reglab/statecodes huggingface dataset:
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 822 - POSTCONVICTION PROCEDURE › Section 822.5 - Payment of costs.

822.5 Payment of costs.
If the applicant is unable to pay court costs and stenographic and printing expenses, these costs and expenses shall be made available to the applicant in the trial court, and on review. Unless the applicant is confined in a state institution and is seeking relief under section 822.2, subsection 1, paragraphs “e” and “f”, the costs and expenses of legal representation shall also be made available to the applicant in the preparation of the application, in the trial court, and on review if the applicant is unable to pay. However, nothing in this section shall be interpreted to require payment of expenses of legal representation, including stenographic, printing, or other legal services or consultation, when the applicant is self-represented or is utilizing the services of an inmate.
[C71, 73, 75, 77, 79, 81, §663A.5; 82 Acts, ch 1108, §1]
91 Acts, ch 219, §18
C93, §822.5
98 Acts, ch 1016, §1, 3; 98 Acts, ch 1132, §1; 2006 Acts, ch 1010, §164
Referred to in §610A.1
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 822 - POSTCONVICTION PROCEDURE › Section 822.6 - Determination of relief.

822.6 Determination of relief.
1. Within thirty days after the docketing of the application, or within any further time the court may fix, the state shall respond by answer or by motion which may be supported by affidavits. At any time prior to entry of judgment the court may grant leave to withdraw the application. The court may make appropriate orders for amendment of the application or any pleading or motion, for pleading over, for filing further pleadings or motions, or for extending the time of the filing of any pleading. In considering the application the court shall take account of substance regardless of defects of form.
2. When a court is satisfied, on the basis of the application, the answer or motion, and the record, that the applicant is not entitled to postconviction relief and no purpose would be served by any further proceedings, the court may indicate to the parties its intention to dismiss the application and the reasons for dismissal. The applicant shall be given an opportunity to reply to the proposed dismissal. In light of the reply, or on default thereof, the court may order the application dismissed or grant leave to file an amended application or direct that the proceedings otherwise continue. Disposition on the pleadings and record is not proper if a material issue of fact exists.
3. The court may grant a motion by either party for summary disposition of the application, when it appears from the pleadings, depositions, answers to interrogatories, and admissions and agreements of fact, together with any affidavits submitted, that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law.
[C71, 73, 75, 77, 79, 81, §663A.6]
C93, §822.6
2018 Acts, ch 1041, §127; 2019 Acts, ch 24, §95; 2019 Acts, ch 45, §1; 2019 Acts, ch 140, §36
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 822 - POSTCONVICTION PROCEDURE › Section 822.6A - Underlying trial court record part of application.

822.6A Underlying trial court record part of application.
The underlying trial court record containing the conviction for which an applicant seeks postconviction relief, as well as the court file containing any previous application filed by the applicant relating to the same conviction, shall automatically become part of the record in a claim for postconviction relief under this chapter.
2019 Acts, ch 45, §2
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 822 - POSTCONVICTION PROCEDURE › Section 822.6B - Electronic access to trial court records.

822.6B Electronic access to trial court records.
1. Upon the filing of an application, the clerk of the district court shall make the underlying trial court record accessible to the applicant’s attorney, the county attorney, and the attorney general, without the necessity of a court order. If the underlying trial court record is not available in electronic format, the clerk of the district court shall convert the record to an electronic format and make the record available to the applicant’s attorney, the county attorney, and the attorney general, without the necessity of a court order.
2. Upon request by an attorney of record, the clerk of the district court shall make the court file containing any previous application filed by the applicant relating to the same conviction accessible to the applicant’s attorney, the county attorney, and the attorney general, without the necessity of a court order. If the court file containing any previous application is not available in an electronic format, the clerk of the district court shall convert the court file containing any previous application to an electronic format and make the court file containing any previous application available to the applicant’s attorney, the county attorney, and the attorney general, without the necessity of a court order.
2019 Acts, ch 45, §3
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 822 - POSTCONVICTION PROCEDURE › Section 822.6C - Associated costs.

822.6C Associated costs.
Costs shall not be charged to the applicant, the applicant’s attorney, the county attorney, or the attorney general for converting a court file to an electronic format or for otherwise providing access to a court file under this chapter.
2019 Acts, ch 45, §4
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 822 - POSTCONVICTION PROCEDURE › Section 822.7 - Court to hear application.

