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House Study Bill 6 - IntroducedA Bill ForAn Act 1relating to probation, providing penalties, and
2including effective date provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 907.1, Code 2021, is amended by adding
2the following new subsections:
3 NEW SUBSECTION. 2A. “Discharge credit” means a fourteen-day
4reduction from a defendant’s term of probation for each full
5calendar month the defendant is in compliance with the terms
6of the defendant’s probation.
7 NEW SUBSECTION. 2B. “Educational credit” means a ninety-day
8reduction from a defendant’s term of probation when a defendant
9earns a high school diploma or high school equivalency
10certificate or completes a certified vocational, technical, or
11career education or training program.
12 NEW SUBSECTION. 4A. “Technical violation” means a violation
13by the defendant of the terms and conditions of probation other
14than a conviction of the defendant for a new crime.
15 Sec. 2. Section 907.7, subsection 2, Code 2021, is amended
16to read as follows:
172. The length of the probation shall not be less than one
18year six months if the offense is a misdemeanor and shall not
19be less than two years one year if the offense is a felony.
20 Sec. 3. Section 907.7, Code 2021, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 2A. The court shall not impose a period
23of probation consecutive to any other court-imposed period of
24probation.
25 Sec. 4. Section 907.9, subsections 1 and 2, Code 2021, are
26amended to read as follows:
271. At any time that the court determines that the purposes
28of probation have been fulfilled and fees imposed under section
29905.14 and court debt collected pursuant to section 602.8107
30 have been paid and court debt have been paid or are subject to
31a payment plan, the court may order the discharge of a person
32from probation.
332. a. At any time that a probation officer determines
34that the purposes of probation have been fulfilled and fees
35imposed under section 905.14 and court debt collected pursuant
-1-1to section 602.8107 have been paid and court debt have been
2paid or are subject to a payment plan, the officer may order
3the discharge of a person from probation after approval of the
4district director and notification of the sentencing court and
5the county attorney who prosecuted the case.
6b. Notwithstanding any earned discharge credit under
7subsection 6 or any earned educational credit under subsection
87, upon successful completion of one-half of the length
9of a defendant’s probation set pursuant to this section, a
10probation officer shall petition the court for discharge of the
11defendant’s probation. The court shall review the defendant’s
12criminal record and consider whether to reduce the defendant’s
13probation, to discharge the defendant from probation, or to
14reduce the terms and conditions of the defendant’s probation
15based upon the probation officer’s report. The court shall not
16discharge the defendant from probation or reduce the period or
17terms and conditions of probation if the defendant is subject
18to a payment plan, has been found able to afford payments but
19is purposely avoiding making payments, or has not completed
20court-ordered counseling or treatment.
21c. The court shall hold a hearing to review a probation
22officer’s request for discharge of a defendant from probation
23not less than once every six months after the defendant has
24completed one-half of the length of probation, unless the
25defendant is subsequently convicted of a new crime. The
26court shall give reasonable notice to the defendant and the
27prosecuting attorney of any hearing and the defendant shall
28have the right to appear at the hearing.
29 Sec. 5. Section 907.9, subsection 4, paragraphs a and b,
30Code 2021, are amended to read as follows:
31a. At the expiration of the period of probation, if the
32fees imposed under section 905.14 and court debt collected
33pursuant to section 602.8107 have been paid and court debt
34have been paid or are subject to a payment plan, the court
35shall order the discharge of the person from probation. If
-2-1portions of the court debt remain unpaid, the person shall
2establish a payment plan with the clerk of the district court
3or the county attorney prior to the discharge. The payment
4plan shall be based on the defendant’s ability to pay. The
5court shall forward to the governor a recommendation for or
6against restoration of citizenship rights to that person upon
7discharge. If the court’s recommendation to the governor
8is against the restoration of the defendant’s citizenship
9rights, the court shall provide a written explanation of
10its recommendation to the defendant and give notice to the
11defendant of the defendant’s right to appear at a hearing. A
12person who has been discharged from probation shall no longer
13be held to answer for the person’s offense.
