reglab/housing_qa huggingface dataset:
IA Code § 909.6 (2021)
2021 Iowa Code|Title XVI - CRIMINAL LAW AND PROCEDURE|Chapter 909 - FINES|Section 909.6 - Fine as judgment.

909.6 Fine as judgment.   1. Whenever a court has imposed a fine on any defendant, the judgment in such case shall state the amount of the fine, and shall have the force and effect of a judgment against the defendant for the amount of the fine. The law relating to judgment liens, executions, and other process available to creditors for the collection of debts shall be applicable to such judgments; provided, that no law exempting the personal property of the defendant from any lien or legal process shall be applicable to such judgments.   2. At the time of imposing the sentence, the court shall inform the offender of the amount of the fine and that the judgment includes the imposition of a criminal surcharge, court costs, and applicable fees. The court shall also inform the offender of the duty to pay the judgment in a timely manner.  [R60, §4902, 5003; C73, §4518, 4609; C97, §5446, 5531; C24, 27, 31, 35, 39, §13969, 13976; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §790.1, 791.6; C79, 81, §909.6]  93 Acts, ch 110, §13; 94 Acts, ch 1142, §14; 2018 Acts, ch 1041, §127  Referred to in §642.14A
IA Code § 909.7 (2021)
2021 Iowa Code|Title XVI - CRIMINAL LAW AND PROCEDURE|Chapter 909 - FINES|Section 909.7 - Ability to pay fine presumed.

909.7 Ability to pay fine presumed.   1. A defendant is presumed to be able to pay a fine. However, if the defendant proves to the satisfaction of the court that the defendant cannot pay the fine, the defendant shall not be sentenced to confinement for the failure to pay the fine.   2. A defendant who proves that the defendant cannot pay the fine may, at the discretion of the court, be ordered to perform community service pursuant to section 909.3A.  85 Acts, ch 197, §45; 93 Acts, ch 110, §14; 2018 Acts, ch 1041, §127
IA Code § 909.8 (2021)
2021 Iowa Code|Title XVI - CRIMINAL LAW AND PROCEDURE|Chapter 909 - FINES|Section 909.8 - Payment and collection provisions apply to surcharge.

909.8 Payment and collection provisions apply to surcharge.   The provisions of this chapter governing the payment and collection of a fine, except section 909.3A, also apply to the payment and collection of surcharges imposed pursuant to chapter 911.  87 Acts, ch 72, §1; 93 Acts, ch 110, §15; 2001 Acts, ch 168, §6; 2004 Acts, ch 1119, §8; 2008 Acts, ch 1172, §29  Referred to in §911.1
IA Code § 909.9 (2021)
2021 Iowa Code|Title XVI - CRIMINAL LAW AND PROCEDURE|Chapter 909 - FINES|Section 909.9 - Collection of delinquent fines and court costs — disposition.

909.9 Collection of delinquent fines and court costs — disposition. Repealed by 93 Acts, ch 110, §17. See §602.8107.
IA Code § 909.10 (2021)
2021 Iowa Code|Title XVI - CRIMINAL LAW AND PROCEDURE|Chapter 909 - FINES|Section 909.10 - Collection of delinquent amounts by the court.

909.10 Collection of delinquent amounts by the court. Repealed by  2008 Acts, ch 1172, §30  . See §602.8107.
IA Code § 910.2 (2021)
2021 Iowa Code|Title XVI - CRIMINAL LAW AND PROCEDURE|Chapter 910 - RESTITUTION|Section 910.2 - Restitution or community service ordered by sentencing court.

