Iowa Code 910.5 – Condition of work release or parole
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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, and other pertinent information concerning or affecting restitution by the offender.
b. If the offender is committed to the custody of the director after revocation of probation, all information regarding the offender’s restitution plan shall be forwarded by the offender’s probation officer.
c. An offender committed to a penal or correctional facility of the state shall make restitution while placed in that facility.
d. Upon commitment to the custody of the director of the Iowa department of corrections, the director or the director’s designee shall prepare a restitution plan of payment or modify any existing plan of payment.
(1) The new or modified plan of payment shall reflect the offender’s present circumstances concerning the offender’s income, physical and mental health, education, employment, and family circumstances.
(2) The director or the director’s designee may modify the plan of payment at any time to reflect the offender’s present circumstances.
e. After the expiration of the offender’s sentence, the failure of an offender to comply with the plan of restitution ordered by the court shall constitute contempt of court.
Terms Used In Iowa Code 910.5
- Plan of restitution: means a permanent restitution order, restitution plan of payment, any other court order relating to restitution, or any combination of the foregoing. See Iowa Code 910.1
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- Restitution: The court-ordered payment of money by the defendant to the victim for damages caused by the criminal action.
- restitution: means fines, penalties, and surcharges. See Iowa Code 910.1
- restitution plan of payment: means a plan for paying restitution wherein the defendant is ordered to pay a certain amount of money each month to repay outstanding restitution. See Iowa Code 910.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
2. If an offender is to be placed on work release from an institution under the control of the director of the Iowa department of corrections, restitution shall be a condition of work release.
a. The chief of the bureau of community correctional services of the Iowa department of corrections shall prepare a restitution plan of payment or may modify any previously existing restitution plan of payment.
(1) The new or modified plan of payment shall reflect the offender’s present circumstances concerning the offender’s income, physical and mental health, education, employment, and family circumstances.
(2) The bureau chief may modify the plan of payment at any time to reflect the offender’s present circumstances.
b. Failure of the offender to comply with the restitution plan of payment, including the community service requirement, if any, shall constitute a violation of a condition of work release and the work release privilege may be revoked.
c. After the expiration of the offender’s sentence, the failure of an offender to comply with the plan of restitution ordered by the court shall constitute contempt of court.
3. If an offender is to be placed on work release from a facility under control of a county sheriff or the judicial district department of correctional services, restitution shall be a condition of work release.
a. The office or individual charged with supervision of the offender shall prepare a restitution plan of payment or may modify any previously existing restitution plan of payment.
(1) The new or modified plan of payment shall reflect the offender’s present circumstances concerning the offender’s income, physical and mental health, education, employment and family circumstances.
(2) Failure of the offender to comply with the restitution plan of payment including the community service requirement, if any, constitutes a violation of a condition of work release.
(3) The office or individual charged with supervision of the offender may modify the plan of restitution at any time to reflect the offender’s present circumstances.
b. After the expiration of the offender’s sentence, the failure of an offender to comply with the plan of restitution ordered by the court shall constitute contempt of court.
4. If an offender is to be placed on parole, restitution shall be a condition of parole.
a. The district department of correctional services to which the offender will be assigned shall prepare a restitution plan of payment or may modify any previously existing restitution plan of payment.
(1) The new or modified plan of payment shall reflect the offender’s present circumstances concerning the offender’s income, physical and mental health, education, employment, and family circumstances.
(2) Failure of the offender to comply with the restitution plan of payment including a community service requirement, if any, shall constitute a violation of a condition of parole.
(3) The parole officer may modify the plan of payment any time to reflect the offender’s present circumstances.
(4) A restitution plan of payment or modified plan of payment, prepared by a parole officer, must meet the approval of the director of the district department of correctional services.
b. After the expiration of the offender’s sentence, the failure of an offender to comply with the plan of restitution ordered by the court shall constitute contempt of court.
5. The director of the Iowa department of corrections shall adopt rules pursuant to chapter 17A concerning the policies and procedures to be used in preparing and implementing restitution plans of payment for offenders who are committed to an institution under the control of the director of the Iowa department of corrections, for offenders who are to be released on work release from institutions under the control of the director of the Iowa department of corrections, for offenders who are placed on probation, and for offenders who are released on parole.