Bill Text: IA HF2294 | 2017-2018 | 87th General Assembly | Introduced

Iowa House Bill 2294 (Prior Session Legislation)

Introduced

Bill Title: A bill for an act relating to technical violations of probation. (See HF 2436.)

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2018-03-08 - Withdrawn. H.J. 548. [HF2294 Detail]

Download: Iowa-2017-HF2294-Introduced.html


House File 2294 - Introduced




                                 HOUSE FILE       
                                 BY  HINSON

                                      A BILL FOR

  1 An Act relating to technical violations of probation.
  2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
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PAG LIN



  1  1    Section 1.  Section 908.11, Code 2018, is amended by adding
  1  2 the following new subsection:
  1  3    NEW SUBSECTION.  01.  As used in this section, "technical
  1  4 violation" means a violation of probation other than a violation
  1  5 involving an arrest, conviction, or failure to follow a
  1  6 specific court=imposed condition of probation, or when the
  1  7 person absconds.
  1  8    Sec. 2.  Section 908.11, subsection 4, Code 2018, is amended
  1  9 to read as follows:
  1 10    4.  a.  If the violation is established, the court may
  1 11 continue the probation or youthful offender status with
  1 12 or without an alteration of the conditions of probation or
  1 13 a youthful offender status. If the defendant is an adult
  1 14 or a youthful offender the court may hold the defendant
  1 15 in contempt of court and sentence the defendant to a jail
  1 16 term while continuing the probation or youthful offender
  1 17 status, classify the violation as a technical violation and
  1 18 proceed under paragraph "b" while continuing the probation or
  1 19 youthful offender status, order the defendant to be placed in
  1 20 a violator facility established pursuant to section 904.207
  1 21 while continuing the probation or youthful offender status,
  1 22 extend the period of probation for up to one year as authorized
  1 23 in section 907.7 while continuing the probation or youthful
  1 24 offender status, or except as provided in paragraph "b", revoke
  1 25 the probation or youthful offender status and require the
  1 26 defendant to serve the sentence imposed or any lesser sentence,
  1 27 and, if imposition of sentence was deferred, may impose any
  1 28 sentence which might originally have been imposed.
  1 29    b.  (1)  If the violation established is a technical
  1 30 violation, the court may sentence the defendant to a jail term
  1 31 or order the defendant to be placed in a violator facility
  1 32 established pursuant to section 904.207 while continuing the
  1 33 probation or youthful offender status.  The jail term or
  1 34 placement shall not exceed the following:
  1 35    (a)  Five days for a first technical violation.
  2  1    (b)  Ten days for a second technical violation.
  2  2    (c)  Fifteen days for a third or subsequent violation.
  2  3    (2)  The court shall not revoke the probation or youthful
  2  4 offender status of a defendant unless at least four technical
  2  5 violations have been established.
  2  6                           EXPLANATION
  2  7 The inclusion of this explanation does not constitute agreement with
  2  8 the explanation's substance by the members of the general assembly.
  2  9    This bill relates to technical violations of probation.
  2 10    The bill defines "technical violation" to mean a violation
  2 11 of probation other than a violation involving an arrest,
  2 12 conviction, or failure to follow a specific court=imposed
  2 13 condition of probation, or when the probationer absconds.
  2 14    If a violation of probation is established under the bill,
  2 15 the court may classify the violation as a technical violation
  2 16 and proceed while continuing the probation or youthful offender
  2 17 status of the defendant.  If the court classifies the violation
  2 18 as a technical violation of probation, the court may sentence
  2 19 the defendant to a jail term or order the defendant to be
  2 20 placed in a violator facility established pursuant to Code
  2 21 section 904.207 while continuing the probation or youthful
  2 22 offender status.  The bill limits the jail term or placement
  2 23 in the violator facility for a technical violation to the
  2 24 following periods of time: 5 days for a first technical
  2 25 violation, 10 days for a second technical violation, and 15
  2 26 days for a third or subsequent violation.
  2 27    The bill specifies that the court shall not revoke the
  2 28 probation or youthful offender status of a person unless at
  2 29 least four technical violations have been established.
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