822.7 Court to hear application.
The application shall be heard in, and before any judge of the court in which the conviction or sentence took place. However, if the applicant is seeking relief under section 822.2, subsection 1, paragraph “f”, the application shall be heard in, and before any judge of the court of the county in which the applicant is being confined. A record of the proceedings shall be made and preserved. All rules and statutes applicable in civil proceedings including pretrial and discovery procedures are available to the parties. The court may receive proof of affidavits, depositions, oral testimony, or other evidence, and may order the applicant brought before it for the hearing. If the court finds in favor of the applicant, it shall enter an appropriate order with respect to the conviction or sentence in the former proceedings, and any supplementary orders as to rearraignment, retrial, custody, bail, discharge, correction of sentence, or other matters that may be necessary and proper. The court shall make specific findings of fact, and state expressly its conclusions of law, relating to each issue presented. This order is a final judgment.
[C71, 73, 75, 77, 79, 81, §663A.7; 81 Acts, ch 198, §3]
C93, §822.7
2006 Acts, ch 1010, §165
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 822 - POSTCONVICTION PROCEDURE › Section 822.8 - Grounds must be all-inclusive.

822.8 Grounds must be all-inclusive.
All grounds for relief available to an applicant under this chapter must be raised in the applicant’s original, supplemental or amended application. Any ground finally adjudicated or not raised, or knowingly, voluntarily, and intelligently waived in the proceeding that resulted in the conviction or sentence, or in any other proceeding the applicant has taken to secure relief, may not be the basis for a subsequent application, unless the court finds a ground for relief asserted which for sufficient reason was not asserted or was inadequately raised in the original, supplemental, or amended application.
[C71, 73, 75, 77, 79, 81, §663A.8]
C93, §822.8
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 822 - POSTCONVICTION PROCEDURE › Section 822.9 - Appeal.

822.9 Appeal.
An appeal from a final judgment entered under this chapter may be taken, perfected, and prosecuted either by the applicant or by the state in the manner and within the time after judgment as provided in the rules of appellate procedure for appeals from final judgments in criminal cases. However, if a party is seeking an appeal under section 822.2, subsection 1, paragraph “f”, the appeal shall be by writ of certiorari.
[C71, 73, 75, 77, 79, 81, §663A.9]
85 Acts, ch 157, §3; 90 Acts, ch 1043, §1; 92 Acts, ch 1212, §38
C93, §822.9
96 Acts, ch 1018, §1; 2006 Acts, ch 1010, §166
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 822 - POSTCONVICTION PROCEDURE › Section 822.10 - Rule of construction.

822.10 Rule of construction.
This chapter shall be so interpreted and construed as to effectuate its general purpose to make uniform the law of those states which enact it.
[C71, 73, 75, 77, 79, 81, §663A.10]
C93, §822.10
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 901 - JUDGMENT AND SENTENCING PROCEDURES › Section 901.1 - Short title.

901.1 Short title.
Chapters 901 through 909 shall be known and may be cited as the “Iowa Corrections Code”.
[C79, 81, §901.1]
94 Acts, ch 1023, §71; 2021 Acts, ch 80, §375
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 901 - JUDGMENT AND SENTENCING PROCEDURES › Section 901.2 - Presentence investigation.

901.2 Presentence investigation.
1. Upon a plea of guilty, a verdict of guilty, or a special verdict upon which a judgment of conviction of a public offense may be rendered, the court shall receive from the state, from the judicial district department of correctional services, and from the defendant any information which may be offered which is relevant to the question of sentencing. The court may consider information from other sources.
2. a. The court shall not order a presentence investigation when the offense is a class “A” felony. If, however, the board of parole determines that the Iowa medical and classification center reception report for a class “A” felon is inadequate, the board may request and shall be provided with additional information from the appropriate judicial district department of correctional services.
b. The court shall order a presentence investigation when the offense is any felony punishable under section 902.9, subsection 1, paragraph “a”, or a class “B”, class “C”, or class “D” felony. A presentence investigation for any felony punishable under section 902.9, subsection 1, paragraph “a”, or a class “B”, class “C”, or class “D” felony shall not be waived. The court may order, with the consent of the defendant, that the presentence investigation begin prior to the acceptance of a plea of guilty, or prior to a verdict of guilty.
c. The court may order a presentence investigation when the offense is an aggravated misdemeanor.
d. The court may order a presentence investigation when the offense is a serious misdemeanor only upon a finding of exceptional circumstances warranting an investigation. Notwithstanding section 901.3, a presentence investigation ordered by the court for a serious misdemeanor shall include information concerning only the following:
(1) A brief personal and social history of the defendant.
(2) The defendant’s criminal record.
(3) The harm to the victim, the victim’s immediate family, and the community, including any completed victim impact statement or statements and restitution plan.
3. The court may withhold execution of any judgment or sentence for such time as shall be reasonably necessary for an investigation with respect to deferment of judgment, deferment of sentence, or suspension of sentence and probation. The investigation shall be made by the judicial district department of correctional services.
4. The purpose of the report by the judicial district department of correctional services is to provide the court pertinent information for purposes of sentencing and to include suggestions for correctional planning for use by correctional authorities subsequent to sentencing.
[S13, §5447-a; C24, 27, 31, 35, 39, §3800; C46, 50, 54, 58, 62, 66, 71, 73, §247.20; C75, 77, §789A.3; C79, 81, §901.2]
83 Acts, ch 38, §2; 84 Acts, ch 1126, §1; 89 Acts, ch 156, §2; 90 Acts, ch 1251, §62; 94 Acts, ch 1099, §1; 99 Acts, ch 12, §12; 2000 Acts, ch 1122, §2; 2013 Acts, ch 30, §257; 2013 Acts, ch 90, §240
Referred to in §903B.10, 907.3A
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 901 - JUDGMENT AND SENTENCING PROCEDURES › Section 901.3 - Presentence investigation report.

