 4. If pecuniary damage amounts are not available or are 20 incomplete at the time of sentencing, the county prosecuting 21 attorney shall provide a statement of pecuniary damages 22 incurred up to that time to the clerk of court. 23 5. The statement of pecuniary damages shall ordinarily be 24 provided no later than thirty days after sentencing. However, 25 a prosecuting attorney may file a statement of pecuniary 26 damages within a reasonable time after the prosecuting attorney 27 is notified by a victim of any pecuniary damages incurred. 28 6. If a defendant believes no person suffered pecuniary 29 damages, the defendant shall so state. 30 7. If the defendant has any mental or physical impairment 31 which would limit or prohibit the performance of a public 32 service, the defendant shall so state. The court may order a 33 mental or physical examination, or both, of the defendant to 34 determine a proper course of action. At the time of sentencing 35 -7- SF 2374 (2) 88 jm/rh/mb 7/ 12

S.F. 2374 or at a later date to be determined by the court, 1 8. If the full amount of restitution is known at the time of 2 sentencing, the court shall set enter a permanent restitution 3 order setting out the amount of restitution including the 4 amount of public service to be performed as restitution and 5 the persons to whom restitution must be paid. A permanent 6 restitution order entered at the time of sentencing is part of 7 the final judgment of sentence as defined in section 814.6 and 8 may be considered in a properly perfected appeal. 9 9. If the full amount of restitution cannot be determined 10 at the time of sentencing, the court shall issue a temporary 11 restitution order determining a reasonable amount for 12 restitution identified up to that time. A temporary 13 restitution order is not part of the final judgment of sentence 14 as defined in section 814.6 and is not an appealable order, 15 except by writ of certiorari as provided by section 910.7. 16 At a later date as determined by the court, the court shall 17 issue a permanent , supplemental restitution order , setting the 18 full amount of restitution. The court shall enter further 19 supplemental orders, if necessary. These court orders shall be 20 known as the plan of restitution. 21 10. A permanent restitution order may be superseded by 22 subsequent orders if additional or different restitution is 23 ordered. 24 Sec. 15. Section 910.4, subsection 1, paragraph b, 25 subparagraphs (1) and (2), Code 2020, are amended to read as 26 follows: 27 (1) If the court extends the period of probation, the period 28 of probation shall not be for more than the maximum period of 29 probation for the offense committed except for an extension of 30 a period of probation as authorized in section 907.7 . After 31 discharge from probation or after the expiration of the period 32 of probation, as extended if applicable, the failure of an 33 offender to comply with the plan of restitution ordered by the 34 court shall constitute contempt of court. 35 -8- SF 2374 (2) 88 jm/rh/mb 8/ 12

S.F. 2374 (2) If an offender’s probation is revoked, the offender’s 1 assigned probation officer shall forward to the director of 2 the Iowa department of corrections , all known information 3 concerning the offender’s restitution plan, restitution plan of 4 payment, the restitution payment balance obligations, including 5 but not limited to the plan of restitution , and any other 6 pertinent information concerning or affecting restitution by 7 the offender. 8 Sec. 16. Section 910.4, subsections 2 and 3, Code 2020, are 9 amended to read as follows: 10 2. When the offender is committed to a county jail, or to 11 an alternate facility, the office or individual charged with 12 supervision of the offender shall prepare a restitution plan 13 of payment taking into consideration the offender’s income, 14 physical and mental health, age, education, employment and 15 family circumstances and shall submit the plan to the court . 16 a. The office or individual charged with supervision of the 17 offender shall review the plan of restitution ordered by the 18 court, and shall submit a restitution plan of payment to the 19 sentencing court. 20 b. a. When community service is ordered by the court as 21 restitution, the restitution plan of payment shall set out a 22 plan to meet the requirement for the community service. 23 c. The court may approve or modify the plan of restitution 24 and restitution plan of payment. 25 d. b. When there is a significant change in the offender’s 26 income or circumstances, the office or individual which has 27 supervision of the restitution plan of payment shall submit a 28 modified restitution plan of payment to the court. 29 3. a. When there is a transfer of supervision from one 30 office or individual charged with supervision of the offender 31 to another, the sending office or individual shall forward to 32 the receiving office or individual all necessary information 33 regarding the balance owed against the original amount of 34 restitution ordered and the balance of public service required. 35 -9- SF 2374 (2) 88 jm/rh/mb 9/ 12

