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 activities, and that all other restitution be paid to the clerk of court subject to the following:

 (1) Pecuniary damages and category “A” restitution shall be ordered without regard to an offender’s reasonable ability to make payments.
 (2) Category “B” restitution shall be ordered subject to an offender’s reasonable ability to make payments pursuant to section 910.2A.
 b. Pecuniary damages shall be paid to victims in full before category “A” and category “B” restitution are paid.
 c. In structuring a plan of restitution, the plan of payment shall provide for payments in the following order of priority:

 (1) Pecuniary damages to the victim.
 (2) Category “A” restitution.
 (3) Category “B” restitution in the following order:

 (a) Crime victim compensation program reimbursement.
 (b) Public agencies.
 (c) Court costs.
 (d) Court-appointed attorney fees ordered pursuant to section 815.9, including the expense of a public defender.
 (e) Contribution to a local anticrime organization.
 (f) The medical assistance program.
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Terms Used In Iowa Code 910.2

  • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
  • Conviction: A judgement of guilt against a criminal defendant.
  • Criminal activities: means any crime for which there is a plea of guilty, verdict of guilty, or special verdict upon which a judgment of conviction is rendered and any other crime committed after July 1, 1982, which is admitted or not contested by the offender, whether or not prosecuted. See Iowa Code 910.1
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
  • Local anticrime organization: means an entity organized for the primary purpose of crime prevention which has been officially recognized by the chief of police of the city in which the organization is located or the sheriff of the county in which the organization is located. See Iowa Code 910.1
  • 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
  • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
  • Public defender: Represent defendants who can't afford an attorney in criminal matters.
  • 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
  • Verdict: The decision of a petit jury or a judge.
  • Victim: means a person who has suffered pecuniary damages as a result of the offender's criminal activities. See Iowa Code 910.1
 2. a. When the offender is not reasonably able to pay all or a part of category “B” restitution, the court may require the offender in lieu of that portion of category “B” restitution for which the offender is not reasonably able to pay, to perform a needed public service for a governmental agency or for a private nonprofit agency which provides a service to the youth, elderly, or poor of the community.

 b. When community service is ordered, the court shall set a specific number of hours of service to be performed by the offender. When calculating the amount of community service to be performed in lieu of payment of court-appointed attorney fees, the court shall determine the approximate equivalent value of the expenses of the public defender. The judicial district department of correctional services shall provide for the assignment of the offender to a public agency or private nonprofit agency to perform the required service.