901.3 Presentence investigation report.
1. If a presentence investigation is ordered by the court, the investigator shall promptly inquire into all of the following:
a. The defendant’s characteristics, family and financial circumstances, needs, and potentialities.
b. The defendant’s criminal record and social history.
c. The circumstances of the offense.
d. The time the defendant has been in detention.
e. The harm to the victim, the victim’s immediate family, and the community. Additionally, the presentence investigator shall provide a victim impact statement form to each victim, if one has not already been provided, and shall file the completed statement or statements with the presentence investigation report.
f. The defendant’s potential as a candidate for the community service sentence program established pursuant to section 907.13.
g. Any mitigating circumstances relating to the offense and the defendant’s potential as a candidate for deferred judgment, deferred sentencing, a suspended sentence, or probation, if the defendant is charged with or convicted of assisting suicide pursuant to section 707A.2.
h. Whether the defendant has a history of mental health or substance abuse problems. If so, the investigator shall inquire into the treatment options available in both the community of the defendant and the correctional system.
2. All local and state mental and correctional institutions, courts, and police agencies shall furnish to the investigator on request the defendant’s criminal record and other relevant information. The originating source of specific mental health or substance abuse information including the histories, treatment, and use of medications shall not be released to the presentence investigator unless the defendant authorizes the release of such information. If the defendant refuses to release the information, the presentence investigator may note the defendant’s refusal to release mental health or substance abuse information in the presentence investigation report and rely upon other mental health or substance abuse information available to the presentence investigator. With the approval of the court, a physical examination or psychiatric evaluation of the defendant may be ordered, or the defendant may be committed to an inpatient or outpatient psychiatric facility for an evaluation of the defendant’s personality and mental health. The results of any such examination or evaluation shall be included in the report of the investigator.
[C75, 77, §789A.4; C79, 81, §901.3; 82 Acts, ch 1069, §1]
86 Acts, ch 1178, §2; 90 Acts, ch 1251, §63; 91 Acts, ch 219, §23; 96 Acts, ch 1002, §4; 2011 Acts, ch 7, §1 – 3; 2013 Acts, ch 30, §222
Referred to in §901.2
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 901 - JUDGMENT AND SENTENCING PROCEDURES › Section 901.4 - Presentence investigation report confidential — access.

901.4 Presentence investigation report confidential — access.
The presentence investigation report is confidential and the court shall provide safeguards to ensure its confidentiality, including but not limited to sealing the report, which may be opened only by further court order. The defendant’s attorney and the attorney for the state shall have access to the presentence investigation report at least three days prior to the date set for sentencing. The defendant’s appellate attorney and the appellate attorney for the state shall have access to the presentence investigation report upon request and without the necessity of a court order. The report shall remain confidential except upon court order. However, the court may conceal the identity of the person who provided confidential information. The report of a medical examination or psychological or psychiatric evaluation shall be made available to the attorney for the state and to the defendant upon request. The reports are part of the record but shall be sealed and opened only on order of the court. If the defendant is committed to the custody of the Iowa department of corrections and is not a class “A” felon, an employee of the department, if authorized by the director of the department, an employee of a judicial district department of correctional services, if authorized by the director of the judicial district department of correctional services, and an employee of the board of parole, if authorized by the chairperson or a member of the board of parole, shall have access to the presentence investigation report. Pursuant to section 904.602, the presentence investigation report may also be released by ordinary or electronic mail by the department of corrections or a judicial district department of correctional services to another jurisdiction for the purpose of providing interstate probation and parole compact or interstate compact for adult offender supervision services or evaluations, or to a substance abuse or mental health services provider when referring a defendant for services. The defendant or the defendant’s attorney may file with the presentence investigation report, a denial or refutation of the allegations, or both, contained in the report. The denial or refutation shall be included in the report.
[C75, 77, §789A.5; C79, 81, §901.4]
83 Acts, ch 38, §3; 83 Acts, ch 96, §124, 159, 160; 89 Acts, ch 279, §7; 98 Acts, ch 1095, §1; 98 Acts, ch 1169, §17; 99 Acts, ch 112, §20
; 2003 Acts, 1st Ex, ch 2, §50, 209
; 2004 Acts, ch 1101, §92; 2004 Acts, ch 1106, §1; 2004 Acts, ch 1175, §465, 468; 2005 Acts, ch 171, §6; 2006 Acts, ch 1007, §1; 2010 Acts, ch 1159, §16; 2021 Acts, ch 11, §5
Referred to in §216A.136
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 901 - JUDGMENT AND SENTENCING PROCEDURES › Section 901.4A - Substance abuse evaluation.

