reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 907 - DEFERRED JUDGMENT, DEFERRED OR SUSPENDED SENTENCE, AND PROBATION › Section 907.1 - Definitions.

907.1 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Deferred judgment” means a sentencing option whereby both the adjudication of guilt and the imposition of a sentence are deferred by the court and whereby the court assesses a civil penalty as provided in section 907.14 upon the entry of the deferred judgment. The court retains the power to pronounce judgment and impose sentence subject to the defendant’s compliance with conditions set by the court as a requirement of the deferred judgment.
2. “Deferred sentence” means a sentencing option whereby the court enters an adjudication of guilt but does not impose a sentence. The court retains the power to sentence the defendant to any sentence it originally could have imposed subject to the defendant’s compliance with conditions set by the court as a requirement of the deferred sentence.
3. “Expunged” means the court’s criminal record with reference to a deferred judgment or any other criminal record that has been segregated in a secure area or database which is exempted from public access.
4. “Suspended sentence” means a sentencing option whereby the court pronounces judgment and imposes a sentence and then suspends execution of the sentence subject to the defendant’s compliance with conditions set by the court as a requirement of the suspended sentence. Revocation of the suspended sentence results in the execution of sentence already pronounced.
5. “Probation” means the procedure under which a defendant, against whom a judgment of conviction of a public offense has been or may be entered, is released by the court subject to supervision by a resident of this state or by the judicial district department of correctional services.*
[C79, 81, §907.1]
88 Acts, ch 1168, §2; 2005 Acts, ch 143, §3; 2012 Acts, ch 1054, §1, 4
Referred to in §901C.1
*See §905.2
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 907 - DEFERRED JUDGMENT, DEFERRED OR SUSPENDED SENTENCE, AND PROBATION › Section 907.2 - Probation service — probation officers.

907.2 Probation service — probation officers.
1. Pursuant to designation by the court, probation services shall be provided by the judicial district department of correctional services. Probation officers shall perform the duties assigned to them by law and by the director of the judicial district department of correctional services.
2. Probation officers employed by the judicial district department of correctional services, while performing the duties prescribed by that department, are peace officers. Probation officers shall investigate all persons referred to them for investigation by the director of the judicial district department of correctional services which employs them. They shall furnish to each person released under their supervision or committed to a community corrections residential facility operated by the judicial district department of correctional services, a written statement of the conditions of probation or commitment. They shall keep informed of each person’s conduct and condition and shall use all suitable methods prescribed by the judicial district department of correctional services to aid and encourage the person to bring about improvements in the person’s conduct and condition. Probation officers shall keep records of their work and shall make reports to the court when alleged violations occur and within no less than thirty days before the period of probation will expire. Probation officers shall coordinate their work with other social welfare agencies which offer services of a corrective nature operating in the area to which they are assigned.
[C79, 81, §907.2]
84 Acts, ch 1019, §4; 97 Acts, ch 125, §5; 98 Acts, ch 1197, §4, 13; 2000 Acts, ch 1177, §4, 5; 2018 Acts, ch 1041, §127
Referred to in §801.4
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 907 - DEFERRED JUDGMENT, DEFERRED OR SUSPENDED SENTENCE, AND PROBATION › Section 907.4 - Deferred judgment docket.

907.4 Deferred judgment docket.
1. A deferment of judgment under section 907.3 shall be entered promptly by the clerk of the district court, or the clerk’s designee, into the deferred judgment database of the state, which shall serve as the deferred judgment docket. The deferred judgment docket shall be maintained by the state court administrator and shall not be destroyed. The docket shall contain a permanent record of the deferred judgment including the name and date of birth of the defendant, the district court docket number, the nature of the offense, and the date of the deferred judgment. Before granting deferred judgment in any case, the court shall search the deferred judgment docket and shall consider any prior record of a deferred judgment against the defendant.
2. The permanent record provided for in this section is a confidential record exempted from public access under section 22.7 and shall be available only to justices of the supreme court, judges of the court of appeals, district judges, district associate judges, judicial magistrates, clerks of the district court, judicial district departments of correctional services, county attorneys, the department of public safety, and the department of corrections requesting information pursuant to this section, or the designee of a justice, judge, magistrate, clerk, judicial district department of correctional services, or county attorney, or departments.
[C75, 77, §789A.1; C79, 81, §907.4]
84 Acts, ch 1292, §20; 85 Acts, ch 197, §44; 88 Acts, ch 1168, §5; 97 Acts, ch 128, §5; 2003 Acts, ch 151, §61
; 2003 Acts, 1st Ex, ch 2, §60, 209
; 2011 Acts, ch 95, §10; 2012 Acts, ch 1054, §2, 4
Referred to in §602.8102(135), 901C.2, 907.9
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 907 - DEFERRED JUDGMENT, DEFERRED OR SUSPENDED SENTENCE, AND PROBATION › Section 907.5 - Standards for release on probation — written reasons.

