901JUDGMENT AND SENTENCING PROCEDURES901.1Short title.Chapters 901 through 909 shall be known and may be cited as the “Iowa Corrections Code”.[C79, 81, §901.1]94 Acts, ch 1023, §71; 2021 Acts, ch 80, §375901.2Presentence investigation.1Upon a plea of guilty, a verdict of guilty, or a special verdict upon which a judgment of conviction of a public offense may be rendered, the court shall receive from the state, from the judicial district department of correctional services, and from the defendant any information which may be offered which is relevant to the question of sentencing. The court may consider information from other sources.2aThe court shall not order a presentence investigation when the offense is a class “A” felony. If, however, the board of parole determines that the Iowa medical and classification center reception report for a class “A” felon is inadequate, the board may request and shall be provided with additional information from the appropriate judicial district department of correctional services.bThe court shall order a presentence investigation when the offense is a class “B”, class “C”, or class “D” felony. A presentence investigation for a class “B”, class “C”, or class “D” felony shall not be waived. The court may order, with the consent of the defendant, that the presentence investigation begin prior to the acceptance of a plea of guilty, or prior to a verdict of guilty.cThe court may order a presentence investigation when the offense is an aggravated misdemeanor.dThe court may order a presentence investigation when the offense is a serious misdemeanor only upon a finding of exceptional circumstances warranting an investigation. Notwithstanding section 901.3, a presentence investigation ordered by the court for a serious misdemeanor shall include information concerning only the following:1A brief personal and social history of the defendant.2The defendant’s criminal record.3The harm to the victim, the victim’s immediate family, and the community, including any completed victim impact statement or statements and restitution plan.3The court may withhold execution of any judgment or sentence for such time as shall be reasonably necessary for an investigation with respect to deferment of judgment, deferment of sentence, or suspension of sentence and probation. The investigation shall be made by the judicial district department of correctional services.4The purpose of the report by the judicial district department of correctional services is to provide the court pertinent information for purposes of sentencing and to include suggestions for correctional planning for use by correctional authorities subsequent to sentencing.[S13, §5447-a; C24, 27, 31, 35, 39, §3800; C46, 50, 54, 58, 62, 66, 71, 73, §247.20; C75, 77, §789A.3; C79, 81, §901.2]83 Acts, ch 38, §2; 84 Acts, ch 1126, §1; 89 Acts, ch 156, §2; 90 Acts, ch 1251, §62; 94 Acts, ch 1099, §1; 99 Acts, ch 12, §12; 2000 Acts, ch 1122, §2; 2013 Acts, ch 30, §257; 2013 Acts, ch 90, §240; 2023 Acts, ch 86, §10901.3Presentence investigation report.1If a presentence investigation is ordered by the court, the investigator shall promptly inquire into all of the following:aThe defendant’s characteristics, family and financial circumstances, needs, and potentialities.bThe defendant’s criminal record and social history.cThe circumstances of the offense.dThe time the defendant has been in detention.eThe harm to the victim, the victim’s immediate family, and the community. Additionally, the presentence investigator shall provide a victim impact statement form to each victim, if one has not already been provided, and shall file the completed statement or statements with the presentence investigation report.fThe defendant’s potential as a candidate for the community service sentence program established pursuant to section 907.13.gAny mitigating circumstances relating to the offense and the defendant’s potential as a candidate for deferred judgment, deferred sentencing, a suspended sentence, or probation, if the defendant is charged with or convicted of assisting suicide pursuant to section 707A.2.hWhether the defendant has a history of mental health issues or a substance use disorder. If so, the investigator shall inquire into the treatment options available in both the community of the defendant and the correctional system.2All local and state mental and correctional institutions, courts, and police agencies shall furnish to the investigator on request the defendant’s criminal record and other relevant information. The originating source of specific mental health or substance use disorder information including the histories, treatment, and use of medications shall not be released to the presentence investigator unless the defendant authorizes the release of such information. If the defendant refuses to release the information, the presentence investigator may note the defendant’s refusal to release mental health or substance use disorder information in the presentence investigation report and rely upon other mental health or substance use disorder information available to the presentence investigator. With the approval of the court, a physical examination or psychiatric evaluation of the defendant may be ordered, or the defendant may be committed to an inpatient or outpatient psychiatric facility for an evaluation of the defendant’s personality and mental health. The results of any such examination or evaluation shall be included in the report of the investigator.