1. When restitution is ordered by the sentencing court and the offender is placed on probation, restitution shall be a condition of probation.
a. Failure of the offender to comply with the plan of restitution, plan of payment, or community service requirements when community service is ordered by the court as restitution, shall constitute a violation of probation and shall constitute contempt of court.
b. If an offender fails to comply with restitution requirements during probation, the court may hold the offender in contempt, revoke probation, or extend the period of probation.
(1) If the court extends the period of probation, the period of probation shall not be for more than the maximum period of probation for the offense committed except for an extension of a period of probation as authorized in section 907.7. After discharge from probation or after the expiration of the period of probation, as extended if applicable, the failure of an offender to comply with the plan of restitution shall constitute contempt of court.
(2) If an offender’s probation is revoked, the offender’s assigned probation officer shall forward to the director of the Iowa department of corrections all known information concerning the offender’s restitution obligations, including but not limited to the plan of restitution, and any other pertinent information concerning or affecting restitution by the offender.
2. When the offender is committed to a county jail, or to an alternate facility, the office or individual charged with supervision of the offender shall prepare a restitution plan of payment and shall submit the plan to the court.
a. When community service is ordered by the court as restitution, the restitution plan of payment shall set out a plan to meet the requirement for the community service.
b. When there is a significant change in the offender’s income or circumstances, the office\n\nTue Dec 09 21:52:01 2025 Iowa Code 2026, Chapter 910 (37, 0) §910.4, RESTITUTION 6\n\nor individual which has supervision of the restitution plan of payment shall submit a modified plan of payment to the court.
3. a. When there is a transfer of supervision from one office or individual charged with supervision of the offender to another, the sending office or individual shall forward to the receiving office or individual all necessary information regarding the balance owed against the original amount of restitution ordered and the balance of public service required.
b. If there has been a significant change in the offender’s circumstances or income, the receiving office or individual shall submit a new restitution plan of payment to the sentencing court.
4. Notwithstanding any other provision in this chapter, the plan of payment shall be based on all information pertinent to the offender’s reasonable ability to pay. The first monthly payment under such a plan shall be made within thirty days of the approval of the plan. [C75, 77, §789A.8; C79, 81, §907.12; 82 Acts, ch 1162, §5] 83 Acts, ch 56, §1; 89 Acts, ch 13, §1; 95 Acts, ch 127, §1; 96 Acts, ch 1193, §22; 2010 Acts, ch 1175, §3, 4; 2013 Acts, ch 30, §231; 2020 Acts, ch 1074, §75 – 77, 83 \n
Notes of Decisions
Cited in
14
cases (
1 in the last 5 years), 1984–2021 · leading case:
State v. Izzolena, 609 N.W.2d 541 (Iowa 2000).
State v. Izzolena, 609 N.W.2d 541 (Iowa 2000).
· cites it 4× “I agree with the majority that the $150,000 minimum restitution under Iowa Code section 910.4 is a "fine" within the Eighth Amendment to the United States Constitution and article I, section 17 of the Iowa Constitution.”
State of Iowa v. Charles Raymond Albright, 925 N.W.2d 144 (Iowa 2019).
“§ 910.4(2)( a ). All of these determinations may be subject to review by the court if the offender or the office or individual who prepared the offender's restitution plan petitions the court.”
State v. Bonstetter, 637 N.W.2d 161 (Iowa 2001).
· cites it 2× “” Iowa Code § 910.4 . Pecuniary damages are “all damages to the extent not paid by an insurer, which a victim could recover against the offender in a civil action arising out of the same facts or event, except punitive damages.”
State of Iowa v. Beau Jackson Morris, 858 N.W.2d 11 (Iowa 2015).
· cites it 4× “See Iowa Code § 910.4 (2)(d) (requiring court approval for modification when offender is on probation); id.”
State v. Chase, 451 N.W.2d 493 (Iowa 1990).
· cites it 6× “Chase was ordered *495 to make restitution as a condition of probation under Iowa Code section 910.4. We think the legislature intended the powers granted under that section to be coterminous with probation.”
State v. Harrison, 351 N.W.2d 526 (Iowa 1984).
“§ 910.4. The plan of payment sets out the schedule for the offender to carry out the terms of the plan of restitution.”
State of Iowa v. Daniel Wesley Davis Jr. (Iowa 2020).
· cites it 8× “See Iowa Code §§ 910.4 (1), .6. Where the offender “is committed to a county jail, or to an alternate facility, the office or individual charged with supervision of the offender shall prepare a restitution plan of payment.”
State of Iowa v. Diane Clara Dann (Iowa Ct. App. 2016).
· cites it 2× “See Iowa Code § 910.4 (2). Because the restitution plan of payment was not entered prior to the appeal and Dann challenges the court’s failure to consider her ability to pay, the challenge is not directly appealable.”
State of Iowa v. Larry Gross (Iowa 2019).
· cites it 2× “§ 910.4(1). If the offender fails to comply with the restitution plan, probation may be revoked.”
State of Iowa v. Kevin Jerome Arnold (Iowa Ct. App. 2021).
· cites it 2× “the failure of an offender to comply with the plan of restitution ordered by the court shall constitute contempt of court.” (Emphasis added.) It is thus possible under our statutes and applicable case law for a period of probation to expire but no discharge to result.”
— Iowa Code § 910.4(1) — 1 case
State of Iowa v. Larry Gross (Iowa 2019).
“§ 910.4(1). If the offender fails to comply with the restitution plan, probation may be revoked.”
— Iowa Code § 910.4(1)(b) — 1 case
State of Iowa v. Larry Gross (Iowa 2019).
“§ 910.4(1). If the offender fails to comply with the restitution plan, probation may be revoked.”
— Iowa Code § 910.4(1)(b)(1) — 1 case
State of Iowa v. Kevin Jerome Arnold (Iowa Ct. App. 2021).
“the failure of an offender to comply with the plan of restitution ordered by the court shall constitute contempt of court.” (Emphasis added.) It is thus possible under our statutes and applicable case law for a period of probation to expire but no discharge to result.”
— Iowa Code § 910.4(2) — 4 cases
State of Iowa v. Charles Raymond Albright, 925 N.W.2d 144 (Iowa 2019).
“§ 910.4(2)( a ). All of these determinations may be subject to review by the court if the offender or the office or individual who prepared the offender's restitution plan petitions the court.”
State of Iowa v. Daniel Wesley Davis Jr. (Iowa 2020).
“See Iowa Code §§ 910.4 (1), .6. Where the offender “is committed to a county jail, or to an alternate facility, the office or individual charged with supervision of the offender shall prepare a restitution plan of payment.”
— Iowa Code § 910.4(2)(a) — 1 case
State of Iowa v. Daniel Wesley Davis Jr. (Iowa 2020).
“See Iowa Code §§ 910.4 (1), .6. Where the offender “is committed to a county jail, or to an alternate facility, the office or individual charged with supervision of the offender shall prepare a restitution plan of payment.”
— Iowa Code § 910.4(2)(c) — 1 case
State of Iowa v. Daniel Wesley Davis Jr. (Iowa 2020).
“See Iowa Code §§ 910.4 (1), .6. Where the offender “is committed to a county jail, or to an alternate facility, the office or individual charged with supervision of the offender shall prepare a restitution plan of payment.”
— Iowa Code § 910.4(2)(d) — 2 cases
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