14b. Upon discharge from probation, if judgment has been
15deferred under section 907.3, the court’s criminal record with
16reference to the deferred judgment, any counts dismissed by the
17court, which were contained in the indictment, information,
18or complaint that resulted in the deferred judgment, and
19any other related charges that were not contained in the
20indictment, information, or complaint but were dismissed, shall
21be expunged. However, the court’s record shall not be expunged
22until the person has paid, or is subject to a payment plan,
23for the restitution, civil penalties, court costs, fees, or
24other financial obligations ordered by the court or assessed
25by the clerk of the district court in the case that includes
26the deferred judgment. The expunged record is a confidential
27record exempt from public access under section 22.7 but shall
28be made available by the clerk of the district court, upon
29request and without court order, to an agency or person granted
30access to the deferred judgment docket under section 907.4,
31subsection 2. The court’s record shall not be expunged in any
32other circumstances unless authorized by law.
33 Sec. 6. Section 907.9, Code 2021, is amended by adding the
34following new subsections:
35 NEW SUBSECTION. 6. a. A defendant on probation shall
-3-1be eligible to earn a discharge credit from the defendant’s
2term of probation for each full calendar month in which the
3defendant is in compliance with the terms of the defendant’s
4probation.
5b. A defendant shall not earn a discharge credit for a
6calendar month in which a violation has occurred, the defendant
7has absconded from probation, or the defendant is incarcerated.
8c. A defendant shall not earn a discharge credit for a
9partial calendar month or the last full calendar month of
10probation.
11d. A discharge credit shall be applied to the termination
12date of the defendant’s probation within thirty days of the end
13of the calendar month in which the discharge credit was earned.
14 NEW SUBSECTION. 7. A defendant on probation shall be
15eligible to earn an educational credit from the defendant’s
16term of probation for each full calendar month in which the
17defendant is in compliance with the terms of the defendant’s
18probation.
19 NEW SUBSECTION. 8. A defendant’s probation officer shall
20notify the court when a defendant earns a discharge credit
21or educational credit pursuant to subsection 6 or 7. Upon
22receipt of a notice from the defendant’s probation officer,
23the court shall conduct a review of the defendant’s probation
24to determine if the defendant is eligible for a reduction or
25termination of probation, taking into account any discharge
26credit and educational credit the defendant has earned. A
27defendant may earn both a discharge credit and an educational
28credit to be applied toward the completion of the defendant’s
29probation in accordance with this subsection.
30 Sec. 7. NEW SECTION. 907.12 Probation revocation —
31resentencing.
321. a. The court shall not impose a sentence of imprisonment
33upon revoking probation unless the court finds any of the
34following:
35(1) The defendant has been convicted of a new felony or
-4-1misdemeanor.
2(2) The defendant’s conduct indicates it is likely the
3defendant will commit another crime and no other condition of
4supervision or treatment would decrease this likelihood based
5upon the testimony of the defendant’s probation officer.
6b. If the court finds any of the factors in paragraph “a”,
7the court shall follow the following sentencing guidelines:
8(1) The court shall not sentence the defendant to
9imprisonment on a first or second technical violation.
10(2) The court may impose a sentence of up to seven days of
11imprisonment upon a third technical violation.
12(3) The court may impose a sentence of up to fifteen days of
13imprisonment upon a fourth technical violation.
14(4) The court may impose a sentence of up to thirty days of
15imprisonment for a technical violation of certain conditions of
16probation specified at the beginning of the defendant’s period
17of probation.
182. There shall be no revocation of probation, imprisonment,
19or increase in the terms and conditions of probation under this
20section except upon the conclusion of a technical violation
21revocation hearing in accordance with this subsection.
22a. Upon an allegation of a technical violation of a
23defendant by the defendant’s probation officer, a written
24request for a technical violation revocation hearing shall be
25filed with the court.
26b. The court shall schedule a technical violation revocation
27hearing within a reasonable time after receiving a written
28request for a hearing.
29c. The technical violation revocation hearing shall be held
30before the defendant’s sentencing judge, if available.
31d. The court shall hold a technical violation revocation
32hearing to determine whether the facts warrant revocation of
33a defendant’s probation and whether probation is still an
34effective vehicle to accomplish rehabilitation of the defendant
35and a sufficient deterrent against future criminal conduct.
-5- 1e. The defendant shall have the right to confront and
2cross-examine witnesses.