910.2 Restitution or community service ordered by sentencing court.   1. a. In all criminal cases in which there is a plea of guilty, verdict of guilty, or special verdict upon which a judgment of conviction is rendered, the sentencing court shall order that pecuniary damages be paid by each offender to the victims of the offender’s criminal activities, and that all other restitution be paid to the clerk of court subject to the following:   (1) Pecuniary damages and category “A” restitution shall be ordered without regard to an offender’s reasonable ability to make payments.   (2) Category “B” restitution shall be ordered subject to an offender’s reasonable ability to make payments pursuant to section 910.2A.   b. Pecuniary damages shall be paid to victims in full before category “A” and category “B” restitution are paid.   c. In structuring a plan of restitution, the plan of payment shall provide for payments in the following order of priority:   (1) Pecuniary damages to the victim.   (2) Category “A” restitution.   (3) Category “B” restitution in the following order:   (a) Crime victim compensation program reimbursement.   (b) Public agencies.   (c) Court costs.   (d) Court-appointed attorney fees ordered pursuant to section 815.9, including the expense of a public defender.   (e) Contribution to a local anticrime organization.   (f) The medical assistance program.   2. a. When the offender is not reasonably able to pay all or a part of category “B” restitution, the court may require the offender in lieu of that portion of category “B” restitution for which the offender is not reasonably able to pay, to perform a needed public service for a governmental agency or for a private nonprofit agency which provides a service to the youth, elderly, or poor of the community.   b. When community service is ordered, the court shall set a specific number of hours of service to be performed by the offender. When calculating the amount of community service to be performed in lieu of payment of court-appointed attorney fees, the court shall determine the approximate equivalent value of the expenses of the public defender. The judicial district department of correctional services shall provide for the assignment of the offender to a public agency or private nonprofit agency to perform the required service.  [C75, 77, §789A.8; C79, 81, §907.12; 82 Acts, ch 1162, §3]  83 Acts, ch 15, §2, 3; 85 Acts, ch 195, §66; 90 Acts, ch 1251, §75; 92 Acts, ch 1242, §36; 94 Acts, ch 1142, §16; 95 Acts, ch 75, §1; 96 Acts, ch 1091, §3; 96 Acts, ch 1193, §21; 97 Acts, ch 140, §3; 97 Acts, ch 177, §35; 2000 Acts, ch 1115, §9; 2002 Acts, ch 1119, §196; 2010 Acts, ch 1093, §2  ; 2010 Acts, ch 1124, §7, 9  ; 2011 Acts, ch 52, §3; 2019 Acts, ch 59, §232; 2020 Acts, ch 1074, §71, 83  Referred to in §249A.55, 910.3B  Section stricken and rewritten
IA Code § 910.2A (2021)
2021 Iowa Code|Title XVI - CRIMINAL LAW AND PROCEDURE|Chapter 910 - RESTITUTION|Section 910.2A - Reasonable ability to pay — category “B” restitution payments.

910.2A Reasonable ability to pay — category “B” restitution payments.   1. An offender is presumed to have the reasonable ability to make restitution payments for the full amount of category “B” restitution.   2. If an offender requests that the court determine the amount of category “B” restitution payments the offender is reasonably able to make toward paying the full amount of such restitution, the court shall hold a hearing and make such a determination, subject to the following provisions:   a. To obtain relief at such a hearing, the offender must affirmatively prove by a preponderance of the evidence that the offender is unable to reasonably make payments toward the full amount of category “B” restitution.   b. The offender must furnish the prosecuting attorney and sentencing court with a completed financial affidavit. Failure to furnish a completed financial affidavit waives any claim regarding the offender’s reasonable ability to pay.   c. The prosecuting attorney, the attorney for the defendant, and the court shall be permitted to question the offender regarding the offender’s reasonable ability to pay.   d. Based on the evidence offered at the hearing, including but not limited to the financial affidavit, the court shall determine the amount of category “B” restitution the offender is reasonably able to make payments toward, and order the offender to make payments toward that amount.   3. a. If an offender does not make a request as provided in subsection 2 at the time of sentencing or within thirty days after the court issues a permanent restitution order, the court shall order the offender to pay the full amount of category “B” restitution.   b. An offender’s failure to request a determination pursuant to this section waives all future claims regarding the offender’s reasonable ability to pay, except as provided by section 910.7.   4. If an offender requests that the court make a determination pursuant to subsection 2, the offender’s financial affidavit shall be filed of record in all criminal cases for which the offender owes restitution and the affidavit shall be accessible by a prosecuting attorney or attorney for the offender without court order or appearance.   5. A court that makes a determination under this section is presumed to have properly exercised its discretion. A court is not required to state its reasons for making a determination.  2020 Acts, ch 1074, §72, 83  Referred to in §910.2, 910.2B  NEW section
IA Code § 910.2B (2021)
2021 Iowa Code|Title XVI - CRIMINAL LAW AND PROCEDURE|Chapter 910 - RESTITUTION|Section 910.2B - Conversion of existing restitution orders.