907.5 Standards for release on probation — written reasons.
1. Before deferring judgment, deferring sentence, or suspending sentence, the court first shall determine which option, if available, will provide maximum opportunity for the rehabilitation of the defendant and protection of the community from further offenses by the defendant and others. In making this determination, the court shall consider all of the following:
a. The age of the defendant.
b. The defendant’s prior record of convictions and prior record of deferments of judgment if any.
c. The defendant’s employment circumstances.
d. The defendant’s family circumstances.
e. The defendant’s mental health and substance abuse history and treatment options available in the community and the correctional system.
f. The nature of the offense committed.
g. Such other factors as are appropriate.
2. The court shall file a specific written statement of its reasons for and the facts supporting its decision to defer judgment, to defer sentence, or to suspend sentence, and its decision on the length of probation.
[C75, 77, §789A.1(2); C79, 81, §907.5]
2011 Acts, ch 7, §4; 2012 Acts, ch 1021, §118
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 907 - DEFERRED JUDGMENT, DEFERRED OR SUSPENDED SENTENCE, AND PROBATION › Section 907.6 - Conditions of probation — regulations.

907.6 Conditions of probation — regulations.
Probationers are subject to the conditions established by the judicial district department of correctional services subject to the approval of the court, and any additional reasonable conditions which the court or district department may impose to promote rehabilitation of the defendant or protection of the community. Conditions may include but are not limited to adherence to regulations generally applicable to persons released on parole and including requiring unpaid community service as allowed pursuant to section 907.13.
[C79, 81, §907.6; 82 Acts, ch 1069, §3]
83 Acts, ch 39, §2; 96 Acts, ch 1193, §20
Referred to in §321J.2
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 907 - DEFERRED JUDGMENT, DEFERRED OR SUSPENDED SENTENCE, AND PROBATION › Section 907.7 - Length of probation.

907.7 Length of probation.
1. The length of the probation shall be for a period as the court shall fix but not to exceed five years if the offense is a felony or not to exceed two years if the offense is a misdemeanor. The period of probation may be extended for up to one year including one year beyond the maximum period as provided in section 908.11.
2. The length of the probation shall not be less than one year if the offense is a misdemeanor and shall not be less than two years if the offense is a felony.
3. The court may subsequently reduce the length of the probation if the court determines that the purposes of probation have been fulfilled and the fees imposed under section 905.14 have been paid to or waived by the judicial district department of correctional services and that court debt collected pursuant to section 602.8107 has been paid. The purposes of probation are to provide maximum opportunity for the rehabilitation of the defendant and to protect the community from further offenses by the defendant and others.
4. In determining the length of the probation, the court shall determine what period is most likely to provide maximum opportunity for the rehabilitation of the defendant, to allow enough time to determine whether or not rehabilitation has been successful, and to protect the community from further offenses by the defendant and others.
[C66, 71, 73, §247.20; C75, 77, §789A.2; C79, 81, §907.7]
97 Acts, ch 125, §6; 97 Acts, ch 190, §10; 98 Acts, ch 1197, §5, 13; 2000 Acts, ch 1177, §4, 5; 2008 Acts, ch 1172, §27; 2010 Acts, ch 1175, §1, 4
Referred to in §907.3, 907.3A, 908.11, 910.4
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 907 - DEFERRED JUDGMENT, DEFERRED OR SUSPENDED SENTENCE, AND PROBATION › Section 907.8 - Supervision during probationary period.