33. a. Following a technical violation revocation hearing,
4and prior to resentencing, the court shall give the defendant
5the opportunity to be heard and the defendant shall be entitled
6to representation by an attorney. If the defendant is indigent
7or incapable of requesting an attorney, the court shall appoint
8an attorney to represent the defendant.
9b. The court shall state on the record the reasons for the
10sentence imposed.
11c. The court shall advise the defendant on the record of
12the right to file a motion to modify the sentence, the right to
13appeal, and of the right to the assistance of an attorney in
14the preparation of the motion and appeal. The court shall also
15advise the defendant of the time within which the defendant
16must exercise the rights in this paragraph.
17d. The court shall require that a record of the resentencing
18proceeding be made and preserved to allow the record to be
19transcribed including the record of any stipulation made
20between the parties at any presentence hearing.
214. A motion to modify a sentence imposed after a technical
22violation revocation hearing shall be filed within ten days
23of the sentencing order. The filing of a motion to modify a
24sentence shall not toll the thirty-day appeal period.
255. The court may revoke an order of probation upon proof
26of a violation of any of the following specified conditions of
27probation:
28a. If a defendant has been convicted of a new felony, the
29sentencing alternatives available to the court shall be the
30same as were available at the time of a defendant’s initial
31sentencing, and consideration shall be given to the defendant’s
32time spent serving the order of probation.
33b. If a defendant has been convicted of a new misdemeanor,
34the sentencing alternatives available to the court shall be the
35same as were available at the time of the defendant’s initial
-6-1sentencing; however, the defendant’s sentence may include a
2term of imprisonment of up to ninety days.
3 Sec. 8. NEW SECTION. 907.15 Payment of fines and fees.
41. The court shall direct that a defendant pay fines and
5fees in conjunction with a term of probation, and shall create
6a payment plan based upon the defendant’s ability to pay.
72. The court, upon the receipt of a petition from a
8probation officer for termination of a defendant’s probation,
9shall not consider the defendant’s lack of payment of fines and
10fees as a disqualifying factor for early termination of the
11defendant’s probation unless the defendant has been found to
12be able to afford payments but has purposefully avoided making
13payments.
143. A defendant who is compliant with the conditions of
15probation shall not be precluded from obtaining a driver’s
16license due to lack of payment of fines and fees, unless a
17defendant has been found to be able to afford payments but has
18purposefully avoided making payments.
19 Sec. 9. EFFECTIVE DATE. This Act, being deemed of immediate
20importance, takes effect upon enactment.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill relates to probation, provides penalties, and
25includes effective date provisions.
26Iowa law provides that upon a plea of guilty, a verdict
27of guilty, or a special verdict upon which a judgment of
28conviction may be rendered, the trial court may defer judgment
29and may place the defendant on probation upon conditions as
30it may require, defer the sentence and assign the defendant
31to a judicial district department of correctional service,
32or suspend the sentence and place the defendant on probation
33upon such terms and conditions as it may require including
34commitment to an alternate jail facility or a community
35correctional residential treatment facility to be followed by
-7-1a period of probation.
2LENGTH OF PROBATION. Under current law, the length of a
3defendant’s probation shall not be less than one year if the
4offense for which a defendant was convicted is a misdemeanor
5and shall not be less than two years if the offense for which a
6defendant was convicted is a felony. The bill changes these
7minimum probation periods to not less than six months if the
8offense is a misdemeanor and to not less than one year if the
9offense is a felony. The bill provides that the court shall
10not impose a period of probation consecutive to another imposed
11period of probation.
12DISCHARGE FROM PROBATION. Current law requires fees and
13court debt to be paid before a defendant can be discharged
14from probation. The bill allows a defendant to be discharged
15from probation if the court determines that the purposes of
16probation have been fulfilled and fees and court debt have been
17paid or are subject to a payment plan. The bill requires a
18probation officer to petition the court for the defendant’s
19discharge if the defendant has successfully completed one-half
20of the length of the defendant’s probation. The court shall
21hold a hearing to review the defendant’s case and determine
22whether to reduce the period of probation, terminate the period
23of probation, or reduce the conditions of probation based on
24the probation officer’s report. Such a hearing shall be held
25every six months after the defendant has completed one-half
26of the term of probation. The defendant and the prosecuting
27attorney shall have notice of the hearing and the defendant
28shall have the right to appear at the hearing. The court shall
29not consider the defendant’s lack of payment of fines and fees
30as a disqualifying factor for early termination of probation
31unless the defendant is found to be able to afford payments and
32is purposefully avoiding making payments. The court shall not
33discharge the defendant from probation or reduce the period or
34terms and conditions of probation if the defendant is subject
35to a payment plan, has been found able to afford payments but
-8-1is purposefully avoiding making payments, or has not completed
2court-ordered counseling or treatment.
