Bill Text: IA SSB3130 | 2019-2020 | 88th General Assembly | Introduced
Bill Title: A bill for an act to relating to court-ordered reimbursement of jail costs and restitution.
Spectrum: Committee Bill
Status: (Introduced - Dead) 2020-02-06 - Subcommittee: Dawson, Kinney, and Whiting. [SSB3130 Detail]
Download: Iowa-2019-SSB3130-Introduced.html
Senate
Study
Bill
3130
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
to
relating
to
court-ordered
reimbursement
of
jail
costs
1
and
restitution.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
356.7,
subsection
3,
Code
2020,
is
1
amended
to
read
as
follows:
2
3.
Upon
receipt
of
a
claim
for
reimbursement,
the
court
3
shall
approve
the
claim
in
favor
of
the
sheriff
or
the
county,
4
or
the
municipality,
for
the
amount
owed
by
the
prisoner
as
5
identified
in
the
claim
and
any
fees
or
charges
associated
6
with
the
filing
or
processing
of
the
claim
with
the
court.
7
The
If
the
sheriff
or
municipality
may
choose
to
enforce
the
8
claim
in
the
manner
provided
in
chapter
626
.
Once
approved
9
by
the
court,
the
claim
for
the
amount
owed
by
the
person
10
shall
have
the
force
and
effect
of
a
judgment
for
purposes
of
11
enforcement
by
the
sheriff
or
municipality
has
not
requested
12
the
claim
be
included
within
the
order
for
payment
of
13
restitution
as
provided
pursuant
to
subsection
2,
paragraph
14
“i”
,
the
court-approved
claim
shall
be
a
civil
judgment
against
15
the
prisoner
in
favor
of
the
sheriff
or
the
county,
or
the
16
municipality,
and
shall
be
enforceable
in
the
same
manner
as
17
any
other
judgment
.
However,
irrespective
of
whether
the
18
judgment
lien
for
the
amount
of
the
claim
has
been
perfected,
19
the
claim
shall
not
have
priority
over
competing
claims
for
20
child
support
obligations
owed
by
the
person.
21
Sec.
2.
Section
910.2,
Code
2020,
is
amended
to
read
as
22
follows:
23
910.2
Restitution
or
community
service
to
be
ordered
by
24
sentencing
court.
25
1.
a.
In
all
criminal
cases
in
which
there
is
a
plea
of
26
guilty,
verdict
of
guilty,
or
special
verdict
upon
which
a
27
judgment
of
conviction
is
rendered,
the
sentencing
court
shall
28
order
that
restitution
be
made
by
each
offender
to
the
victims
29
of
the
offender’s
criminal
activities,
to
the
clerk
of
court
30
for
fines,
penalties,
surcharges
,
and,
to
the
extent
that
the
31
offender
is
reasonably
able
to
pay,
for
the
following:
32
(1)
Crime
victim
assistance
reimbursement.
33
(2)
Restitution
to
public
agencies
pursuant
to
section
34
321J.2,
subsection
13
,
paragraph
“b”
.
35
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(3)
Court
costs
including
correctional
fees
approved
1
pursuant
to
section
356.7
.
2
(4)
Court-appointed
attorney
fees
ordered
pursuant
to
3
section
815.9
,
including
the
expense
of
a
public
defender,
when
4
applicable.
5
(5)
Contribution
to
a
local
anticrime
organization.
6
(6)
Restitution
to
the
medical
assistance
program
pursuant
7
to
chapter
249A
.
8
b.
To
the
extent
an
offender
is
reasonably
able
to
pay,
9
the
sentencing
court
shall
order
the
offender
to
pay
for
10
court-appointed
attorney
fees
ordered
pursuant
to
section
11
815.9,
including
the
expense
of
a
public
defender,
when
12
applicable.
13
b.
c.
However,
victims
shall
be
paid
in
full
before
14
fines,
penalties,
and
surcharges,
crime
victim
compensation
15
program
reimbursement,
public
agencies,
court
costs
16
including
correctional
fees
approved
pursuant
to
section
17
356.7
,
court-appointed
attorney
fees
ordered
pursuant
to
18
section
815.9
,
including
the
expenses
of
a
public
defender,
19
contributions
to
a
local
anticrime
organization,
or
the
medical
20
assistance
program
are
paid.