901.4A Substance abuse evaluation.
Upon a plea of guilty, a verdict of guilty, or a special verdict upon which a judgment of conviction may be rendered, the court may order the defendant to submit to and complete a substance abuse evaluation, if the court determines that there is reason to believe that the defendant regularly abuses alcohol or other controlled substances and may be in need of treatment. An order made pursuant to this section may be made in addition to any other sentence or order of the court.
90 Acts, ch 1251, §64
Referred to in §901.5
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 901 - JUDGMENT AND SENTENCING PROCEDURES › Section 901.4B - Presentence determinations and statements.

901.4B Presentence determinations and statements.
1. Before imposing sentence, the court shall do all of the following:
a. Verify that the defendant and the defendant’s attorney have read and discussed the presentence investigation report and any addendum to the report.
b. Provide the defendant’s attorney an opportunity to speak on the defendant’s behalf.
c. Address the defendant personally in order to permit the defendant to make a statement or present any information to mitigate the defendant’s sentence.
d. Provide the prosecuting attorney an opportunity to speak.
2. After hearing any statements presented pursuant to subsection 1, and before imposing sentence, the court shall address any victim of the crime who is present at the sentencing and shall allow any victim to be reasonably heard, including but not limited to by presenting a victim impact statement in the manner described in section 915.21.
3. For purposes of this section, “victim” means the same as defined in section 915.10.
2019 Acts, ch 140, §37
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 901 - JUDGMENT AND SENTENCING PROCEDURES › Section 901.5A - Reopening of a sentence.

901.5A Reopening of a sentence.
1. A defendant sentenced by the court to the custody of the director of the department of corrections for an offense punishable under section 902.9, subsection 1, paragraph “a”, may have the judgment and sentence entered under section 901.5 reopened for resentencing if the following apply:
a. The county attorney from the county which prosecuted the defendant files a motion to reopen the sentence of the defendant based upon the defendant’s cooperation in the prosecution of other persons.
b. The court finds the defendant cooperated in the prosecution of other persons.
2. Upon a finding by the court that the defendant cooperated in the prosecution of other persons, the court may reduce the maximum sentence imposed under the original sentencing order.
3. For purposes of calculating earned time under section 903A.2, the sentencing date for a defendant whose sentence has been reopened under this section shall be the date of the original sentencing order.
4. The filing of a motion or the reopening of a sentence under this section shall not constitute grounds to stay any other court proceedings, or to toll or restart the time for filing of any post-trial motion or any appeal.
5. The defendant may request appointment of counsel, if eligible under section 815.10, prior to and during any negotiations and proceedings pursuant to this section.
99 Acts, ch 12, §13; 2000 Acts, ch 1173, §3, 10; 2013 Acts, ch 30, §258
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 901 - JUDGMENT AND SENTENCING PROCEDURES › Section 901.5B - Pronouncement of judgment and sentence — social security number.

901.5B Pronouncement of judgment and sentence — social security number.
1. Prior to pronouncement of judgment and sentence pursuant to section 901.5, or prior to pleading guilty for an offense that does not require a court appearance, the defendant shall provide the defendant’s social security number to the clerk of the district court or the court.
2. The clerk of the district court shall duly note the social security number in the case file.
3. The defendant’s social security number shall be considered a confidential record exempted from public access under section 22.7, but shall be disclosed by the clerk of the district court for the limited purpose of collecting court debt pursuant to section 602.8107.
4. Failure or refusal to provide a social security number pursuant to this section shall not delay the pronouncement of judgment and sentence pursuant to section 901.5.
2008 Acts, ch 1172, §26
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 901 - JUDGMENT AND SENTENCING PROCEDURES › Section 901.6 - Judgment entered.

901.6 Judgment entered.
If judgment is not deferred, and no sufficient cause is shown why judgment should not be pronounced and none appears to the court upon the record, judgment shall be pronounced and entered. In every case in which judgment is entered, the court shall include in the judgment entry the number of the particular section of the Code and the name of the offense under which the defendant is sentenced and a statement of the days credited pursuant to section 903A.5 shall be incorporated into the sentence.
[C51, §3066; R60, §4873, 4874; C73, §4506, 4507; C97, §5438; C24, §13958; C27, 31, 35, §13958-a1; C39, §13958.2; C46, 50, 54, 58, 62, 66, §789.11; C71, 73, 75, 77, §789.11, 791.8; C79, 81, §901.6]
83 Acts, ch 38, §4; 83 Acts, ch 147, §11, 14
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 901 - JUDGMENT AND SENTENCING PROCEDURES › Section 901.7 - Commitment to custody.

