Bill Text: IA SF2374 | 2019-2020 | 88th General Assembly | Amended
Bill Title: A bill for an act relating to restitution ordered in a criminal proceeding, court debt, and civil claims for reimbursement against inmates, and including effective date provisions. (Formerly SF 2244.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2020-03-11 - Subcommittee Meeting: 03/12/2020 9:30AM House Lounge. [SF2374 Detail]
Download: Iowa-2019-SF2374-Amended.html
Senate
File
2374
-
Reprinted
SENATE
FILE
2374
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SF
2244)
(As
Amended
and
Passed
by
the
Senate
March
10,
2020
)
A
BILL
FOR
An
Act
relating
to
restitution
ordered
in
a
criminal
1
proceeding,
court
debt,
and
civil
claims
for
reimbursement
2
against
inmates,
and
including
effective
date
provisions.
3
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
4
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2374
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S.F.
2374
Section
1.
Section
331.659,
subsection
1,
paragraph
a,
1
unnumbered
paragraph
1,
Code
2020,
is
amended
to
read
as
2
follows:
3
A
Except
for
a
civil
claim
for
reimbursement
under
section
4
356.7,
a
sheriff
or
a
deputy
sheriff
shall
not:
5
Sec.
2.
Section
356.7,
subsection
2,
paragraph
i,
Code
2020,
6
is
amended
by
striking
the
paragraph.
7
Sec.
3.
Section
356.7,
subsection
4,
Code
2020,
is
amended
8
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
9
following:
10
4.
A
claim
for
reimbursement
shall
be
filed
in
a
separate
11
civil
action
rather
than
as
a
claim
in
the
underlying
criminal
12
case.
13
Sec.
4.
Section
602.8102,
Code
2020,
is
amended
by
adding
14
the
following
new
subsection:
15
NEW
SUBSECTION
.
105C.
Apply
payments
made
to
a
civil
claim
16
for
reimbursement
judgment
under
section
356.7
to
court
debt,
17
as
defined
in
section
602.8107,
in
the
priority
order
set
out
18
in
section
602.8107,
subsection
2,
if
the
debtor
has
delinquent
19
court
debt.
20
Sec.
5.
Section
602.8105,
subsection
1,
Code
2020,
is
21
amended
by
adding
the
following
new
paragraph:
22
NEW
PARAGRAPH
.
k.
For
a
civil
claim
for
reimbursement
under
23
section
356.7,
zero
dollars.
24
Sec.
6.
Section
602.8107,
subsection
1,
paragraph
a,
Code
25
2020,
is
amended
by
striking
the
paragraph
and
inserting
in
26
lieu
thereof
the
following:
27
a.
“Court
debt”
means
all
restitution,
fees,
and
forfeited
28
bail.
29
Sec.
7.
Section
602.8107,
subsection
2,
paragraphs
b
and
c,
30
Code
2020,
are
amended
to
read
as
follows:
31
b.
(1)
If
Except
as
provided
in
subparagraph
(2),
if
a
case
32
number
is
not
identified,
the
clerk
shall
apply
the
payment
to
33
the
balance
owed
in
the
criminal
case
with
the
oldest
judgment
34
against
the
person.
35
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(2)
The
clerk
shall
apply
payments
to
pecuniary
damages
1
in
other
criminal
cases
when
no
case
number
is
identified
in
2
priority
order
from
the
oldest
judgment
to
the
most
recent
3
judgment
before
applying
payments
to
any
other
court
debt.
4
c.
Payments
received
under
this
section
shall
be
applied
in
5
the
following
priority
order:
6
(1)
Pecuniary
damages
as
defined
in
section
910.1,
7
subsection
3
.
8
(2)
Fines
or
penalties
and
criminal
penalty
and
law
9
enforcement
initiative
surcharges.
10
(3)
Crime
victim
compensation
program
reimbursement.
