Title XVI, CRIMINAL LAW AND PROCEDURE (Ch. 687 - 916)

When the punishment of the crime shall be the confinement of the criminal in the penitentiary, the expenses shall be paid by the department of corrections; and in all other cases they shall be paid out of the county treasury in the county wherein the crime is alleged to have been…

1. Any person arrested in this state charged with having committed any crime in another state or alleged to have escaped from confinement, or broken the terms of bail, probation or parole may waive the issuance and service of the warrant provided for in sections 820.7 and 820.8 a…

Nothing in this chapter contained shall be deemed to constitute a waiver by this state of its right, power or privilege to try such demanded person for crime committed within this state, or of its right, power or privilege to regain custody of such person by extradition proceedin…

After a person has been brought back to this state by, or after waiver of extradition proceedings, the person may be tried in this state for other crimes which the person may be charged with having committed here as well as that specified in the requisition for the person’s extra…

The provisions of this chapter shall be so interpreted and construed as to effectuate its general purposes to make uniform the law of those states which enact it. [C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.28; C79, 81, §820.28 ]

This chapter may be cited as the “Uniform Criminal Extradition Act” . [C50, 54, 58, 62, 66, 71, 73, 75, 77, §759.29; C79, 81, §820.29 ]

No demand for the extradition of a person charged with crime in another state shall be recognized by the governor unless in writing alleging, except in cases arising under section 820.6 , that the accused was present in the demanding state at the time of the commission of the all…

When a demand shall be made upon the governor of this state by the executive authority of another state for the surrender of a person so charged with crime, the governor may call upon the attorney general or any prosecuting officer in this state to investigate or assist in invest…

1. When it is desired to have returned to this state a person charged in this state with a crime, and such person is imprisoned or is held under criminal proceedings then pending against the person in another state, the governor of this state may agree with the executive authorit…

The governor of this state may also surrender, on demand of the executive authority of any other state, any person in this state charged in such other state in the manner provided in section 820.3 with committing an act in this state, or in a third state, intentionally resulting …

If the governor decides that the demand should be complied with, the governor shall sign a warrant of arrest, which shall be sealed with the state seal, and be directed to any peace officer or other person whom the governor may think fit to entrust with the execution thereof. The…

Such warrant shall authorize the peace officer or other person to whom directed to arrest the accused at any time and any place where the accused may be found within the state and to command the aid of all peace officers or other persons in the execution of the warrant, and to de…

Every such peace officer or other person empowered to make the arrest, shall have the same authority, in arresting the accused, to command assistance therein, as peace officers have by law in the execution of any criminal process directed to them, with like penalties against thos…

The agreement on detainers is hereby enacted into law and entered into by this state with all other jurisdictions legally joining therein in the form substantially as follows and the contracting states solemnly agree that: 1. Article I. The party states find that charges outstand…

The phrase “appropriate court” as used in the agreement on detainers shall, with reference to the courts of this state, mean any court with criminal jurisdiction in the matter involved. [C66, 71, 73, 75, 77, §759A.2; C79, 81, §821.2 ]

All courts, departments, agencies, officers, and employees of this state and its political subdivisions are hereby directed to enforce the agreement on detainers and to cooperate with one another and with other party states in enforcing the agreement and effectuating its purpose.…

Nothing in this chapter or in the agreement on detainers shall be construed to require the application of section 902.8 to any person on account of any conviction had in a proceeding brought to final disposition by reason of the use of this agreement. [C66, 71, 73, 75, 77, §759A.…

Escape from custody while in another state, pursuant to this agreement on detainers shall constitute an offense against the laws of this state to the same extent and degree as an escape from the institution in which the prisoner was confined immediately prior to having been sent …

It shall be lawful and mandatory upon the warden or other official in charge of a penal or correctional institution in this state to give over the person of any inmate thereof whenever so required by the operation of the agreement on detainers. [C66, 71, 73, 75, 77, §759A.6; C79,…

Pursuant to the agreement on detainers, the governor is hereby authorized to designate an officer or alternate who shall be the central administrator of and information agent for the agreement on detainers and who, acting jointly with like officers of other party states, shall ha…

Copies of this chapter shall, upon its approval, be transmitted to the governor of each state, the attorney general, and the administrator of general services of the United States, and the council of state governments. [C66, 71, 73, 75, 77, §759A.8; C79, 81, §821.8 ]

The provisions of sections 663.1 through 663.44 , inclusive, shall not apply to persons convicted of, or sentenced for, a public offense. [C71, 73, 75, 77, 79, 81, §663A.1 ] C93, §822.1

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

This chapter may be cited as the “Uniform Postconviction Procedure Act” . [C71, 73, 75, 77, 79, 81, §663A.11 ] C93, §822.11

1. Any person who has been convicted of, or sentenced for, a public offense and who claims any of the following may institute, without paying a filing fee, a proceeding under this chapter to secure relief: a. The conviction or sentence was in violation of the Constitution of the …

A proceeding is commenced by filing an application verified by the applicant with the clerk of the district 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 …

1. Except as otherwise provided in subsection 3 , an applicant seeking relief under section 822.2 who is currently represented by counsel shall not file any pro se document, including an application, brief, reply brief, or motion, in any Iowa court. The court shall not consider, …

The application shall identify the proceedings in which the applicant was convicted, give the date of the entry of the judgment of conviction or sentence complained of, specifically set forth the grounds upon which the application is based, and clearly state the relief desired. F…

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 8…

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 applic…

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…

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 i…

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

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 cour…

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 i…

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…

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

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…

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 perti…

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 pri…

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 informat…

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. …

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 sha…

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 use disorder evaluation, if the court determines that there is reason to believe that the …

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…

After receiving and examining all pertinent information, including the presentence investigation report and victim impact statements, if any, the court shall consider the following sentencing options. The court shall determine which of them is authorized by law for the offense, a…