Bill Text: IA SSB1004 | 2023-2024 | 90th General Assembly | Introduced
Bill Title: A bill for an act relating to probation, including discharge credits, educational credits, and workforce credits.
Spectrum: Committee Bill
Status: (Introduced) 2023-01-23 - Subcommittee recommends passage. []. [SSB1004 Detail]
Download: Iowa-2023-SSB1004-Introduced.html
Senate
Study
Bill
1004
-
Introduced
SENATE
FILE
_____
BY
(PROPOSED
COMMITTEE
ON
JUDICIARY
BILL
BY
CHAIRPERSON
ZAUN)
A
BILL
FOR
An
Act
relating
to
probation,
including
discharge
credits,
1
educational
credits,
and
workforce
credits.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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Section
1.
Section
907.1,
Code
2023,
is
amended
by
adding
1
the
following
new
subsections:
2
NEW
SUBSECTION
.
01.
“Adult
criminal
problem-solving
court”
3
means
a
court
program
under
direct
supervision
of
a
judge
4
established
to
treat
drug
or
alcohol
addiction
or
mental
5
illness
of
adults
charged
with
criminal
offenses.
6
NEW
SUBSECTION
.
2A.
“Discharge
credit”
means
a
fourteen-day
7
reduction
from
a
defendant’s
term
of
probation
for
each
full
8
calendar
month
the
defendant
is
in
compliance
with
the
terms
9
of
the
defendant’s
probation.
10
NEW
SUBSECTION
.
2B.
“Educational
credit”
means
a
ninety-day
11
reduction
from
a
defendant’s
term
of
probation
when
a
12
defendant
earns
a
high
school
diploma,
high
school
equivalency
13
certificate,
or
academic
degree
or
completes
a
certified
14
vocational,
technical,
or
career
education
or
training
program.
15
NEW
SUBSECTION
.
6.
“Special
probation
program”
means
a
16
program
under
the
supervision
of
a
district
court
or
a
judicial
17
district
department
of
correctional
services
established
to
18
treat
drug
or
alcohol
addiction,
mental
illness,
or
domestic
19
or
sexual
abuse
of
the
parties
involved
in
a
criminal
case,
20
or
to
improve
outcomes
for
persons
involved
in
the
program
21
including
an
intermediate
criminal
sanctions
program
under
22
section
901B.1.
23
NEW
SUBSECTION
.
7.
“Workforce
credit”
means
a
thirty-day
24
reduction
from
a
defendant’s
term
of
probation
for
each
25
six-month
period
in
which
a
defendant
maintains
verifiable
26
employment
for
at
least
an
average
of
thirty
hours
per
week.
27
Sec.
2.
Section
907.9,
Code
2023,
is
amended
by
adding
the
28
following
new
subsections:
29
NEW
SUBSECTION
.
6.
a.
A
defendant
on
probation
shall
30
earn
a
discharge
credit
from
the
defendant’s
term
of
probation
31
for
each
full
calendar
month
in
which
the
defendant
is
in
32
compliance
with
the
terms
of
the
defendant’s
probation.
33
b.
A
defendant
shall
not
earn
a
discharge
credit
for
a
34
calendar
month
in
which
a
violation
has
occurred,
the
defendant
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has
absconded
from
probation,
or
the
defendant
is
incarcerated,
1
except
that
a
defendant
shall
be
retroactively
awarded
a
2
discharge
credit
for
a
calendar
month
in
which
a
violation
3
allegedly
occurred
if
the
violation
is
not
sustained
by
the
4
court.
5
c.
A
defendant
shall
not
earn
a
discharge
credit
for
a
6
partial
calendar
month
or
the
last
full
calendar
month
of
7
probation.
8
NEW
SUBSECTION
.
7.
A
defendant
on
probation
shall
earn
9
an
educational
credit
from
the
defendant’s
term
of
probation
10
when
a
defendant
earns
a
high
school
diploma,
high
school
11
equivalency
certificate,
or
academic
degree
or
completes
12
a
certified
vocational,
technical,
or
career
education
or
13
training
program.
14
NEW
SUBSECTION
.
8.
A
defendant
on
probation
shall
earn
a
15
workforce
credit
from
the
defendant’s
term
of
probation
for
16
each
six-month
period
in
which
a
defendant
maintains
verifiable
17
employment
for
at
least
an
average
of
thirty
hours
per
week.
18
The
defendant’s
probation
officer
may
verify
such
employment
19
through
supporting
documentation,
which
may
include
but
is
not
20
limited
to
any
record,
letter,
pay
stub,
contract,
or
other
21
department-approved
methods
of
verification.
22
NEW
SUBSECTION
.
9.
At
least
once
per
quarter,
the
23
defendant’s
probation
officer
shall
provide
the
defendant
with
24
an
accounting
of
the
defendant’s
discharge
credits,
educational
25
credits,
and
workforce
credits,
if
applicable,
that
have
26
accrued
under
subsections
6,
7,
and
8.
The
department
of
27
corrections
shall,
without
leave
of
court,
award
any
accrued
28
credits
under
subsections
6,
7,
and
8
toward
the
completion
of
29
the
defendant’s
probation
within
thirty
days
of
the
calendar
30
month
in
which
the
credits
were
earned
in
accordance
with
31
subsections
6,
7,
and
8,
except
that
the
maximum
reduction
of
32
the
defendant’s
probation
term
earned
through
the
application
33
of
the
credits
shall
not
exceed
sixty
percent
of
the
probation
34
period
imposed.