910.2B Conversion of existing restitution orders.   1. All of the following, if entered by a district court prior to June 25, 2020, shall be converted to permanent restitution orders:   a. A temporary restitution order.   b. A supplemental restitution order.   c. A restitution order that does not contain a determination of the defendant’s reasonable ability to pay the restitution ordered.   2. The only means by which a defendant may challenge the conversion of a restitution order is through the filing of a petition pursuant to section 910.7.   3. The provisions of this chapter, including but not limited to the procedures in section 910.2A, shall apply to a challenge to the conversion of an existing restitution order in the district court and on appeal.   4. A challenge to the conversion of an existing restitution order to a permanent restitution order shall be filed in the district court no later than one year from June 25, 2020.  2020 Acts, ch 1074, §73, 83  NEW section
IA Code § 910.3 (2021)
2021 Iowa Code|Title XVI - CRIMINAL LAW AND PROCEDURE|Chapter 910 - RESTITUTION|Section 910.3 - Determination of amount of restitution.

910.3 Determination of amount of restitution.   1. The prosecuting attorney shall prepare a statement of pecuniary damages to victims of the defendant and, if applicable, any award by the crime victim compensation program and expenses incurred by public agencies pursuant to section 321J.2, subsection 13, paragraph “b”, and shall provide the statement to the presentence investigator or submit the statement to the court at the time of sentencing.   2. The clerk of court shall prepare a statement of court-appointed attorney fees ordered pursuant to section 815.9, including the expense of a public defender and court costs, which shall be provided to the presentence investigator or submitted to the court at the time of sentencing.   3. If the statements in subsection 1 or 2 are provided to the presentence investigator, they shall become a part of the presentence report.   4. If pecuniary damage amounts are not available or are incomplete at the time of sentencing, the prosecuting attorney shall provide a statement of pecuniary damages incurred up to that time to the clerk of court.   5. The statement of pecuniary damages shall ordinarily be provided no later than thirty days after sentencing. However, a prosecuting attorney may file a statement of pecuniary damages within a reasonable time after the prosecuting attorney is notified by a victim of any pecuniary damages incurred.   6. If a defendant believes no person suffered pecuniary damages, the defendant shall so state.   7. If the defendant has any mental or physical impairment which would limit or prohibit the performance of a public service, the defendant shall so state. The court may order a mental or physical examination, or both, of the defendant to determine a proper course of action.   8. The court shall enter a permanent restitution order setting out the amount of restitution including the amount of public service to be performed as restitution and the persons to whom restitution must be paid. A permanent restitution order entered at the time of sentencing is part of the final judgment of sentence as defined in section 814.6 and shall be considered in a properly perfected appeal.   9. If the full amount of restitution cannot be determined at the time of sentencing, the court shall issue a permanent restitution order setting forth the amount of restitution identified up to that time.   10. A permanent restitution order may be superseded by subsequent orders if additional or different restitution is ordered. A permanent restitution order entered after the time of sentencing shall only be challenged pursuant to section 910.7.  [C75, 77, §789A.8; C79, 81, §907.12; 82 Acts, ch 1162, §4]  84 Acts, ch 1041, §1; 91 Acts, ch 219, §30; 94 Acts, ch 1142, §17; 97 Acts, ch 140, §4; 97 Acts, ch 177, §36; 2002 Acts, ch 1119, §197; 2003 Acts, ch 113, §4; 2010 Acts, ch 1124, §8, 9; 2020 Acts, ch 1074, §74, 83  Referred to in §321J.2, 462A.14, 815.14, 910.3B, 915.21, 915.94  Section amended
IA Code § 910.3A (2021)
2021 Iowa Code|Title XVI - CRIMINAL LAW AND PROCEDURE|Chapter 910 - RESTITUTION|Section 910.3A - Notification of homicide victim’s county of residence.