3RESTORATION OF RIGHTS. Under current law, the court shall
4forward a recommendation to the governor either for or against
5the restoration of a defendant’s citizenship rights. Under the
6bill, if the court’s recommendation is against the restoration
7of a defendant’s citizenship rights, the court must provide a
8written explanation of its recommendation to the defendant and
9give notice to the defendant of the defendant’s right to appear
10at a hearing.
11DISCHARGE AND EDUCATION CREDITS. The bill provides that a
12defendant shall earn a discharge credit of 14 days’ reduction
13from the defendant’s term of probation for each full calendar
14month in which the defendant has not violated any terms of
15probation. A defendant on probation shall earn an educational
16credit and have the defendant’s probation sentence reduced by
1790 days if, during the period of probation, the defendant earns
18a high school diploma or high school equivalency certificate
19or successfully completes a certified vocational program,
20certified technical program, certified career education
21program, or training program.
22The bill defines “discharge credit” as a 14-day reduction
23from a defendant’s term of probation for each full calendar
24month the defendant is in compliance with the defendant’s term
25of probation and “educational credit” as a 90-day reduction
26from a defendant’s term of probation when a defendant earns
27a high school diploma or high school equivalency certificate
28or completes a certified vocational, technical, or career
29education or training program.
30PAYMENT OF FINES AND FEES. The bill provides that the
31court shall direct a defendant to pay fines and fees in
32conjunction with a term of probation, and the court shall
33create a payment plan based upon the defendant’s ability to
34pay. Upon the receipt of a petition from a probation officer
35for termination of a defendant’s probation, the court shall not
-9-1consider the defendant’s lack of payment of fines and fees as a
2disqualifying factor for early termination of the defendant’s
3probation unless the defendant has been found to be able to
4afford payments but has purposefully avoided making those
5payments. The bill provides that a defendant who is compliant
6with the conditions of probation is not precluded from
7obtaining an Iowa state driver’s license due to lack of payment
8of fines and fees, unless the defendant is found to be able to
9afford payments and is purposefully avoiding making payments.
10EXPUNGEMENT. Under current law, upon a defendant’s
11discharge from probation, if the defendant’s judgment has been
12deferred, the court’s criminal record of the deferred judgment
13and other related information shall be expunged but expungement
14is only allowed if the defendant has paid for all restitution,
15civil penalties, court costs, fees, or other obligations. The
16bill allows for expungement under these circumstances if the
17defendant has a payment plan in place for any such financial
18obligations.
19PROBATION VIOLATIONS — REVOCATION AND RESENTENCING. Under
20the bill, upon a violation of probation, the court shall not
21impose a sentence of imprisonment unless the defendant has
22been convicted of a new crime or, based on the testimony
23of the defendant’s probation officer, the conduct of the
24defendant indicates that it is likely that the defendant will
25commit another crime and no other condition of supervision or
26treatment would decrease this likelihood. If the defendant
27meets either of those factors, the court shall not sentence the
28defendant to prison on a first or second technical violation,
29the court may sentence the defendant to up to seven days
30in prison upon a third technical violation, the court may
31sentence the defendant to up to 15 days in prison upon a fourth
32technical violation, and the court may sentence the defendant
33to up to 30 days in prison for technical violations of specific
34conditions.
35The bill requires a technical revocation hearing and sets
-10-1out provisions for the hearing, including the defendant’s right
2to be heard. The court may revoke probation if the defendant
3has been convicted of a new crime. The bill defines “technical
4violation” as any violation by the defendant of the terms
5and conditions of probation other than a conviction of the
6defendant for a new crime.
7The bill takes effect upon enactment.
