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House Study Bill 607 - IntroducedA Bill ForAn Act 1relating to probation including the length of probation,
2discharge from probation, payment of fines and fees, and
3probation violations.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 907.1, Code 2022, is amended by adding
2the following new subsections:
3 NEW SUBSECTION. 01. “Adult criminal problem-solving court”
4means a court program under direct supervision of a judge
5established to treat drug or alcohol addiction or mental
6illness of adults charged with criminal offenses.
7 NEW SUBSECTION. 2A. “Discharge credit” means a fourteen-
8day reduction from a defendant’s term of probation for each
9full calendar month the defendant is in compliance with the
10terms of the defendant’s probation.
11 NEW SUBSECTION. 2B. “Educational credit” means a ninety-
12day reduction from a defendant’s term of probation when
13a defendant earns a high school diploma or high school
14equivalency certificate or completes a certified vocational,
15technical, or career education or training program.
16 NEW SUBSECTION. 6. “Special probation program” means a
17program under the supervision of a district court or a judicial
18district department of correctional services established to
19treat drug or alcohol addiction, mental illness, or domestic
20or sexual abuse of the parties involved in a criminal case,
21or to improve outcomes for persons involved in the program
22including an intermediate criminal sanctions program under
23section 901B.1.
24 NEW SUBSECTION. 7. “Technical violation” means a violation
25by the defendant of the terms and conditions of probation other
26than a conviction of the defendant for a new crime.
27 Sec. 2. Section 907.7, subsection 2, Code 2022, is amended
28by striking the subsection.
29 Sec. 3. Section 907.9, subsections 1 and 2, Code 2022, are
30amended to read as follows:
311. At any time that the court determines that the purposes
32of probation have been fulfilled and fees imposed under section
33905.14 and court debt collected pursuant to section 602.8107
34have been paid or are subject to a payment plan, the court may
35order the discharge of a person defendant from probation.
-1- 12. a. At any time that a probation officer determines
2that the purposes of probation have been fulfilled and fees
3imposed under section 905.14 and court debt collected pursuant
4to section 602.8107 have been paid or are subject to a payment
5plan, the officer may order the discharge of a person defendant
6 from probation after approval of the district director and
7notification of the sentencing court and the county attorney
8who prosecuted the case.
9b. Notwithstanding any earned discharge credit accrued under
10subsection 6 or any educational credit accrued under subsection
117, a defendant’s probation officer shall complete a probation
12status report no later than halfway through the defendant’s
13probation term and provide a copy of the probation status
14report to the defendant containing one of the following:
15(1) An order that the defendant be discharged from probation
16early under paragraph “a” after approval of the district
17director and notification of the sentencing court and the
18county attorney who prosecuted the case.
19(2) A recommendation that the defendant’s probation be
20continued with reduced terms and conditions along with a
21description of the defendant’s progress on probation and the
22conditions that must still be completed before the defendant
23may be discharged from probation.
24(3) A recommendation that the defendant’s probation be
25continued as previously ordered along with a description of the
26defendant’s progress on probation and the conditions that must
27still be completed before the defendant may be discharged from
28probation.
29c. (1) If the defendant’s probation status report
30recommends the defendant continue probation with reduced terms
31and conditions under paragraph “b”, subparagraph (2), or that
32the defendant’s probation continue as previously ordered under
33paragraph “b”, subparagraph (3), the probation officer shall
34include a description of why continued probation is necessary
35and beneficial and shall also include any discharge credits and
-2-1educational credits the defendant has accrued.
2(2) If the probation status report does not recommend
3early termination of the defendant’s probation, the defendant
4may request further administrative review on the issue
5of early termination of the defendant’s probation by the
6probation officer’s supervisor. The requested review shall
7be held no later than fourteen days from the date of the
8defendant’s request. During the review, the probation
9officer’s supervisor shall review the probation status report;
10the defendant’s progress and conduct on probation including
11whether the defendant has attended court-ordered mandatory
12counseling or treatment and whether the defendant is subject
13to a payment plan and has been found to afford payments
14but is purposely avoiding making payments; the underlying
15offense and its relationship to the conditions of probation
16imposed on the defendant; the defendant’s criminal record;
17and any mitigating factors to determine whether to reduce the
18terms and conditions of the defendant’s probation, continue
19the defendant’s probation, or discharge the defendant from
20probation. Following this review, the supervisor shall issue
21an addendum to the original probation status report and provide
22a copy of the addendum and original probation status report
23to the defendant, including either a new recommendation or
24order regarding the matter of early termination as outlined
25under paragraph “b” or noting a continuation of the original
26recommendation. The addendum shall include the supervisor’s
27rationale for the change in recommendation or continuation of
28the original recommendation.
29d. Nothing in this subsection shall preclude a probation
30officer or the court from terminating the defendant’s probation
31early at any time under subsection 1 or this subsection or
32under any other applicable provision.
33e. Paragraphs “b” and “c” shall not apply to proceedings
34in adult criminal problem-solving courts and special probation
35programs.