[C75, 77, §789A.4; C79, 81, §901.3; 82 Acts, ch 1069, §1]86 Acts, ch 1178, §2; 90 Acts, ch 1251, §63; 91 Acts, ch 219, §23; 96 Acts, ch 1002, §4; 2011 Acts, ch 7, §1 – 3; 2013 Acts, ch 30, §222; 2023 Acts, ch 19, §1321, 1322901.4Presentence investigation report confidential access.The presentence investigation report is confidential and the court shall provide safeguards to ensure its confidentiality, including but not limited to sealing the report, which may be opened only by further court order. The defendant’s attorney and the attorney for the state shall have access to the presentence investigation report at least three days prior to the date set for sentencing. The defendant’s appellate attorney and the appellate attorney for the state shall have access to the presentence investigation report upon request and without the necessity of a court order. The report shall remain confidential except upon court order. However, the court may conceal the identity of the person who provided confidential information. The report of a medical examination or psychological or psychiatric evaluation shall be made available to the attorney for the state and to the defendant upon request. The reports are part of the record but shall be sealed and opened only on order of the court. If the defendant is committed to the custody of the Iowa department of corrections and is not a class “A” felon, an employee of the department, if authorized by the director of the department, an employee of a judicial district department of correctional services, if authorized by the director of the judicial district department of correctional services, and an employee of the board of parole, if authorized by the chairperson or a member of the board of parole, shall have access to the presentence investigation report. Pursuant to section 904.602, the presentence investigation report may also be released by ordinary or electronic mail by the department of corrections or a judicial district department of correctional services to another jurisdiction for the purpose of providing interstate probation and parole compact or interstate compact for adult offender supervision services or evaluations, or to a substance use disorder or mental health services provider when referring a defendant for services. The defendant or the defendant’s attorney may file with the presentence investigation report, a denial or refutation of the allegations, or both, contained in the report. The denial or refutation shall be included in the report.[C75, 77, §789A.5; C79, 81, §901.4]83 Acts, ch 38, §3; 83 Acts, ch 96, §124, 159, 160; 89 Acts, ch 279, §7; 98 Acts, ch 1095, §1; 98 Acts, ch 1169, §17; 99 Acts, ch 112, §20; 2003 Acts, 1st Ex, ch 2, §50, 2092004 Acts, ch 1101, §92; 2004 Acts, ch 1106, §1; 2004 Acts, ch 1175, §465, 468; 2005 Acts, ch 171, §6; 2006 Acts, ch 1007, §1; 2010 Acts, ch 1159, §16; 2021 Acts, ch 11, §5; 2023 Acts, ch 19, §1323901.4ASubstance use disorder evaluation.Upon a plea of guilty, a verdict of guilty, or a special verdict upon which a judgment of conviction may be rendered, the court may order the defendant to submit to and complete a substance use disorder evaluation, if the court determines that there is reason to believe that the defendant regularly uses alcohol or other controlled substances and may be in need of treatment. An order made pursuant to this section may be made in addition to any other sentence or order of the court.90 Acts, ch 1251, §642023 Acts, ch 19, §1324901.4BPresentence determinations and statements.1Before imposing sentence, the court shall do all of the following:aVerify that the defendant and the defendant’s attorney have read and discussed the presentence investigation report and any addendum to the report.bProvide the defendant’s attorney an opportunity to speak on the defendant’s behalf.cAddress the defendant personally in order to permit the defendant to make a statement or present any information to mitigate the defendant’s sentence.dProvide the prosecuting attorney an opportunity to speak.2After hearing any statements presented pursuant to subsection 1, and before imposing sentence, the court shall address any victim of the crime who is present at the sentencing and shall allow any victim to be reasonably heard, including but not limited to by presenting a victim impact statement in the manner described in section 915.21.3For purposes of this section, “victim” means the same as defined in section 915.10.2019 Acts, ch 140, §37901.5Pronouncing 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 the following sentencing options. The court shall determine which of them is authorized by law for the offense, and of the authorized sentences, which of them or which combination of them, in the discretion of the court, will provide maximum opportunity for the rehabilitation of the defendant, and for the protection of the community from further offenses by the defendant and others. At the time fixed by the court for pronouncement of judgment and sentence, the court shall act accordingly:1If authorized by section 907.3, the court may defer judgment and sentence for an indefinite period in accordance with chapter 907.2If the defendant is not an habitual offender as defined by section 902.8, the court may pronounce judgment and impose a fine.3The 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 provided in chapter 907.4The court may pronounce judgment and impose a fine or sentence the defendant to confinement, or both.5If authorized by section 907.3, the court may defer the sentence and assign the defendant to the judicial district department of correctional services.6The court may pronounce judgment and sentence the defendant to confinement and then reconsider the sentence as provided by section 902.4 or 903.2.7The court shall inform the defendant of the mandatory minimum sentence, if one is applicable.8The 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.9aThe court shall order DNA profiling of a defendant convicted of an offense that requires profiling under section 81.2.bNotwithstanding 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 appropriateness of ordering DNA profiling, the court shall consider the deterrent effect of DNA profiling, the likelihood of repeated offenses by the defendant, and the seriousness of the offense.10If the