11
(4)
Court
costs
,
including
correctional
fees
assessed
12
pursuant
to
sections
356.7
and
904.108
,
court-appointed
13
attorney
fees,
or
public
defender
expenses.
14
Sec.
8.
Section
602.8107,
subsection
4,
paragraph
a,
Code
15
2020,
is
amended
to
read
as
follows:
16
a.
This
subsection
does
not
apply
to
amounts
collected
for
17
victim
restitution
involving
pecuniary
damages
,
the
victim
18
compensation
fund,
the
criminal
penalty
surcharge,
sex
offender
19
civil
penalty,
drug
abuse
resistance
education
surcharge,
20
the
law
enforcement
initiative
surcharge,
county
enforcement
21
surcharge,
or
amounts
collected
as
a
result
of
procedures
22
initiated
under
subsection
5
or
under
section
8A.504
,
or
fees
23
charged
pursuant
to
section
356.7
.
24
Sec.
9.
Section
909.3,
subsection
1,
Code
2020,
is
amended
25
to
read
as
follows:
26
1.
All
Unless
a
plan
of
payment
has
been
issued
pursuant
to
27
chapter
910,
fines
imposed
by
the
court
shall
be
paid
on
the
28
day
the
fine
is
imposed,
and
the
person
shall
be
instructed
to
29
pay
such
fines
with
the
office
of
the
clerk
of
the
district
30
court
on
the
date
of
imposition.
31
Sec.
10.
Section
910.1,
subsection
4,
Code
2020,
is
amended
32
by
striking
the
subsection
and
inserting
in
lieu
thereof
the
33
following:
34
4.
“Restitution”
means
pecuniary
damages,
category
“A”
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restitution,
and
category
“B”
restitution.
1
Sec.
11.
Section
910.1,
Code
2020,
is
amended
by
adding
the
2
following
new
subsections:
3
NEW
SUBSECTION
.
01.
“Category
“A”
restitution”
means
fines,
4
penalties,
and
surcharges.
5
NEW
SUBSECTION
.
001.
“Category
“B”
restitution”
means
6
the
contribution
of
funds
to
a
local
anticrime
organization
7
which
provided
assistance
to
law
enforcement
in
an
offender’s
8
case,
the
payment
of
crime
victim
compensation
program
9
reimbursements,
payment
of
restitution
to
public
agencies
10
pursuant
to
section
321J.2,
subsection
13,
paragraph
“b”
,
11
court
costs,
court-appointed
attorney
fees
ordered
pursuant
to
12
section
815.9,
including
the
expense
of
a
public
defender,
and
13
payment
to
the
medical
assistance
program
pursuant
to
chapter
14
249A
for
expenditures
paid
on
behalf
of
the
victim
resulting
15
from
the
offender’s
criminal
activities
including
investigative
16
costs
incurred
by
the
Medicaid
fraud
control
unit
pursuant
to
17
section
249A.50.
18
NEW
SUBSECTION
.
1A.
“Financial
affidavit”
means
a
signed
19
affidavit
under
penalty
of
perjury
that
provides
financial
20
information
about
the
offender
to
enable
the
sentencing
court
21
or
the
department
of
corrections
to
make
a
determination
22
regarding
the
ability
of
the
offender
to
pay
category
“B”
23
restitution.
“Financial
affidavit”
includes
the
offender’s
24
income,
physical
and
mental
health,
age,
education,
employment,
25
inheritance,
other
debts,
other
amounts
of
restitution
owed,
26
family
circumstances,
and
any
assets
subject
to
execution,
27
including
but
not
limited
to
cash,
accounts
at
financial
28
institutions,
stocks,
bonds,
and
any
other
property
which
may
29
be
applied
to
the
satisfaction
of
judgments.
30
NEW
SUBSECTION
.
3A.
“Permanent
restitution
order”
means
an
31
order
entered
when
the
court
is
able
to
order
the
full
amount
32
of
restitution,
either
at
the
time
of
sentencing
or
at
a
later
33
date
to
be
determined
by
the
court.