S.F. 2374 b. When If there has been a significant change in the 1 offender’s circumstances and or income have significantly 2 changed , the receiving office or individual shall submit a 3 new restitution plan of payment to the sentencing court for 4 approval or modification based on the considerations enumerated 5 in this section . 6 Sec. 17. Section 910.4, Code 2020, is amended by adding the 7 following new subsection: 8 NEW SUBSECTION . 4. Notwithstanding any other provision 9 in this chapter, the plan of payment shall be based on all 10 information pertinent to the offender’s reasonable ability to 11 pay. The first monthly payment under such a plan shall be made 12 within thirty days of the approval of the plan. 13 Sec. 18. Section 910.6, Code 2020, is amended to read as 14 follows: 15 910.6 Payment plan —— copy to victims. 16 An office or individual preparing a restitution plan of 17 payment or modified restitution plan of payment , when it is 18 approved by the court if approval is required under section 19 910.4 , or when the plan is completed if court approval 20 under section 910.4 is not required, shall forward a copy to 21 the clerk of court in the county in which the offender was 22 sentenced. The clerk of court shall forward a copy of the 23 restitution plan of payment or modified plan of payment to the 24 victim or victims. 25 Sec. 19. Section 910.7, subsections 1 and 3, Code 2020, are 26 amended to read as follows: 27 1. At any time during the period of probation, parole, or 28 incarceration, the offender , the prosecuting attorney, or the 29 office or individual who prepared the offender’s restitution 30 plan may petition the court on any matter related to the plan 31 of restitution or restitution plan of payment and the court 32 shall grant a hearing if on the face of the petition it appears 33 that a hearing is warranted. 34 3. If a petition related to a plan of restitution has been 35 -10- SF 2374 (2) 88 jm/rh/mb 10/ 12

S.F. 2374 filed, the offender, the county prosecuting attorney, the 1 department of corrections if the offender is currently confined 2 in a correctional institution, the office or individual who 3 prepared the offender’s restitution plan, and the victim shall 4 receive notice prior to any hearing under this section . 5 Sec. 20. Section 910.7, Code 2020, is amended by adding the 6 following new subsections: 7 NEW SUBSECTION . 4. An appellate court shall not review 8 or modify an offender’s plan of restitution, restitution 9 plan of payment, or any other issue related to an offender’s 10 restitution under this subsection, unless the offender has 11 exhausted the offender’s remedies under this section and 12 obtained a ruling from the district court prior to the issue 13 being raised in the appellate courts. 14 NEW SUBSECTION . 5. Appellate review of a district court 15 ruling under this section shall be by writ of certiorari. 16 Sec. 21. Section 910.9, subsection 3, Code 2020, is amended 17 to read as follows: 18 3. Fines, penalties, and surcharges, crime victim 19 compensation program reimbursement, public agency restitution, 20 court costs including correctional fees claimed by a sheriff 21 or municipality pursuant to section 356.7 , and court-appointed 22 attorney fees ordered pursuant to section 815.9 , including the 23 expenses for public defenders, Category “A” restitution and 24 category “B” restitution shall not be withheld by the clerk of 25 court until all pecuniary damages to victims have been paid in 26 full. Payments to victims shall be made by the clerk of court 27 at least quarterly. Payments by a clerk of court shall be made 28 no later than the last business day of the quarter, but may be 29 made more often at the discretion of the clerk of court. The 30 clerk of court receiving final payment from an offender shall 31 notify all victims that full restitution has been made. Each 32 office or individual charged with supervising an offender who 33 is required to perform community service as full or partial 34 restitution shall keep records to assure compliance with the 35 -11- SF 2374 (2) 88 jm/rh/mb 11/ 12

S.F. 2374 portions of the plan of restitution and restitution plan of 1 payment relating to community service and, when the offender 2 has complied fully with the community service requirement, 3 notify the sentencing court. 4 Sec. 22. EFFECTIVE DATE. This Act takes effect October 1, 5 2020. 6 Sec. 23. FINANCIAL AFFIDAVIT —— SUPREME COURT RULES. The 7 supreme court shall adopt rules prescribing the form and 8 content of the financial affidavit. 9 -12- SF 2374 (2) 88 jm/rh/mb 12/ 12