-3-1 Sec. 4. Section 907.9, subsection 4, paragraphs a and b,
2Code 2022, are amended to read as follows:
3a. At the expiration of the period of probation, if the fees
4imposed under section 905.14 and court debt collected pursuant
5to section 602.8107 have been paid or are subject to a payment
6plan, the court shall order the discharge of the person from
7probation. If portions of the court debt remain unpaid, the
8person shall establish a payment plan with the clerk of the
9district court or the county attorney prior to the discharge.
10The payment plan shall be based upon the defendant’s ability to
11pay. The court shall forward to the governor a recommendation
12for or against restoration of citizenship rights to that
13person upon discharge. If the court’s recommendation to the
14governor is not in favor of the restoration of the defendant’s
15citizenship rights, the court shall provide a written
16explanation of its recommendation to the defendant and give
17notice to the defendant of the defendant’s right to appear at a
18hearing. A person who has been discharged from probation shall
19no longer be held to answer for the person’s offense.
20b. Upon discharge from probation, if judgment has been
21deferred under section 907.3, the court’s criminal record with
22reference to the deferred judgment, any counts dismissed by the
23court, which were contained in the indictment, information,
24or complaint that resulted in the deferred judgment, and
25any other related charges that were not contained in the
26indictment, information, or complaint but were dismissed, shall
27be expunged. However, the court’s record shall not be expunged
28until the person has paid, or is subject to a payment plan,
29for the restitution, civil penalties, court costs, fees, or
30other financial obligations ordered by the court or assessed
31by the clerk of the district court in the case that includes
32the deferred judgment. The expunged record is a confidential
33record exempt from public access under section 22.7 but shall
34be made available by the clerk of the district court, upon
35request and without court order, to an agency or person granted
-4-1access to the deferred judgment docket under section 907.4,
2subsection 2. The court’s record shall not be expunged in any
3other circumstances unless authorized by law.
4 Sec. 5. Section 907.9, Code 2022, is amended by adding the
5following new subsections:
6 NEW SUBSECTION. 6. a. A defendant on probation shall
7be eligible to earn a discharge credit from the defendant’s
8term of probation for each full calendar month in which the
9defendant is in compliance with the terms of the defendant’s
10probation.
11b. A defendant shall not earn a discharge credit for a
12calendar month in which a violation has occurred, the defendant
13has absconded from probation, or the defendant is incarcerated.
14c. A defendant shall not earn a discharge credit for a
15partial calendar month or the last full calendar month of
16probation.
17d. A discharge credit shall be applied to the termination
18date of the defendant’s probation within thirty days of the end
19of the calendar month in which the discharge credit was earned.
20 NEW SUBSECTION. 7. A defendant on probation shall be
21eligible to earn an educational credit from the defendant’s
22term of probation for each full calendar month in which the
23defendant is in compliance with the terms of the defendant’s
24probation.
25 NEW SUBSECTION. 8. At least once a year, and in the
26probation status report provided halfway through the
27defendant’s period of probation pursuant to subsection 2,
28paragraph “b”, the defendant’s probation officer shall provide
29the defendant with an accounting of the defendant’s discharge
30credits and educational credits that have accrued pursuant to
31subsections 6 and 7. A defendant may earn both a discharge
32credit and an educational credit to be applied toward the
33completion of the defendant’s probation in accordance with
34this subsection. A defendant may seek administrative review
35and recalculation of the defendant’s discharge credits and
-5-1educational credits contained in the defendant’s probation
2status report. The department of corrections shall adopt
3rules to implement the review and recalculation of discharge
4and educational credits awarded under this section. A
5defendant may seek judicial review of the credit calculations
6at a hearing to modify the credit calculations or for early
7termination of probation.
8 NEW SUBSECTION. 9. Subsections 6, 7, and 8 shall not apply
9to proceedings in adult criminal problem-solving courts and
10special probation programs.
11 NEW SUBSECTION. 10. The department of corrections shall
12collect information and report annually in a public report made
13available no later than December 1 of each year the number of
14persons on probation who have earned educational and discharge
15credits pursuant to this section during that year, the average
16amount of credits earned per individual during that year, the
17total number of supervision days reduced due to the awarding
18of credits pursuant to this section during that year, and the
19number of defendants terminated from probation early that year
20pursuant to this section.
21 Sec. 6. NEW SECTION. 907.15 Payment of fines and fees.
221. The court shall direct that a defendant pay any monetary
23obligations imposed in conjunction with a term of probation,
24and shall create a payment plan based upon the defendant’s
25ability to pay which shall include a plan of payment for
26restitution owed pursuant to section 910.2 and section 910.4,
27subsection 4.
282. The court, upon the receipt of a petition from a
29probation officer for termination of a defendant’s probation,
30shall not consider the defendant’s lack of payment of fines and
31fees as a disqualifying factor for early termination of the
32defendant’s probation unless the defendant has been found to
33be able to afford payments but has purposely avoided making
34payments.
353. A defendant who is compliant with the conditions of
-6-1probation shall not be precluded from obtaining a driver’s
2license due to lack of payment of fines and fees, unless a
3defendant has been found to be able to afford payments but has
4purposely avoided making payments.