21
c.
d.
In
structuring
a
plan
of
restitution,
the
court
shall
22
provide
for
payments
in
the
following
order
of
priority:
23
(1)
Victim.
24
(2)
Fines,
penalties,
and
surcharges.
25
(3)
Crime
victim
compensation
program
reimbursement.
26
(4)
Public
agencies.
27
(5)
Court
costs
including
correctional
fees
approved
28
pursuant
to
section
356.7
.
29
(6)
Court-appointed
attorney
fees
ordered
pursuant
to
30
section
815.9
,
including
the
expense
of
a
public
defender.
31
(7)
Contribution
to
a
local
anticrime
organization.
32
(8)
The
medical
assistance
program.
33
2.
a.
When
the
offender
is
not
reasonably
able
to
pay
34
all
or
a
part
of
the
crime
victim
compensation
program
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reimbursement,
public
agency
restitution,
court
costs
1
including
correctional
fees
approved
pursuant
to
section
356.7
,
2
court-appointed
attorney
fees
ordered
pursuant
to
section
3
815.9
,
including
the
expense
of
a
public
defender,
contribution
4
to
a
local
anticrime
organization,
or
medical
assistance
5
program
restitution,
the
court
may
require
the
offender
,
6
in
lieu
of
that
portion
of
the
crime
victim
compensation
7
program
reimbursement,
public
agency
restitution,
court
costs
8
including
correctional
fees
approved
pursuant
to
section
356.7
,
9
court-appointed
attorney
fees
ordered
pursuant
to
section
10
815.9
,
including
the
expense
of
a
public
defender,
contribution
11
to
a
local
anticrime
organization,
or
medical
assistance
12
program
restitution
for
which
the
offender
is
not
reasonably
13
able
to
pay
payment
,
to
perform
a
needed
public
service
for
a
14
governmental
agency
or
for
a
private
nonprofit
agency
which
15
provides
a
service
to
the
youth,
elderly,
or
poor
of
the
16
community.
17
b.
When
community
service
is
ordered,
the
court
shall
set
18
a
specific
number
of
hours
of
service
to
be
performed
by
the
19
offender
which,
for
payment
of
court-appointed
attorney
fees
20
ordered
pursuant
to
section
815.9
,
including
the
expenses
of
a
21
public
defender,
shall
be
approximately
equivalent
in
value
to
22
those
costs.
The
judicial
district
department
of
correctional
23
services
shall
provide
for
the
assignment
of
the
offender
to
24
a
public
agency
or
private
nonprofit
agency
to
perform
the
25
required
service.
26
Sec.
3.
Section
910.3,
Code
2020,
is
amended
to
read
as
27
follows:
28
910.3
Determination
of
amount
of
restitution.
29
The
county
attorney
shall
prepare
a
statement
of
pecuniary
30
damages
to
victims
of
the
defendant
and,
if
applicable,
any
31
award
by
the
crime
victim
compensation
program
and
expenses
32
incurred
by
public
agencies
pursuant
to
section
321J.2,
33
subsection
13
,
paragraph
“b”
,
and
shall
provide
the
statement
34
to
the
presentence
investigator
or
submit
the
statement
to
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the
court
at
the
time
of
sentencing.
The
clerk
of
court
1
shall
prepare
a
statement
of
court-appointed
attorney
fees
2
ordered
pursuant
to
section
815.9
,
including
the
expense
of
a
3
public
defender,
and
court
costs
including
correctional
fees
4
claimed
by
a
sheriff
or
municipality
pursuant
to
section
356.7
,
5
which
shall
be
provided
to
the
presentence
investigator
or
6
submitted
to
the
court
at
the
time
of
sentencing.
If
these
7
statements
are
provided
to
the
presentence
investigator,
they
8
shall
become
a
part
of
the
presentence
report.
