Title XVI, CRIMINAL LAW AND PROCEDURE (Ch. 687 - 916)

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 administrat…

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…

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 admini…

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 shal…

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, 8…

The court may impose a fine in addition to confinement, where such is authorized. [C79, 81, §909.2 ]

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 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…

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 corpor…

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 …

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 pro…

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 d…

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, …

As used in this chapter , unless the context otherwise requires: 1. “Category “A” restitution” means fines, penalties, and surcharges. 2. “Category “B” restitution” means the contribution of funds to a local anticrime organization which provided assistance to law enforcement in a…

1. The state or a person entitled to restitution under a court order may file a restitution lien. 2. The restitution lien shall set forth all of the following information, if known: a. The name and date of birth of the person whose property or other interests are subject to the l…

1. Definitions. As used in this section , unless the context otherwise requires: a. “Convicted felon” means a person initially convicted, or found not guilty by reason of insanity, of a felony committed in Iowa, either by a court or jury trial or by entry of a guilty plea in cour…

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 activi…

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 towa…

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…

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 s…

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’…

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 u…

1. When restitution is ordered by the sentencing court and the offender is placed on probation, restitution shall be a condition of probation. a. Failure of the offender to comply with the plan of restitution, plan of payment, or community service requirements when community serv…

1. a. When an offender is committed to the custody of the director of the Iowa department of corrections pursuant to a sentence of confinement, the sentencing court shall forward to the director a copy of the offender’s restitution plan, present restitution payment plan if any, a…

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…

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…

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 prop…

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 th…

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 paym…

1. A crime services surcharge shall be levied against law violators as provided in this section . When a court imposes a fine or forfeiture for a violation of state law, or a city or county ordinance, except an ordinance regulating the parking of motor vehicles, the court shall a…

1. In addition to any other surcharge, the court shall assess a human trafficking victim surcharge of one thousand dollars if an adjudication of guilt or a deferred judgment has been entered for a criminal violation of section 725.1, subsection 2 , or section 710A.2 , 725.2 , or …

1. In addition to any other surcharge, the court shall assess a domestic and sexual abuse crimes surcharge of ninety dollars if an adjudication of guilt or a deferred judgment has been entered for a violation of section 708.2A , 708.11 , or 710A.2 , or chapter 709 , or if a defen…

1. In addition to any other surcharge, the court or clerk of the district court shall assess an agricultural theft surcharge equal to five hundred dollars, if an adjudication of guilt or a deferred judgment has been entered for a criminal violation involving any of the following:…

This chapter may be cited as the “Interstate Corrections Compact.” [C75, 77, 79, 81, §218B.1 ] 85 Acts, ch 21, §54 CS85, §247.1 C93, §913.1

The interstate corrections compact is hereby enacted into law and entered into by this state with any other states legally joining therein in the form substantially as follows: 1. Article I — Purpose and policy. The party states, desiring by common action to fully utilize and imp…

The director of the Iowa department of corrections shall do all things necessary or incidental to the carrying out of the compact. [C75, 77, 79, 81, §218B.3 ] 83 Acts, ch 96, §70, 159 ; 85 Acts, ch 21, §54 CS85, §247.3 C93, §913.3

The power of the governor under the Constitution of the State of Iowa to grant a reprieve, pardon, commutation of sentence, remission of fines and forfeitures, or restoration of the rights of citizenship shall not be impaired. 86 Acts, ch 1112, §4 C87, §248A.1 C93, §914.1 2006 Ac…

Except as otherwise provided in section 902.2 , a person convicted of a criminal offense has the right to make application to the board of parole for recommendation or to the governor for a reprieve, pardon, commutation of sentence, remission of fines or forfeitures, or restorati…

1. Except as otherwise provided in section 902.2 , the board of parole shall periodically review all applications by persons convicted of criminal offenses and shall recommend to the governor the reprieve, pardon, commutation of sentence, remission of fines or forfeitures, or res…

The governor shall respond to all recommendations made by the board of parole within ninety days of the receipt of the recommendation. The response shall state whether or not the recommendation will be granted and shall specifically set out the reasons for such action. If the gov…

1. When an application or recommendation is made to the governor for a reprieve, pardon, commutation of sentence, remission of fines and forfeitures, or restoration of rights of citizenship, the governor may require the judge or clerk of the appropriate court, or the county attor…

1. Pardons, commutations of sentences, and remissions of fines and forfeitures shall be issued in duplicate. Restorations of rights of citizenship and reprieves shall be issued in triplicate. 2. In the case of a pardon, commutation of sentence, or reprieve, if the person is in cu…

1. Notwithstanding any other provision of this chapter , a person who has been convicted of a forcible felony, a felony violation of chapter 124 involving a firearm, or a felony violation of chapter 724 shall not have the person’s rights of citizenship restored to the extent of a…

This chapter shall be known and may be cited as “Victim Rights Act” . 98 Acts, ch 1090, §1, 84

As used in this subchapter , unless the context otherwise requires: 1. “Notification” means mailing by regular mail or providing for hand delivery of appropriate information or papers. However, this notification procedure does not prohibit an office, agency, or department from al…

1. Victims, as defined in section 910.1 , have the right to recover pecuniary damages, as defined in section 910.1 . 2. The right to restitution includes the following: a. In all criminal cases in which there is a plea of guilty, verdict of guilty, or special verdict upon which a…