34
NEW
SUBSECTION
.
3B.
“Plan
of
payment”
or
“restitution
plan
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of
payment”
means
a
plan
for
paying
restitution
wherein
the
1
defendant
is
ordered
to
pay
a
certain
amount
of
money
each
2
month
to
repay
outstanding
restitution.
3
NEW
SUBSECTION
.
3C.
“Plan
of
restitution”
means
a
temporary
4
restitution
order,
permanent
restitution
order,
restitution
5
plan
of
payment,
any
other
court
order
relating
to
restitution,
6
or
any
combination
of
the
foregoing.
7
NEW
SUBSECTION
.
4A.
“Temporary
restitution
order”
means
8
an
order
entered
when
the
sentencing
court
is
unable
to
order
9
the
full
amount
of
restitution,
whether
due
to
incomplete
10
statements
of
pecuniary
damages,
incomplete
statements
11
involving
other
restitution,
or
for
any
other
cause.
12
Sec.
12.
Section
910.2,
Code
2020,
is
amended
by
striking
13
the
section
and
inserting
in
lieu
thereof
the
following:
14
910.2
Restitution
or
community
service
ordered
by
sentencing
15
court.
16
1.
a.
In
all
criminal
cases
in
which
there
is
a
plea
of
17
guilty,
verdict
of
guilty,
or
special
verdict
upon
which
a
18
judgment
of
conviction
is
rendered,
the
sentencing
court
shall
19
order
that
pecuniary
damages
be
paid
by
each
offender
to
the
20
victims
of
the
offender’s
criminal
activities,
and
that
all
21
other
restitution
be
paid
to
the
clerk
of
court
subject
to
the
22
following:
23
(1)
Pecuniary
damages
and
category
“A”
restitution
shall
be
24
ordered
without
regard
to
an
offender’s
reasonable
ability
to
25
make
payments.
26
(2)
Category
“B”
restitution
shall
be
ordered
subject
to
27
an
offender’s
reasonable
ability
to
make
payments
pursuant
to
28
section
910.2A.
29
b.
Pecuniary
damages
shall
be
paid
to
victims
in
full
before
30
category
“A”
and
category
“B”
restitution
are
paid.
31
c.
In
structuring
a
plan
of
restitution,
the
plan
of
payment
32
shall
provide
for
payments
in
the
following
order
of
priority:
33
(1)
Pecuniary
damages
to
the
victim.
34
(2)
Category
“A”
restitution.
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(3)
Category
“B”
restitution
in
the
following
order:
1
(a)
Crime
victim
compensation
program
reimbursement.
2
(b)
Public
agencies.
3
(c)
Court
costs.
4
(d)
Court-appointed
attorney
fees
ordered
pursuant
to
5
section
815.9,
including
the
expense
of
a
public
defender.
6
(e)
Contribution
to
a
local
anticrime
organization.
7
(f)
The
medical
assistance
program.
8
2.
a.
When
the
offender
is
not
reasonably
able
to
pay
9
all
or
a
part
of
category
“B”
restitution,
the
court
may
10
require
the
offender
in
lieu
of
that
portion
of
category
“B”
11
restitution
for
which
the
offender
is
not
reasonably
able
to
12
pay,
to
perform
a
needed
public
service
for
a
governmental
13
agency
or
for
a
private
nonprofit
agency
which
provides
a
14
service
to
the
youth,
elderly,
or
poor
of
the
community.
15
b.
When
community
service
is
ordered,
the
court
shall
set
16
a
specific
number
of
hours
of
service
to
be
performed
by
the
17
offender.
When
calculating
the
amount
of
community
service
to
18
be
performed
in
lieu
of
payment
of
court-appointed
attorney
19
fees,
the
court
shall
determine
the
approximate
equivalent
20
value
of
the
expenses
of
the
public
defender.