54. A determination of a defendant’s ability to pay shall
6include the factors set forth in the court’s financial
7affidavit under sections 815.9 and 908.2A. A defendant may
8petition the court for review of the defendant’s financial
9status pursuant to section 910.7.
10 Sec. 7. Section 908.11, Code 2022, is amended to read as
11follows:
12908.11 Violation of probation.
131. A probation officer or the judicial district department
14of correctional services having probable cause to believe that
15any person defendant released on probation has violated the
16conditions of probation shall proceed by arrest or summons
17as in the case of a parole violation utilize a violation
18response matrix to determine the severity of the violation,
19any protective factors that mitigate the risk, and the
20correlating appropriate sanction. This section shall not apply
21to proceedings in adult criminal problem-solving courts and
22special probation programs.
232. There shall be a presumption against incarceration for
24technical violations of supervision.
253. A sentence of incarceration upon revocation shall not be
26imposed unless the court finds either of the following:
27a. The defendant has committed a new felony or misdemeanor.
28b. The violation response matrix authorizes incarceration
29under such circumstances.
304. The probation officer may proceed internally, without
31court intervention, by arrest or by summons depending on the
32severity of the alleged violation and the level of risk.
335. For any alleged violation for which the probation officer
34seeks to increase the defendant’s conditions of supervision
35or extend the length of the defendant’s supervision, the
-7-1defendant has the right to request a supervision hearing.
2For any alleged violation for which the probation officer
3seeks to revoke supervision or incarcerate the defendant, a
4hearing under this section is required and no such sanction may
5commence until and unless the violation is established.
62. 6. The If the sanctions require court intervention, the
7 functions of the liaison officer and the board of parole shall
8be performed by the judge or magistrate who placed the alleged
9violator on probation if that judge or magistrate is available,
10otherwise by another judge or magistrate who would have had
11jurisdiction to try the original offense.
123. 7. If the probation officer proceeds by arrest, any
13magistrate may receive the complaint, issue an arrest warrant,
14or conduct the initial appearance and probable cause hearing
15if it is not convenient for the judge who placed the alleged
16violator on probation to do so. The initial appearance,
17probable cause hearing, and probation revocation hearing, or
18any of them, may at the discretion of the court be merged into
19a single hearing when it appears that the alleged violator will
20not be prejudiced by the merger.
214. 8. If the violation is established, the court may
22continue the probation or youthful offender status with or
23without an alteration of the conditions of probation or a
24youthful offender status in accordance with the violation
25response matrix. If Pursuant to the violation response matrix,
26if the defendant is an adult or a youthful offender, the court
27may hold the defendant in contempt of court and sentence the
28defendant to a jail term while continuing the probation or
29youthful offender status, order the defendant to be placed in
30a violator facility established pursuant to section 904.207
31while continuing the probation or youthful offender status,
32extend the period of probation for up to one year as authorized
33in section 907.7 while continuing the probation or youthful
34offender status, or revoke the probation or youthful offender
35status and require the defendant to serve the sentence imposed
-8-1or any lesser sentence, and, if imposition of sentence was
2deferred, may impose any sentence which might originally have
3been imposed.
45. 9. Notwithstanding any other provision of law to the
5contrary, if the court revokes the probation of a defendant
6who received a deferred judgment and imposes a fine, the court
7shall reduce the amount of the fine by an amount equal to the
8amount of the civil penalty previously assessed against the
9defendant pursuant to section 907.14. However, the court shall
10assess any required surcharge, court cost, or fee upon the
11total amount of the fine prior to reduction pursuant to this
12subsection.
1310. For purposes of this section, “violation response
14matrix” means an assessment tool developed by a judicial
15district department of correctional services to assess the
16severity of a violation and to inform a violation response
17decision.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to the length of probation, discharge from
22probation, payment of fines and fees, and probation violations.
23LENGTH OF PROBATION. The bill strikes the provision that
24requires the length of probation shall not be less than one
25year if the offense is a misdemeanor and shall not be less than
26two years if the offense is a felony.
27DISCHARGE OF PROBATION — PROCEDURE. The bill provides
28that at any time the court, or a probation officer, determines
29that the purposes of probation have been fulfilled and fees
30imposed and court debt collected have been paid or are subject
31to a payment plan, the court or probation officer may order
32the discharge of a person from probation after approval of the
33district director of correctional services and notification of
34the sentencing court and the county attorney who prosecuted the
35case.
-9- 1The bill provides that notwithstanding any earned discharge
2credit or any educational credit accrued, a defendant’s
3probation officer shall complete a probation status report
4no later than halfway through the defendant’s probation
5term and provide a copy of the probation status report to
6the defendant containing one of the following: an order
7that the defendant be discharged from probation early, a
8recommendation that the defendant’s probation be continued with
9reduced terms and conditions, or a recommendation that the
10defendant’s probation be continued as previously ordered. If
11the defendant’s probation status report recommends that the
12defendant continue probation with reduced terms and conditions
13or that the defendant’s probation continue as previously
14ordered, the probation officer shall include a description of
15why continued probation is necessary and beneficial and shall
16also include any discharge credits and educational credits the
17defendant has accrued. If the probation status report does
18not recommend early termination of the defendant’s probation,
19the defendant may request further administrative review. The
20provisions shall not apply to proceedings in adult criminal
21problem-solving courts and special probation programs.