901.7 Commitment to custody.
In imposing a sentence of confinement for more than one year, the court shall commit the defendant to the custody of the director of the Iowa department of corrections. Upon entry of judgment and sentence, the clerk of the district court immediately shall notify the director of the commitment. The court shall make an order as appropriate for the temporary custody of the defendant pending the defendant’s transfer to the custody of the director. The court shall order the county where a person was convicted to pay the cost of temporarily confining the person and of transporting the person to the state institution where the person is to be confined in execution of the judgment. The order shall require that a person transported to a state institution pursuant to this section shall be accompanied by a person of the same sex.
[C79, 81, §901.7]
83 Acts, ch 96, §125, 159; 85 Acts, ch 21, §49
Referred to in §602.8102(134), 904.503
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 901 - JUDGMENT AND SENTENCING PROCEDURES › Section 901.8 - Consecutive sentences.

901.8 Consecutive sentences.
If a person is sentenced for two or more separate offenses, the sentencing judge may order the second or further sentence to begin at the expiration of the first or succeeding sentence. If a person is sentenced for escape under section 719.4 or for a crime committed while confined in a detention facility or penal institution, the sentencing judge shall order the sentence to begin at the expiration of any existing sentence. If the person is presently in the custody of the director of the Iowa department of corrections, the sentence shall be served at the facility or institution in which the person is already confined unless the person is transferred by the director. Except as otherwise provided in section 903A.7, if consecutive sentences are specified in the order of commitment, the several terms shall be construed as one continuous term of imprisonment.
[S13, §5718-a13; C24, 27, 31, 35, 39, §13961; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §789.14; C79, 81, §901.8]
83 Acts, ch 96, §126, 159; 97 Acts, ch 131, §1, 4
Referred to in §903.4
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 901 - JUDGMENT AND SENTENCING PROCEDURES › Section 901.9 - Information for parole board.

901.9 Information for parole board.
At the time of committing a defendant to the custody of the director of the Iowa department of corrections for incarceration, the trial judge and prosecuting attorney shall, and the defense attorney may, furnish the board of parole with a full statement of their recommendations relating to release or parole.
83 Acts, ch 38, §1; 83 Acts, ch 96, §160
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 901 - JUDGMENT AND SENTENCING PROCEDURES › Section 901.10 - Reduction of sentences.

901.10 Reduction of sentences.
1. A court sentencing a person for the person’s first conviction under section 124.406, 124.413, or 902.7 may, at its discretion, sentence the person to a term less than provided by the statute if mitigating circumstances exist and those circumstances are stated specifically in the record.
2. Notwithstanding subsection 1, if the sentence under section 124.413 involves an amphetamine or methamphetamine offense under section 124.401, subsection 1, paragraph “a” or “b”, the court shall not grant any reduction of sentence unless the defendant pleads guilty. If the defendant pleads guilty, the court may, at its discretion, reduce the mandatory minimum sentence by up to one-third. If the defendant additionally cooperates in the prosecution of other persons involved in the sale or use of controlled substances, and if the prosecutor requests an additional reduction in the defendant’s sentence because of such cooperation, the court may grant a further reduction in the defendant’s mandatory minimum sentence, up to one-half of the remaining mandatory minimum sentence.
3. A court sentencing a person for the person’s first conviction under section 124.401D may, at its discretion, sentence the person to a term less than the maximum term provided under section 902.9, subsection 1, paragraph “a”, if mitigating circumstances exist and those circumstances are stated specifically in the record. However, the court shall not grant any reduction of sentence unless the defendant pleads guilty. If the defendant pleads guilty, the court may, at its discretion, reduce the maximum sentence by up to one-third. If the defendant cooperates in the prosecution of other persons involved in the sale or use of controlled substances, and if the prosecutor requests an additional reduction in the defendant’s sentence because of such cooperation, the court may grant a further reduction in the defendant’s maximum sentence.
4. The state may appeal the discretionary decision on the grounds that the stated mitigating circumstances do not warrant a reduction of the sentence.
85 Acts, ch 41, §1; 98 Acts, ch 1138, §28; 99 Acts, ch 12, §14; 2000 Acts, ch 1144, §5; 2013 Acts, ch 30, §259
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 901 - JUDGMENT AND SENTENCING PROCEDURES › Section 901.11 - Parole or work release eligibility determination — certain offenses.