If
pecuniary
9
damage
amounts
are
not
available
at
the
time
of
sentencing,
the
10
county
attorney
shall
provide
a
statement
of
pecuniary
damages
11
incurred
up
to
that
time
to
the
clerk
of
court.
The
statement
12
shall
be
provided
no
later
than
thirty
days
after
sentencing.
13
If
a
defendant
believes
no
person
suffered
pecuniary
damages,
14
the
defendant
shall
so
state.
If
the
defendant
has
any
mental
15
or
physical
impairment
which
would
limit
or
prohibit
the
16
performance
of
a
public
service,
the
defendant
shall
so
state.
17
The
court
may
order
a
mental
or
physical
examination,
or
both,
18
of
the
defendant
to
determine
a
proper
course
of
action.
At
19
the
time
of
sentencing
or
at
a
later
date
to
be
determined
by
20
the
court,
the
court
shall
set
out
the
amount
of
restitution
21
including
the
amount
of
public
service
to
be
performed
as
22
restitution
and
the
persons
to
whom
restitution
must
be
paid
,
23
and
shall
make
a
finding
as
to
the
defendant’s
reasonable
24
ability
to
pay
court-appointed
attorney
fees
ordered
pursuant
25
to
section
815.9,
including
the
expense
of
a
public
defender,
26
if
applicable
.
If
the
full
amount
of
restitution
cannot
be
27
determined
at
the
time
of
sentencing,
the
court
shall
issue
a
28
temporary
order
determining
a
reasonable
amount
for
restitution
29
identified
up
to
that
time.
At
a
later
date
as
determined
by
30
the
court,
the
court
shall
issue
a
permanent,
supplemental
31
order,
setting
the
full
amount
of
restitution.
The
court
shall
32
enter
further
supplemental
orders,
if
necessary.
These
court
33
orders
shall
be
known
as
the
plan
of
restitution.
34
Sec.
4.
Section
910.7,
subsection
1,
Code
2020,
is
amended
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to
read
as
follows:
1
1.
At
any
time
during
the
period
of
probation,
parole,
or
2
incarceration,
the
The
offender
or
the
office
or
individual
3
who
prepared
the
offender’s
restitution
plan
may
petition
the
4
court
on
any
matter
related
to
the
plan
of
restitution
or
5
restitution
plan
of
payment
and
the
court
shall
grant
a
hearing
6
if
on
the
face
of
the
petition
it
appears
that
a
hearing
is
7
warranted.
A
petition
relating
to
the
amount
of
restitution
8
shall
be
filed
by
the
offender
or
the
office
or
individual
who
9
prepared
the
offender’s
restitution
plan
within
thirty
days
10
of
the
date
of
the
restitution
order.
A
petition
relating
11
to
the
offender’s
reasonable
ability
to
pay
court-appointed
12
attorney
fees
ordered
pursuant
to
section
815.9,
including
the
13
expense
of
a
public
defender,
shall
be
filed
within
thirty
days
14
of
the
date
of
the
sentencing
order
or
within
thirty
days
of
15
the
date
of
any
supplemental
restitution
order.
A
petition
16
relating
to
any
other
issue
may
be
filed
at
any
time
during
the
17
offender’s
period
of
probation,
parole,
or
incarceration.
An
18
offender’s
failure
to
file
a
petition
within
any
of
the
time
19
periods
specified
in
this
subsection
shall
be
deemed
a
waiver
20
of
any
objection
to
the
offender’s
plan
of
restitution
and
an
21
acknowledgment
by
the
offender
that
the
offender
does
have
a
22
reasonable
ability
to
pay
any
court-appointed
attorney
fees
as
23
previously
determined
by
the
court.
24
EXPLANATION
25
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
26
the
explanation’s
substance
by
the
members
of
the
general
assembly.
27
This
bill
relates
to
court-ordered
reimbursement
of
jail
28
costs
and
restitution.
29
Under
current
law,
a
sheriff
or
municipality
may
choose
to
30
enforce
a
claim
of
reimbursement
for
charges
for
administrative
31
costs
and
room
and
board
costs
at
a
jail
or
municipal
holding
32
facility
as
a
civil
claim.