22DISCHARGE FROM PROBATION. The bill provides that at the
23expiration of the period of probation, if the fees have been
24paid or are subject to a payment plan, the court shall order
25the discharge of the person from probation. If portions of
26the court debt remain unpaid, the person shall establish a
27payment plan based upon the defendant’s ability to pay with
28the clerk of the district court or the county attorney prior
29to the discharge. The court shall forward to the governor a
30recommendation for or against restoration of citizenship rights
31to that person upon discharge. If the court’s recommendation
32to the governor is against the restoration of the defendant’s
33citizenship rights, the court shall provide a written
34explanation of its recommendation to the defendant and give
35notice to the defendant of the defendant’s right to appear at
-10-1a hearing.
2DISCHARGE AND EDUCATION CREDITS. The bill provides that a
3defendant on probation shall be eligible to earn a discharge
4credit from the defendant’s term of probation for each full
5calendar month in which the defendant is in compliance with
6the terms of the defendant’s probation, which shall be applied
7to the termination date of the defendant’s probation within 30
8days of the end of the calendar month in which the discharge
9credit was earned. A defendant shall not earn a discharge
10credit for a calendar month in which a violation has occurred,
11the defendant has absconded from probation, or the defendant is
12incarcerated. A defendant shall not earn a discharge credit
13for a partial calendar month or the last full calendar month of
14probation. A defendant on probation shall be eligible to earn
15an educational credit from the defendant’s term of probation
16for each full calendar month in which the defendant is in
17compliance with the terms of the defendant’s probation.
18The bill provides that at least once a year, and in
19the probation status report provided halfway through the
20defendant’s period of probation, the defendant’s probation
21officer shall provide the defendant with an accounting of the
22defendant’s discharge credits and educational credits that have
23accrued. A defendant may earn both a discharge credit and an
24educational credit to be applied toward the completion of the
25defendant’s probation. A defendant may seek administrative
26review and recalculation of the defendant’s discharge credits
27and educational credits contained in the defendant’s probation
28status report. A defendant may seek judicial review of
29the credit calculations at a hearing to modify or for early
30termination of probation.
31The bill provisions involving discharge and educational
32credits shall not apply to proceedings in adult criminal
33problem-solving courts and special probation programs.
34The bill requires that the department of corrections
35collect information and report annually in a public report made
-11-1available no later than December 1 each year the number of
2persons on probation who have earned educational and discharge
3credits during that year, the average amount of credits earned
4per defendant during that year, the total number of supervision
5days reduced due to the awarding of credits during that year,
6and the number of defendants terminated from probation early
7that year.
8PAYMENT OF FINES AND FEES. The bill provides that the
9court shall direct a defendant to pay any monetary obligations
10imposed in conjunction with a term of probation, and shall
11create a payment plan based upon the defendant’s ability to pay
12which shall include a plan of payment for restitution owed.
13The court, upon the receipt of a petition from a probation
14officer for termination of a defendant’s probation, shall
15not consider the defendant’s lack of payment of fines and
16fees as a disqualifying factor for early termination of the
17defendant’s probation unless the defendant has been found to
18be able to afford payments but has purposely avoided making
19payments. A defendant who is compliant with the conditions
20of probation shall not be precluded from obtaining a driver’s
21license due to lack of payment of fines and fees, unless a
22defendant has been found to be able to afford payments but
23has purposely avoided making payments. A determination of
24a defendant’s ability to pay shall include the factors set
25forth in the court’s financial affidavit under Code sections
26815.9 (indigency determination) and 908.2A (appointment of
27attorney). A defendant may petition the court for review of
28the defendant’s financial status pursuant to Code section 910.7
29(petition for restitution plan hearing).
30VIOLATION OF PROBATION. The bill provides that a probation
31officer or the judicial district department of correctional
32services having probable cause to believe that any person
33released on probation has violated the conditions of probation
34shall utilize a violation response matrix to determine the
35severity of the violation, any protective factors that mitigate
-12-1the risk, and the correlating appropriate sanction. This
2provision shall not apply to proceedings in adult criminal
3problem-solving courts and special probation programs.
4There is a presumption against incarceration for technical
5violations of supervision. A sentence of incarceration upon
6revocation shall not be imposed unless the court finds that the
7defendant has committed a new felony or misdemeanor, or the
8violation response matrix authorizes incarceration under such
9circumstances. The probation officer may proceed internally
10without court intervention, by arrest or by summons depending
11on the severity of the alleged violation and the level of risk.
12For any alleged violation for which the probation officer
13seeks to increase the defendant’s conditions of supervision or
14length of supervision, the defendant has the right to request
15a supervision hearing. A hearing is required for any alleged
16violation for which the probation officer seeks to revoke
17supervision or incarcerate the defendant.
18The bill provides definitions for “adult criminal problem-
19solving court”, “discharge credit”, “educational credit”,
20“special probation program”, “technical violation”, and
21“violation response matrix”.
