Iowa 2025 2025-2026 Regular Session

Iowa House Bill HSB140 Introduced / Bill

Filed 02/06/2025

                    House Study Bill 140 - Introduced   HOUSE FILE _____   BY (PROPOSED COMMITTEE   ON JUDICIARY BILL BY   CHAIRPERSON HOLT)   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 2443YC (4) 91   as/js  

  H.F. _____   Section 1. Section 907.1, Code 2025, 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 2025, is amended by adding the 28   following new subsections: 29   NEW SUBSECTION   . 6. a. On or after July 1, 2026, a 30   defendant on probation shall earn a discharge credit from the 31   defendants term of probation for each full calendar month in 32   which the defendant is in compliance with the terms of the 33   defendants probation. 34   b. A defendant shall not earn a discharge credit for a 35   -1-   LSB 2443YC (4) 91   as/js   1/ 5        

  H.F. _____   calendar month in which a violation has occurred, the defendant 1   has absconded from probation, or the defendant is incarcerated, 2   except that a defendant shall be retroactively awarded a 3   discharge credit for a calendar month in which a violation 4   allegedly occurred if the violation is not sustained by the 5   court. 6   c. A defendant shall not earn a discharge credit for a 7   partial calendar month or the last full calendar month of 8   probation. 9   NEW SUBSECTION   . 7. On or after July 1, 2026, a defendant on 10   probation shall earn an educational credit from the defendants 11   term of probation when a defendant earns a high school diploma, 12   high school equivalency certificate, or academic degree 13   or completes a certified vocational, technical, or career 14   education or training program. 15   NEW SUBSECTION   . 8. On or after July 1, 2026, a 16   defendant on probation shall earn a workforce credit from 17   the defendants term of probation for each six-month period 18   in which a defendant maintains verifiable employment for at 19   least an average of thirty hours per week. The defendants 20   probation officer may verify such employment through 21   supporting documentation, which may include but is not 22   limited to any record, letter, pay stub, contract, or other 23   department-approved methods of verification. 24   NEW SUBSECTION   . 9. Beginning July 1, 2026, at least 25   two times per year, the defendants probation officer shall 26   provide the defendant with an accounting of the defendants 27   discharge credits, educational credits, and workforce credits, 28   if applicable, that have accrued under subsections 6, 7, and 29   8. The department of corrections shall, without leave of 30   court, award any accrued credits under subsections 6, 7, and 31   8 toward the completion of the defendants probation except 32   that the maximum reduction of the defendants probation term 33   earned through the application of the credits shall not exceed 34   forty percent of the probation period imposed and the defendant 35   -2-   LSB 2443YC (4) 91   as/js   2/ 5     

  H.F. _____   shall not be discharged from probation until the defendant's 1   probation officer determines that fees imposed under section 2   904.912 and court debt collected pursuant to section 602.8107 3   have been paid or are subject to a payment plan. The 4   department of corrections shall adopt rules to implement the 5   provisions of this subsection. 6   NEW SUBSECTION   . 10. Subsections 6, 7, 8, and 9 shall not 7   apply to proceedings in adult criminal problem-solving courts 8   and special probation programs unless the problem-solving court 9   or special probation program adopts some or all of subsections 10   6, 7, 8, and 9. 11   NEW SUBSECTION   . 11. Beginning July 1, 2026, the department 12   of corrections shall collect information and report annually 13   in a public report made available no later than December 1 14   of each year the number of defendants on probation who have 15   earned discharge credits, educational credits, and workforce 16   credits pursuant to subsections 6, 7, and 8 during that year, 17   the average amount of credits earned per defendant during that 18   year, the total number of supervision days reduced due to 19   the awarding of credits during that year, and the number of 20   defendants terminated from probation early that year. 21   Sec. 3. EFFECTIVE DATE. This Act takes effect July 1, 2026. 22   EXPLANATION 23   The inclusion of this explanation does not constitute agreement with 24   the explanations substance by the members of the general assembly. 25   This bill relates to probation, including discharge credits, 26   educational credits, and workforce credits.   27   Iowa law provides that upon a plea of guilty, a verdict 28   of guilty, or a special verdict upon which a judgment of 29   conviction may be rendered, the trial court may defer judgment 30   and may place the defendant on probation upon conditions as 31   it may require, defer the sentence and assign the defendant 32   to a judicial district department of correctional services, 33   or suspend the sentence and place the defendant on probation 34   upon such terms and conditions as it may require including 35   -3-   LSB 2443YC (4) 91   as/js   3/ 5    

  H.F. _____   commitment to an alternate jail facility or a community 1   correctional residential treatment facility to be followed by 2   a period of probation. 3   The bill provides that on or after July 1, 2026, a defendant 4   on probation shall earn a discharge credit from the defendants 5   term of probation for each full calendar month in which the 6   defendant is in compliance with the terms of the defendants 7   probation. A defendant shall not earn a discharge credit 8   for a calendar month in which a violation has occurred, the 9   defendant has absconded from probation, or the defendant is 10   incarcerated, except that a defendant shall be retroactively 11   awarded a discharge credit for a calendar month in which a 12   violation allegedly occurred if the violation is not sustained 13   by the court. A defendant shall not earn a discharge credit 14   for a partial calendar month or the last full calendar month 15   of probation. 16   The bill provides that on or after July 1, 2026, a 17   defendant on probation shall earn an educational credit from 18   the defendants term of probation when a defendant earns a 19   high school diploma, high school equivalency certificate, or 20   academic degree or completes a certified vocational, technical, 21   or career education or training program. 22   The bill provides that on or after July 1, 2026, a defendant 23   on probation shall earn a workforce credit from the defendants 24   term of probation for each six-month period in which a 25   defendant maintains verifiable employment. The defendants 26   probation officer may verify such employment through supporting 27   documentation.   28   The bill provides that beginning July 1, 2026, at least 29   twice per year, the defendants probation officer shall 30   provide the defendant with an accounting of the defendants 31   discharge, educational, and workforce credits. The department 32   of corrections shall, without leave of court, award any accrued 33   credits toward the completion of the defendants probation, 34   except that the maximum reduction of the defendants probation 35   -4-   LSB 2443YC (4) 91   as/js   4/ 5  

  H.F. _____   term earned through the application of credits shall not exceed 1   40 percent of the probation period imposed and the defendant 2   shall not be discharged from probation until the probation 3   officer determines that fees and court debt have been paid 4   off or are subject to a payment plan. A defendant may seek 5   administrative review and recalculation of the defendants 6   credits. 7   The bill provides that discharge, educational, and workforce 8   credits earned by a defendant on probation shall not apply 9   to proceedings in adult criminal problem-solving courts and 10   special probation programs unless the problem-solving court 11   or special probation program adopts some or all of the credit 12   provisions. 13   Beginning July 1, 2026, the bill requires the department of 14   corrections to report certain information annually in a public 15   report made available no later than December 1 of each year. 16   The bill provides definitions for adult criminal 17   problem-solving court, discharge credit, educational 18   credit, special probation program, and workforce credit. 19   The bill takes effect July 1, 2026. 20   -5-   LSB 2443YC (4) 91   as/js   5/ 5