Once
the
claim
is
approved
by
the
33
court,
it
shall
have
the
force
and
effect
of
a
judgment
for
34
purposes
of
enforcement
by
the
sheriff
or
municipality.
Under
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the
bill,
if
the
claim
of
reimbursement
was
not
requested
1
to
be
included
within
the
order
for
payment
of
restitution,
2
the
court-approved
claim
shall
be
a
civil
judgment
against
3
the
prisoner
in
favor
of
the
sheriff
or
county,
or
the
4
municipality,
and
is
not
subject
to
a
court’s
determination
of
5
the
prisoner’s
reasonable
ability
to
pay.
6
Current
law
provides
the
court
must
make
a
determination
7
of
an
offender’s
reasonable
ability
to
pay
in
a
criminal
case
8
prior
to
entering
a
restitution
order
against
the
offender
9
for
crime
victim
assistance
reimbursement,
restitution
to
10
public
agencies,
court
costs
including
correctional
fees,
11
court-appointed
attorney
fees,
contributions
to
a
local
12
anticrime
organization,
and
restitution
to
the
medical
13
assistance
program.
The
bill
eliminates
the
requirement
for
14
a
court
to
make
a
determination
of
the
offender’s
reasonable
15
ability
to
pay
except
for
court-appointed
attorney
fees
ordered
16
pursuant
to
Code
section
815.9.
17
Under
current
law,
when
a
court
makes
a
determination
an
18
offender
is
not
reasonably
able
to
pay,
the
court
may
require
19
the
offender
to
perform
public
service
in
lieu
of
payment
20
for
crime
victim
compensation
program
costs,
public
agency
21
restitution,
court
costs,
court-appointed
attorney
fees,
22
contributions
to
a
local
anticrime
organization,
or
medical
23
assistance
program
restitution.
Under
the
bill,
a
court
may
24
only
require
the
offender
to
perform
public
service
in
lieu
of
25
payment
for
court-appointed
attorney
fees
ordered
pursuant
to
26
Code
section
815.9.
27
Under
current
law,
if
the
full
amount
of
restitution
cannot
28
be
determined
at
the
time
of
sentencing,
the
court
is
required
29
to
issue
a
temporary
order
determining
a
reasonable
amount
30
for
restitution
identified
at
that
time,
and
shall
issue
a
31
permanent,
supplemental
order
determining
the
full
amount
of
32
restitution
at
a
later
date.
The
bill
strikes
this
provision.
33
The
bill
requires
the
court
to
make
a
finding
as
to
the
34
defendant’s
reasonable
ability
to
pay
court-appointed
attorney
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fees
ordered
pursuant
to
Code
section
815.9,
including
the
1
expense
of
a
public
defender,
at
the
time
of
sentencing
or
a
2
later
date
to
be
determined
by
the
court.
3
Under
current
law,
the
offender
or
the
office
or
individual
4
who
prepared
the
offender’s
restitution
plan
may
petition
5
the
court
for
a
hearing
on
any
matter
related
to
the
plan
6
of
restitution
at
any
time
during
the
offender’s
period
of
7
probation,
parole,
or
incarceration.
The
bill
requires
a
8
petition
for
a
hearing
relating
to
the
amount
of
restitution
9
to
be
filed
by
the
offender
or
the
office
or
individual
who
10
prepared
the
offender’s
restitution
plan
within
30
days
of
the
11
date
of
the
restitution
order.
A
petition
relating
to
the
12
offender’s
reasonable
ability
to
pay
court-appointed
attorney
13
fees,
including
the
expense
of
a
public
defender,
shall
be
14
filed
within
30
days
of
the
date
of
the
sentencing
order
or
15
within
30
days
of
the
date
of
any
supplemental
restitution
16
order.
Under
the
bill,
if
an
offender
does
not
file
a
petition
17
within
the
time
periods
specified
in
the
bill,
the
failure
18
to
file
shall
be
deemed
a
waiver
of
any
objection
to
the
19
offender’s
plan
of
restitution
and
an
acknowledgment
that
the
20
offender
has
the
reasonable
ability
to
pay
court-appointed
21
attorney
fees
as
previously
determined
by
the
court.
22
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