-11-as/rh
2including effective date provisions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 907.1, Code 2021, is amended by adding
2the following new subsections:
3 NEW SUBSECTION. 2A. “Discharge credit” means a fourteen-day
4reduction from a defendant’s term of probation for each full
5calendar month the defendant is in compliance with the terms
6of the defendant’s probation.
7 NEW SUBSECTION. 2B. “Educational credit” means a ninety-day
8reduction from a defendant’s term of probation when a defendant
9earns a high school diploma or high school equivalency
10certificate or completes a certified vocational, technical, or
11career education or training program.
12 NEW SUBSECTION. 4A. “Technical violation” means a violation
13by the defendant of the terms and conditions of probation other
14than a conviction of the defendant for a new crime.
15 Sec. 2. Section 907.7, subsection 2, Code 2021, is amended
16to read as follows:
172. The length of the probation shall not be less than one
18year six months if the offense is a misdemeanor and shall not
19be less than two years one year if the offense is a felony.
20 Sec. 3. Section 907.7, Code 2021, is amended by adding the
21following new subsection:
22 NEW SUBSECTION. 2A. The court shall not impose a period
23of probation consecutive to any other court-imposed period of
24probation.
25 Sec. 4. Section 907.9, subsections 1 and 2, Code 2021, are
26amended to read as follows:
271. At any time that the court determines that the purposes
28of probation have been fulfilled and fees imposed under section
29905.14 and court debt collected pursuant to section 602.8107
30 have been paid and court debt have been paid or are subject to
31a payment plan, the court may order the discharge of a person
32from probation.
332. a. At any time that a probation officer determines
34that the purposes of probation have been fulfilled and fees
35imposed under section 905.14 and court debt collected pursuant
-1-1to section 602.8107 have been paid and court debt have been
2paid or are subject to a payment plan, the officer may order
3the discharge of a person from probation after approval of the
4district director and notification of the sentencing court and
5the county attorney who prosecuted the case.
6b. Notwithstanding any earned discharge credit under
7subsection 6 or any earned educational credit under subsection
87, upon successful completion of one-half of the length
9of a defendant’s probation set pursuant to this section, a
10probation officer shall petition the court for discharge of the
11defendant’s probation. The court shall review the defendant’s
12criminal record and consider whether to reduce the defendant’s
13probation, to discharge the defendant from probation, or to
14reduce the terms and conditions of the defendant’s probation
15based upon the probation officer’s report. The court shall not
16discharge the defendant from probation or reduce the period or
17terms and conditions of probation if the defendant is subject
18to a payment plan, has been found able to afford payments but
19is purposely avoiding making payments, or has not completed
20court-ordered counseling or treatment.
21c. The court shall hold a hearing to review a probation
22officer’s request for discharge of a defendant from probation
23not less than once every six months after the defendant has
24completed one-half of the length of probation, unless the
25defendant is subsequently convicted of a new crime. The
26court shall give reasonable notice to the defendant and the
27prosecuting attorney of any hearing and the defendant shall
28have the right to appear at the hearing.
29 Sec. 5. Section 907.9, subsection 4, paragraphs a and b,
30Code 2021, are amended to read as follows:
31a. At the expiration of the period of probation, if the
32fees imposed under section 905.14 and court debt collected
33pursuant to section 602.8107 have been paid and court debt
34have been paid or are subject to a payment plan, the court
35shall order the discharge of the person from probation. If
-2-1portions of the court debt remain unpaid, the person shall
2establish a payment plan with the clerk of the district court
3or the county attorney prior to the discharge. The payment
4plan shall be based on the defendant’s ability to pay. The
5court shall forward to the governor a recommendation for or
6against restoration of citizenship rights to that person upon
7discharge. If the court’s recommendation to the governor
8is against the restoration of the defendant’s citizenship
9rights, the court shall provide a written explanation of
10its recommendation to the defendant and give notice to the
11defendant of the defendant’s right to appear at a hearing. A
12person who has been discharged from probation shall no longer
13be held to answer for the person’s offense.