defendant is being sentenced for an aggravated misdemeanor or a felony, the court shall publicly announce the following:aThat the defendant’s term of incarceration may be reduced from the maximum sentence because of statutory earned time, work credits, and program credits.bThat the defendant may be eligible for parole before the sentence is discharged.cIn the case of multiple sentences, whether the sentences shall be served consecutively or concurrently.11In 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 under state or federal law, and may enter an order specifying the range and scope of benefits to 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 or through 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 for which payments or services are required for eligibility. The supreme court may adopt rules establishing sentencing guidelines consistent with this subsection and 21 U.S.C. §862. The clerk of the district court shall send a copy of any order issued pursuant to this subsection to the denial of federal benefits program of the United States department of justice, along with any other forms and information required by the department.12In 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 defendant, and may enter an order specifying the range and scope of benefits to be denied to the defendant, comparable to the federal benefits denied under subsection 11. For the purposes 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 include any retirement, welfare, health, disability, veterans, public housing, or similar benefit. The supreme court may adopt rules establishing sentencing guidelines consistent with this subsection 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 this subsection to each state agency, department, or program required to deny benefits pursuant to such an order.13In 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.2.14Notwithstanding 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 a child 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, the court may suspend the sentence in whole or in part, including any mandatory minimum sentence, or with the consent of the defendant, defer judgment or sentence, and place the defendant 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; 2000 Acts, ch 1173, §2, 10; 2001 Acts, ch 165, §3; 2003 Acts, ch 109, §1; 2003 Acts, ch 156, §8; 2003 Acts, 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, §1325901.5AReopening of a sentence.Repealed by 2023 Acts, ch 86, §14.901.5BPronouncement of judgment and sentence — social security number.1Prior to pronouncement of judgment and sentence pursuant to section 901.5, or prior to pleading guilty for an offense that does not require a court appearance, the defendant shall provide the defendant’s social security number to the clerk of the district court or the court.2The clerk of the district court shall duly note the social security number in the case file.3The defendant’s social security number shall be considered a confidential record exempted from public access under section 22.7, but shall be disclosed by the clerk of the district court for the limited purpose of collecting court debt pursuant to section 602.8107.4Failure or refusal to provide a social security number pursuant to this section shall not delay the pronouncement of judgment and sentence pursuant to section 901.5.2008 Acts, ch 1172, §26901.6Judgment entered.If judgment is not deferred, and no sufficient cause is shown why judgment should not be pronounced and none appears to the court upon the record, judgment shall be pronounced and entered. In every case in which judgment is entered, the court shall include in the judgment entry the number of the particular section of the Code and the name of the offense under which the defendant is sentenced and a statement of the days credited pursuant to section 903A.5 shall be incorporated into the sentence.[C51, §3066; R60, §4873, 4874; C73, §4506, 4507; C97, §5438; C24, §13958; C27, 31, 35, §13958-a1; C39, §13958.2; C46, 50, 54, 58, 62, 66, §789.11; C71, 73, 75, 77, §789.11, 791.8; C79, 81, §901.6]83 Acts, ch 38, §4; 83 Acts, ch 147, §11, 14901.7Commitment to custody.In imposing a sentence of confinement for more than one year, the court shall commit the defendant to the custody of the director of the Iowa department of corrections. Upon entry of judgment and sentence, the clerk of the district court immediately shall notify the director of the commitment. The court shall make an order as appropriate for the temporary custody of the defendant pending the defendant’s transfer to the custody of the director. The court shall order the county where a person was convicted to pay the cost of temporarily confining the person and of transporting the person to the state institution where the person is to be confined in execution of the judgment. The order shall require that a person transported to a state institution pursuant to this section shall be accompanied by a person of the same sex.[C79, 81, §901.7]83 Acts, ch 96, §125, 159; 85 Acts, ch 21, §49901.8Consecutive sentences.If a person is sentenced for two or more separate offenses, the sentencing judge may order the second or further sentence to begin at the expiration of the first or succeeding sentence. If a person is sentenced for escape under section 719.4 or for a crime committed while confined in a detention facility or penal institution, the sentencing judge shall order the sentence to begin at the expiration of any existing sentence. If the person is presently in the custody of the director of the Iowa department of corrections, the sentence shall be served at the facility or institution in which the person is already confined unless the person is transferred by the director. Except as otherwise provided in section 903A.7, if consecutive sentences are specified in the order of commitment, the several terms shall be construed as one continuous term of imprisonment.