907.8 Supervision during probationary period.
1. A person released on probation shall be assigned to a probation officer. Both the person and the person’s probation officer shall be furnished with the conditions of the person’s probation including a copy of the plan of restitution and the restitution plan of payment, if any, and the regulations which the person will be required to observe, in writing. The probation officer shall explain these conditions and regulations to the person and shall supervise, assist, and counsel the person during the term of the person’s probation.
2. a. When probation is granted, the court shall order said person committed to the custody, care, and supervision:
(1) Of any suitable resident of this state; or
(2) Of the judicial district department of correctional services.
b. Jurisdiction over these persons shall remain with the sentencing court.
3. In each case in which the court orders the person committed to the custody, care, and supervision of the judicial district department of correctional services, the clerk of the district court shall at once furnish the director of the judicial district department of correctional services with certified copies of the indictment or information, the minutes of testimony attached thereto, the judgment entry if judgment is not deferred, and the original mittimus. The county attorney shall at once advise the director, by letter, that the defendant has been placed under the supervision of the judicial district department of correctional services and give the director a detailed statement of the facts and circumstances surrounding the crime committed and the record and history of the defendant as may be known to the county attorney. If the defendant is confined in the county jail at the time of sentence, the court may order the defendant held until arrangements are made by the judicial district department of correctional services for the defendant’s employment and the defendant has signed the necessary probation papers. If the defendant is not confined in the county jail at the time of sentence, the court may order the defendant to remain in the county wherein the defendant has been convicted and sentenced and report to the sheriff as to the defendant’s whereabouts.
[S13, §5447-a; C24, 27, 31, 35, 39, §3801; C46, 50, 54, 58, 62, 66, 71, 73, §247.21; C75, 77, §789A.7; C79, 81, §907.8; 82 Acts, ch 1162, §12, 14]
97 Acts, ch 125, §7; 98 Acts, ch 1197, §6, 13; 2000 Acts, ch 1177, §4, 5; 2013 Acts, ch 90, §215
Referred to in §331.756(70), 602.8102(135)
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 907 - DEFERRED JUDGMENT, DEFERRED OR SUSPENDED SENTENCE, AND PROBATION › Section 907.8A - Sixth judicial district — determination of issues during probationary period.

907.8A Sixth judicial district — determination of issues during probationary period. Repealed by 98 Acts, ch 1197, §10, 13;
2000 Acts, ch 1177, §4, 5
.
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 907 - DEFERRED JUDGMENT, DEFERRED OR SUSPENDED SENTENCE, AND PROBATION › Section 907.10 - Release on probation after completing program.

907.10 Release on probation after completing program.
When the court has determined that any person ordered to participate in a locally administered correctional program, pursuant to section 907.3, subsection 1, has successfully completed such program, the court shall order such person to be released on probation.
[C79, 81, §907.10]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 907 - DEFERRED JUDGMENT, DEFERRED OR SUSPENDED SENTENCE, AND PROBATION › Section 907.11 - Maximum period of confinement.

907.11 Maximum period of confinement.
In no case shall the total time served in confinement and in any locally administered correctional program exceed the maximum period of confinement authorized for the public offense of which the defendant stands convicted.
[C79, 81, §907.11]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 907 - DEFERRED JUDGMENT, DEFERRED OR SUSPENDED SENTENCE, AND PROBATION › Section 907.13 - Community service sentencing — liability — workers’ compensation.

