§ 663.44

663.44 Costs. 1. If the plaintiff is discharged, the costs shall be assessed to the defendant, unless the defendant is an officer holding the plaintiff in custody under a commitment, or under otherlegal process, in which case the costs shall be assessed to the county. If the plaintiff’sapplication is refused, the costs shall be assessed against the plaintiff, and, in the discretionof the court, against the person who filed the petition in the plaintiff’s behalf. 2. Notwithstanding subsection 1, if the plaintiff is confined in any state institution and is discharged in habeas corpus proceedings, or if the habeas corpus proceedings fail, andcosts and fees cannot be collected from the person liable to pay costs and fees, the costsand fees shall be paid by the county in which such state institution is located. The factsof such payment and the proceedings on which it is based, with a statement of the amountof fees or costs incurred, with approval in writing by the presiding judge appended to thestatement or endorsed on the statement, shall be certified by the clerk of the district courtunder the seal of office to the state executive council.

in writing by the presiding judge appended to thestatement or endorsed on the statement, shall be certified by the clerk of the district courtunder the seal of office to the state executive council. The executive council shall reviewthe proceedings and authorize reimbursement for all such fees and costs or such part of thefees and costs as the executive council finds justified, and shall notify the director of thedepartment of administrative services to draw a warrant to such county treasurer for theamount authorized. There is appropriated from moneys in the general fund not otherwiseappropriated an amount necessary to pay the reimbursement authorized by the executivecouncil. The costs and fees referred to above shall include any award of fees made to a courtappointed attorney representing an indigent party bringing the habeas corpus action. [C97, §4459; C24, 27, 31, 35, 39, §12511; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §663.44] 86 Acts, ch 1237, §40; 2003 Acts, ch 145, §286; 2011 Acts, ch 131, §39, 158Referred to in §8.59, 602.8102(114), 822.1Appropriation limited for fiscal years beginning July 1, 1993; see §8.59 Sat Dec 23 12:23:40 2023 Iowa Code 2024, Section

5, §286; 2011 Acts, ch 131, §39, 158Referred to in §8.59, 602.8102(114), 822.1Appropriation limited for fiscal years beginning July 1, 1993; see §8.59 Sat Dec 23 12:23:40 2023 Iowa Code 2024, Section 663.44 (17, 0)