-13-as/rh
2discharge from probation, payment of fines and fees, and
3probation violations.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 907.1, Code 2022, is amended by adding
2the following new subsections:
3 NEW SUBSECTION. 01. “Adult criminal problem-solving court”
4means a court program under direct supervision of a judge
5established to treat drug or alcohol addiction or mental
6illness of adults charged with criminal offenses.
7 NEW SUBSECTION. 2A. “Discharge credit” means a fourteen-
8day reduction from a defendant’s term of probation for each
9full calendar month the defendant is in compliance with the
10terms of the defendant’s probation.
11 NEW SUBSECTION. 2B. “Educational credit” means a ninety-
12day reduction from a defendant’s term of probation when
13a defendant earns a high school diploma or high school
14equivalency certificate or completes a certified vocational,
15technical, or career education or training program.
16 NEW SUBSECTION. 6. “Special probation program” means a
17program under the supervision of a district court or a judicial
18district department of correctional services established to
19treat drug or alcohol addiction, mental illness, or domestic
20or sexual abuse of the parties involved in a criminal case,
21or to improve outcomes for persons involved in the program
22including an intermediate criminal sanctions program under
23section 901B.1.
24 NEW SUBSECTION. 7. “Technical violation” means a violation
25by the defendant of the terms and conditions of probation other
26than a conviction of the defendant for a new crime.
27 Sec. 2. Section 907.7, subsection 2, Code 2022, is amended
28by striking the subsection.
29 Sec. 3. Section 907.9, subsections 1 and 2, Code 2022, are
30amended to read as follows:
311. At any time that the court determines that the purposes
32of probation have been fulfilled and fees imposed under section
33905.14 and court debt collected pursuant to section 602.8107
34have been paid or are subject to a payment plan, the court may
35order the discharge of a person defendant from probation.
-1- 12. a. At any time that a probation officer determines
2that the purposes of probation have been fulfilled and fees
3imposed under section 905.14 and court debt collected pursuant
4to section 602.8107 have been paid or are subject to a payment
5plan, the officer may order the discharge of a person defendant
6 from probation after approval of the district director and
7notification of the sentencing court and the county attorney
8who prosecuted the case.
9b. Notwithstanding any earned discharge credit accrued under
10subsection 6 or any educational credit accrued under subsection
117, a defendant’s probation officer shall complete a probation
12status report no later than halfway through the defendant’s
13probation term and provide a copy of the probation status
14report to the defendant containing one of the following:
15(1) An order that the defendant be discharged from probation
16early under paragraph “a” after approval of the district
17director and notification of the sentencing court and the
18county attorney who prosecuted the case.
19(2) A recommendation that the defendant’s probation be
20continued with reduced terms and conditions along with a
21description of the defendant’s progress on probation and the
22conditions that must still be completed before the defendant
23may be discharged from probation.
24(3) A recommendation that the defendant’s probation be
25continued as previously ordered along with a description of the
26defendant’s progress on probation and the conditions that must
27still be completed before the defendant may be discharged from
28probation.
29c. (1) If the defendant’s probation status report
30recommends the defendant continue probation with reduced terms
31and conditions under paragraph “b”, subparagraph (2), or that
32the defendant’s probation continue as previously ordered under
33paragraph “b”, subparagraph (3), the probation officer shall
34include a description of why continued probation is necessary
35and beneficial and shall also include any discharge credits and
-2-1educational credits the defendant has accrued.
2(2) If the probation status report does not recommend
3early termination of the defendant’s probation, the defendant
4may request further administrative review on the issue
5of early termination of the defendant’s probation by the
6probation officer’s supervisor. The requested review shall
7be held no later than fourteen days from the date of the
8defendant’s request. During the review, the probation
9officer’s supervisor shall review the probation status report;
10the defendant’s progress and conduct on probation including
11whether the defendant has attended court-ordered mandatory
12counseling or treatment and whether the defendant is subject
13to a payment plan and has been found to afford payments
14but is purposely avoiding making payments; the underlying
15offense and its relationship to the conditions of probation
16imposed on the defendant; the defendant’s criminal record;
17and any mitigating factors to determine whether to reduce the
18terms and conditions of the defendant’s probation, continue
19the defendant’s probation, or discharge the defendant from
20probation. Following this review, the supervisor shall issue
21an addendum to the original probation status report and provide
22a copy of the addendum and original probation status report
23to the defendant, including either a new recommendation or
24order regarding the matter of early termination as outlined
25under paragraph “b” or noting a continuation of the original
26recommendation. The addendum shall include the supervisor’s
27rationale for the change in recommendation or continuation of
28the original recommendation.
29d. Nothing in this subsection shall preclude a probation
30officer or the court from terminating the defendant’s probation
31early at any time under subsection 1 or this subsection or
32under any other applicable provision.
33e. Paragraphs “b” and “c” shall not apply to proceedings
34in adult criminal problem-solving courts and special probation
35programs.