907.13 Community service sentencing — liability — workers’ compensation.
1. The court may establish as a condition of probation that the defendant perform unpaid community service for a time not to exceed the maximum period of confinement for the offense of which the defendant is convicted. If this condition is established, the defendant in cooperation with the probation officer assigned to the defendant and in cooperation with the judicial district department of correctional services, shall promptly prepare a plan to implement the community service condition. The plan shall include but shall not be limited to the suggested placement of the defendant and the suggested number of hours of services to be required.
2. The defendant’s plan of community service, the comments of the defendant’s probation officer, and the comments of the representative of the judicial district department of correctional services responsible for the unpaid community service program, shall be submitted promptly to the court. The court shall promptly enter an order approving the plan or modifying it. Compliance with the plan of community service as approved or modified by the court shall be a condition of the defendant’s probation. The court thereafter may modify the plan at any time upon the defendant’s request, upon the request of the judicial district department of correctional services, or upon the court’s own motion. As an option for modification of a plan, the court may allow a defendant to complete some part or all of the defendant’s community service obligation through the donation of property to a charitable organization other than a governmental subdivision. A donation of property to a charitable organization offered in satisfaction of some part or all of a community service obligation under this subsection is not a deductible contribution for the purposes of federal or state income taxes.
3. At any time during the probation period the defendant may request and the court shall grant a hearing on any matter related to the plan of community service.
4. Failure of the defendant to comply with subsection 1 or to comply with the plan of community service as approved or modified by the court shall constitute a violation of the conditions of probation. Without limitation, the court may modify the plan of community service or modify the required hours of service, but not beyond the maximum hours of service specified in subsection 1.
5. The state of Iowa is exclusively liable, according to and under chapter 669, for a tortious act committed by a defendant while performing unpaid community service.
6. The state of Iowa is exclusively liable for and shall pay any compensation becoming due any person under section 85.59.
[82 Acts, ch 1069, §4]
84 Acts, ch 1280, §3; 88 Acts, ch 1168, §7
Referred to in §462A.14, 901.3, 907.6
Community service as restitution; see §909.3A, 910.2
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 907 - DEFERRED JUDGMENT, DEFERRED OR SUSPENDED SENTENCE, AND PROBATION › Section 907.14 - Deferred judgment — civil penalty — distribution.

907.14 Deferred judgment — civil penalty — distribution.
1. Upon the entry of a deferred judgment pursuant to section 907.3, a defendant shall be assessed a civil penalty of an amount not less than the amount of any criminal fine authorized by law for the offense under section 902.9 or section 903.1.
2. The clerk of the district court shall collect and remit the civil penalty to the state court administrator for deposit in the general fund of the state as provided in section 602.8108.
2005 Acts, ch 143, §5
Referred to in §321J.2, 907.1, 907.3, 908.11
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 907B - INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION › Section 907B.1 - Citation.

907B.1 Citation.
This chapter may be cited as the “Interstate Compact for Adult Offender Supervision”.
2001 Acts, ch 15, §5;
2001 Acts, 2nd Ex, ch 6, §25, 26, 37
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 907B - INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION › Section 907B.3 - State council.

907B.3 State council.
The state council established in section 907B.2 shall consist of seven members plus the compact administrator. The council shall include at least one member from a minority group. The chief justice of the supreme court shall appoint one member to represent the judicial branch. The president of the senate and the minority leader of the senate shall each appoint one member to represent the senate. The speaker of the house of representatives and the minority leader of the house of representatives shall each appoint one member to represent the house of representatives. The governor shall appoint one member to represent the executive branch and one member to represent crime victim groups. The governor, in consultation with the legislative and judicial branches, shall also appoint the compact administrator.
2001 Acts, ch 15, §7;
2001 Acts, 2nd Ex, ch 6, §25, 26, 37
; 2008 Acts, ch 1156, §52, 58
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 907B - INTERSTATE COMPACT FOR ADULT OFFENDER SUPERVISION › Section 907B.4 - Interstate compact fee.

907B.4 Interstate compact fee.
The department of corrections may assess a fee, not to exceed one hundred dollars, for an application to transfer out of the state under the interstate compact for adult offender supervision. The fee may be waived by the department. The moneys collected pursuant to this section shall be deposited into the interstate compact fund established in section 904.117 and shall be used to offset the costs of complying with the interstate compact for adult offender supervision.
2003 Acts, 1st Ex, ch 2, §62, 209
Referred to in §904.117
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 908 - VIOLATIONS OF PAROLE OR PROBATION › Section 908.1 - Arrest of alleged parole violator — newly discovered evidence.

908.1 Arrest of alleged parole violator — newly discovered evidence.
A parole officer having probable cause to believe that any person released on parole has violated the parole plan or the conditions of parole may arrest such person, or the parole officer may make a complaint before a magistrate in the judicial district in which the person is being supervised, charging such violation, and if it appears from such complaint, or from affidavits filed with it, that there is probable cause to believe that such person has violated the parole plan or the terms of parole, the magistrate shall issue a warrant for the arrest of such person. If a parole officer has newly discovered evidence which indicates that a person released on parole should not have been granted parole originally, the parole officer shall present the evidence to the board of parole and the board may issue an order to rescind the parole.
[C79, 81, §908.1]
88 Acts, ch 1091, §6; 2018 Acts, ch 1068, §1
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 908 - VIOLATIONS OF PAROLE OR PROBATION › Section 908.2 - Initial appearance — bail.