14b. Upon discharge from probation, if judgment has been
15deferred under section 907.3, the court’s criminal record with
16reference to the deferred judgment, any counts dismissed by the
17court, which were contained in the indictment, information,
18or complaint that resulted in the deferred judgment, and
19any other related charges that were not contained in the
20indictment, information, or complaint but were dismissed, shall
21be expunged. However, the court’s record shall not be expunged
22until the person has paid, or is subject to a payment plan,
23for the restitution, civil penalties, court costs, fees, or
24other financial obligations ordered by the court or assessed
25by the clerk of the district court in the case that includes
26the deferred judgment. The expunged record is a confidential
27record exempt from public access under section 22.7 but shall
28be made available by the clerk of the district court, upon
29request and without court order, to an agency or person granted
30access to the deferred judgment docket under section 907.4,
31subsection 2. The court’s record shall not be expunged in any
32other circumstances unless authorized by law.
33 Sec. 6. Section 907.9, Code 2021, is amended by adding the
34following new subsections:
35 NEW SUBSECTION. 6. a. A defendant on probation shall
-3-1be eligible to earn a discharge credit from the defendant’s
2term of probation for each full calendar month in which the
3defendant is in compliance with the terms of the defendant’s
4probation.
5b. A defendant shall not earn a discharge credit for a
6calendar month in which a violation has occurred, the defendant
7has absconded from probation, or the defendant is incarcerated.
8c. A defendant shall not earn a discharge credit for a
9partial calendar month or the last full calendar month of
10probation.
11d. A discharge credit shall be applied to the termination
12date of the defendant’s probation within thirty days of the end
13of the calendar month in which the discharge credit was earned.
14 NEW SUBSECTION. 7. A defendant on probation shall be
15eligible to earn an educational credit from the defendant’s
16term of probation for each full calendar month in which the
17defendant is in compliance with the terms of the defendant’s
18probation.
19 NEW SUBSECTION. 8. A defendant’s probation officer shall
20notify the court when a defendant earns a discharge credit
21or educational credit pursuant to subsection 6 or 7. Upon
22receipt of a notice from the defendant’s probation officer,
23the court shall conduct a review of the defendant’s probation
24to determine if the defendant is eligible for a reduction or
25termination of probation, taking into account any discharge
26credit and educational credit the defendant has earned. A
27defendant may earn both a discharge credit and an educational
28credit to be applied toward the completion of the defendant’s
29probation in accordance with this subsection.
30 Sec. 7. NEW SECTION. 907.12 Probation revocation —
31resentencing.
321. a. The court shall not impose a sentence of imprisonment
33upon revoking probation unless the court finds any of the
34following:
35(1) The defendant has been convicted of a new felony or
-4-1misdemeanor.
2(2) The defendant’s conduct indicates it is likely the
3defendant will commit another crime and no other condition of
4supervision or treatment would decrease this likelihood based
5upon the testimony of the defendant’s probation officer.
6b. If the court finds any of the factors in paragraph “a”,
7the court shall follow the following sentencing guidelines:
8(1) The court shall not sentence the defendant to
9imprisonment on a first or second technical violation.
10(2) The court may impose a sentence of up to seven days of
11imprisonment upon a third technical violation.
12(3) The court may impose a sentence of up to fifteen days of
13imprisonment upon a fourth technical violation.
14(4) The court may impose a sentence of up to thirty days of
15imprisonment for a technical violation of certain conditions of
16probation specified at the beginning of the defendant’s period
17of probation.
182. There shall be no revocation of probation, imprisonment,
19or increase in the terms and conditions of probation under this
20section except upon the conclusion of a technical violation
21revocation hearing in accordance with this subsection.
22a. Upon an allegation of a technical violation of a
23defendant by the defendant’s probation officer, a written
24request for a technical violation revocation hearing shall be
25filed with the court.
26b. The court shall schedule a technical violation revocation
27hearing within a reasonable time after receiving a written
28request for a hearing.
29c. The technical violation revocation hearing shall be held
30before the defendant’s sentencing judge, if available.
31d. The court shall hold a technical violation revocation
32hearing to determine whether the facts warrant revocation of
33a defendant’s probation and whether probation is still an
34effective vehicle to accomplish rehabilitation of the defendant
35and a sufficient deterrent against future criminal conduct.
-5- 1e. The defendant shall have the right to confront and
2cross-examine witnesses.
