General Assembly: 76 (1996 Regular GA) - Chapter 1091 - Restitution — contributions to local anticrime organizations


Published: 1996-04-15

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$20 per month, or Get a Day Pass for only USD$4.99.

CH. 1091 lAWS OF THE SEVEN1Y-SIXTH GA., 1996 SESSION

CHAPTER 1091 RESTITUTION - CONTRIBUTIONS TO LOCAL ANTICRIME ORGANIZATIONS

H.F.21O

208

AN ACT authorizing a court to require a criminal offender as part of a restitution order to make financial contributions to a local anticrime organization.

Be It Enacted by the General Assembly of the State of Iowa:

Section 1. Section 910.1, Code 1995, is amended by adding the following new subsec- tion:

NEW SUBSECTION. 1A. "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.

Sec. 2. Section 910.1, subsection 3, Code 1995, is amended to read as follows: 3. "Restitution" means payment of pecuniary damages to a victim in an amount and in

the manner provided by the offender's plan of restitution. Restitution also includes fines, penalties, and surcharges, the contribution of funds to a local anticrime organization which provided assistance to law enforcement in an offender's case. the payment of crime victim compensation program reimbursements, court costs, court-appointed attorney's fees, or the expense of a public defender, and the performance of a public service by an offender in an amount set by the court when the offender cannot reasonably pay all or part of the court costs, court-appointed attorney's fees, or the expense of a public defender.

Sec. 3. Section 910.2, Code Supplement 1995, is amended to read as follows: 910.2 RESTITUTION OR COMMUNI1Y SERVICE TO BE ORDERED BY SENTENC-

ING COURT. In all criminal cases except simple misdemeanors under chapter 321, 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 restitution be made by each offender to the victims of the offender's criminal activities, to the clerk of court for fines, penalties, sur- charges, and, to the extent that the offender is reasonably able to pay, for crime victim assistance reimbursement, court costs, court-appointed attorney's fees, or the expense of a public defender when applicable. or contribution to a local anticrime organization. How- ever, victims shall be paid in full before fines, penalties, and surcharges, crime victim compensation program reimbursement, court costs, court-appointed attorney's fees, at' the expenses of a public defender. or contribution to a local anticrime organization are paid. In structuring a plan of restitution, the court shall provide for payments in the follow- ing order of priority: victim, fines, penalties, and surcharges, crime victim compensation program reimbursement, court costs, aBEl court-appointed attorney's fees, or the expense of a public defender. and contribution to a local anticrime organization.

PARAGRAPH DIVIDED. When the offender is not reasonably able to pay all or a part of the crime victim compensation program reimbursement, court costs, court-appointed attorney's fees, at' the expense of a public defender, or contribution to a local anticrime organization. the court may require the offender in lieu of that portion of the crime victim compensation program reimbursement, court costs, court-appointed attorney's fees, at' expense of a public defender. or contribution to a local anticrime organization for which the offender is not reasonably able to pay, to perform a needed public service for a govern- mental agency or for a private nonprofit agency which provides a service to the youth, elderly, or poor of the community. When community service is ordered, the court shall set a specific number of hours of service to be performed by the offender. 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.

Approved April 15, 1996