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House File 349 - IntroducedA Bill ForAn Act 1relating to probation, including discharge credits,
2educational credits, and workforce credits, and including
3effective date provisions.
4BE 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.
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 two times per year, 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 except that the maximum reduction of
31the defendant’s probation term earned through the application
32of the credits shall not exceed forty percent of the probation
33period imposed and the defendant shall not be discharged from
34probation until the defendant's probation officer determines
35that fees imposed under section 905.14 and court debt collected
-2-1pursuant to section 602.8107 have been paid or are subject to a
2payment plan. The department of corrections shall adopt rules
3to implement the provisions of this subsection.
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.
19 Sec. 3. EFFECTIVE DATE. This Act takes effect July 1, 2024.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill relates to probation, including discharge credits,
24educational credits, and workforce credits.
25Iowa law provides that upon a plea of guilty, a verdict
26of guilty, or a special verdict upon which a judgment of
27conviction may be rendered, the trial court may defer judgment
28and may place the defendant on probation upon conditions as
29it may require, defer the sentence and assign the defendant
30to a judicial district department of correctional services,
31or suspend the sentence and place the defendant on probation
32upon such terms and conditions as it may require including
33commitment to an alternate jail facility or a community
34correctional residential treatment facility to be followed by
35a period of probation.
-3- 1The bill provides that a defendant on probation shall earn
2a discharge credit from the defendant’s term of probation
3for each full calendar month in which the defendant is in
4compliance with the terms of the defendant’s probation. A
5defendant shall not earn a discharge credit for a calendar
6month in which a violation has occurred, the defendant has
7absconded from probation, or the defendant is incarcerated,
8except that a defendant shall be retroactively awarded a
9discharge credit for a calendar month in which a violation
10allegedly occurred if the violation is not sustained by the
11court. A defendant shall not earn a discharge credit for a
12partial calendar month or the last full calendar month of
13probation.
14The bill provides that a defendant on probation shall earn
15an educational credit from the defendant’s term of probation
16when a defendant earns a high school diploma, high school
17equivalency certificate, or academic degree or completes
18a certified vocational, technical, or career education or
19training program.
20The bill provides that a defendant on probation shall earn
21a workforce credit from the defendant’s term of probation for
22each six-month period in which a defendant maintains verifiable
23employment. The defendant’s probation officer may verify such
24employment through supporting documentation.
25The bill provides that at least twice per year, 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 the
30completion of the defendant’s probation, except that the
31maximum reduction of the defendant’s probation term earned
32through the application of credits shall not exceed 40 percent
33of the probation period imposed and the defendant shall not
34be discharged from probation until the probation officer
35determines that fees and court debt have been paid off or are
-4-1subject to a payment plan. A defendant may seek administrative
2review and recalculation of the defendant’s credits.
3The bill provides that discharge, educational, and workforce
4credits earned by a defendant on probation shall not apply
5to proceedings in adult criminal problem-solving courts and
6special probation programs unless the problem-solving court
7or special probation program adopts some or all of the credit
8provisions.
9The bill requires the department of corrections to report
10certain information annually in a public report made available
11no later than December 1 of each year.
12The bill provides definitions for “adult criminal
13problem-solving court”, “discharge credit”, “educational
14credit”, “special probation program”, and “workforce credit”.
15The bill takes effect July 1, 2024.
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2educational credits, and workforce credits, and including
3effective date provisions.
4BE 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.
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 two times per year, 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 except that the maximum reduction of
31the defendant’s probation term earned through the application
32of the credits shall not exceed forty percent of the probation
33period imposed and the defendant shall not be discharged from
34probation until the defendant's probation officer determines
35that fees imposed under section 905.14 and court debt collected
-2-1pursuant to section 602.8107 have been paid or are subject to a
2payment plan. The department of corrections shall adopt rules
3to implement the provisions of this subsection.
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.
19 Sec. 3. EFFECTIVE DATE. This Act takes effect July 1, 2024.
20EXPLANATION
21The inclusion of this explanation does not constitute agreement with
22the explanation’s substance by the members of the general assembly.
23This bill relates to probation, including discharge credits,
24educational credits, and workforce credits.
25Iowa law provides that upon a plea of guilty, a verdict
26of guilty, or a special verdict upon which a judgment of
27conviction may be rendered, the trial court may defer judgment
28and may place the defendant on probation upon conditions as
29it may require, defer the sentence and assign the defendant
30to a judicial district department of correctional services,
31or suspend the sentence and place the defendant on probation
32upon such terms and conditions as it may require including
33commitment to an alternate jail facility or a community
34correctional residential treatment facility to be followed by
35a period of probation.
-3- 1The bill provides that a defendant on probation shall earn
2a discharge credit from the defendant’s term of probation
3for each full calendar month in which the defendant is in
4compliance with the terms of the defendant’s probation. A
5defendant shall not earn a discharge credit for a calendar
6month in which a violation has occurred, the defendant has
7absconded from probation, or the defendant is incarcerated,
8except that a defendant shall be retroactively awarded a
9discharge credit for a calendar month in which a violation
10allegedly occurred if the violation is not sustained by the
11court. A defendant shall not earn a discharge credit for a
12partial calendar month or the last full calendar month of
13probation.
14The bill provides that a defendant on probation shall earn
15an educational credit from the defendant’s term of probation
16when a defendant earns a high school diploma, high school
17equivalency certificate, or academic degree or completes
18a certified vocational, technical, or career education or
19training program.
20The bill provides that a defendant on probation shall earn
21a workforce credit from the defendant’s term of probation for
22each six-month period in which a defendant maintains verifiable
23employment. The defendant’s probation officer may verify such
24employment through supporting documentation.
25The bill provides that at least twice per year, 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 the
30completion of the defendant’s probation, except that the
31maximum reduction of the defendant’s probation term earned
32through the application of credits shall not exceed 40 percent
33of the probation period imposed and the defendant shall not
34be discharged from probation until the probation officer
35determines that fees and court debt have been paid off or are
-4-1subject to a payment plan. A defendant may seek administrative
2review and recalculation of the defendant’s credits.
3The bill provides that discharge, educational, and workforce
4credits earned by a defendant on probation shall not apply
5to proceedings in adult criminal problem-solving courts and
6special probation programs unless the problem-solving court
7or special probation program adopts some or all of the credit
8provisions.
9The bill requires the department of corrections to report
10certain information annually in a public report made available
11no later than December 1 of each year.
12The bill provides definitions for “adult criminal
13problem-solving court”, “discharge credit”, “educational
14credit”, “special probation program”, and “workforce credit”.
15The bill takes effect July 1, 2024.
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