§ 901.10

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 bythe statute if mitigating circumstances exist and those circumstances are stated specificallyin the record. 2. A court sentencing a person for a violation of section 124.401, subsection 1, paragraph 'g', shall not grant any reduction of sentence. 3. 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 pleadsguilty. If the defendant pleads guilty, the court may, at its discretion, reduce the mandatoryminimum 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 theprosecutor requests an additional reduction in the defendant’s sentence because of suchcooperation, the court may grant a further reduction in the defendant’s mandatory minimumsentence, up to one-half of the

or requests an additional reduction in the defendant’s sentence because of suchcooperation, the court may grant a further reduction in the defendant’s mandatory minimumsentence, up to one-half of the remaining mandatory minimum sentence. 4. 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 providedunder section 902.9, subsection 1, paragraph 'a',* if mitigating circumstances exist andthose 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 pleadsguilty, 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 oruse of controlled substances, and if the prosecutor requests an additional reduction in thedefendant’s sentence because of such cooperation, the court may grant a further reductionin the defendant’s maximum sentence. 5. The state may appeal the discretionary decision on the grounds that the stated mitigating circumstances do not warrant a

the court may grant a further reductionin the defendant’s maximum sentence. 5. 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 Acts, ch 86, §11 *Paragraph 'a' of section 902.9, subsection 1 was stricken by 2023 Acts, ch 86, §12; corrective legislation is pendingNEW subsection 2 and former subsections 2 – 4 renumbered as 3 – 5 Sat Dec 23 12:36:11 2023 Iowa Code 2024, Section 901.10 (26, 7)