33. a. Following a technical violation revocation hearing,
4and prior to resentencing, the court shall give the defendant
5the opportunity to be heard and the defendant shall be entitled
6to representation by an attorney. If the defendant is indigent
7or incapable of requesting an attorney, the court shall appoint
8an attorney to represent the defendant.
9b. The court shall state on the record the reasons for the
10sentence imposed.
11c. The court shall advise the defendant on the record of
12the right to file a motion to modify the sentence, the right to
13appeal, and of the right to the assistance of an attorney in
14the preparation of the motion and appeal. The court shall also
15advise the defendant of the time within which the defendant
16must exercise the rights in this paragraph.
17d. The court shall require that a record of the resentencing
18proceeding be made and preserved to allow the record to be
19transcribed including the record of any stipulation made
20between the parties at any presentence hearing.
214. A motion to modify a sentence imposed after a technical
22violation revocation hearing shall be filed within ten days
23of the sentencing order. The filing of a motion to modify a
24sentence shall not toll the thirty-day appeal period.
255. The court may revoke an order of probation upon proof
26of a violation of any of the following specified conditions of
27probation:
28a. If a defendant has been convicted of a new felony, the
29sentencing alternatives available to the court shall be the
30same as were available at the time of a defendant’s initial
31sentencing, and consideration shall be given to the defendant’s
32time spent serving the order of probation.
33b. If a defendant has been convicted of a new misdemeanor,
34the sentencing alternatives available to the court shall be the
35same as were available at the time of the defendant’s initial
-6-1sentencing; however, the defendant’s sentence may include a
2term of imprisonment of up to ninety days.
3 Sec. 8. NEW SECTION. 907.15 Payment of fines and fees.
41. The court shall direct that a defendant pay fines and
5fees in conjunction with a term of probation, and shall create
6a payment plan based upon the defendant’s ability to pay.
72. The court, upon the receipt of a petition from a
8probation officer for termination of a defendant’s probation,
9shall not consider the defendant’s lack of payment of fines and
10fees as a disqualifying factor for early termination of the
11defendant’s probation unless the defendant has been found to
12be able to afford payments but has purposefully avoided making
13payments.
143. A defendant who is compliant with the conditions of
15probation shall not be precluded from obtaining a driver’s
16license due to lack of payment of fines and fees, unless a
17defendant has been found to be able to afford payments but has
18purposefully avoided making payments.
19 Sec. 9. EFFECTIVE DATE. This Act, being deemed of immediate
20importance, takes effect upon enactment.
21EXPLANATION
22The inclusion of this explanation does not constitute agreement with
23the explanation’s substance by the members of the general assembly.
24This bill relates to probation, provides penalties, and
25includes effective date provisions.
26Iowa law provides that upon a plea of guilty, a verdict
27of guilty, or a special verdict upon which a judgment of
28conviction may be rendered, the trial court may defer judgment
29and may place the defendant on probation upon conditions as
30it may require, defer the sentence and assign the defendant
31to a judicial district department of correctional service,
32or suspend the sentence and place the defendant on probation
33upon such terms and conditions as it may require including
34commitment to an alternate jail facility or a community
35correctional residential treatment facility to be followed by
-7-1a period of probation.
2LENGTH OF PROBATION. Under current law, the length of a
3defendant’s probation shall not be less than one year if the
4offense for which a defendant was convicted is a misdemeanor
5and shall not be less than two years if the offense for which a
6defendant was convicted is a felony. The bill changes these
7minimum probation periods to not less than six months if the
8offense is a misdemeanor and to not less than one year if the
9offense is a felony. The bill provides that the court shall
10not impose a period of probation consecutive to another imposed
11period of probation.
12DISCHARGE FROM PROBATION. Current law requires fees and
13court debt to be paid before a defendant can be discharged
14from probation. The bill allows a defendant to be discharged
15from probation if the court determines that the purposes of
16probation have been fulfilled and fees and court debt have been
17paid or are subject to a payment plan. The bill requires a
18probation officer to petition the court for the defendant’s
19discharge if the defendant has successfully completed one-half
20of the length of the defendant’s probation. The court shall
21hold a hearing to review the defendant’s case and determine
22whether to reduce the period of probation, terminate the period
23of probation, or reduce the conditions of probation based on
24the probation officer’s report. Such a hearing shall be held
25every six months after the defendant has completed one-half
26of the term of probation. The defendant and the prosecuting
27attorney shall have notice of the hearing and the defendant
28shall have the right to appear at the hearing. The court shall
29not consider the defendant’s lack of payment of fines and fees
30as a disqualifying factor for early termination of probation
31unless the defendant is found to be able to afford payments and
32is purposefully avoiding making payments. The court shall not
33discharge the defendant from probation or reduce the period or
34terms and conditions of probation if the defendant is subject
35to a payment plan, has been found able to afford payments but
-8-1is purposefully avoiding making payments, or has not completed
2court-ordered counseling or treatment.