908.2 Initial appearance — bail.
1. An officer making an arrest of an alleged parole violator shall take the arrested person before a magistrate without unnecessary delay for an initial appearance. At the initial appearance the magistrate shall do all of the following:
a. Provide written notice of the claimed violation.
b. Provide notice that a parole revocation hearing will take place and that its purpose is to determine whether the alleged parole violation occurred and whether the alleged violator’s parole should be revoked.
c. Advise the alleged parole violator of the right to request an appointed attorney.
2. The magistrate may order the alleged parole violator confined in the county jail or may order the alleged parole violator released on bail under terms and conditions as the magistrate may require. Admittance to bail is discretionary with the magistrate and is not a matter of right. A person for whom bail is set may make application for amendment of bail to a district judge or district associate judge having jurisdiction to amend the order. The motion shall be promptly set for hearing and a record shall be made of the hearing.
[C79, 81, §908.2]
84 Acts, ch 1089, §1; 88 Acts, ch 1091, §7; 2002 Acts, ch 1067, §20; 2005 Acts, ch 107, §10, 14
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 908 - VIOLATIONS OF PAROLE OR PROBATION › Section 908.2A - Appointment of an attorney.

908.2A Appointment of an attorney.
1. An attorney may be appointed to represent an alleged parole violator in a parole revocation proceeding only if all of the following criteria apply:
a. The alleged parole violator requests appointment of an attorney.
b. The alleged parole violator is determined to be indigent as defined in section 815.9.
c. The appointing authority determines each of the following:
(1) The alleged parole violator lacks skill or education and would have difficulty presenting the alleged parole violator’s case, particularly if the proceeding would require the cross-examination of witnesses or would require the submission or examination of complex documentary evidence.
(2) The alleged parole violator has a colorable claim the alleged violation did not occur, or there are substantial reasons that justify or mitigate the violation and make any revocation inappropriate under the circumstances.
2. If the appointing authority determines counsel should be appointed and all of the criteria apply in subsection 1, the appointing authority shall appoint the state public defender’s designee pursuant to section 13B.4. If the state public defender has not made a designation for the type of case or the state public defender’s designee is unable to handle the case, a contract attorney with the state public defender may be appointed to represent the alleged parole violator. If a contract attorney is unavailable, an attorney who has agreed to provide these services may be appointed. The appointed attorney shall apply to the state public defender for payment in the manner prescribed by the state public defender.
2005 Acts, ch 107, §11, 14; 2013 Acts, ch 56, §6
Referred to in §815.10
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 908 - VIOLATIONS OF PAROLE OR PROBATION › Section 908.3 - Place of parole revocation hearing.

908.3 Place of parole revocation hearing.
The parole revocation hearing shall be held in any county in the same judicial district in which the alleged parole violator had the initial appearance or in the county from which the warrant for the arrest of the alleged parole violator was issued.
[C79, 81, §908.3]
88 Acts, ch 1091, §8
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 908 - VIOLATIONS OF PAROLE OR PROBATION › Section 908.4 - Parole revocation hearing.

908.4 Parole revocation hearing.
1. The parole revocation hearing shall be conducted by an administrative parole judge who is an attorney. The revocation hearing shall determine the following:
a. Whether the alleged parole violation occurred.
b. Whether the violator’s parole should be revoked.
2. The administrative parole judge shall make a verbatim record of the proceedings. The alleged violator shall be informed of the evidence against the violator, shall be given an opportunity to be heard, shall have the right to present witnesses and other evidence, and shall have the right to cross-examine adverse witnesses, except if the judge finds that a witness would be subjected to risk or harm if the witness’s identity were disclosed. The revocation hearing may be conducted electronically.
[C79, 81, §908.4]
86 Acts, ch 1245, §1524; 88 Acts, ch 1091, §9; 89 Acts, ch 282, §9; 97 Acts, ch 125, §12; 98 Acts, ch 1197, §9, 13; 2000 Acts, ch 1177, §4, 5; 2002 Acts, ch 1067, §21; 2005 Acts, ch 107, §12, 14
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 908 - VIOLATIONS OF PAROLE OR PROBATION › Section 908.5 - Disposition.

