Fifth Judicial District - Department of Correctional Services

DISTRICT POLICIES

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TITLE: Plan Of Restitution

POLICY

A plan of Restitution shall be developed, reviewed, and modified in accordance to information provided by the Clerk of Court (or via ICIS) and County Attorney. The restitution plan shall be filed with the Court and placed in the case file within 90 days of the offender's initial appointment, unless, the Court sets the restitution plan, a VORP (Victim Offender Reconciliation Plan) agreement has been established, the Court ordered restitution plan has been completed previously, or the institutional plan is reviewed and found to be accurate. If there is no victim restitution ordered and the amounts owed to the Clerk of Court are less than one hundred fifty dollars ($150.00), no restitution plan is required.

PROCEDURES

By Iowa Code, court costs, fines, surcharges, court-appointed attorney fees, and any victim damages shall be provided to the District by the Clerk of Court (or via ICIS) and County Attorney Office personnel. Should revocation proceedings occur and new costs are incurred, a modified plan shall be filed, with the Clerk of Court providing the new costs to the officer. In preparing the Plan of Restitution with the offender, the offender shall be advised that additional costs may need to be tabulated at a later date. It is the supervising officer's responsibility to make an inquiry through the Clerk of Court's office (or via ICIS) prior to an anticipated discharge to determine if there are new or additional costs. If new costs have been incurred, the offender will be required to pay the amount listed, in full, prior to discharge .

The supervising officer shall not enforce the collection of civil obligations by threat of probation/parole violations.

When preparing restitution plans, the officer should take into account the offender's present income, employment, physical and mental health conditions, education, and financial situation. The amount of the payment shall be based on length of supervision and the feasibility to pay that amount prior to discharge .

The supervising officer and/or other District personnel should NEVER accept cash for payment of Clerk of Court fees. These payments need to be taken or mailed directly to the Clerk of Court's Office by the offender.

NOTE: Per Iowa Code, offenders cannot be discharged early if supervision fees and court ordered obligations are not paid in full.

  1. Restitution Plans will be completed in ICON for both probation and parole. (See ICON Business Rules).
  2. The supervising officer will obtain amounts owed from the respective Clerk of Court through ICIS.
  3. The supervising officer and the offender will negotiate a plan of payment.
  4. The plan of payment shall include the date of plan approval, the date and signature of the offender, and the signature of the supervising officer preparing the plan and witnessing the offender signature. Any modifications to the plan will require the offender's signature.
    1. Probation cases will require a District Judge's signature before being filed with the Clerk of Court in the sentencing county.
    2. Parole cases will require the District Director and/or designee's signature before being filed with the Clerk of Court in the sentencing county.
    3. Transfer cases will require the sending district to provide the receiving district all the financial obligations owed by the offender. The receiving district will negotiate the payment plan.
  5. Upon completion and approval of the plan of payment by the Court (in probation cases), and the District Director or designee (in parole cases), the supervising officer will:
    1. Forward the original to the respective Clerk of Court.
    2. Ensure that a copy of the plan of payment is given to the offender.
    3. Ensure that the original is placed in the offender's case file.
  6. The offender shall submit payments in a timely fashion in accordance with the plan.
    1. The offender shall provide the officer with proof of payment through receipts if payments are made directly to the Clerk of Court.
    2. If an offender brings a payment to the office, only his/her supervising officer shall accept that payment. The supervising officer shall accept only checks and/or money orders.
    3. Payments to the Clerk of Court shall be mailed or hand delivered to the Clerk of Court that same day. The criminal case number must be indicated on the check and/or money order. The supervising officer will make a copy of the check or money order and place the copy in the case file.
    4. The supervising officer shall never send payments directly to the victim. These payments must always be sent through the Clerk of Court.
    5. If the offender willfully fails to comply with the approved payment plan, a revocation hearing may be initiated.
  7. The supervising officer may have the offender convert his/her fines to community service, if deemed appropriate.
    1. The offender may not convert any victim restitution to community service. (See Policy)
  8. 8. The supervising officer shall periodically review the offender's payment progress and financial situation to determine compliance with the plan and any need for modification of the plan.
  9. When cases are about to expire (discharge) and the offender has yet to meet his/her financial obligations to the Court, the supervising officer has options and may need to confer with his/her Supervisor and/or County Attorney in the sentencing county to proceed with the best option. The State of Iowa's Cost Collection Unit (CCU) will attempt to collect the monies owed after the termination of the case.
    1. Probation case options:
      1. Extend current probation if possible. Misdemeanor cases can be on active supervision for a maximum of two (2) years and felony cases can be on active supervision for a maximum of five (5) years.
      2. The supervising officer may consider transferring the case to minimum supervision if an extension is granted and if the offender's risk level allows.
      3. The supervising officer may initiate revocation proceedings.
      4. If the maximum time has expired, the supervising officer may complete one of the following depending on the presiding Judge, County Attorney, and Clerk of Court.
        1. Place the remaining costs on the lien docket of the sentencing county.
        2. Set up a show cause hearing in the sentencing county, if permitted by the sentencing county.
        3. c. Set up judgment of confession in the sentencing county, if permitted by the sentencing county.
    2. Parole case options:
      1. Once a parole case has reached its maximum discharge date, the officer has no option except to discharge the offender.
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