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State v. Hays

Court of Appeals of Iowa

March 20, 2019

STATE OF IOWA, Plaintiff-Appellee,
v.
JACK LEONARD HAYS, Defendant-Appellant.

          Appeal from the Iowa District Court for Polk County, Scott D. Rosenberg, Judge.

         Defendant appeals the district court decision denying his claim the restitution order in his case was improper.

          Angela Campbell of Dickey & Campbell Law Firm, PLC, Des Moines, for appellant.

          Thomas J. Miller, Attorney General, and Louis S. Sloven, Assistant Attorney General, for appellee.

          Considered by Tabor, P.J., Bower, J., and Scott, S.J. [*]

          SCOTT, SENIOR JUDGE.

         Jack Hays appeals the district court decision denying his claim the restitution order in his case was improper. Hays's claims do not involve an illegal sentence. His claims regarding the amount of restitution and his assertion the amount of restitution constitutes cruel and unusual punishment are barred by the law-of-the-case doctrine. The district court took Hays's reasonable ability to pay into consideration and reduced the amount of his payments. In the future, the better practice would be for the State to prepare a statement of the specific charges in the restitution plan and the reason for those charges. We affirm the decision of the district court.

         I. Background Facts & Proceedings

         Hays was convicted of burglary in the first degree and three counts of sexual abuse in the second degree. He broke into a woman's home and repeatedly sexually abused her. He was sentenced to life in prison without possibility of parole for all three sexual abuse counts and an indeterminate term of imprisonment not to exceed twenty-five years for burglary in the first degree, to be served consecutively. Hays's convictions were affirmed on appeal.[1] State v. Hays, No. 11-0669, 2012 WL 4513885, at *10 (Iowa Ct. App. Oct. 3, 2012).

         The sentencing order provided, "Defendant is ordered to make restitution. The amounts of restitution are not available at this time. At such time as the amounts are available, a supplemental order will follow." The Polk County Sheriff filed notice stating Hays had spent 572 days in the county jail. On November 2, 2011, a restitution plan was filed by the Iowa Department of Corrections (IDOC), which showed Hays owed $26, 793.14 in costs and a surcharge of $125.00, for a total of $27, 118.14. The plan stated Hays was ordered to pay twenty percent of all credits to his inmate institutional account.

         On March 26, 2012, Hays filed a motion requesting a restitution hearing, claiming he was improperly being ordered to pay the cost of his room and board at the Polk County Jail, when he had been in the custody of the IDOC during that time. He also claimed the amount of restitution constituted cruel and unusual punishment. The district court noted a hearing should be set under Iowa Code section 910.7(1) (2011) only if warranted and declined to set a formal hearing. The court found, "The Polk County Sheriff is allowed under Chapter 356 to collect room and board fees for this time. The Defendant's allegation that these charges are an illegal sentence and cruel and unusual punishment is without merit." Hays did not appeal this ruling.

         On August 26, 2012, Hays filed a second motion for a restitution hearing, alleging he was denied due process because no statement of restitution had been submitted and there was not a court order for restitution. He also disputed the finding he should be required to pay his room and board fees for the time he spent at the Polk County Jail. Hays additionally asserted he was not reasonably able to pay the amount of restitution ordered. The State resisted Hays's request for a restitution hearing, noting Hays had signed a room and board claim for $28, 625.00 for the 572 days he spent in the Polk County Jail and stating the sheriff's office had not yet filed a reimbursement claim "due to back log of claims." The State attached a copy of the Polk County Sheriff's Office's claim for reimbursement, dated April 21, 2011, showing an administrative charge of $75.00, room and board charges of $28, 600.00, and a credit of $50.00, for a total of $28, 625.00. After a hearing, the district court denied Hays's claims. Hays did not appeal this ruling.

         On March 22, 2013, Hays filed a third motion for a restitution hearing, again complaining he had been charged for room and board while at the Polk County Jail. The district court determined a hearing was not warranted under section 910.7(1), finding, "Defendant has not identified cognizable grounds to challenge restitution." Hays appealed this ruling. The appeal was dismissed under Iowa Rule of Appellate Procedure 6.1202 for failure to comply with appellate deadlines.

         The IDOC filed a new restitution plan on February 24, 2014, stating Hays was responsible to pay costs of $38, 761.14, a surcharge of $125.00, and a charge designated only as "other" for $320.00, for a total of $39, 206.14. The ...


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