1. a. When an offender is committed to the custody of the director of the Iowa department
of corrections pursuant to a sentence of confinement, the sentencing court shall forward to
the director a copy of the offender’s restitution plan, present restitution payment plan if any,
and other pertinent information concerning or affecting restitution by the offender.
b. If the offender is committed to the custody of the director after revocation of probation,
all information regarding the offender’s restitution plan shall be forwarded by the offender’s
probation officer.
c. An offender committed to a penal or correctional facility of the state shall make
restitution while placed in that facility.
d. Upon commitment to the custody of the director of the Iowa department of corrections,
the director or the director’s designee shall prepare a restitution plan of payment or modify
any existing plan of payment.
(1) The new or modified plan of payment shall reflect the offender’s present
circumstances concerning the offender’s income, physical and mental health, education,
employment, and family circumstances.
(2) The director or the director’s designee may modify the plan of payment at any time to
reflect the offender’s present circumstances.
e. After the expiration of the offender’s sentence, the failure of an offender to comply with
the plan of restitution ordered by the court shall constitute contempt of court.
2. If an offender is to be placed on work release from an institution under the control of
the director of the Iowa department of corrections, restitution shall be a condition of work
release.
a. The chief of the bureau of community correctional services of the Iowa department of
corrections shall prepare a restitution plan of payment or may modify any previously existing
restitution plan of payment.
(1) The new or modified plan of payment shall reflect the offender’s present
circumstances concerning the offender’s income, physical and mental health, education,
employment, and family circumstances.
(2) The bureau chief may modify the plan of payment at any time to reflect the offender’s
present circumstances.
b. Failure of the offender to comply with the restitution plan of payment, including the
community service requirement, if any, shall constitute a violation of a condition of work
release and the work release privilege may be revoked.
c. After the expiration of the offender’s sentence, the failure of an offender to comply with
the plan of restitution ordered by the court shall constitute contempt of court.
3. If an offender is to be placed on work release from a facility under control of a county
sheriff or the judicial district department of correctional services, restitution shall be a
condition of work release.
a. The office or individual charged with supervision of the offender shall prepare a
\n
Tue Dec 09 21:52:01 2025 Iowa Code 2026, Chapter 910 (37, 0)
7 RESTITUTION, §910.7\n\nrestitution plan of payment or may modify any previously existing restitution plan of
payment.
(1) The new or modified plan of payment shall reflect the offender’s present
circumstances concerning the offender’s income, physical and mental health, education,
employment and family circumstances.
(2) Failure of the offender to comply with the restitution plan of payment including the
community service requirement, if any, constitutes a violation of a condition of work release.
(3) The office or individual charged with supervision of the offender may modify the plan
of restitution at any time to reflect the offender’s present circumstances.
b. After the expiration of the offender’s sentence, the failure of an offender to comply with
the plan of restitution ordered by the court shall constitute contempt of court.
4. If an offender is to be placed on parole, restitution shall be a condition of parole.
a. The district department of correctional services to which the offender will be assigned
shall prepare a restitution plan of payment or may modify any previously existing restitution
plan of payment.
(1) The new or modified plan of payment shall reflect the offender’s present
circumstances concerning the offender’s income, physical and mental health, education,
employment, and family circumstances.
(2) Failure of the offender to comply with the restitution plan of payment including a
community service requirement, if any, shall constitute a violation of a condition of parole.
(3) The parole officer may modify the plan of payment any time to reflect the offender’s
present circumstances.
(4) A restitution plan of payment or modified plan of payment, prepared by a parole
officer, must meet the approval of the director of the district department of correctional
services.
b. After the expiration of the offender’s sentence, the failure of an offender to comply with
the plan of restitution ordered by the court shall constitute contempt of court.
5. The director of the Iowa department of corrections shall adopt rules pursuant
to chapter 17A concerning the policies and procedures to be used in preparing and
implementing restitution plans of payment for offenders who are committed to an institution
under the control of the director of the Iowa department of corrections, for offenders who
are to be released on work release from institutions under the control of the director of
the Iowa department of corrections, for offenders who are placed on probation, and for
offenders who are released on parole.
[C75, 77, §789A.8; C79, 81, §907.12; 82 Acts, ch 1162, §6]
83 Acts, ch 56, §2; 83 Acts, ch 96, §154, 159; 95 Acts, ch 127, §2, 3; 96 Acts, ch 1193, §23
\n
Notes of Decisions
Walters v. Grossheim, 525 N.W.2d 830 (Iowa 1994).
· cites it 8× “See Iowa Code § 910.5 (1) ("An offender committed to a penal or correctional facility of the state, shall make restitution while placed in that facility.”
State v. Ashburn, 534 N.W.2d 106 (Iowa 1995).
· cites it 12× “Moreover, the court concluded Iowa Code section 910.5 does not require that an offender be serving the sentence for which restitution was ordered before restitution may be enforced.”
State of Iowa v. Beau Jackson Morris, 858 N.W.2d 11 (Iowa 2015).
· cites it 5× “§ 910.5(2)(a) (permitting the chief of the bureau of community correctional services to modify payment plans for those on work release); id.”
State v. Mayberry, 415 N.W.2d 644 (Iowa 1987).
· cites it 2× “Under Iowa Code section 910.5(1), the Director of the Division of Adult Corrections determines the method of payment.”
State v. Love, 589 N.W.2d 49 (Iowa 1998).
· cites it 2× “See Iowa Code § 910.5 (1989) (director prepares a restitution plan of payment); § 904.”
State v. Harrison, 351 N.W.2d 526 (Iowa 1984).
“See § 910.5. The court, however, retains ultimate authority to review any issue concerning either the plan of restitution or plan of payment pursuant to section 910.”
