§ 256.9866 — Community Service as a County Obligation
Plain-Language Summary
Courts can order community service as part of a welfare fraud sentence, but this does not reduce the total overpayment debt owed to the state. The full overpayment amount remains a debt that can be collected through civil or administrative means.
256.9866 COMMUNITY SERVICE AS A COUNTY OBLIGATION.
Community service shall be an acceptable sentencing option but shall not reduce the state or federal share of any amount to be repaid or any subsequent recovery. Any reduction or offset of any such amount ordered by a court shall be treated as follows:
(1) any reduction in an overpayment amount, to include the amount ordered as restitution, shall not reduce the underlying amount established as an overpayment by the state or county agency;
(2) total overpayments shall continue as a debt owed and may be recovered by any civil or administrative means otherwise available to the state or county agency; and
(3) any amount ordered to be offset against any overpayment shall be deducted from the county share only of any recovery and shall be based on the prevailing state minimum wage.
History:
1997 c 85 art 5 s 22; 2002 c 277 s 8
History: History: 1997 c 85 art 5 s 22; 2002 c 277 s 8