910.3A Notification of homicide victim’s county of residence.   The county attorney of a county in which a judgment of conviction and sentence under section 707.2, 707.3, 707.4, 707.5, or 707.6A is rendered against a defendant relating to a person’s death shall notify in writing the clerk of the district court of the county of the person’s residence. Such notification shall be for the purpose of the county of the person’s residence recovering from the defendant the fee and expenses incurred investigating the person’s death pursuant to section 331.802, subsection 2.  96 Acts, ch 1139, §2
IA Code § 910.3B (2021)
2021 Iowa Code|Title XVI - CRIMINAL LAW AND PROCEDURE|Chapter 910 - RESTITUTION|Section 910.3B - Restitution for death of victim.

910.3B Restitution for death of victim.   1. In all criminal cases in which the offender is convicted of a felony in which the act or acts committed by the offender caused the death of another person, in addition to the amount determined to be payable and ordered to be paid to a victim for pecuniary damages, as defined under section 910.1, and determined under section 910.3, the court shall also order the offender to pay at least one hundred fifty thousand dollars in restitution to the victim’s estate if the victim died testate. If the victim died intestate the court shall order the offender to pay the restitution to the victim’s heirs at law as determined pursuant to section 633.210. The obligation to pay the additional amount shall not be dischargeable in any proceeding under the federal Bankruptcy Act. Payment of the additional amount shall have the same priority as payment of a victim’s pecuniary damages under section 910.2, in the offender’s plan for restitution.   2. An award under this section does not preclude or supersede the right of a victim’s estate or heirs at law to bring a civil action against the offender for damages arising out of the same facts or event. However, no evidence relating to the entry of the judgment against the offender pursuant to this section or the amount of the award ordered pursuant to this section shall be permitted to be introduced in any civil action for damages arising out of the same facts or event.   3. An offender who is ordered to pay a victim’s estate or heirs at law under this section is precluded from denying the elements of the felony offense which resulted in the order for payment in any subsequent civil action for damages arising out of the same facts or event.   4. An award under this section made to the victim’s estate or heirs at law shall not be reduced by any third-party payment, including any insurance payment, unless the offender is a named or covered insured.  97 Acts, ch 125, §11  ; 2003 Acts, 1st Ex, ch 2, §63, 209  ; 2018 Acts, ch 1103, §1  Referred to in §915.100
IA Code § 910.6 (2021)
2021 Iowa Code|Title XVI - CRIMINAL LAW AND PROCEDURE|Chapter 910 - RESTITUTION|Section 910.6 - Payment plan — copy to victims.

910.6 Payment plan — copy to victims.   An office or individual preparing a restitution plan of payment or modified plan of payment shall forward a copy to the clerk of court in the county in which the offender was sentenced. The clerk of court shall forward a copy of the restitution plan of payment or modified plan of payment to the victim or victims.  [C75, 77, §789A.8; C79, 81, §907.12; 82 Acts, ch 1162, §7]  83 Acts, ch 56, §3; 2020 Acts, ch 1074, §78, 83  Referred to in §915.94  Section amended
IA Code § 910.7 (2021)
2021 Iowa Code|Title XVI - CRIMINAL LAW AND PROCEDURE|Chapter 910 - RESTITUTION|Section 910.7 - Petition for hearing — appellate review.

910.7 Petition for hearing — appellate review.   1. At any time during the period of probation, parole, or incarceration, the offender, the prosecuting attorney, or the office or individual who prepared the offender’s restitution plan may petition the court on any matter related to the plan of restitution or restitution plan of payment and the court shall grant a hearing if on the face of the petition it appears that a hearing is warranted.   2. After a petition has been filed, the court, at any time prior to the expiration of the offender’s sentence, provided the required notice has been given pursuant to subsection 3, may modify the plan of restitution or the restitution plan of payment, or both, and may extend the period of time for the completion of restitution.   3. If a petition related to a plan of restitution has been filed, the offender, the prosecuting attorney, the department of corrections if the offender is currently confined in a correctional institution, the office or individual who prepared the offender’s restitution plan, and the victim shall receive notice prior to any hearing under this section.   4. An appellate court shall not review or modify an offender’s plan of restitution, restitution plan of payment, or any other issue related to an offender’s restitution under this subsection, unless the offender has exhausted the offender’s remedies under this section and obtained a ruling from the district court prior to the issue being raised in the appellate courts.   5. Appellate review of a district court ruling under this section shall be by writ of certiorari.  [C75, 77, §789A.8; C79, 81, §907.12; 82 Acts, ch 1162, §8]  83 Acts, ch 56, §4; 86 Acts, ch 1075, §6; 2001 Acts, ch 133, §1; 2020 Acts, ch 1074, §79, 80, 83  Referred to in §910.2A, 910.2B, 910.3  Subsections 1 and 3 amended  NEW subsections 4 and 5
IA Code § 910.7A (2021)
2021 Iowa Code|Title XVI - CRIMINAL LAW AND PROCEDURE|Chapter 910 - RESTITUTION|Section 910.7A - Judgment — enforcement.