901.11 Parole or work release eligibility determination — certain offenses.
1. At the time of sentencing, the court shall determine when a person convicted under section 124.401, subsection 1, paragraph “b”, shall first become eligible for parole or work release within the parameters described in section 124.413, subsection 3, based upon all the pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons.
2. At the time of sentencing, the court shall determine when a person convicted of child endangerment as described in section 902.12, subsection 2, shall first become eligible for parole or work release within the parameters specified in section 902.12, subsection 2, based upon all pertinent information including the person’s criminal record, a validated risk assessment, and whether the offense involved multiple intentional acts or a series of intentional acts, or whether the offense involved torture or cruelty.
3. At the time of sentencing, the court shall determine when a person convicted of robbery in the first degree as described in section 902.12, subsection 3, shall first become eligible for parole or work release within the parameters specified in section 902.12, subsection 3, based upon all pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons.
4. At the time of sentencing, the court shall determine when a person convicted of robbery in the second degree as described in section 902.12, subsection 4, shall first become eligible for parole or work release within the parameters specified in section 902.12, subsection 4, based upon all pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons.
5. At the time of sentencing, the court shall determine when a person convicted of arson in the first degree as described in section 902.12, subsection 5, shall first become eligible for parole or work release within the parameters specified in section 902.12, subsection 5, based upon all pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons.
2016 Acts, ch 1104, §6; 2017 Acts, ch 122, §13; 2019 Acts, ch 140, §6, 38; 2020 Acts, ch 1063, §381
Referred to in §124.413, 902.12
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 901 - JUDGMENT AND SENTENCING PROCEDURES › Section 901.12 - Minimum sentence — parole or work release eligibility — certain drug offenses.

901.12 Minimum sentence — parole or work release eligibility — certain drug offenses.
1. Effective July 1, 2016, and notwithstanding section 124.413, a person whose sentence commenced prior to July 1, 2016, for a conviction under section 124.401, subsection 1, paragraph “b”, who has not previously been convicted of a forcible felony, and who does not have a prior conviction under section 124.401, subsection 1, paragraph “a”, “b”, or “c”, shall first be eligible for parole or work release after the person has served one-half of the minimum term of confinement prescribed in section 124.413.
2. Effective July 1, 2017, a person whose sentence commenced prior to July 1, 2017, for a conviction under section 124.401, subsection 1, paragraph “c”, shall not be required to serve a minimum term of confinement as prescribed in section 124.413.
3. When the board of parole considers a person for parole or work release pursuant to this section, the board shall consider all pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons.
2016 Acts, ch 1104, §7; 2017 Acts, ch 122, §14, 15
Referred to in §124.413
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 901A - SEXUALLY PREDATORY OFFENSES › Section 901A.1 - Definitions.

901A.1 Definitions.
1. As used in this chapter, the term “sexually predatory offense” means any serious or aggravated misdemeanor or felony which constitutes:
a. A violation of any provision of chapter 709.
b. Sexual exploitation of a minor in violation of section 728.12, subsection 1.
c. Enticing a minor in violation of section 710.10, subsection 1.
d. Pandering involving a minor in violation of section 725.3, subsection 2.
e. Any offense involving an attempt to commit an offense contained in this section.
f. An offense under prior law of this state or an offense committed in another jurisdiction which would constitute an equivalent offense under paragraphs “a” through “e”.
2. As used in this chapter, the term “prior conviction” includes a plea of guilty, deferred judgment, deferred or suspended sentence, or adjudication of delinquency, regardless of whether a prior conviction occurred before, on, or after March 31, 2000.
3. As used in this chapter, the term “sexually violent offense” means the same as defined in section 229A.2.
96 Acts, ch 1082, §3; 97 Acts, ch 23, §79; 2000 Acts, ch 1030, §1, 2, 4; 2001 Acts, ch 17, §5; 2002 Acts, ch 1139, §23, 27; 2010 Acts, ch 1193, §68, 78
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 901C - EXPUNGEMENT OF CRIMINAL RECORDS › Section 901C.1 - Definition.

901C.1 Definition.
As used in this chapter, unless the context otherwise requires, “expunge” and “expungement” mean the same as expunged in section 907.1.
2016 Acts, ch 1073, §184, 188
Former §901C.1 transferred to §901C.2;
2016 Acts, ch 1073, §188
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 901C - EXPUNGEMENT OF CRIMINAL RECORDS › Section 901C.2 - Not-guilty verdicts and criminal-charge dismissals — expungement.