[S13, §5718-a13; C24, 27, 31, 35, 39, §13961; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §789.14; C79, 81, §901.8]83 Acts, ch 96, §126, 159; 97 Acts, ch 131, §1, 4901.9Information for parole board.At the time of committing a defendant to the custody of the director of the Iowa department of corrections for incarceration, the trial judge and prosecuting attorney shall, and the defense attorney may, furnish the board of parole with a full statement of their recommendations relating to release or parole.83 Acts, ch 38, §1; 83 Acts, ch 96, §160901.10Reduction of sentences.1A 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 by the statute if mitigating circumstances exist and those circumstances are stated specifically in the record.2A court sentencing a person for a violation of section 124.401, subsection 1, paragraph “g”, shall not grant any reduction of sentence.3Notwithstanding 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 pleads guilty. If the defendant pleads guilty, the court may, at its discretion, reduce the mandatory minimum 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 the prosecutor requests an additional reduction in the defendant’s sentence because of such cooperation, the court may grant a further reduction in the defendant’s mandatory minimum sentence, up to one-half of the remaining mandatory minimum sentence.4A 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 provided under section 902.9, subsection 1, paragraph “a”,* if mitigating circumstances exist and those 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 pleads guilty, 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 or use of controlled substances, and if the prosecutor requests an additional reduction in the defendant’s sentence because of such cooperation, the court may grant a further reduction in the defendant’s maximum sentence.5The 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, §11901.11Parole or work release eligibility determination certain offenses.1At the time of sentencing, the court shall determine when a person convicted under section 124.401, subsection 1, paragraph “b”, shall first become eligible for parole or work release within the parameters described in section 124.413, subsection 3, based upon all the pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons.2At the time of sentencing, the court shall determine when a person convicted of child endangerment as described in section 902.12, subsection 2, shall first become eligible for parole or work release within the parameters specified in section 902.12, subsection 2, based upon all pertinent information including the person’s criminal record, a validated risk assessment, and whether the offense involved multiple intentional acts or a series of intentional acts, or whether the offense involved torture or cruelty.3At the time of sentencing, the court shall determine when a person convicted of robbery in the first degree as described in section 902.12, subsection 3, shall first become eligible for parole or work release within the parameters specified in section 902.12, subsection 3, based upon all pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons. 4At the time of sentencing, the court shall determine when a person convicted of robbery in the second degree as described in section 902.12, subsection 4, shall first become eligible for parole or work release within the parameters specified in section 902.12, subsection 4, based upon all pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons.5At the time of sentencing, the court shall determine when a person convicted of arson in the first degree as described in section 902.12, subsection 5, shall first become eligible for parole or work release within the parameters specified in section 902.12, subsection 5, based upon all pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons.6At the time of sentencing, the court shall determine when a person convicted of sexual exploitation of a minor as described in section 902.12, subsection 6, shall first become eligible for parole or work release within the parameters specified in section 902.12, subsection 6, based upon all pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons.7At the time of sentencing, the court shall determine when a person convicted of human trafficking as described in section 902.12, subsection 7, shall first become eligible for parole or work release within the parameters specified in section 902.12, subsection 7, based upon all pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons.2016 Acts, ch 1104, §6; 2017 Acts, ch 122, §13; 2019 Acts, ch 140, §6, 38; 2020 Acts, ch 1063, §381; 2023 Acts, ch 74, §4; 2024 Acts, ch 1175, §1901.12Minimum sentence parole or work release eligibility certain drug offenses.1Effective July 1, 2016, and notwithstanding section 124.413, a person whose sentence commenced prior to July 1, 2016, for a conviction under section 124.401, subsection 1, paragraph “b”, who has not previously been convicted of a forcible felony, and who does not have a prior conviction under section 124.401, subsection 1, paragraph “a”, “b”, or “c”, shall first be eligible for parole or work release after the person has served one-half of the minimum term of confinement prescribed in section 124.413.2Effective July 1, 2017, a person whose sentence commenced prior to July 1, 2017, for a conviction under section 124.401, subsection 1, paragraph “c”, shall not be required to serve a minimum term of confinement as prescribed in section 124.413.3When the board of parole considers a person for parole or work release pursuant to this section, the board shall consider all pertinent information including the person’s criminal record, a validated risk assessment, and the negative impact the offense has had on the victim or other persons.2016 Acts, ch 1104, §7; 2017 Acts, ch 122, §14, 15