-3-1 Sec. 4. Section 907.9, subsection 4, paragraphs a and b,
2Code 2022, are amended to read as follows:
3a. At the expiration of the period of probation, if the fees
4imposed under section 905.14 and court debt collected pursuant
5to section 602.8107 have been paid or are subject to a payment
6plan, the court shall order the discharge of the person from
7probation. If portions of the court debt remain unpaid, the
8person shall establish a payment plan with the clerk of the
9district court or the county attorney prior to the discharge.
10The payment plan shall be based upon the defendant’s ability to
11pay. The court shall forward to the governor a recommendation
12for or against restoration of citizenship rights to that
13person upon discharge. If the court’s recommendation to the
14governor is not in favor of the restoration of the defendant’s
15citizenship rights, the court shall provide a written
16explanation of its recommendation to the defendant and give
17notice to the defendant of the defendant’s right to appear at a
18hearing. A person who has been discharged from probation shall
19no longer be held to answer for the person’s offense.
20b. Upon discharge from probation, if judgment has been
21deferred under section 907.3, the court’s criminal record with
22reference to the deferred judgment, any counts dismissed by the
23court, which were contained in the indictment, information,
24or complaint that resulted in the deferred judgment, and
25any other related charges that were not contained in the
26indictment, information, or complaint but were dismissed, shall
27be expunged. However, the court’s record shall not be expunged
28until the person has paid, or is subject to a payment plan,
29for the restitution, civil penalties, court costs, fees, or
30other financial obligations ordered by the court or assessed
31by the clerk of the district court in the case that includes
32the deferred judgment. The expunged record is a confidential
33record exempt from public access under section 22.7 but shall
34be made available by the clerk of the district court, upon
35request and without court order, to an agency or person granted
-4-1access to the deferred judgment docket under section 907.4,
2subsection 2. The court’s record shall not be expunged in any
3other circumstances unless authorized by law.
4 Sec. 5. Section 907.9, Code 2022, is amended by adding the
5following new subsections:
6 NEW SUBSECTION. 6. a. A defendant on probation shall
7be eligible to earn a discharge credit from the defendant’s
8term of probation for each full calendar month in which the
9defendant is in compliance with the terms of the defendant’s
10probation.
11b. A defendant shall not earn a discharge credit for a
12calendar month in which a violation has occurred, the defendant
13has absconded from probation, or the defendant is incarcerated.
14c. A defendant shall not earn a discharge credit for a
15partial calendar month or the last full calendar month of
16probation.
17d. A discharge credit shall be applied to the termination
18date of the defendant’s probation within thirty days of the end
19of the calendar month in which the discharge credit was earned.
20 NEW SUBSECTION. 7. A defendant on probation shall be
21eligible to earn an educational credit from the defendant’s
22term of probation for each full calendar month in which the
23defendant is in compliance with the terms of the defendant’s
24probation.
25 NEW SUBSECTION. 8. At least once a year, and in the
26probation status report provided halfway through the
27defendant’s period of probation pursuant to subsection 2,
28paragraph “b”, the defendant’s probation officer shall provide
29the defendant with an accounting of the defendant’s discharge
30credits and educational credits that have accrued pursuant to
31subsections 6 and 7. A defendant may earn both a discharge
32credit and an educational credit to be applied toward the
33completion of the defendant’s probation in accordance with
34this subsection. A defendant may seek administrative review
35and recalculation of the defendant’s discharge credits and
-5-1educational credits contained in the defendant’s probation
2status report. The department of corrections shall adopt
3rules to implement the review and recalculation of discharge
4and educational credits awarded under this section. A
5defendant may seek judicial review of the credit calculations
6at a hearing to modify the credit calculations or for early
7termination of probation.
8 NEW SUBSECTION. 9. Subsections 6, 7, and 8 shall not apply
9to proceedings in adult criminal problem-solving courts and
10special probation programs.
11 NEW SUBSECTION. 10. The department of corrections shall
12collect information and report annually in a public report made
13available no later than December 1 of each year the number of
14persons on probation who have earned educational and discharge
15credits pursuant to this section during that year, the average
16amount of credits earned per individual during that year, the
17total number of supervision days reduced due to the awarding
18of credits pursuant to this section during that year, and the
19number of defendants terminated from probation early that year
20pursuant to this section.
21 Sec. 6. NEW SECTION. 907.15 Payment of fines and fees.
221. The court shall direct that a defendant pay any monetary
23obligations imposed in conjunction with a term of probation,
24and shall create a payment plan based upon the defendant’s
25ability to pay which shall include a plan of payment for
26restitution owed pursuant to section 910.2 and section 910.4,
27subsection 4.
282. The court, upon the receipt of a petition from a
29probation officer for termination of a defendant’s probation,
30shall not consider the defendant’s lack of payment of fines and
31fees as a disqualifying factor for early termination of the
32defendant’s probation unless the defendant has been found to
33be able to afford payments but has purposely avoided making
34payments.
353. A defendant who is compliant with the conditions of
-6-1probation shall not be precluded from obtaining a driver’s
2license due to lack of payment of fines and fees, unless a
3defendant has been found to be able to afford payments but has
4purposely avoided making payments.
54. A determination of a defendant’s ability to pay shall
6include the factors set forth in the court’s financial
7affidavit under sections 815.9 and 908.2A. A defendant may
8petition the court for review of the defendant’s financial
9status pursuant to section 910.7.