901C.2 Not-guilty verdicts and criminal-charge dismissals — expungement.
1. a. Except as provided in paragraph “b”, upon application of a defendant or a prosecutor in a criminal case, or upon the court’s own motion in a criminal case, the court shall enter an order expunging the record of such criminal case if the court finds that the defendant has established that all of the following have occurred, as applicable:
(1) The criminal case contains one or more criminal charges in which an acquittal was entered for all criminal charges, or in which all criminal charges were otherwise dismissed.
(2) All court costs, fees, and other financial obligations ordered by the court or assessed by the clerk of the district court have been paid.
(3) A minimum of one hundred eighty days have passed since entry of the judgment of acquittal or of the order dismissing the case relating to all criminal charges, unless the court finds good cause to waive this requirement for reasons including but not limited to the fact that the defendant was the victim of identity theft or mistaken identity.
(4) The case was not dismissed due to the defendant being found not guilty by reason of insanity.
(5) The defendant was not found incompetent to stand trial in the case.
b. The court shall not enter an order expunging the record of a criminal case under paragraph “a” unless all the parties in the case have had time to object on the grounds that one or more of the relevant conditions in paragraph “a” have not been established.
2. The record in a criminal case expunged under this section is a confidential record exempt from public access under section 22.7 but shall be made available by the clerk of the district court, upon request and without court order, to the defendant or to an agency or person granted access to the deferred judgment docket under section 907.4, subsection 2.
3. This section does not apply to dismissals related to a deferred judgment under section 907.9.
4. This section applies to all public offenses, as defined under section 692.1.
5. The court shall advise the defendant of the provisions of this section upon either the acquittal or the dismissal of all criminal charges in a case.
6. The supreme court may prescribe rules governing the procedures applicable to the expungement of the record of a criminal case under this section.
7. This section shall apply to all relevant criminal cases that occurred prior to, on, or after January 1, 2016.
2015 Acts, ch 83, §1, 2
C2016, §901C.1
2016 Acts, ch 1073, §182, 183, 188
C2017, §901C.2
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 901D - SOBRIETY AND DRUG MONITORING PROGRAM › Section 901D.2 - Definitions.

901D.2 Definitions.
As used in this chapter, unless the context otherwise requires:
1. “Alcohol” means an alcoholic beverage as defined in section 321J.1.
2. “Controlled substance” means as defined in section 124.101.
3. “Department” means the department of public safety.
4. “Eligible offense” means a criminal offense in which the abuse of alcohol or a controlled substance was a contributing factor in the commission of the offense, as determined by the court or governmental entity of the participating jurisdiction. For the purposes of operating while intoxicated offenses committed in violation of section 321J.2, “eligible offense” includes only the following offenses:
a. A first offense in which the person’s alcohol concentration exceeded .15.
b. A first offense in which an accident resulting in personal injury or property damage occurred.
c. A first offense in which the person refused to submit to a chemical test requested pursuant to section 321J.6.
d. A second or subsequent offense.
5. “Immediate sanction” means a sanction that is applied within minutes of a failed test result.
6. “Law enforcement agency” means a law enforcement agency charged with enforcement of the program created under this chapter.
7. “Participating jurisdiction” means a county or other governmental entity that chooses to participate in the program created under this chapter.
8. “Sobriety and drug monitoring program” or “program” means the program established pursuant to section 901D.3.
9. “Testing” means a procedure or set of procedures performed to determine the presence of alcohol or a controlled substance in a person’s breath or bodily fluid, including blood, urine, saliva, and perspiration, and includes any combination of breath testing, drug patch testing, urine analysis testing, saliva testing, and continuous or transdermal alcohol monitoring. Subject to section 901D.3, the department may approve additional testing methodologies or the testing of alternative bodily fluids.
10. “Timely sanction” means a sanction that is applied within hours or days after a failed test result. A timely sanction shall be applied as soon as possible, but the period between the failed test result and the application of the timely sanction shall not exceed five days.
2017 Acts, ch 76, §4
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 901D - SOBRIETY AND DRUG MONITORING PROGRAM › Section 901D.4 - Rulemaking — fees.

901D.4 Rulemaking — fees.
The department shall adopt rules pursuant to chapter 17A to administer this chapter, including but not limited to rules regarding any of the following:
1. Providing for the nature and manner of testing, including the procedures and apparatus to be used for testing.
2. Establishing reasonable participant, enrollment, and testing fees for the program, including fees to pay the costs of installation, monitoring, and deactivation of any testing device. The fees shall be set at an amount such that the fees collected in a participating jurisdiction are sufficient to pay for the costs of the program in the participating jurisdiction, including all costs to the state associated with the program in the participating jurisdiction.
3. Providing for the application, acceptance, and use of public and private grants, gifts, and donations to support program activities.
4. Establishing a process for the identification and management of indigent participants.
5. Providing for the creation and administration of a stakeholder group to review and recommend changes to the program.
6. Establishing a process for the submission and approval of applications from jurisdictions to participate in the program.
2017 Acts, ch 76, §6
Referred to in §901D.6, 901D.8
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 901D - SOBRIETY AND DRUG MONITORING PROGRAM › Section 901D.5 - Data management system.

