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House Study Bill 55 - IntroducedA Bill ForAn Act 1relating to probation, including discharge credits,
2educational credits, and workforce credits.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 907.1, Code 2023, 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-day
8reduction from a defendant’s term of probation for each full
9calendar month the defendant is in compliance with the terms
10of the defendant’s probation.
11 NEW SUBSECTION. 2B. “Educational credit” means a ninety-day
12reduction from a defendant’s term of probation when a
13defendant earns a high school diploma, high school equivalency
14certificate, or academic degree or completes a certified
15vocational, technical, 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. “Workforce credit” means a thirty-day
25reduction from a defendant’s term of probation for each
26six-month period in which a defendant maintains verifiable
27employment for at least an average of thirty hours per week.
28 Sec. 2. Section 907.9, Code 2023, is amended by adding the
29following new subsections:
30 NEW SUBSECTION. 6. a. A defendant on probation shall
31earn a discharge credit from the defendant’s term of probation
32for each full calendar month in which the defendant is in
33compliance with the terms of the defendant’s probation.
34b. A defendant shall not earn a discharge credit for a
35calendar month in which a violation has occurred, the defendant
-1-1has absconded from probation, or the defendant is incarcerated,
2except that a defendant shall be retroactively awarded a
3discharge credit for a calendar month in which a violation
4allegedly occurred if the violation is not sustained by the
5court.
6c. A defendant shall not earn a discharge credit for a
7partial calendar month or the last full calendar month of
8probation.
9 NEW SUBSECTION. 7. A defendant on probation shall earn
10an educational credit from the defendant’s term of probation
11when a defendant earns a high school diploma, high school
12equivalency certificate, or academic degree or completes
13a certified vocational, technical, or career education or
14training program.
15 NEW SUBSECTION. 8. A defendant on probation shall earn a
16workforce credit from the defendant’s term of probation for
17each six-month period in which a defendant maintains verifiable
18employment for at least an average of thirty hours per week.
19The defendant’s probation officer may verify such employment
20through supporting documentation, which may include but is not
21limited to any record, letter, pay stub, contract, or other
22department-approved methods of verification.
23 NEW SUBSECTION. 9. At least once per quarter, the
24defendant’s probation officer shall provide the defendant with
25an accounting of the defendant’s discharge credits, educational
26credits, and workforce credits, if applicable, that have
27accrued under subsections 6, 7, and 8. The department of
28corrections shall, without leave of court, award any accrued
29credits under subsections 6, 7, and 8 toward the completion of
30the defendant’s probation within thirty days of the calendar
31month in which the credits were earned in accordance with
32subsections 6, 7, and 8, except that the maximum reduction of
33the defendant’s probation term earned through the application
34of the credits shall not exceed sixty percent of the probation
35period imposed. A defendant may seek administrative review
-2-1and recalculation of the defendant’s credits. The department
2of corrections shall adopt rules to implement the review and
3recalculation of all credits awarded under this section.
4 NEW SUBSECTION. 10. Subsections 6, 7, 8, and 9 shall not
5apply to proceedings in adult criminal problem-solving courts
6and special probation programs unless the problem-solving court
7or special probation program adopts some or all of subsections
86, 7, 8, and 9.
9 NEW SUBSECTION. 11. The department of corrections shall
10collect information and report annually in a public report
11made available no later than December 1 of each year the
12number of defendants on probation who have earned discharge
13credits, educational credits, and workforce credits pursuant to
14subsections 6, 7, and 8 during that year, the average amount of
15credits earned per defendant during that year, the total number
16of supervision days reduced due to the awarding of credits
17during that year, and the number of defendants terminated from
18probation early that year.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
22This bill relates to probation, including discharge credits,
23educational credits, and workforce credits.
24Iowa law provides that upon a plea of guilty, a verdict
25of guilty, or a special verdict upon which a judgment of
26conviction may be rendered, the trial court may defer judgment
27and may place the defendant on probation upon conditions as
28it may require, defer the sentence and assign the defendant
29to a judicial district department of correctional services,
30or suspend the sentence and place the defendant on probation
31upon such terms and conditions as it may require including
32commitment to an alternate jail facility or a community
33correctional residential treatment facility to be followed by
34a period of probation.
