§ 811.2

811.2 Conditions of release — penalty for failure to appear. 1. Conditions for release of defendant.a. All bailable defendants shall be ordered released from custody pending judgment or entry of deferred judgment on their personal recognizance, or upon the execution of anunsecured appearance bond in an amount specified by the magistrate unless the magistratedetermines in the exercise of the magistrate’s discretion, that such a release will notreasonably assure the appearance of the defendant as required or that release will jeopardizethe personal safety of another person or persons. When such determination is made, themagistrate shall, either in lieu of or in addition to the above methods of release, impose thefirst of the following conditions of release which will reasonably assure the appearance ofthe person for trial or deferral of judgment and the safety of other persons, or, if no singlecondition gives that assurance, any combination of the following conditions: (1) Place the defendant in the custody of a designated person or organization agreeing to supervise the defendant. (2) Place restrictions on the travel, association or place of abode of the defendant during the period

ndant in the custody of a designated person or organization agreeing to supervise the defendant. (2) Place restrictions on the travel, association or place of abode of the defendant during the period of release. (3) Require the execution of an appearance bond in a specified amount and the deposit with the clerk of the district court or a public officer designated under section 602.1211,subsection 4, in cash or other qualified security, of a sum not to exceed ten percent of theamount of the bond, the deposit to be returned to the person who deposited the specifiedamount with the clerk upon the performance of the appearances as required in section 811.6. (4) Require the execution of a bail bond with sufficient surety, or the deposit of cash in lieu of bond. However, except as provided in section 811.1, bail initially given remains validuntil final disposition of the offense or entry of an order deferring judgment. If the amountof bail is deemed insufficient by the court before whom the offense is pending, the court mayorder an increase of bail and the defendant must provide the additional undertaking, writtenor in cash, to secure release.

d insufficient by the court before whom the offense is pending, the court mayorder an increase of bail and the defendant must provide the additional undertaking, writtenor in cash, to secure release. (5) Impose any other condition deemed reasonably necessary to assure appearance as required, or the safety of another person or persons including a condition requiring that thedefendant return to custody after specified hours, or a condition that the defendant have nocontact with the victim or other persons specified by the court. b. Any bailable defendant who is charged with unlawful possession, manufacture, delivery, or distribution of a controlled substance or other drug under chapter 124 and isordered released shall be required, as a condition of that release, to submit to a substanceuse disorder evaluation and follow any recommendations proposed in the evaluationfor appropriate substance use disorder treatment. However, if a bailable defendant is charged with manufacture, delivery, possession with the intent to manufacture or deliver, ordistribution of methamphetamine, its salts, optical isomers, and salts of its optical isomers,the defendant shall, in addition to a substance use

ssession with the intent to manufacture or deliver, ordistribution of methamphetamine, its salts, optical isomers, and salts of its optical isomers,the defendant shall, in addition to a substance use disorder evaluation, remain undersupervision and be required to undergo random drug tests as a condition of release. 2. Determination of conditions. In determining which conditions of release will reasonably assure the defendant’s appearance and the safety of another person or persons,the magistrate shall, on the basis of available information, take into account the nature andcircumstances of the offense charged, the defendant’s family ties, employment, financialresources, character and mental condition, the length of the defendant’s residence in thecommunity, the defendant’s record of convictions, including the defendant’s failure to payany fine, surcharge, or court costs, and the defendant’s record of appearance at courtproceedings or of flight to avoid prosecution or failure to appear at court proceedings. 3. Release at initial appearance. This chapter does not preclude the release of an arrested person as authorized by section 804.21, unless the arrested person is charged

appear at court proceedings. 3. Release at initial appearance. This chapter does not preclude the release of an arrested person as authorized by section 804.21, unless the arrested person is charged withmanufacture, delivery, possession with the intent to manufacture or deliver, or distributionof methamphetamine. 4. Statement to all defendants. When a defendant appears before a magistrate pursuant to rule of criminal procedure 2.2 or 2.3, the defendant shall be informed of the defendant’sright to have said conditions of release reviewed. If the defendant indicates that the defendant Sat Dec 23 12:34:40 2023 Iowa Code 2024, Section 811.2 (22, 1) §811.2, PRETRIAL AND POST-TRIAL RELEASE — BAIL 2 desires such a review and is indigent and unable to retain legal counsel, the magistrate shallappoint an attorney to represent the defendant for the purpose of such review. Unless theconditions of release are amended and the defendant is thereupon released, the magistrateshall set forth in writing the reasons for requiring conditions imposed. A defendant who isordered released by a magistrate other than a district court judge or district associate judgeon a condition which required that the

