804.21 Initial appearance before magistrate — arrest by warrant — release — bond schedule. 1. A person arrested in obedience to a warrant shall be taken without unnecessary delay before the nearest or most accessible magistrate. The officer shall at the same time deliverto the magistrate the warrant with the officer’s return endorsed on it and subscribed by theofficer with the officer’s official title. However, this section, and sections 804.22 and 804.23,do not preclude the release of an arrested person within the period of time the person wouldotherwise remain incarcerated while waiting to be taken before a magistrate if the releaseis pursuant to pretrial release guidelines or a bond schedule promulgated by the judicialcouncil, unless the person is charged with manufacture, delivery, possession with intent tomanufacture or deliver, or distribution of methamphetamine. If, however, a person is releasedpursuant to pretrial release guidelines, a magistrate must, within twenty-four hours of therelease, or as soon as practicable on the next subsequent working day of the court, eitherapprove in writing of the release, or disapprove of the release and issue a warrant for theperson’s urs of therelease, or as soon as practicable on the next subsequent working day of the court, eitherapprove in writing of the release, or disapprove of the release and issue a warrant for theperson’s arrest. 2. Where the offense is bailable, the magistrate shall fix bail giving due consideration to the bail endorsed on the warrant or other conditions stipulated on the warrant for thedefendant’s appearance in the court which issued the warrant; if such person is not releasedon bail, the magistrate must redeliver the warrant to the officer, and the officer shall retaincustody of the arrested person until the person’s removal to appear before the magistrate whoissued the warrant. 3. If the magistrate who issued the warrant is absent or unable to act, the arrested person shall be taken to the nearest or most accessible magistrate in the judicial district where theoffense occurred or a magistrate in an approved judicial district, and all documents on whichthe warrant was issued must be sent to such magistrate, or if they cannot be procured, theinformant and the informant’s witnesses must be subpoenaed to make new affidavits. and all documents on whichthe warrant was issued must be sent to such magistrate, or if they cannot be procured, theinformant and the informant’s witnesses must be subpoenaed to make new affidavits. Forpurposes of this subsection, an 'approved judicial district' means, as to any particular arrestof a person described in this subsection, any judicial district in this state in which the chiefjudge of that judicial district and the chief judge of the judicial district in which the offenseoccurred have previously entered an order permitting a person arrested or described in thissubsection to be taken to a magistrate from any judicial district subject to the order. 4. When the court is not in session, a person arrested and placed in jail may be released on the person’s own recognizance with or without other conditions, by the verbal or writtenorder of a judge or magistrate. The verbal order may be communicated by telephone. Thejudge or magistrate may issue such order of release only upon the request of an attorney orperson believed by the judge or magistrate to be reliable. 5. a. The judicial council shall promulgate rules and bond levels to be contained within a bond schedule for the he request of an attorney orperson believed by the judge or magistrate to be reliable. 5. a. The judicial council shall promulgate rules and bond levels to be contained within a bond schedule for the release of an arrested person. b. The bond schedule shall not be used unless both the following conditions are met:(1) The person was arrested for a crime other than a violation of section 708.6, section 724.26, subsection 1, or a forcible felony, and (2) The courts are not in session.6. This section does not prevent the release of the arrested person pending initial appearance upon the furnishing of bail in the amount endorsed on the warrant. The initialappearance of a person so released shall be scheduled for a time not more than thirty daysafter the date of release. [C51, §2831 – 2836; R60, §4539 – 4544, 4565; C73, §4191 – 4196, 4217; C97, §5187 – 5192, 5207; C24, 27, 31, 35, 39, §13480 – 13487; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §757.1 – 757.8;C79, 81, §804.21] 83 Acts, ch 50, §2, 3, 7; 83 Acts, ch 51, §5, 9; 89 Acts, ch 83, §85; 98 Acts, ch 1115, §18; 2000 Acts, ch 1032, §4; 2005 Acts, ch 15, §7, 14; 2005 Acts, ch 174, §21, 25; 2017 Acts, ch 69, §49 Referred to in §708.11, 2, 3, 7; 83 Acts, ch 51, §5, 9; 89 Acts, ch 83, §85; 98 Acts, ch 1115, §18; 2000 Acts, ch 1032, §4; 2005 Acts, ch 15, §7, 14; 2005 Acts, ch 174, §21, 25; 2017 Acts, ch 69, §49 Referred to in §708.11, 804.25, 811.2 Sat Dec 23 12:33:33 2023 Iowa Code 2024, Section 804.21 (16, 0)
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