35The bill provides that a defendant on probation shall earn
-3-1a discharge credit from the defendant’s term of probation
2for each full calendar month in which the defendant is in
3compliance with the terms of the defendant’s probation. A
4defendant shall not earn a discharge credit for a calendar
5month in which a violation has occurred, the defendant has
6absconded from probation, or the defendant is incarcerated,
7except that a defendant shall be retroactively awarded a
8discharge credit for a calendar month in which a violation
9allegedly occurred if the violation is not sustained by the
10court. A defendant shall not earn a discharge credit for a
11partial calendar month or the last full calendar month of
12probation.
13The bill provides that a defendant on probation shall earn
14an educational credit from the defendant’s term of probation
15when a defendant earns a high school diploma, high school
16equivalency certificate, or academic degree or completes
17a certified vocational, technical, or career education or
18training program.
19The bill provides that a defendant on probation shall earn
20a workforce credit from the defendant’s term of probation for
21each six-month period in which a defendant maintains verifiable
22employment for at least an average of 30 hours per week. The
23defendant’s probation officer may verify such employment
24through supporting documentation.
25The bill provides that at least once per quarter, the
26defendant’s probation officer shall provide the defendant
27with an accounting of the defendant’s discharge, educational,
28and workforce credits. The department of corrections shall,
29without leave of court, award any accrued credits toward
30the completion of the defendant’s probation within 30 days
31of the calendar month in which the discharge, educational,
32or workforce credits were earned, except that the maximum
33reduction of the defendant’s probation term earned through
34the application of credits shall not exceed 60 percent of the
35probation period imposed. A defendant may seek administrative
-4-1review and recalculation of the defendant’s credits.
2The bill provides that discharge, educational, and workforce
3credits earned by a defendant on probation shall not apply
4to proceedings in adult criminal problem-solving courts and
5special probation programs unless the problem-solving court
6or special probation program adopts some or all of the credit
7provisions.
8The bill requires the department of corrections to report
9certain information annually in a public report made available
10no later than December 1 of each year.
11The bill provides definitions for “adult criminal
12problem-solving court”, “discharge credit”, “educational
13credit”, “special probation program”, and “workforce credit”.
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2educational credits, and workforce credits.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 907.1, Code 2023, 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-day
8reduction from a defendant’s term of probation for each full
9calendar month the defendant is in compliance with the terms
10of the defendant’s probation.
11 NEW SUBSECTION. 2B. “Educational credit” means a ninety-day
12reduction from a defendant’s term of probation when a
13defendant earns a high school diploma, high school equivalency
14certificate, or academic degree or completes a certified
15vocational, technical, 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. “Workforce credit” means a thirty-day
25reduction from a defendant’s term of probation for each
26six-month period in which a defendant maintains verifiable
27employment for at least an average of thirty hours per week.
28 Sec. 2. Section 907.9, Code 2023, is amended by adding the
29following new subsections:
30 NEW SUBSECTION. 6. a. A defendant on probation shall
31earn a discharge credit from the defendant’s term of probation
32for each full calendar month in which the defendant is in
33compliance with the terms of the defendant’s probation.
34b. A defendant shall not earn a discharge credit for a
35calendar month in which a violation has occurred, the defendant
-1-1has absconded from probation, or the defendant is incarcerated,
2except that a defendant shall be retroactively awarded a
3discharge credit for a calendar month in which a violation
4allegedly occurred if the violation is not sustained by the
5court.
6c. A defendant shall not earn a discharge credit for a
7partial calendar month or the last full calendar month of
8probation.
9 NEW SUBSECTION. 7. A defendant on probation shall earn
10an educational credit from the defendant’s term of probation
11when a defendant earns a high school diploma, high school
12equivalency certificate, or academic degree or completes
13a certified vocational, technical, or career education or
14training program.
15 NEW SUBSECTION. 8. A defendant on probation shall earn a
16workforce credit from the defendant’s term of probation for
17each six-month period in which a defendant maintains verifiable
18employment for at least an average of thirty hours per week.
19The defendant’s probation officer may verify such employment
20through supporting documentation, which may include but is not
21limited to any record, letter, pay stub, contract, or other
22department-approved methods of verification.
