House File 349 - Introduced HOUSE FILE 349 BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 55) A BILL FOR An Act relating to probation, including discharge credits, 1 educational credits, and workforce credits, and including 2 effective date provisions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 1338HV (2) 90 as/rh
H.F. 349 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 defendants term of probation for each full 8 calendar month the defendant is in compliance with the terms 9 of the defendants probation. 10 NEW SUBSECTION . 2B. Educational credit means a ninety-day 11 reduction from a defendants 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 defendants term of probation for each 25 six-month period in which a defendant maintains verifiable 26 employment. 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 defendants term of probation 31 for each full calendar month in which the defendant is in 32 compliance with the terms of the defendants probation. 33 b. A defendant shall not earn a discharge credit for a 34 calendar month in which a violation has occurred, the defendant 35 -1- LSB 1338HV (2) 90 as/rh 1/ 5
H.F. 349 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 defendants 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 defendants 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 defendants 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 two times per year, the 23 defendants probation officer shall provide the defendant with 24 an accounting of the defendants 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 defendants probation except that the maximum reduction of 30 the defendants probation term earned through the application 31 of the credits shall not exceed forty percent of the probation 32 period imposed and the defendant shall not be discharged from 33 probation until the defendant's probation officer determines 34 that fees imposed under section 905.14 and court debt collected 35 -2- LSB 1338HV (2) 90 as/rh 2/ 5
H.F. 349 pursuant to section 602.8107 have been paid or are subject to a 1 payment plan. The department of corrections shall adopt rules 2 to implement the provisions of this subsection. 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 Sec. 3. EFFECTIVE DATE. This Act takes effect July 1, 2024. 19 EXPLANATION 20 The inclusion of this explanation does not constitute agreement with 21 the explanations substance by the members of the general assembly. 22 This bill relates to probation, including discharge credits, 23 educational credits, and workforce credits. 24 Iowa law provides that upon a plea of guilty, a verdict 25 of guilty, or a special verdict upon which a judgment of 26 conviction may be rendered, the trial court may defer judgment 27 and may place the defendant on probation upon conditions as 28 it may require, defer the sentence and assign the defendant 29 to a judicial district department of correctional services, 30 or suspend the sentence and place the defendant on probation 31 upon such terms and conditions as it may require including 32 commitment to an alternate jail facility or a community 33 correctional residential treatment facility to be followed by 34 a period of probation. 35 -3- LSB 1338HV (2) 90 as/rh 3/ 5
H.F. 349 The bill provides that a defendant on probation shall earn 1 a discharge credit from the defendants term of probation 2 for each full calendar month in which the defendant is in 3 compliance with the terms of the defendants probation. A 4 defendant shall not earn a discharge credit for a calendar 5 month in which a violation has occurred, the defendant has 6 absconded from probation, or the defendant is incarcerated, 7 except that a defendant shall be retroactively awarded a 8 discharge credit for a calendar month in which a violation 9 allegedly occurred if the violation is not sustained by the 10 court. A defendant shall not earn a discharge credit for a 11 partial calendar month or the last full calendar month of 12 probation. 13 The bill provides that a defendant on probation shall earn 14 an educational credit from the defendants term of probation 15 when a defendant earns a high school diploma, high school 16 equivalency certificate, or academic degree or completes 17 a certified vocational, technical, or career education or 18 training program. 19 The bill provides that a defendant on probation shall earn 20 a workforce credit from the defendants term of probation for 21 each six-month period in which a defendant maintains verifiable 22 employment. The defendants probation officer may verify such 23 employment through supporting documentation. 24 The bill provides that at least twice per year, the 25 defendants probation officer shall provide the defendant 26 with an accounting of the defendants discharge, educational, 27 and workforce credits. The department of corrections shall, 28 without leave of court, award any accrued credits toward the 29 completion of the defendants probation, except that the 30 maximum reduction of the defendants probation term earned 31 through the application of credits shall not exceed 40 percent 32 of the probation period imposed and the defendant shall not 33 be discharged from probation until the probation officer 34 determines that fees and court debt have been paid off or are 35 -4- LSB 1338HV (2) 90 as/rh 4/ 5
H.F. 349 subject to a payment plan. A defendant may seek administrative 1 review and recalculation of the defendants credits. 2 The bill provides that discharge, educational, and workforce 3 credits earned by a defendant on probation shall not apply 4 to proceedings in adult criminal problem-solving courts and 5 special probation programs unless the problem-solving court 6 or special probation program adopts some or all of the credit 7 provisions. 8 The bill requires the department of corrections to report 9 certain information annually in a public report made available 10 no later than December 1 of each year. 11 The bill provides definitions for adult criminal 12 problem-solving court, discharge credit, educational 13 credit, special probation program, and workforce credit. 14 The bill takes effect July 1, 2024. 15 -5- LSB 1338HV (2) 90 as/rh 5/ 5