3RESTORATION OF RIGHTS. Under current law, the court shall
4forward a recommendation to the governor either for or against
5the restoration of a defendant’s citizenship rights. Under the
6bill, if the court’s recommendation is against the restoration
7of a defendant’s citizenship rights, the court must provide a
8written explanation of its recommendation to the defendant and
9give notice to the defendant of the defendant’s right to appear
10at a hearing.
11DISCHARGE AND EDUCATION CREDITS. The bill provides that a
12defendant shall earn a discharge credit of 14 days’ reduction
13from the defendant’s term of probation for each full calendar
14month in which the defendant has not violated any terms of
15probation. A defendant on probation shall earn an educational
16credit and have the defendant’s probation sentence reduced by
1790 days if, during the period of probation, the defendant earns
18a high school diploma or high school equivalency certificate
19or successfully completes a certified vocational program,
20certified technical program, certified career education
21program, or training program.
22The bill defines “discharge credit” as a 14-day reduction
23from a defendant’s term of probation for each full calendar
24month the defendant is in compliance with the defendant’s term
25of probation and “educational credit” as a 90-day reduction
26from a defendant’s term of probation when a defendant earns
27a high school diploma or high school equivalency certificate
28or completes a certified vocational, technical, or career
29education or training program.
30PAYMENT OF FINES AND FEES. The bill provides that the
31court shall direct a defendant to pay fines and fees in
32conjunction with a term of probation, and the court shall
33create a payment plan based upon the defendant’s ability to
34pay. Upon the receipt of a petition from a probation officer
35for termination of a defendant’s probation, the court shall not
-9-1consider the defendant’s lack of payment of fines and fees as a
2disqualifying factor for early termination of the defendant’s
3probation unless the defendant has been found to be able to
4afford payments but has purposefully avoided making those
5payments. The bill provides that a defendant who is compliant
6with the conditions of probation is not precluded from
7obtaining an Iowa state driver’s license due to lack of payment
8of fines and fees, unless the defendant is found to be able to
9afford payments and is purposefully avoiding making payments.
10EXPUNGEMENT. Under current law, upon a defendant’s
11discharge from probation, if the defendant’s judgment has been
12deferred, the court’s criminal record of the deferred judgment
13and other related information shall be expunged but expungement
14is only allowed if the defendant has paid for all restitution,
15civil penalties, court costs, fees, or other obligations. The
16bill allows for expungement under these circumstances if the
17defendant has a payment plan in place for any such financial
18obligations.
19PROBATION VIOLATIONS — REVOCATION AND RESENTENCING. Under
20the bill, upon a violation of probation, the court shall not
21impose a sentence of imprisonment unless the defendant has
22been convicted of a new crime or, based on the testimony
23of the defendant’s probation officer, the conduct of the
24defendant indicates that it is likely that the defendant will
25commit another crime and no other condition of supervision or
26treatment would decrease this likelihood. If the defendant
27meets either of those factors, the court shall not sentence the
28defendant to prison on a first or second technical violation,
29the court may sentence the defendant to up to seven days
30in prison upon a third technical violation, the court may
31sentence the defendant to up to 15 days in prison upon a fourth
32technical violation, and the court may sentence the defendant
33to up to 30 days in prison for technical violations of specific
34conditions.
35The bill requires a technical revocation hearing and sets
-10-1out provisions for the hearing, including the defendant’s right
2to be heard. The court may revoke probation if the defendant
3has been convicted of a new crime. The bill defines “technical
4violation” as any violation by the defendant of the terms
5and conditions of probation other than a conviction of the
6defendant for a new crime.
7The bill takes effect upon enactment.
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