State v. Storrs, 351 N.W.2d 520 (Iowa 1984).
“§ 910.5(1). Under the present record we find no error in the restitution order.”
State v. Chase, 451 N.W.2d 493 (Iowa 1990).
· cites it 2× “Iowa Code § 910.5 (4) (restitution must be condition of parole); § 910.”
State of Iowa v. Daniel Wesley Davis Jr. (Iowa 2020).
· cites it 9× “See Iowa Code § 910.5 (5) (“The director of the Iowa department of corrections shall adopt rules pursuant to chapter 17A concerning the policies and procedures to be used in preparing and implementing restitution plans of payment for offenders .”
Ronald Mahers v. Sally C. Halford, 76 F.3d 951 (8th Cir. 1996).
· cites it 2× “at 832 (citing Iowa Code § 910.5 (1)). The Code does not authorize the "blanket post-restitution-plan deduction from non-wage assets" at issue in this case.”
— Iowa Code § 910.5(1) — 3 cases
State v. Ashburn, 534 N.W.2d 106 (Iowa 1995).
“Moreover, the court concluded Iowa Code section 910.5 does not require that an offender be serving the sentence for which restitution was ordered before restitution may be enforced.”
State v. Mayberry, 415 N.W.2d 644 (Iowa 1987).
“Under Iowa Code section 910.5(1), the Director of the Division of Adult Corrections determines the method of payment.”
State v. Storrs, 351 N.W.2d 520 (Iowa 1984).
“§ 910.5(1). Under the present record we find no error in the restitution order.”
— Iowa Code § 910.5(1)(a) — 1 case
State of Iowa v. Daniel Wesley Davis Jr. (Iowa 2020).
“See Iowa Code § 910.5 (5) (“The director of the Iowa department of corrections shall adopt rules pursuant to chapter 17A concerning the policies and procedures to be used in preparing and implementing restitution plans of payment for offenders .”
— Iowa Code § 910.5(1)(d) — 2 cases
State of Iowa v. Daniel Wesley Davis Jr. (Iowa 2020).
“See Iowa Code § 910.5 (5) (“The director of the Iowa department of corrections shall adopt rules pursuant to chapter 17A concerning the policies and procedures to be used in preparing and implementing restitution plans of payment for offenders .”
— Iowa Code § 910.5(1)(d)(1) — 2 cases
State of Iowa v. Daniel Wesley Davis Jr. (Iowa 2020).
“See Iowa Code § 910.5 (5) (“The director of the Iowa department of corrections shall adopt rules pursuant to chapter 17A concerning the policies and procedures to be used in preparing and implementing restitution plans of payment for offenders .”
— Iowa Code § 910.5(1)(d)(2) — 2 cases
— Iowa Code § 910.5(14) — 1 case
— Iowa Code § 910.5(2) — 1 case
— Iowa Code § 910.5(2)(a) — 2 cases
State of Iowa v. Beau Jackson Morris, 858 N.W.2d 11 (Iowa 2015).
“§ 910.5(2)(a) (permitting the chief of the bureau of community correctional services to modify payment plans for those on work release); id.”
— Iowa Code § 910.5(2)(a)(1) — 1 case
State of Iowa v. Daniel Wesley Davis Jr. (Iowa 2020).
“See Iowa Code § 910.5 (5) (“The director of the Iowa department of corrections shall adopt rules pursuant to chapter 17A concerning the policies and procedures to be used in preparing and implementing restitution plans of payment for offenders .”
— Iowa Code § 910.5(2)(b) — 1 case
— Iowa Code § 910.5(3)(a) — 2 cases
State of Iowa v. Beau Jackson Morris, 858 N.W.2d 11 (Iowa 2015).
“§ 910.5(2)(a) (permitting the chief of the bureau of community correctional services to modify payment plans for those on work release); id.”
— Iowa Code § 910.5(3)(a)(1) — 1 case
State of Iowa v. Daniel Wesley Davis Jr. (Iowa 2020).
“See Iowa Code § 910.5 (5) (“The director of the Iowa department of corrections shall adopt rules pursuant to chapter 17A concerning the policies and procedures to be used in preparing and implementing restitution plans of payment for offenders .”
— Iowa Code § 910.5(4) — 1 case
— Iowa Code § 910.5(4)(a) — 2 cases
State of Iowa v. Beau Jackson Morris, 858 N.W.2d 11 (Iowa 2015).
“§ 910.5(2)(a) (permitting the chief of the bureau of community correctional services to modify payment plans for those on work release); id.”
— Iowa Code § 910.5(4)(a)(1) — 1 case
State of Iowa v. Daniel Wesley Davis Jr. (Iowa 2020).
“See Iowa Code § 910.5 (5) (“The director of the Iowa department of corrections shall adopt rules pursuant to chapter 17A concerning the policies and procedures to be used in preparing and implementing restitution plans of payment for offenders .”
— Iowa Code § 910.5(5) — 1 case
Walters v. Grossheim, 525 N.W.2d 830 (Iowa 1994).
“See Iowa Code § 910.5 (1) ("An offender committed to a penal or correctional facility of the state, shall make restitution while placed in that facility.”
— Iowa Code § 910.5(l)(d) — 1 case
State of Iowa v. Beau Jackson Morris, 858 N.W.2d 11 (Iowa 2015).
“§ 910.5(2)(a) (permitting the chief of the bureau of community correctional services to modify payment plans for those on work release); id.”
— Iowa Code § 910.5(l)(d)(l) — 1 case
State of Iowa v. Beau Jackson Morris, 858 N.W.2d 11 (Iowa 2015).
“§ 910.5(2)(a) (permitting the chief of the bureau of community correctional services to modify payment plans for those on work release); id.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.