The
judicial
21
district
department
of
correctional
services
shall
provide
for
22
the
assignment
of
the
offender
to
a
public
agency
or
private
23
nonprofit
agency
to
perform
the
required
service.
24
Sec.
13.
NEW
SECTION
.
910.2A
Reasonable
ability
to
pay
——
25
category
“B”
restitution
payments.
26
1.
An
offender
is
presumed
to
have
the
reasonable
ability
27
to
make
restitution
payments
for
the
full
amount
of
category
28
“B”
restitution.
29
2.
If
an
offender
requests
that
the
court
determine
the
30
amount
of
category
“B”
restitution
payments
the
offender
is
31
reasonably
able
to
make
toward
paying
the
full
amount
of
such
32
restitution,
the
court
shall
hold
a
hearing
and
make
such
a
33
determination,
subject
to
the
following
provisions:
34
a.
To
obtain
relief
at
such
a
hearing,
the
offender
must
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affirmatively
prove
by
a
preponderance
of
the
evidence
that
the
1
offender
is
unable
to
reasonably
make
payments
toward
the
full
2
amount
of
category
“B”
restitution.
3
b.
The
offender
must
furnish
the
prosecuting
attorney
and
4
sentencing
court
with
a
completed
financial
affidavit.
Failure
5
to
furnish
a
completed
financial
affidavit
waives
any
claim
6
regarding
the
offender’s
reasonable
ability
to
pay.
7
c.
The
prosecuting
attorney,
the
attorney
for
the
defendant,
8
and
the
court
shall
be
permitted
to
question
the
offender
9
regarding
the
offender’s
reasonable
ability
to
pay.
10
d.
Based
on
the
evidence
offered
at
the
hearing,
including
11
but
not
limited
to
the
financial
affidavit,
the
court
shall
12
determine
the
amount
of
category
“B”
restitution
the
offender
13
is
reasonably
able
to
make
payments
toward,
and
order
the
14
offender
to
make
payments
toward
that
amount.
15
3.
a.
If
an
offender
does
not
make
a
request
as
provided
in
16
subsection
2
at
the
time
of
sentencing
or
within
thirty
days
17
after
the
court
issues
a
permanent
restitution
order,
the
court
18
shall
order
the
offender
to
pay
the
full
amount
of
category
“B”
19
restitution.
20
b.
An
offender’s
failure
to
request
a
determination
21
pursuant
to
this
section
waives
all
future
claims
regarding
22
the
offender’s
reasonable
ability
to
pay,
except
as
provided
23
by
section
910.7.
24
4.
If
a
court
finds
an
offender
is
not
reasonably
able
25
to
make
payments
toward
the
full
amount
of
category
“B”
26
restitution,
the
offender’s
financial
affidavit
shall
be
27
filed
of
record
in
all
criminal
cases
for
which
the
offender
28
owes
restitution
and
the
affidavit
shall
be
accessible
by
a
29
prosecuting
attorney
or
attorney
for
the
offender
without
court
30
order
or
appearance.
31
5.
A
court
that
makes
a
determination
under
this
section
is
32
presumed
to
have
properly
exercised
its
discretion.
A
court
is
33
not
required
to
state
its
reasons
for
making
a
determination.
34
Sec.
14.
Section
910.3,
Code
2020,
is
amended
to
read
as
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follows:
1
910.3
Determination
of
amount
of
restitution.
2
1.
The
county
prosecuting
attorney
shall
prepare
a
3
statement
of
pecuniary
damages
to
victims
of
the
defendant
4
and,
if
applicable,
any
award
by
the
crime
victim
compensation
5
program
and
expenses
incurred
by
public
agencies
pursuant
to
6
section
321J.2,
subsection
13
,
paragraph
“b”
,
and
shall
provide
7
the
statement
to
the
presentence
investigator
or
submit
the
8
statement
to
the
court
at
the
time
of
sentencing.
9
2.