A
defendant
may
seek
administrative
review
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and
recalculation
of
the
defendant’s
credits.
The
department
1
of
corrections
shall
adopt
rules
to
implement
the
review
and
2
recalculation
of
all
credits
awarded
under
this
section.
3
NEW
SUBSECTION
.
10.
Subsections
6,
7,
8,
and
9
shall
not
4
apply
to
proceedings
in
adult
criminal
problem-solving
courts
5
and
special
probation
programs
unless
the
problem-solving
court
6
or
special
probation
program
adopts
some
or
all
of
subsections
7
6,
7,
8,
and
9.
8
NEW
SUBSECTION
.
11.
The
department
of
corrections
shall
9
collect
information
and
report
annually
in
a
public
report
10
made
available
no
later
than
December
1
of
each
year
the
11
number
of
defendants
on
probation
who
have
earned
discharge
12
credits,
educational
credits,
and
workforce
credits
pursuant
to
13
subsections
6,
7,
and
8
during
that
year,
the
average
amount
of
14
credits
earned
per
defendant
during
that
year,
the
total
number
15
of
supervision
days
reduced
due
to
the
awarding
of
credits
16
during
that
year,
and
the
number
of
defendants
terminated
from
17
probation
early
that
year.
18
EXPLANATION
19
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
20
the
explanation’s
substance
by
the
members
of
the
general
assembly.
21
This
bill
relates
to
probation,
including
discharge
credits,
22
educational
credits,
and
workforce
credits.
23
Iowa
law
provides
that
upon
a
plea
of
guilty,
a
verdict
24
of
guilty,
or
a
special
verdict
upon
which
a
judgment
of
25
conviction
may
be
rendered,
the
trial
court
may
defer
judgment
26
and
may
place
the
defendant
on
probation
upon
conditions
as
27
it
may
require,
defer
the
sentence
and
assign
the
defendant
28
to
a
judicial
district
department
of
correctional
services,
29
or
suspend
the
sentence
and
place
the
defendant
on
probation
30
upon
such
terms
and
conditions
as
it
may
require
including
31
commitment
to
an
alternate
jail
facility
or
a
community
32
correctional
residential
treatment
facility
to
be
followed
by
33
a
period
of
probation.
34
The
bill
provides
that
a
defendant
on
probation
shall
earn
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a
discharge
credit
from
the
defendant’s
term
of
probation
1
for
each
full
calendar
month
in
which
the
defendant
is
in
2
compliance
with
the
terms
of
the
defendant’s
probation.
A
3
defendant
shall
not
earn
a
discharge
credit
for
a
calendar
4
month
in
which
a
violation
has
occurred,
the
defendant
has
5
absconded
from
probation,
or
the
defendant
is
incarcerated,
6
except
that
a
defendant
shall
be
retroactively
awarded
a
7
discharge
credit
for
a
calendar
month
in
which
a
violation
8
allegedly
occurred
if
the
violation
is
not
sustained
by
the
9
court.
A
defendant
shall
not
earn
a
discharge
credit
for
a
10
partial
calendar
month
or
the
last
full
calendar
month
of
11
probation.
12
The
bill
provides
that
a
defendant
on
probation
shall
earn
13
an
educational
credit
from
the
defendant’s
term
of
probation
14
when
a
defendant
earns
a
high
school
diploma,
high
school
15
equivalency
certificate,
or
academic
degree
or
completes
16
a
certified
vocational,
technical,
or
career
education
or
17
training
program.
18
The
bill
provides
that
a
defendant
on
probation
shall
earn
19
a
workforce
credit
from
the
defendant’s
term
of
probation
for
20
each
six-month
period
in
which
a
defendant
maintains
verifiable
21
employment
for
at
least
an
average
of
30
hours
per
week.
The
22
defendant’s
probation
officer
may
verify
such
employment
23
through
supporting
documentation.
24
The
bill
provides
that
at
least
once
per
quarter,
the
25
defendant’s
probation
officer
shall
provide
the
defendant
26
with
an
accounting
of
the
defendant’s
discharge,
educational,
27
and
workforce
credits.
The
department
of
corrections
shall,
28
without
leave
of
court,
award
any
accrued
credits
toward
29
the
completion
of
the
defendant’s
probation
within
30
days
30
of
the
calendar
month
in
which
the
discharge,
educational,
31
or
workforce
credits
were
earned,
except
that
the
maximum
32
reduction
of
the
defendant’s
probation
term
earned
through
33
the
application
of
credits
shall
not
exceed
60
percent
of
the
34
probation
period
imposed.
A
defendant
may
seek
administrative
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review
and
recalculation
of
the
defendant’s
credits.
1
The
bill
provides
that
discharge,
educational,
and
workforce
2
credits
earned
by
a
defendant
on
probation
shall
not
apply
3
to
proceedings
in
adult
criminal
problem-solving
courts
and
4
special
probation
programs
unless
the
problem-solving
court
5
or
special
probation
program
adopts
some
or
all
of
the
credit
6
provisions.
7
The
bill
requires
the
department
of
corrections
to
report
8
certain
information
annually
in
a
public
report
made
available
9
no
later
than
December
1
of
each
year.
10
The
bill
provides
definitions
for
“adult
criminal
11
problem-solving
court”,
“discharge
credit”,
“educational
12
credit”,
“special
probation
program”,
and
“workforce
credit”.
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