10 Sec. 7. Section 908.11, Code 2022, is amended to read as
11follows:
12908.11 Violation of probation.
131. A probation officer or the judicial district department
14of correctional services having probable cause to believe that
15any person defendant released on probation has violated the
16conditions of probation shall proceed by arrest or summons
17as in the case of a parole violation utilize a violation
18response matrix to determine the severity of the violation,
19any protective factors that mitigate the risk, and the
20correlating appropriate sanction. This section shall not apply
21to proceedings in adult criminal problem-solving courts and
22special probation programs.
232. There shall be a presumption against incarceration for
24technical violations of supervision.
253. A sentence of incarceration upon revocation shall not be
26imposed unless the court finds either of the following:
27a. The defendant has committed a new felony or misdemeanor.
28b. The violation response matrix authorizes incarceration
29under such circumstances.
304. The probation officer may proceed internally, without
31court intervention, by arrest or by summons depending on the
32severity of the alleged violation and the level of risk.
335. For any alleged violation for which the probation officer
34seeks to increase the defendant’s conditions of supervision
35or extend the length of the defendant’s supervision, the
-7-1defendant has the right to request a supervision hearing.
2For any alleged violation for which the probation officer
3seeks to revoke supervision or incarcerate the defendant, a
4hearing under this section is required and no such sanction may
5commence until and unless the violation is established.
62. 6. The If the sanctions require court intervention, the
7 functions of the liaison officer and the board of parole shall
8be performed by the judge or magistrate who placed the alleged
9violator on probation if that judge or magistrate is available,
10otherwise by another judge or magistrate who would have had
11jurisdiction to try the original offense.
123. 7. If the probation officer proceeds by arrest, any
13magistrate may receive the complaint, issue an arrest warrant,
14or conduct the initial appearance and probable cause hearing
15if it is not convenient for the judge who placed the alleged
16violator on probation to do so. The initial appearance,
17probable cause hearing, and probation revocation hearing, or
18any of them, may at the discretion of the court be merged into
19a single hearing when it appears that the alleged violator will
20not be prejudiced by the merger.
214. 8. If the violation is established, the court may
22continue the probation or youthful offender status with or
23without an alteration of the conditions of probation or a
24youthful offender status in accordance with the violation
25response matrix. If Pursuant to the violation response matrix,
26if the defendant is an adult or a youthful offender, the court
27may hold the defendant in contempt of court and sentence the
28defendant to a jail term while continuing the probation or
29youthful offender status, order the defendant to be placed in
30a violator facility established pursuant to section 904.207
31while continuing the probation or youthful offender status,
32extend the period of probation for up to one year as authorized
33in section 907.7 while continuing the probation or youthful
34offender status, or revoke the probation or youthful offender
35status and require the defendant to serve the sentence imposed
-8-1or any lesser sentence, and, if imposition of sentence was
2deferred, may impose any sentence which might originally have
3been imposed.
45. 9. Notwithstanding any other provision of law to the
5contrary, if the court revokes the probation of a defendant
6who received a deferred judgment and imposes a fine, the court
7shall reduce the amount of the fine by an amount equal to the
8amount of the civil penalty previously assessed against the
9defendant pursuant to section 907.14. However, the court shall
10assess any required surcharge, court cost, or fee upon the
11total amount of the fine prior to reduction pursuant to this
12subsection.
1310. For purposes of this section, “violation response
14matrix” means an assessment tool developed by a judicial
15district department of correctional services to assess the
16severity of a violation and to inform a violation response
17decision.
18EXPLANATION
19The inclusion of this explanation does not constitute agreement with
20the explanation’s substance by the members of the general assembly.
21This bill relates to the length of probation, discharge from
22probation, payment of fines and fees, and probation violations.
23LENGTH OF PROBATION. The bill strikes the provision that
24requires the length of probation shall not be less than one
25year if the offense is a misdemeanor and shall not be less than
26two years if the offense is a felony.
27DISCHARGE OF PROBATION — PROCEDURE. The bill provides
28that at any time the court, or a probation officer, determines
29that the purposes of probation have been fulfilled and fees
30imposed and court debt collected have been paid or are subject
31to a payment plan, the court or probation officer may order
32the discharge of a person from probation after approval of the
33district director of correctional services and notification of
34the sentencing court and the county attorney who prosecuted the
35case.
-9- 1The bill provides that notwithstanding any earned discharge
2credit or any educational credit accrued, a defendant’s
3probation officer shall complete a probation status report
4no later than halfway through the defendant’s probation
5term and provide a copy of the probation status report to
6the defendant containing one of the following: an order
7that the defendant be discharged from probation early, a
8recommendation that the defendant’s probation be continued with
9reduced terms and conditions, or a recommendation that the
10defendant’s probation be continued as previously ordered. If
11the defendant’s probation status report recommends that the
12defendant continue probation with reduced terms and conditions
13or that the defendant’s probation continue as previously
14ordered, the probation officer shall include a description of
15why continued probation is necessary and beneficial and shall
16also include any discharge credits and educational credits the
17defendant has accrued. If the probation status report does
18not recommend early termination of the defendant’s probation,
19the defendant may request further administrative review. The
20provisions shall not apply to proceedings in adult criminal
21problem-solving courts and special probation programs.
