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 TLSB 1338XC (3) 90 as/rh
S.F. _____ 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 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 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 1338XC (3) 90 as/rh 1/ 5
S.F. _____ 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 once per quarter, 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 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 defendants 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 35 -2- LSB 1338XC (3) 90 as/rh 2/ 5
S.F. _____ and recalculation of the defendants 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 explanations 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 35 -3- LSB 1338XC (3) 90 as/rh 3/ 5
S.F. _____ a discharge credit from the defendants term of probation 1 for each full calendar month in which the defendant is in 2 compliance with the terms of the defendants 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 defendants 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 defendants 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 defendants probation officer may verify such employment 23 through supporting documentation. 24 The bill provides that at least once per quarter, 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 29 the completion of the defendants 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 defendants 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 35 -4- LSB 1338XC (3) 90 as/rh 4/ 5
S.F. _____ review and recalculation of the defendants 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. 13 -5- LSB 1338XC (3) 90 as/rh 5/ 5