910.7A Judgment — enforcement.   1. An order requiring an offender to pay restitution constitutes a judgment and lien against all property of a liable defendant for the amount the defendant is obligated to pay under the order and may be recorded in any office for the filing of liens against real or personal property.   2. A judgment of restitution may be enforced by the state, a victim entitled under the order to receive restitution, a deceased victim’s estate, or any other beneficiary of the judgment in the same manner as a civil judgment.  92 Acts, ch 1242, §37  Referred to in §232.147, 232.150, 915.28
IA Code § 910.8 (2021)
2021 Iowa Code|Title XVI - CRIMINAL LAW AND PROCEDURE|Chapter 910 - RESTITUTION|Section 910.8 - Civil liability.

910.8 Civil liability.   This chapter and proceedings under this chapter do not limit or impair the rights of victims to sue and recover damages from the offender in a civil action. The institution of a restitution plan shall toll the applicable statute of limitations for a civil action arising out of the same facts or event for the period of time that the restitution plan is effective. However, any restitution payment by the offender to a victim shall be set off against any judgment in favor of the victim in a civil action arising out of the same facts or event.  [C75, 77, §789A.8; C79, 81, §907.12; 82 Acts, ch 1162, §9]  84 Acts, ch 1047, §1  Referred to in §232.147, 232.150, 915.28
IA Code § 910.9 (2021)
2021 Iowa Code|Title XVI - CRIMINAL LAW AND PROCEDURE|Chapter 910 - RESTITUTION|Section 910.9 - Collection of payments — payment by clerk of court.

910.9 Collection of payments — payment by clerk of court.   1. An offender making restitution pursuant to a restitution plan of payment shall make the payment monthly to the clerk of court of the county from which the offender was sentenced, unless the restitution plan of payment provides otherwise. If the restitution plan authorizes payment to an entity other than the clerk of court, that entity shall regularly file a partial or full satisfaction of judgment with the clerk of court concerning amounts collected by that entity.   2. The clerk of court shall maintain a record of all receipts and disbursements of restitution payments and shall disburse all moneys received to the victims designated in the plan of restitution. If there is more than one victim, disbursements to the victims shall be on the basis of the victim’s percentage of the total owed by the offender to all victims, except that the clerk of court may decide the allocation of payments owed to a victim of twenty-five dollars or less.   3. Category “A” restitution and category “B” restitution shall not be withheld by the clerk of court until all pecuniary damages to victims have been paid in full. Payments to victims shall be made by the clerk of court at least quarterly. Payments by a clerk of court shall be made no later than the last business day of the quarter, but may be made more often at the discretion of the clerk of court. The clerk of court receiving final payment from an offender shall notify all victims that full restitution has been made. Each office or individual charged with supervising an offender who is required to perform community service as full or partial restitution shall keep records to assure compliance with the portions of the plan of restitution and restitution plan of payment relating to community service and, when the offender has complied fully with the community service requirement, notify the sentencing court.  [82 Acts, ch 1162, §10]  83 Acts, ch 56, §5; 91 Acts, ch 116, §22; 94 Acts, ch 1142, §18; 97 Acts, ch 177, §37; 98 Acts, ch 1100, §90; 2000 Acts, ch 1032, §7; 2002 Acts, ch 1119, §198; 2003 Acts, ch 113, §5; 2018 Acts, ch 1041, §127; 2020 Acts, ch 1074, §81, 83  Subsection 3 amended