ng the reasons for requiring conditions imposed. A defendant who isordered released by a magistrate other than a district court judge or district associate judgeon a condition which required that the defendant return to custody after specified hours,shall, upon application, be entitled to review by the magistrate who imposed the conditionin the same manner as a defendant who remains in full-time custody. In the event that themagistrate who imposed conditions of release is not available, any other magistrate in thejudicial district may review such conditions. 5. Statement of conditions when defendant is released. A magistrate authorizing the release of a defendant under this section shall issue a written order containing a statementof the conditions imposed if any, shall inform the defendant of the penalties applicable toviolation of the conditions of release and shall advise the defendant that a warrant for thedefendant’s arrest will be issued immediately upon such violation. 6. Amendment of release conditions. A magistrate ordering the release of the defendant on any conditions specified in this section may at any time amend the order to imposeadditional or different conditions

dment of release conditions. A magistrate ordering the release of the defendant on any conditions specified in this section may at any time amend the order to imposeadditional or different conditions of release, provided that, if the imposition of different oradditional conditions results in the detention of the defendant as a result of the defendant’sinability to meet such conditions, the provisions of subsection 3 of this section shall apply. 7. Appeal from conditions of release.a. A defendant who is detained, or whose release on a condition requiring the defendant to return to custody after specified hours is continued, after review of the defendant’sapplication pursuant to subsection 3 or 5 of this section, by a magistrate, other than a districtjudge or district associate judge having original jurisdiction of the offense with which thedefendant is charged, may make application to a district judge or district associate judgehaving jurisdiction to amend the order. Said motion shall be promptly set for hearing anda record made thereof. b. In any case in which a court denied a motion under paragraph 'a' of this subsection to amend an order imposing conditions of release, or a

all be promptly set for hearing anda record made thereof. b. In any case in which a court denied a motion under paragraph 'a' of this subsection to amend an order imposing conditions of release, or a defendant is detained after conditionsof release have been imposed or amended upon such a motion, an appeal may be taken fromthe district court. The appeal shall be determined summarily, without briefs, on the recordmade. However, the defendant may elect to file briefs and may be heard in oral argument,in which case the prosecution shall have a right to respond as in an ordinary appeal from acriminal conviction. The appellate court may, on its own motion, order the parties to submitbriefs and set the time in which such briefs shall be filed. Any order so appealed shall beaffirmed if it is supported by the proceeding below. If the order is not so supported, the courtmay remand the case for a further hearing or may, with or without additional evidence, orderthe defendant released pursuant to subsection 1 of this section. 8. Failure to appear — penalty. Any person who, having been released pursuant to this section, willfully fails to appear before any court or magistrate as required

nt to subsection 1 of this section. 8. Failure to appear — penalty. Any person who, having been released pursuant to this section, willfully fails to appear before any court or magistrate as required shall, in additionto the forfeiture of any security given or pledged for the person’s release, if the person wasreleased in connection with a charge which constitutes a felony, or while awaiting sentenceor pending appeal after conviction of any public offense, be guilty of a class 'D' felony.If the defendant was released before conviction or acquittal in connection with a chargewhich constitutes any public offense not a felony, the defendant shall be guilty of a seriousmisdemeanor. If the person was released for appearance as a material witness, the person Sat Dec 23 12:34:40 2023 Iowa Code 2024, Section 811.2 (22, 1) shall be guilty of a simple misdemeanor. In addition, nothing herein shall limit the powerof the court to punish for contempt. [C51, §2876, 3216 – 3218; R60, §4601, 4967; C73, §4248, 4573; C97, §5232, 5500; C24, 27, 31, 35, 39, §13547, 13611; C46, 50, 54, 58, 62, 66, §761.21, 763.3; C71, 73, 75, 77, §761.21,763.17 – 763.19; C79, 81, §811.2] 83 Acts, ch 19, §1 – 3; 83

C73, §4248, 4573; C97, §5232, 5500; C24, 27, 31, 35, 39, §13547, 13611; C46, 50, 54, 58, 62, 66, §761.21, 763.3; C71, 73, 75, 77, §761.21,763.17 – 763.19; C79, 81, §811.2] 83 Acts, ch 19, §1 – 3; 83 Acts, ch 50, §6, 7; 84 Acts, ch 1152, §1, 2; 85 Acts, ch 17, §2; 88 Acts, ch 1033, §1; 93 Acts, ch 157, §10; 99 Acts, ch 12, §11; 2000 Acts, ch 1131, §6; 2005 Acts,ch 15, §10, 11, 14; 2005 Acts, ch 174, §23 – 25; 2013 Acts, ch 30, §221; 2023 Acts, ch 19, §1319 Referred to in §232.44, 321.486, 602.1211, 664A.3, 708.11, 804.23, 811.1A, 811.5, 811.10, 812.3, 812.4See R.Cr.P. 2.37 – Forms 2 and 3Subsection 1, paragraph b amended Sat Dec 23 12:34:40 2023 Iowa Code 2024, Section 811.2 (22, 1)