The
clerk
of
court
shall
prepare
a
statement
of
10
court-appointed
attorney
fees
ordered
pursuant
to
section
11
815.9
,
including
the
expense
of
a
public
defender
,
and
court
12
costs
including
correctional
fees
claimed
by
a
sheriff
or
13
municipality
pursuant
to
section
356.7
,
which
shall
be
provided
14
to
the
presentence
investigator
or
submitted
to
the
court
at
15
the
time
of
sentencing.
16
3.
If
these
the
statements
in
subsection
1
or
2
are
provided
17
to
the
presentence
investigator,
they
shall
become
a
part
of
18
the
presentence
report.
19
4.
If
pecuniary
damage
amounts
are
not
available
or
are
20
incomplete
at
the
time
of
sentencing,
the
county
prosecuting
21
attorney
shall
provide
a
statement
of
pecuniary
damages
22
incurred
up
to
that
time
to
the
clerk
of
court.
23
5.
The
statement
of
pecuniary
damages
shall
ordinarily
be
24
provided
no
later
than
thirty
days
after
sentencing.
However,
25
a
prosecuting
attorney
may
file
a
statement
of
pecuniary
26
damages
within
a
reasonable
time
after
the
prosecuting
attorney
27
is
notified
by
a
victim
of
any
pecuniary
damages
incurred.
28
6.
If
a
defendant
believes
no
person
suffered
pecuniary
29
damages,
the
defendant
shall
so
state.
30
7.
If
the
defendant
has
any
mental
or
physical
impairment
31
which
would
limit
or
prohibit
the
performance
of
a
public
32
service,
the
defendant
shall
so
state.
The
court
may
order
a
33
mental
or
physical
examination,
or
both,
of
the
defendant
to
34
determine
a
proper
course
of
action.
At
the
time
of
sentencing
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or
at
a
later
date
to
be
determined
by
the
court,
1
8.
If
the
full
amount
of
restitution
is
known
at
the
time
of
2
sentencing,
the
court
shall
set
enter
a
permanent
restitution
3
order
setting
out
the
amount
of
restitution
including
the
4
amount
of
public
service
to
be
performed
as
restitution
and
5
the
persons
to
whom
restitution
must
be
paid.
A
permanent
6
restitution
order
entered
at
the
time
of
sentencing
is
part
of
7
the
final
judgment
of
sentence
as
defined
in
section
814.6
and
8
may
be
considered
in
a
properly
perfected
appeal.
9
9.
If
the
full
amount
of
restitution
cannot
be
determined
10
at
the
time
of
sentencing,
the
court
shall
issue
a
temporary
11
restitution
order
determining
a
reasonable
amount
for
12
restitution
identified
up
to
that
time.
A
temporary
13
restitution
order
is
not
part
of
the
final
judgment
of
sentence
14
as
defined
in
section
814.6
and
is
not
an
appealable
order,
15
except
by
writ
of
certiorari
as
provided
by
section
910.7.
16
At
a
later
date
as
determined
by
the
court,
the
court
shall
17
issue
a
permanent
,
supplemental
restitution
order
,
setting
the
18
full
amount
of
restitution.
The
court
shall
enter
further
19
supplemental
orders,
if
necessary.
These
court
orders
shall
be
20
known
as
the
plan
of
restitution.
21
10.
A
permanent
restitution
order
may
be
superseded
by
22
subsequent
orders
if
additional
or
different
restitution
is
23
ordered.
24
Sec.
15.
Section
910.4,
subsection
1,
paragraph
b,
25
subparagraphs
(1)
and
(2),
Code
2020,
are
amended
to
read
as
26
follows:
27
(1)
If
the
court
extends
the
period
of
probation,
the
period
28
of
probation
shall
not
be
for
more
than
the
maximum
period
of
29
probation
for
the
offense
committed
except
for
an
extension
of
30
a
period
of
probation
as
authorized
in
section
907.7
.
After
31
discharge
from
probation
or
after
the
expiration
of
the
period
32
of
probation,
as
extended
if
applicable,
the
failure
of
an
33
offender
to
comply
with
the
plan
of
restitution
ordered
by
the
34
court
shall
constitute
contempt
of
court.
