SF 2020 (LSB 5054XS (4) 91)

SENATE FILE 2020

BY  LOFGREN

A BILL FOR

An Act requiring an initial appearance before a magistrate on new felony charges by a person on felony probation or parole.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 804.21, subsection 1, Code 2026, is amended to read as follows:
   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 deliver to the magistrate the warrant with the officer’s return endorsed on it and subscribed by the officer 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 would otherwise remain incarcerated while waiting to be taken before a magistrate if the release is pursuant to pretrial release guidelines or a bond schedule promulgated by the judicial council, unless the person is charged with manufacture, delivery, possession with intent to manufacture or deliver, or distribution of methamphetamine, or unless the person is charged with a felony and is at the time of the arrest on probation or parole, in lieu of or as a result of a sentence of incarceration imposed upon conviction of a felony, and subject to supervision by the district department of correctional services. If, however, a person is released pursuant to pretrial release guidelines, a magistrate must, within twenty-four hours of the release, or as soon as practicable on the next subsequent working day of the court, either approve in writing of the release, or disapprove of the release and issue a warrant for the person’s arrest.
    Sec. 2.  Section 804.22, subsection 2, Code 2026, is amended to read as follows:
   2.  This section and the rules of criminal procedure do not affect the provisions of chapter 805 authorizing the release of a person on citation or bail prior to initial appearance, unless the person is charged with manufacture, delivery, possession with intent to manufacture or deliver, or distribution of methamphetamine, or unless the person is charged with a felony and is at the time of the arrest on probation or parole, in lieu of or as a result of a sentence of incarceration imposed upon conviction of a felony, and subject to supervision by the district department of correctional services. The initial appearance of a person so released shall be scheduled for a time not more than thirty days after the date of release.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill requires an initial appearance before a magistrate on new felony charges by a person on felony probation or parole.
   Current law allows a person arrested with or without a warrant to be released within the period of time the person would otherwise remain incarcerated while waiting to be taken before a magistrate if the release is pursuant to pretrial release guidelines or a bond schedule promulgated by the judicial council, unless the person is charged with manufacture, delivery, possession with intent to manufacture or deliver, or distribution of methamphetamine.
   The bill requires a person arrested with or without a warrant and charged with a felony who is at the time of the arrest on probation or parole, in lieu of or as a result of a sentence of incarceration imposed upon conviction of a felony, and subject to supervision by the district department of correctional services to have an initial appearance before a magistrate prior to release pursuant to pretrial release guidelines or a bond schedule promulgated by the judicial council.