908.5 Disposition.
1. If a violation of parole is established, the administrative parole judge may continue the parole with or without any modification of the conditions of parole. The administrative parole judge may revoke the parole and require the parolee to serve the sentence originally imposed, or may revoke the parole and reinstate the parolee’s work release status.
2. If the person is serving a special sentence under chapter 903B, the administrative parole judge may revoke the release. Upon the revocation of release, the person shall not serve the entire length of the special sentence imposed, and the revocation shall be for a period not to exceed two years in a correctional institution upon a first revocation and for a period not to exceed five years in a correctional institution upon a second or subsequent revocation.
3. The order of the administrative parole judge shall contain findings of fact, conclusions of law, and a disposition of the matter.
[C79, 81, §908.5]
83 Acts, ch 96, §149, 159; 88 Acts, ch 1091, §10; 89 Acts, ch 282, §10; 97 Acts, ch 125, §12; 98 Acts, ch 1197, §9, 13; 2000 Acts, ch 1177, §4, 5; 2005 Acts, ch 158, §43
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 908 - VIOLATIONS OF PAROLE OR PROBATION › Section 908.6 - Appeal or review.

908.6 Appeal or review.
The order of the administrative parole judge shall become the final decision of the board of parole unless, within the time provided by rule, the parole violator appeals the decision or a panel of the board reviews the decision on its own motion. On appeal or review of the administrative parole judge’s decision, the board panel has all the power which it would have in initially making the revocation hearing decision. The appeal or review shall be conducted pursuant to rules adopted by the board of parole. The record on appeal or review shall be the record made at the parole revocation hearing conducted by the administrative parole judge.
[C79, 81, §908.6]
83 Acts, ch 96, §150, 159; 88 Acts, ch 1091, §11; 89 Acts, ch 282, §11; 97 Acts, ch 125, §12; 98 Acts, ch 1197, §9, 13; 2000 Acts, ch 1177, §4, 5
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 908 - VIOLATIONS OF PAROLE OR PROBATION › Section 908.9 - Disposition of violator.

908.9 Disposition of violator.
If the parole of a parole violator is revoked, the violator shall remain in the custody of the Iowa department of corrections under the terms of the parolee’s original commitment. If the parole of a parole violator is not revoked, the parole revocation officer or board panel shall order the person’s release subject to the terms of the person’s parole with any modifications that the parole revocation officer or board panel determines proper, or may order that the violator be placed in a violator facility, established pursuant to section 904.207, if the parole revocation officer or board panel determines that placement in a violator facility is necessary.
[C79, 81, §908.9]
83 Acts, ch 96, §153, 159; 88 Acts, ch 1091, §13; 91 Acts, ch 219, §28; 93 Acts, ch 46, §12
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 908 - VIOLATIONS OF PAROLE OR PROBATION › Section 908.10 - Conviction of a felony while on parole.

908.10 Conviction of a felony while on parole.
1. When a person is convicted and sentenced to incarceration in this state for a felony committed while on parole, or is convicted and sentenced to incarceration in any other state of the United States or a foreign country for an offense committed while on parole, and which if committed in this state would be a felony, the person’s parole shall be deemed revoked as of the date of the commission of the new felony offense.
2. The parole officer shall inform the sentencing judge that the convicted defendant is a parole violator. The term for which the defendant shall be imprisoned as a parole violator shall be the same as that provided in cases of revocation of parole for violation of the conditions of parole. The new sentence of imprisonment for conviction of a felony shall be served consecutively with the term imposed for the parole violation, unless a concurrent term of imprisonment is ordered by the court.
3. The parolee shall be notified in writing that parole has been revoked on the basis of the new felony conviction, and a copy of the commitment order shall accompany the notification. The inmate’s record shall be reviewed pursuant to the provisions of section 906.5, or as soon as practical after a final reversal of the new felony conviction.
4. An inmate may appeal the revocation of parole under this section according to the board of parole’s rules relating to parole revocation appeals. Neither the administrative parole judge nor the board panel shall retry the facts underlying any conviction.
[C79, 81, §908.10]
88 Acts, ch 1091, §14; 89 Acts, ch 282, §13; 97 Acts, ch 125, §12; 98 Acts, ch 1197, §9, 13; 2000 Acts, ch 1177, §4, 5; 2018 Acts, ch 1041, §127; 2018 Acts, ch 1068, §2
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 908 - VIOLATIONS OF PAROLE OR PROBATION › Section 908.10A - Conviction of an aggravated misdemeanor while on parole.