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(2)
If
an
offender’s
probation
is
revoked,
the
offender’s
1
assigned
probation
officer
shall
forward
to
the
director
of
2
the
Iowa
department
of
corrections
,
all
known
information
3
concerning
the
offender’s
restitution
plan,
restitution
plan
of
4
payment,
the
restitution
payment
balance
obligations,
including
5
but
not
limited
to
the
plan
of
restitution
,
and
any
other
6
pertinent
information
concerning
or
affecting
restitution
by
7
the
offender.
8
Sec.
16.
Section
910.4,
subsections
2
and
3,
Code
2020,
are
9
amended
to
read
as
follows:
10
2.
When
the
offender
is
committed
to
a
county
jail,
or
to
11
an
alternate
facility,
the
office
or
individual
charged
with
12
supervision
of
the
offender
shall
prepare
a
restitution
plan
13
of
payment
taking
into
consideration
the
offender’s
income,
14
physical
and
mental
health,
age,
education,
employment
and
15
family
circumstances
and
shall
submit
the
plan
to
the
court
.
16
a.
The
office
or
individual
charged
with
supervision
of
the
17
offender
shall
review
the
plan
of
restitution
ordered
by
the
18
court,
and
shall
submit
a
restitution
plan
of
payment
to
the
19
sentencing
court.
20
b.
a.
When
community
service
is
ordered
by
the
court
as
21
restitution,
the
restitution
plan
of
payment
shall
set
out
a
22
plan
to
meet
the
requirement
for
the
community
service.
23
c.
The
court
may
approve
or
modify
the
plan
of
restitution
24
and
restitution
plan
of
payment.
25
d.
b.
When
there
is
a
significant
change
in
the
offender’s
26
income
or
circumstances,
the
office
or
individual
which
has
27
supervision
of
the
restitution
plan
of
payment
shall
submit
a
28
modified
restitution
plan
of
payment
to
the
court.
29
3.
a.
When
there
is
a
transfer
of
supervision
from
one
30
office
or
individual
charged
with
supervision
of
the
offender
31
to
another,
the
sending
office
or
individual
shall
forward
to
32
the
receiving
office
or
individual
all
necessary
information
33
regarding
the
balance
owed
against
the
original
amount
of
34
restitution
ordered
and
the
balance
of
public
service
required.
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b.
When
If
there
has
been
a
significant
change
in
the
1
offender’s
circumstances
and
or
income
have
significantly
2
changed
,
the
receiving
office
or
individual
shall
submit
a
3
new
restitution
plan
of
payment
to
the
sentencing
court
for
4
approval
or
modification
based
on
the
considerations
enumerated
5
in
this
section
.
6
Sec.
17.
Section
910.4,
Code
2020,
is
amended
by
adding
the
7
following
new
subsection:
8
NEW
SUBSECTION
.
4.
Notwithstanding
any
other
provision
9
in
this
chapter,
the
plan
of
payment
shall
be
based
on
all
10
information
pertinent
to
the
offender’s
reasonable
ability
to
11
pay.
The
first
monthly
payment
under
such
a
plan
shall
be
made
12
within
thirty
days
of
the
approval
of
the
plan.
13
Sec.
18.
Section
910.6,
Code
2020,
is
amended
to
read
as
14
follows:
15
910.6
Payment
plan
——
copy
to
victims.
16
An
office
or
individual
preparing
a
restitution
plan
of
17
payment
or
modified
restitution
plan
of
payment
,
when
it
is
18
approved
by
the
court
if
approval
is
required
under
section
19
910.4
,
or
when
the
plan
is
completed
if
court
approval
20
under
section
910.4
is
not
required,
shall
forward
a
copy
to
21
the
clerk
of
court
in
the
county
in
which
the
offender
was
22
sentenced.