23 NEW SUBSECTION. 9. At least once per quarter, the
24defendant’s probation officer shall provide the defendant with
25an accounting of the defendant’s discharge credits, educational
26credits, and workforce credits, if applicable, that have
27accrued under subsections 6, 7, and 8. The department of
28corrections shall, without leave of court, award any accrued
29credits under subsections 6, 7, and 8 toward the completion of
30the defendant’s probation within thirty days of the calendar
31month in which the credits were earned in accordance with
32subsections 6, 7, and 8, except that the maximum reduction of
33the defendant’s probation term earned through the application
34of the credits shall not exceed sixty percent of the probation
35period imposed. A defendant may seek administrative review
-2-1and recalculation of the defendant’s credits. The department
2of corrections shall adopt rules to implement the review and
3recalculation of all credits awarded under this section.
4 NEW SUBSECTION. 10. Subsections 6, 7, 8, and 9 shall not
5apply to proceedings in adult criminal problem-solving courts
6and special probation programs unless the problem-solving court
7or special probation program adopts some or all of subsections
86, 7, 8, and 9.
9 NEW SUBSECTION. 11. The department of corrections shall
10collect information and report annually in a public report
11made available no later than December 1 of each year the
12number of defendants on probation who have earned discharge
13credits, educational credits, and workforce credits pursuant to
14subsections 6, 7, and 8 during that year, the average amount of
15credits earned per defendant during that year, the total number
16of supervision days reduced due to the awarding of credits
17during that year, and the number of defendants terminated from
18probation early that year.
19EXPLANATION
20The inclusion of this explanation does not constitute agreement with
21the explanation’s substance by the members of the general assembly.
22This bill relates to probation, including discharge credits,
23educational credits, and workforce credits.
24Iowa law provides that upon a plea of guilty, a verdict
25of guilty, or a special verdict upon which a judgment of
26conviction may be rendered, the trial court may defer judgment
27and may place the defendant on probation upon conditions as
28it may require, defer the sentence and assign the defendant
29to a judicial district department of correctional services,
30or suspend the sentence and place the defendant on probation
31upon such terms and conditions as it may require including
32commitment to an alternate jail facility or a community
33correctional residential treatment facility to be followed by
34a period of probation.
35The bill provides that a defendant on probation shall earn
-3-1a discharge credit from the defendant’s term of probation
2for each full calendar month in which the defendant is in
3compliance with the terms of the defendant’s probation. A
4defendant shall not earn a discharge credit for a calendar
5month in which a violation has occurred, the defendant has
6absconded from probation, or the defendant is incarcerated,
7except that a defendant shall be retroactively awarded a
8discharge credit for a calendar month in which a violation
9allegedly occurred if the violation is not sustained by the
10court. A defendant shall not earn a discharge credit for a
11partial calendar month or the last full calendar month of
12probation.
13The bill provides that a defendant on probation shall earn
14an educational credit from the defendant’s term of probation
15when a defendant earns a high school diploma, high school
16equivalency certificate, or academic degree or completes
17a certified vocational, technical, or career education or
18training program.
19The bill provides that a defendant on probation shall earn
20a workforce credit from the defendant’s term of probation for
21each six-month period in which a defendant maintains verifiable
22employment for at least an average of 30 hours per week. The
23defendant’s probation officer may verify such employment
24through supporting documentation.
25The bill provides that at least once per quarter, the
26defendant’s probation officer shall provide the defendant
27with an accounting of the defendant’s discharge, educational,
28and workforce credits. The department of corrections shall,
29without leave of court, award any accrued credits toward
30the completion of the defendant’s probation within 30 days
31of the calendar month in which the discharge, educational,
32or workforce credits were earned, except that the maximum
33reduction of the defendant’s probation term earned through
34the application of credits shall not exceed 60 percent of the
35probation period imposed. A defendant may seek administrative
-4-1review and recalculation of the defendant’s credits.
2The bill provides that discharge, educational, and workforce
3credits earned by a defendant on probation shall not apply
4to proceedings in adult criminal problem-solving courts and
5special probation programs unless the problem-solving court
6or special probation program adopts some or all of the credit
7provisions.
8The bill requires the department of corrections to report
9certain information annually in a public report made available
10no later than December 1 of each year.
11The bill provides definitions for “adult criminal
12problem-solving court”, “discharge credit”, “educational
13credit”, “special probation program”, and “workforce credit”.
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