908.10A Conviction of an aggravated misdemeanor while on parole.
1. When a person is convicted and sentenced to incarceration in a state correctional institution in this state for an aggravated misdemeanor committed while on parole, or is convicted and sentenced to incarceration in any other state of the United States or a foreign country for an offense committed while on parole, and which if committed in this state would be an aggravated misdemeanor, the person’s parole shall be deemed revoked as of the date of the commission of the new aggravated misdemeanor offense.
2. The parole officer shall inform the sentencing judge that the convicted defendant is a parole violator. The term for which the defendant shall be imprisoned as a parole violator shall be the same as that provided in cases of revocation of parole for violation of the conditions of parole. The new sentence of imprisonment for conviction of an aggravated misdemeanor shall be served consecutively with the term imposed for the parole violation, unless a concurrent term of imprisonment is ordered by the court.
3. The parolee shall be notified in writing that parole has been revoked on the basis of the new aggravated misdemeanor conviction, and a copy of the commitment order shall accompany the notification. The inmate’s record shall be reviewed pursuant to the provisions of section 906.5, or as soon as practical after a final reversal of the new aggravated misdemeanor conviction.
4. An inmate may appeal the revocation of parole under this section according to the board of parole’s rules relating to parole revocation appeals. Neither the administrative parole judge nor the board panel shall retry the facts underlying any conviction.
94 Acts, ch 1048, §2; 97 Acts, ch 125, §12; 98 Acts, ch 1197, §9, 13; 2000 Acts, ch 1177, §4, 5; 2018 Acts, ch 1041, §127; 2018 Acts, ch 1068, §3
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 908 - VIOLATIONS OF PAROLE OR PROBATION › Section 908.11 - Violation of probation.

908.11 Violation of probation.
1. A probation officer or the judicial district department of correctional services having probable cause to believe that any person released on probation has violated the conditions of probation shall proceed by arrest or summons as in the case of a parole violation.
2. The functions of the liaison officer and the board of parole shall be performed by the judge or magistrate who placed the alleged violator on probation if that judge or magistrate is available, otherwise by another judge or magistrate who would have had jurisdiction to try the original offense.
3. If the probation officer proceeds by arrest, any magistrate may receive the complaint, issue an arrest warrant, or conduct the initial appearance and probable cause hearing if it is not convenient for the judge who placed the alleged violator on probation to do so. The initial appearance, probable cause hearing, and probation revocation hearing, or any of them, may at the discretion of the court be merged into a single hearing when it appears that the alleged violator will not be prejudiced by the merger.
4. If the violation is established, the court may continue the probation or youthful offender status with or without an alteration of the conditions of probation or a youthful offender status. If the defendant is an adult or a youthful offender the court may hold the defendant in contempt of court and sentence the defendant to a jail term while continuing the probation or youthful offender status, order the defendant to be placed in a violator facility established pursuant to section 904.207 while continuing the probation or youthful offender status, extend the period of probation for up to one year as authorized in section 907.7 while continuing the probation or youthful offender status, or revoke the probation or youthful offender status and require the defendant to serve the sentence imposed or any lesser sentence, and, if imposition of sentence was deferred, may impose any sentence which might originally have been imposed.
5. Notwithstanding any other provision of law to the contrary, if the court revokes the probation of a defendant who received a deferred judgment and imposes a fine, the court shall reduce the amount of the fine by an amount equal to the amount of the civil penalty previously assessed against the defendant pursuant to section 907.14. However, the court shall assess any required surcharge, court cost, or fee upon the total amount of the fine prior to reduction pursuant to this subsection.
[S13, §5447-b; C24, 27, 31, 35, 39, §3805, 3806; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §247.26, 247.27; C79, 81, §908.11]
84 Acts, ch 1244, §6; 91 Acts, ch 219, §29; 97 Acts, ch 125, §10; 97 Acts, ch 126, §52; 98 Acts, ch 1197, §2, 3, 8, 13; 2000 Acts, ch 1177, §4, 5; 2007 Acts, ch 180, §12; 2010 Acts, ch 1175, §2, 4; 2011 Acts, ch 34, §156
Referred to in §232.54, 901B.1, 907.3A, 907.7
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 909 - FINES › Section 909.1 - Fine without imprisonment.

