Iowa Code » Chapter 907 — DEFERRED JUDGMENT, DEFERRED OR SUSPENDED
Iowa Code

Iowa Code § 907.13 (2026)

Community service sentencing — liability — workers’ compensation

✓ current as of July 2026
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1. The court may establish as a condition of probation that the defendant perform unpaid community service for a time not to exceed the maximum period of confinement for the offense of which the defendant is convicted. If this condition is established, the defendant in cooperation with the probation officer assigned to the defendant and in cooperation with the judicial district department of correctional services, shall promptly prepare a plan to implement the community service condition. The plan shall include but shall not be limited to the suggested placement of the defendant and the suggested number of hours of services to be required.

2. The defendant’s plan of community service, the comments of the defendant’s probation officer, and the comments of the representative of the judicial district department of correctional services responsible for the unpaid community service program, shall be submitted promptly to the court. The court shall promptly enter an order approving the plan or modifying it. Compliance with the plan of community service as approved or modified by the court shall be a condition of the defendant’s probation. The court thereafter may modify\n\nTue Dec 09 21:52:10 2025 Iowa Code 2026, Chapter 907 (44, 0) §907.13, DEFERRED JUDGMENT, DEFERRED OR SUSPENDED SENTENCE, PROBATION 10\n\nthe plan at any time upon the defendant’s request, upon the request of the judicial district department of correctional services, or upon the court’s own motion. As an option for modification of a plan, the court may allow a defendant to complete some part or all of the defendant’s community service obligation through the donation of property to a charitable organization other than a governmental subdivision. A donation of property to a charitable organization offered in satisfaction of some part or all of a community service obligation under this subsection is not a deductible contribution for the purposes of federal or state income taxes.

3. At any time during the probation period the defendant may request and the court shall grant a hearing on any matter related to the plan of community service.

4. Failure of the defendant to comply with subsection 1 or to comply with the plan of community service as approved or modified by the court shall constitute a violation of the conditions of probation. Without limitation, the court may modify the plan of community service or modify the required hours of service, but not beyond the maximum hours of service specified in subsection 1.

5. The state of Iowa is exclusively liable, according to and under chapter 669, for a tortious act committed by a defendant while performing unpaid community service.

6. The state of Iowa is exclusively liable for and shall pay any compensation becoming due any person under section 85.59. [82 Acts, ch 1069, §4] 84 Acts, ch 1280, §3; 88 Acts, ch 1168, §7 Referred to in §462A.14, 901.3, 907.6 Community service as restitution; see §909.3A, 910.2 \n

Notes of Decisions
Cited in 8 cases, 1997–2019 · leading case: Iowa Supreme Court Attorney Disciplinary Bd. v. Borth, 728 N.W.2d 205 (Iowa 2007).
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Iowa Supreme Court Attorney Disciplinary Bd. v. Borth, 728 N.W.2d 205 (Iowa 2007). · cites it 30× “See generally Iowa Code § 907.13 (2) (allowing court to require charitable donation in lieu *208 of community service imposed as a condition of probation).”
State of Iowa v. Justin Dean Short, 851 N.W.2d 474 (Iowa 2014). · cites it 4× “Conditions may include but are not limited to adherence to regulations generally applicable to persons released on parole and including requiring unpaid community service as allowed pursuant to section 907.13. Among the parole regulations to which a probationer may be subject is…”
State of Iowa v. Evan Paul Headley, 926 N.W.2d 545 (Iowa 2019). · cites it 2× “The defendant's potential as a candidate for the community service sentence program established pursuant to section 907.13. g. Any mitigating circumstances relating to the offense and the defendant's potential as a candidate for deferred judgement, deferred sentencing, a…”
Iowa Supreme Court Attorney Disciplinary Bd. v. Barry, 762 N.W.2d 129 (Iowa 2009). · cites it 2× “Iowa Code § 907.13 (2) (2001). The Code specifically prohibited a donation to a governmental *133 subdivision, such as the sheriffs office.”
State v. Phillips, 561 N.W.2d 355 (Iowa 1997). · cites it 2× “The defendant’s potential as a candidate for the community service sentence program established pursuant to section 907.13. (Emphasis added.) The presentenee investigation report in this case faded to address defendant Phillips’ potential as a candidate for community service, as…”
Iowa Supreme Court Attorney Disciplinary Bd. Vs. Charles K. Borth (Iowa 2007). · cites it 11× “See generally Iowa Code § 907.13 (2) (allowing court to require charitable donation in lieu of community service imposed as a condition of probation).”
Amended October 15, 2014 State of Iowa v. Justin Dean Short (Iowa 2014). · cites it 2× “Conditions may include but are not limited to adherence to regulations generally applicable to persons released on parole and including requiring unpaid community service as allowed pursuant to section 907.13. Among the parole regulations to which a probationer may be subject is…”
Iowa Supreme Court Attorney Disciplinary Bd. Vs. James P. Barry (Iowa 2009). · cites it 2× “Iowa Code § 907.13 (2) (2001). The Code specifically prohibited a donation to a governmental subdivision, such as the sheriff’s office.”
— Iowa Code § 907.13(2) — 2 cases
Iowa Supreme Court Attorney Disciplinary Bd. v. Borth, 728 N.W.2d 205 (Iowa 2007). “See generally Iowa Code § 907.13 (2) (allowing court to require charitable donation in lieu *208 of community service imposed as a condition of probation).”
Iowa Supreme Court Attorney Disciplinary Bd. Vs. Charles K. Borth (Iowa 2007). “See generally Iowa Code § 907.13 (2) (allowing court to require charitable donation in lieu of community service imposed as a condition of probation).”
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