22DISCHARGE FROM PROBATION. The bill provides that at the
23expiration of the period of probation, if the fees have been
24paid or are subject to a payment plan, the court shall order
25the discharge of the person from probation. If portions of
26the court debt remain unpaid, the person shall establish a
27payment plan based upon the defendant’s ability to pay with
28the clerk of the district court or the county attorney prior
29to the discharge. The court shall forward to the governor a
30recommendation for or against restoration of citizenship rights
31to that person upon discharge. If the court’s recommendation
32to the governor is against the restoration of the defendant’s
33citizenship rights, the court shall provide a written
34explanation of its recommendation to the defendant and give
35notice to the defendant of the defendant’s right to appear at
-10-1a hearing.
2DISCHARGE AND EDUCATION CREDITS. The bill provides that a
3defendant on probation shall be eligible to earn a discharge
4credit from the defendant’s term of probation for each full
5calendar month in which the defendant is in compliance with
6the terms of the defendant’s probation, which shall be applied
7to the termination date of the defendant’s probation within 30
8days of the end of the calendar month in which the discharge
9credit was earned. A defendant shall not earn a discharge
10credit for a calendar month in which a violation has occurred,
11the defendant has absconded from probation, or the defendant is
12incarcerated. A defendant shall not earn a discharge credit
13for a partial calendar month or the last full calendar month of
14probation. A defendant on probation shall be eligible to earn
15an educational credit from the defendant’s term of probation
16for each full calendar month in which the defendant is in
17compliance with the terms of the defendant’s probation.
18The bill provides that at least once a year, and in
19the probation status report provided halfway through the
20defendant’s period of probation, the defendant’s probation
21officer shall provide the defendant with an accounting of the
22defendant’s discharge credits and educational credits that have
23accrued. A defendant may earn both a discharge credit and an
24educational credit to be applied toward the completion of the
25defendant’s probation. A defendant may seek administrative
26review and recalculation of the defendant’s discharge credits
27and educational credits contained in the defendant’s probation
28status report. A defendant may seek judicial review of
29the credit calculations at a hearing to modify or for early
30termination of probation.
31The bill provisions involving discharge and educational
32credits shall not apply to proceedings in adult criminal
33problem-solving courts and special probation programs.
34The bill requires that the department of corrections
35collect information and report annually in a public report made
-11-1available no later than December 1 each year the number of
2persons on probation who have earned educational and discharge
3credits during that year, the average amount of credits earned
4per defendant during that year, the total number of supervision
5days reduced due to the awarding of credits during that year,
6and the number of defendants terminated from probation early
7that year.
8PAYMENT OF FINES AND FEES. The bill provides that the
9court shall direct a defendant to pay any monetary obligations
10imposed in conjunction with a term of probation, and shall
11create a payment plan based upon the defendant’s ability to pay
12which shall include a plan of payment for restitution owed.
13The court, upon the receipt of a petition from a probation
14officer for termination of a defendant’s probation, shall
15not consider the defendant’s lack of payment of fines and
16fees as a disqualifying factor for early termination of the
17defendant’s probation unless the defendant has been found to
18be able to afford payments but has purposely avoided making
19payments. A defendant who is compliant with the conditions
20of probation shall not be precluded from obtaining a driver’s
21license due to lack of payment of fines and fees, unless a
22defendant has been found to be able to afford payments but
23has purposely avoided making payments. A determination of
24a defendant’s ability to pay shall include the factors set
25forth in the court’s financial affidavit under Code sections
26815.9 (indigency determination) and 908.2A (appointment of
27attorney). A defendant may petition the court for review of
28the defendant’s financial status pursuant to Code section 910.7
29(petition for restitution plan hearing).
30VIOLATION OF PROBATION. The bill provides that a probation
31officer or the judicial district department of correctional
32services having probable cause to believe that any person
33released on probation has violated the conditions of probation
34shall utilize a violation response matrix to determine the
35severity of the violation, any protective factors that mitigate
-12-1the risk, and the correlating appropriate sanction. This
2provision shall not apply to proceedings in adult criminal
3problem-solving courts and special probation programs.
4There is a presumption against incarceration for technical
5violations of supervision. A sentence of incarceration upon
6revocation shall not be imposed unless the court finds that the
7defendant has committed a new felony or misdemeanor, or the
8violation response matrix authorizes incarceration under such
9circumstances. The probation officer may proceed internally
10without court intervention, by arrest or by summons depending
11on the severity of the alleged violation and the level of risk.
12For any alleged violation for which the probation officer
13seeks to increase the defendant’s conditions of supervision or
14length of supervision, the defendant has the right to request
15a supervision hearing. A hearing is required for any alleged
16violation for which the probation officer seeks to revoke
17supervision or incarcerate the defendant.
18The bill provides definitions for “adult criminal problem-
19solving court”, “discharge credit”, “educational credit”,
20“special probation program”, “technical violation”, and
21“violation response matrix”.
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