901.5 Pronouncing judgment and sentence. After receiving and examining all pertinent information, including the presentence investigation report and victim impact statements, if any, the court shall consider thefollowing sentencing options. The court shall determine which of them is authorized by lawfor the offense, and of the authorized sentences, which of them or which combination ofthem, in the discretion of the court, will provide maximum opportunity for the rehabilitationof the defendant, and for the protection of the community from further offenses by thedefendant and others. At the time fixed by the court for pronouncement of judgment andsentence, the court shall act accordingly: 1. If authorized by section 907.3, the court may defer judgment and sentence for an indefinite period in accordance with chapter 907. 2. If the defendant is not an habitual offender as defined by section 902.8, the court may pronounce judgment and impose a fine. 3. The court may pronounce judgment and impose a fine or sentence the defendant to confinement, or both, and suspend the execution of the sentence or any part of it as providedin chapter 907. 4. ine. 3. The court may pronounce judgment and impose a fine or sentence the defendant to confinement, or both, and suspend the execution of the sentence or any part of it as providedin chapter 907. 4. The court may pronounce judgment and impose a fine or sentence the defendant to confinement, or both. 5. If authorized by section 907.3, the court may defer the sentence and assign the defendant to the judicial district department of correctional services. 6. The court may pronounce judgment and sentence the defendant to confinement and then reconsider the sentence as provided by section 902.4 or 903.2. 7. The court shall inform the defendant of the mandatory minimum sentence, if one is applicable. 8. The court may order the defendant to complete any treatment indicated by a substance use disorder evaluation ordered pursuant to section 901.4A or any other section. 9. a. The court shall order DNA profiling of a defendant convicted of an offense that requires profiling under section 81.2. b. Notwithstanding section 81.2, the court may order the defendant to provide a DNA sample to be submitted for DNA profiling if appropriate. of an offense that requires profiling under section 81.2. b. Notwithstanding section 81.2, the court may order the defendant to provide a DNA sample to be submitted for DNA profiling if appropriate. In determining the appropriatenessof ordering DNA profiling, the court shall consider the deterrent effect of DNA profiling, thelikelihood of repeated offenses by the defendant, and the seriousness of the offense. 10. If the defendant is being sentenced for an aggravated misdemeanor or a felony, the court shall publicly announce the following: a. That the defendant’s term of incarceration may be reduced from the maximum sentence because of statutory earned time, work credits, and program credits. b. That the defendant may be eligible for parole before the sentence is discharged.c. In the case of multiple sentences, whether the sentences shall be served consecutively or concurrently. 11. In addition to any sentence or other penalty imposed against the defendant for an offense under chapter 124, the court shall consider the provisions of 21 U.S.C. §862,regarding the denial of federal benefits to drug traffickers and possessors convicted understate or federal law, and may enter an order 124, the court shall consider the provisions of 21 U.S.C. §862,regarding the denial of federal benefits to drug traffickers and possessors convicted understate or federal law, and may enter an order specifying the range and scope of benefitsto be denied to the defendant, according to the provisions of 21 U.S.C. §862. For the purposes of this subsection, 'federal benefit' means the issuance of any grant, contract, loan,professional license, or commercial license provided by an agency of the United States orthrough the appropriation of funds of the United States, but does not include any retirement,welfare, social security, health, disability, veterans, public housing, or similar benefit forwhich payments or services are required for eligibility. The supreme court may adopt rulesestablishing sentencing guidelines consistent with this subsection and 21 U.S.C. §862. Theclerk of the district court shall send a copy of any order issued pursuant to this subsection tothe denial of federal benefits program of the United States department of justice, along withany other forms and information required by the department. 12. order issued pursuant to this subsection tothe denial of federal benefits program of the United States department of justice, along withany other forms and information required by the department. 12. In addition to any sentence or other penalty imposed against the defendant for an offense under chapter 124, the court shall consider the denial of state benefits to the Sat Dec 23 12:36:08 2023 Iowa Code 2024, Section 901.5 (36, 4) §901.5, JUDGMENT AND SENTENCING PROCEDURES 2 defendant, and may enter an order specifying the range and scope of benefits to be deniedto the defendant, comparable to the federal benefits denied under subsection 11. For thepurposes of this subsection, 'state benefit' means the issuance of any grant, contract,loan, professional license, or commercial license provided by a state agency, department,program, or otherwise through the appropriation of funds of the state, but does not includeany retirement, welfare, health, disability, veterans, public housing, or similar benefit. Thesupreme court may adopt rules establishing sentencing guidelines consistent with thissubsection and comparable to the guidelines for denial of federal benefits in 21 U.S.C.§862. r similar benefit. Thesupreme court may adopt rules establishing sentencing guidelines consistent with thissubsection and comparable to the guidelines for denial of federal benefits in 21 U.S.C.§862. The clerk of the district court shall send a copy of any order issued pursuant to thissubsection to each state agency, department, or program required to deny benefits pursuantto such an order. 13. In addition to any other sentence or other penalty imposed against the defendant, the court shall impose a special sentence if required under section 903B.1 or 903B.2. 14. Notwithstanding any provision in section 907.3 or any other provision of law prescribing a mandatory minimum sentence for the offense, if the defendant, other than achild being prosecuted as a youthful offender, is guilty of a public offense other than a class'A' felony, and was under the age of eighteen at the time the offense was committed, thecourt may suspend the sentence in whole or in part, including any mandatory minimumsentence, or with the consent of the defendant, defer judgment or sentence, and place thedefendant on probation upon such conditions as the court may require. in part, including any mandatory minimumsentence, or with the consent of the defendant, defer judgment or sentence, and place thedefendant on probation upon such conditions as the court may require. [C79, 81, §901.5]84 Acts, ch 1063, §1; 86 Acts, ch 1178, §3; 90 Acts, ch 1251, §65; 92 Acts, ch 1023, §1; 96 Acts, ch 1218, §68; 98 Acts, ch 1073, §9; 98 Acts, ch 1138, §26; 2000 Acts, ch 1122, §3; 2000Acts, ch 1173, §2, 10; 2001 Acts, ch 165, §3; 2003 Acts, ch 109, §1; 2003 Acts, ch 156, §8; 2003Acts, ch 179, §77; 2004 Acts, ch 1101, §93; 2005 Acts, ch 58, §1; 2005 Acts, ch 158, §14, 19,37; 2006 Acts, ch 1101, §16; 2011 Acts, ch 38, §30; 2013 Acts, ch 30, §223; 2013 Acts, ch 42,§14; 2018 Acts, ch 1172, §102, 104; 2023 Acts, ch 19, §1325 Referred to in §232.8, 462A.14, 602.8103, 707.6A, 708.2D, 901.5B, 902.13, 907.3Modification of no-contact orders, §664A.5Fines, see chapter 909Surcharge on penalty, chapter 911Subsection 8 amendedSubsection 8A renumbered as 9 and former subsections 9 – 13 renumbered as 10 – 14 Sat Dec 23 12:36:08 2023 Iowa Code 2024, Section 901.5 (36, 4)
Iowa Legal Code