Iowa Supreme Court again confirms that any order regarding restitution is neither appealable nor enforceable until the court files its final order of restitution after a determination of the defendant’s reasonable ability to pay. Interim restitution orders are not enforceable, and collection efforts must await the district court’s determination of the defendant’s reasonable ability to pay all items of restitution and entry of the final order of restitution. Interim orders should state that no sums are due before then. A court cannot determine reasonable ability to pay until all restitution amounts are known.
Although restitution to victims, clerk of court for fines, penalties, and surcharges are required regardless of the offender’s reasonable ability to pay, a second category of restitution does require a determination of reasonable ability to pay, and includes crime victim compensation program reimbursement, restitution to public agencies pursuant to section 321J.2(13)(b)(emergency response by fire fighting, law enforcement, ambulance, medical, or other emergency services), court costs including correctional fees approved pursuant to 356.7, court appointed attorney fees ordered pursuant to 815.9 – including expense of a public defender, contribution to a local anti-crime organization, and restitution to the medical assistance program pursuant to chapter 249A.