901D.5 Data management system.
1. The department shall provide for and approve the use of a program data management system that shall be used by the department and all participating jurisdictions to manage testing, test events, test results, data access, fees, the collection of fee payments, and the submission and collection of any required reports.
2. The data management system shall include but is not limited to all of the following features:
a. A secure, remotely hosted, demonstrated, internet-based management application that allows multiple concurrent users to access and input information.
b. The support of breath testing, continuous remote transdermal alcohol monitoring, drug patch testing, and urine analysis testing.
c. The capability to track and store events including but not limited to participant enrollment, testing activity, accounting activity, and participating law enforcement agency activity.
d. The capability to generate reports of system fields and data. The data management system shall allow reports to be generated as needed and on a scheduled basis, and shall allow reports to be exported over a network connection or by remote printing.
e. The ability to identify program participants who have previously been enrolled in a similar program in this state or another state.
3. Unless otherwise required by federal law, all alcohol or controlled substance testing performed as a condition of bond, pretrial release, sentence, probation, or parole shall utilize and input results to the data management system.
4. The data management system shall contain sufficient security protocols to protect participants’ personal information from unauthorized use.
2017 Acts, ch 76, §7; 2020 Acts, ch 1059, §6
Referred to in §901D.7
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 901D - SOBRIETY AND DRUG MONITORING PROGRAM › Section 901D.6 - Authority to order program participation.

901D.6 Authority to order program participation.
1. A court or governmental entity, or an authorized officer thereof, in a participating jurisdiction may utilize the program as provided in this section. The program shall be a preferred program for offenders charged with or convicted of an eligible offense.
2. A court may condition any bond or pretrial release otherwise authorized by law for a person charged with an eligible offense upon participation in the program and payment of the fees established pursuant to section 901D.4.
3. A court may condition a suspended sentence or probation otherwise authorized by law for a person convicted of an eligible offense upon participation in the program and payment of the fees established pursuant to section 901D.4.
4. The board of parole, the department of corrections, or a parole officer may condition parole otherwise authorized by law for a person convicted of an eligible offense upon participation in the program and payment of the fees established pursuant to section 901D.4.
2017 Acts, ch 76, §8
Referred to in §901D.7
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 901D - SOBRIETY AND DRUG MONITORING PROGRAM › Section 901D.8 - Collection, distribution, and use of fees.

901D.8 Collection, distribution, and use of fees.
1. The law enforcement agency of a participating jurisdiction shall do all of the following:
a. Establish and maintain a sobriety program account.
b. Collect the participant, enrollment, and testing fees established pursuant to section 901D.4 and deposit the fees and any other funds received for the program into the sobriety program account for administration of the program.
2. A participant shall pay all fees directly to the law enforcement agency of the participating jurisdiction.
3. a. The law enforcement agency shall distribute a portion of the fees to any participating third-party designee in accordance with the agreement between the agency and the third-party designee.
b. The remainder of the fees collected shall be deposited in the sobriety program account, and shall be used only for the purposes of administering and operating the program.
2017 Acts, ch 76, §10
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 901D - SOBRIETY AND DRUG MONITORING PROGRAM › Section 901D.9 - Noncompliance.

901D.9 Noncompliance.
An allegation that a participant failed a test, refused to submit to a test, or failed to appear for testing shall be communicated ex parte by the participating jurisdiction, a law enforcement agency of the participating jurisdiction, or the participating jurisdiction’s third-party designee to a magistrate as soon as practicable. A magistrate who receives such a communication may order the participant’s immediate incarceration pending a hearing on the allegation but lasting no longer than twenty-four hours after the issuance of the order, or if the participant failed to appear for testing as scheduled, the magistrate may issue a warrant for the arrest of the participant for a violation of the terms of bond, pretrial release, sentence, probation, or parole, as applicable.
2017 Acts, ch 76, §11; 2020 Acts, ch 1059, §8
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 901D - SOBRIETY AND DRUG MONITORING PROGRAM › Section 901D.10 - Report and repeal.

901D.10 Report and repeal.
1. The department, in consultation with the judicial branch, shall by December 1, 2023, submit a report to the general assembly detailing the effectiveness of the program established pursuant to this chapter and shall make recommendations concerning the continued implementation of the program or the elimination of the program.
2. This chapter is repealed July 1, 2024.
2017 Acts, ch 76, §12; 2019 Acts, ch 66, §3; 2020 Acts, ch 1059, §9
2023 Iowa Code › Title XVI - CRIMINAL LAW AND PROCEDURE › Chapter 902 - FELONIES › Section 902.2 - Commutation procedure for class “A” felons.

902.2 Commutation procedure for class “A” felons.
A person who has been sentenced to life imprisonment under section 902.1 may, no more frequently than once every ten years, make an application to the governor requesting that the person’s sentence be commuted to a term of years. The director of the Iowa department of corrections may make a request to the governor that a person’s sentence be commuted to a term of years at any time. Upon receipt of a request for commutation, the governor shall send a copy of the request to the Iowa board of parole for investigation and recommendations as to whether the person should be considered for commutation. The board shall conduct an interview of the class “A” felon and shall make a report of its findings and recommendations to the governor.
[S13, §5718-a18; C24, 27, 31, 35, 39, §3786; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §247.5; C79, 81, §902.2]
95 Acts, ch 128, §1
Referred to in §903A.2, 914.2, 914.3