Iowa Code 910.2B – Conversion of existing restitution orders
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1. All of the following, if entered by a district court prior to June 25, 2020, shall be converted to permanent restitution orders:
a. A temporary restitution order.
b. A supplemental restitution order.
c. A restitution order that does not contain a determination of the defendant‘s reasonable ability to pay the restitution ordered.
Terms Used In Iowa Code 910.2B
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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
- Permanent restitution order: means an enforceable restitution order entered either at the time of sentencing or at a later date determined by the court. See Iowa Code 910.1
- 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
- year: means twelve consecutive months. See Iowa Code 4.1
2. The only means by which a defendant may challenge the conversion of a restitution order is through the filing of a petition pursuant to section 910.7.
3. The provisions of this chapter, including but not limited to the procedures in section 910.2A, shall apply to a challenge to the conversion of an existing restitution order in the district court and on appeal.
4. A challenge to the conversion of an existing restitution order to a permanent restitution order shall be filed in the district court no later than one year from June 25, 2020.