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House File 349 - ReprintedA 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. On or after July 1, 2024, a
31defendant on probation shall earn a discharge credit from the
32defendant’s term of probation for each full calendar month in
33which the defendant is in compliance with the terms of the
34defendant’s probation.
35b. A defendant shall not earn a discharge credit for a
-1-1calendar month in which a violation has occurred, the defendant
2has absconded from probation, or the defendant is incarcerated,
3except that a defendant shall be retroactively awarded a
4discharge credit for a calendar month in which a violation
5allegedly occurred if the violation is not sustained by the
6court.
7c. A defendant shall not earn a discharge credit for a
8partial calendar month or the last full calendar month of
9probation.
10 NEW SUBSECTION. 7. On or after July 1, 2024, a defendant on
11probation shall earn an educational credit from the defendant’s
12term of probation when a defendant earns a high school diploma,
13high school equivalency certificate, or academic degree
14or completes a certified vocational, technical, or career
15education or training program.
16 NEW SUBSECTION. 8. On or after July 1, 2024, a
17defendant on probation shall earn a workforce credit from
18the defendant’s term of probation for each six-month period
19in which a defendant maintains verifiable employment for at
20least an average of thirty hours per week. The defendant’s
21probation officer may verify such employment through
22supporting documentation, which may include but is not
23limited to any record, letter, pay stub, contract, or other
24department-approved methods of verification.
25 NEW SUBSECTION. 9. Beginning July 1, 2024, at least
26two times per year, the defendant’s probation officer shall
27provide the defendant with an accounting of the defendant’s
28discharge credits, educational credits, and workforce credits,
29if applicable, that have accrued under subsections 6, 7, and
308. The department of corrections shall, without leave of
31court, award any accrued credits under subsections 6, 7, and
328 toward the completion of the defendant’s probation except
33that the maximum reduction of the defendant’s probation term
34earned through the application of the credits shall not exceed
35forty percent of the probation period imposed and the defendant
-2-1shall not be discharged from probation until the defendant's
2probation officer determines that fees imposed under section
3905.14 and court debt collected pursuant to section 602.8107
4have been paid or are subject to a payment plan. The
5department of corrections shall adopt rules to implement the
6provisions of this subsection.
7 NEW SUBSECTION. 10. Subsections 6, 7, 8, and 9 shall not
8apply to proceedings in adult criminal problem-solving courts
9and special probation programs unless the problem-solving court
10or special probation program adopts some or all of subsections
116, 7, 8, and 9.
12 NEW SUBSECTION. 11. Beginning July 1, 2024, the department
13of corrections shall collect information and report annually
14in a public report made available no later than December 1
15of each year the number of defendants on probation who have
16earned discharge credits, educational credits, and workforce
17credits pursuant to subsections 6, 7, and 8 during that year,
18the average amount of credits earned per defendant during that
19year, the total number of supervision days reduced due to
20the awarding of credits during that year, and the number of
21defendants terminated from probation early that year.
22 Sec. 3. EFFECTIVE DATE. This Act 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. On or after July 1, 2024, a
31defendant on probation shall earn a discharge credit from the
32defendant’s term of probation for each full calendar month in
33which the defendant is in compliance with the terms of the
34defendant’s probation.
35b. A defendant shall not earn a discharge credit for a
-1-1calendar month in which a violation has occurred, the defendant
2has absconded from probation, or the defendant is incarcerated,
3except that a defendant shall be retroactively awarded a
4discharge credit for a calendar month in which a violation
5allegedly occurred if the violation is not sustained by the
6court.
7c. A defendant shall not earn a discharge credit for a
8partial calendar month or the last full calendar month of
9probation.
10 NEW SUBSECTION. 7. On or after July 1, 2024, a defendant on
11probation shall earn an educational credit from the defendant’s
12term of probation when a defendant earns a high school diploma,
13high school equivalency certificate, or academic degree
14or completes a certified vocational, technical, or career
15education or training program.
16 NEW SUBSECTION. 8. On or after July 1, 2024, a
17defendant on probation shall earn a workforce credit from
18the defendant’s term of probation for each six-month period
19in which a defendant maintains verifiable employment for at
20least an average of thirty hours per week. The defendant’s
21probation officer may verify such employment through
22supporting documentation, which may include but is not
23limited to any record, letter, pay stub, contract, or other
24department-approved methods of verification.
25 NEW SUBSECTION. 9. Beginning July 1, 2024, at least
26two times per year, the defendant’s probation officer shall
27provide the defendant with an accounting of the defendant’s
28discharge credits, educational credits, and workforce credits,
29if applicable, that have accrued under subsections 6, 7, and
308. The department of corrections shall, without leave of
31court, award any accrued credits under subsections 6, 7, and
328 toward the completion of the defendant’s probation except
33that the maximum reduction of the defendant’s probation term
34earned through the application of the credits shall not exceed
35forty percent of the probation period imposed and the defendant
-2-1shall not be discharged from probation until the defendant's
2probation officer determines that fees imposed under section
3905.14 and court debt collected pursuant to section 602.8107
4have been paid or are subject to a payment plan. The
5department of corrections shall adopt rules to implement the
6provisions of this subsection.
7 NEW SUBSECTION. 10. Subsections 6, 7, 8, and 9 shall not
8apply to proceedings in adult criminal problem-solving courts
9and special probation programs unless the problem-solving court
10or special probation program adopts some or all of subsections
116, 7, 8, and 9.
12 NEW SUBSECTION. 11. Beginning July 1, 2024, the department
13of corrections shall collect information and report annually
14in a public report made available no later than December 1
15of each year the number of defendants on probation who have
16earned discharge credits, educational credits, and workforce
17credits pursuant to subsections 6, 7, and 8 during that year,
18the average amount of credits earned per defendant during that
19year, the total number of supervision days reduced due to
20the awarding of credits during that year, and the number of
21defendants terminated from probation early that year.
22 Sec. 3. EFFECTIVE DATE. This Act takes effect July 1, 2024.
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