The
clerk
of
court
shall
forward
a
copy
of
the
23
restitution
plan
of
payment
or
modified
plan
of
payment
to
the
24
victim
or
victims.
25
Sec.
19.
Section
910.7,
subsections
1
and
3,
Code
2020,
are
26
amended
to
read
as
follows:
27
1.
At
any
time
during
the
period
of
probation,
parole,
or
28
incarceration,
the
offender
,
the
prosecuting
attorney,
or
the
29
office
or
individual
who
prepared
the
offender’s
restitution
30
plan
may
petition
the
court
on
any
matter
related
to
the
plan
31
of
restitution
or
restitution
plan
of
payment
and
the
court
32
shall
grant
a
hearing
if
on
the
face
of
the
petition
it
appears
33
that
a
hearing
is
warranted.
34
3.
If
a
petition
related
to
a
plan
of
restitution
has
been
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filed,
the
offender,
the
county
prosecuting
attorney,
the
1
department
of
corrections
if
the
offender
is
currently
confined
2
in
a
correctional
institution,
the
office
or
individual
who
3
prepared
the
offender’s
restitution
plan,
and
the
victim
shall
4
receive
notice
prior
to
any
hearing
under
this
section
.
5
Sec.
20.
Section
910.7,
Code
2020,
is
amended
by
adding
the
6
following
new
subsections:
7
NEW
SUBSECTION
.
4.
An
appellate
court
shall
not
review
8
or
modify
an
offender’s
plan
of
restitution,
restitution
9
plan
of
payment,
or
any
other
issue
related
to
an
offender’s
10
restitution
under
this
subsection,
unless
the
offender
has
11
exhausted
the
offender’s
remedies
under
this
section
and
12
obtained
a
ruling
from
the
district
court
prior
to
the
issue
13
being
raised
in
the
appellate
courts.
14
NEW
SUBSECTION
.
5.
Appellate
review
of
a
district
court
15
ruling
under
this
section
shall
be
by
writ
of
certiorari.
16
Sec.
21.
Section
910.9,
subsection
3,
Code
2020,
is
amended
17
to
read
as
follows:
18
3.
Fines,
penalties,
and
surcharges,
crime
victim
19
compensation
program
reimbursement,
public
agency
restitution,
20
court
costs
including
correctional
fees
claimed
by
a
sheriff
21
or
municipality
pursuant
to
section
356.7
,
and
court-appointed
22
attorney
fees
ordered
pursuant
to
section
815.9
,
including
the
23
expenses
for
public
defenders,
Category
“A”
restitution
and
24
category
“B”
restitution
shall
not
be
withheld
by
the
clerk
of
25
court
until
all
pecuniary
damages
to
victims
have
been
paid
in
26
full.
Payments
to
victims
shall
be
made
by
the
clerk
of
court
27
at
least
quarterly.
Payments
by
a
clerk
of
court
shall
be
made
28
no
later
than
the
last
business
day
of
the
quarter,
but
may
be
29
made
more
often
at
the
discretion
of
the
clerk
of
court.
The
30
clerk
of
court
receiving
final
payment
from
an
offender
shall
31
notify
all
victims
that
full
restitution
has
been
made.
Each
32
office
or
individual
charged
with
supervising
an
offender
who
33
is
required
to
perform
community
service
as
full
or
partial
34
restitution
shall
keep
records
to
assure
compliance
with
the
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portions
of
the
plan
of
restitution
and
restitution
plan
of
1
payment
relating
to
community
service
and,
when
the
offender
2
has
complied
fully
with
the
community
service
requirement,
3
notify
the
sentencing
court.
4
Sec.
22.
EFFECTIVE
DATE.
This
Act
takes
effect
October
1,
5
2020.
6
Sec.
23.
FINANCIAL
AFFIDAVIT
——
SUPREME
COURT
RULES.
The
7
supreme
court
shall
adopt
rules
prescribing
the
form
and
8
content
of
the
financial
affidavit.
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