909.1 Fine without imprisonment.
Upon a verdict or plea of guilty of any public offense for which a fine is authorized, the court may impose a fine instead of any other sentence where it appears that the fine will be adequate to deter the defendant and to discourage others from similar criminal activity.
[C79, 81, §909.1]
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 909 - FINES › Section 909.3 - Payment of fines — plan — installments.

909.3 Payment of fines — plan — installments.
1. Unless a plan of payment has been issued pursuant to chapter 910, fines imposed by the court shall be paid on the day the fine is imposed, and the person shall be instructed to pay such fines with the office of the clerk of the district court on the date of imposition.
2. a. The court may, in its discretion, order a fine to be paid in installments.
b. If the court orders the fine to be paid in installments, the first installment payment shall be made within thirty days of the fine being imposed. All other terms and conditions of an installment payment plan order pursuant to this section shall be established by rule by the judicial branch.
[C51, §3071, 3349; R60, §4881, 5084; C73, §4509, 4689; C97, §5440, 5604; C24, 27, 31, 35, 39, §13588, 13964; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §762.32, 789.17; C79, 81, §909.3]
93 Acts, ch 110, §11; 2010 Acts, ch 1146, §22; 2020 Acts, ch 1074, §68, 83
Referred to in §602.8107, 815.9
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 909 - FINES › Section 909.3A - Community service option.

909.3A Community service option.
The court may, in its discretion, order the defendant to perform community service work of an equivalent value to the fine imposed where it appears that the community service work will be adequate to deter the defendant and to discourage others from similar criminal activity. The rate at which community service shall be calculated shall be the federal or state minimum wage, whichever is higher.
93 Acts, ch 110, §12; 2007 Acts, ch 215, §124
Referred to in §123.47, 909.7, 909.8
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 909 - FINES › Section 909.4 - Treble damage liability for corporations, partnerships and associations.

909.4 Treble damage liability for corporations, partnerships and associations.
Whenever a corporation, partnership or other association, not subject to imprisonment is found guilty of any public offense, the court may impose a fine within the limits authorized by law. In addition to such fine, if the offense be a felony or aggravated misdemeanor, the corporation, partnership or association shall be liable as follows:
1. Any person who has suffered loss because of the public offense may recover from the corporation, partnership or association in an action at law damages equal to three times the amount of such loss.
2. If the corporation, partnership or association has received pecuniary benefit from the commission of the offense, the attorney general may recover from such corporation, partnership or association in an action at law for the use of the state damages equal to three times the amount of such benefit, provided, that any amount which is recovered under subsection 1 of this section shall be subtracted from the damages recovered by the state.
[C79, 81, §909.4]
Liability of corporations, partnerships and voluntary associations, §703.5
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 909 - FINES › Section 909.5 - Nonpayment of fines and court costs — contempt.

909.5 Nonpayment of fines and court costs — contempt.
A person who is able to pay a fine, court-imposed court costs for a criminal proceeding, or both, or an installment of the fine or the court-imposed court costs, or both, and who refuses to do so, or who fails to make a good faith effort to pay the fine, court costs, or both, or any installment thereof, shall be held in contempt of court.
[C51, §3071, 3349; R60, §4881, 5084; C73, §4509, 4689; C97, §5440, 5604; C24, 27, 31, 35, 39, §13588, 13964; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §762.32, 789.17; C79, 81, §909.5]
85 Acts, ch 52, §1
2023 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
2023 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
2023 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
2023 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
2023 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