Iowa Code 811.1 – Bail and bail restrictions
Current as of: 2024 | Check for updates
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Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class A felony | life | |
| Class B felony | up to 25 years |
Terms Used In Iowa Code 811.1
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- Verdict: The decision of a petit jury or a judge.
811.1 Bail and bail restrictions.
All defendants are bailable both before and after conviction, by sufficient surety, or subject
to release upon condition or on their own recognizance, except that the following defendants shall not be admitted to bail:
1. A defendant awaiting judgment of conviction and sentencing following either a plea or verdict of guilty of a class “”A”” felony; forcible felony as defined in § 702.11; any class “”B”” felony included in § 462A.14 or 707.6A; any felony included in § 124.401, subsection 1, paragraph “”a”” or “”b””; a second or subsequent offense under § 124.401, subsection 1, paragraph “”c””; any public offense committed while detained pursuant to section
229A.5; or any public offense committed while subject to an order of commitment pursuant to chapter 229A.
2. A defendant appealing a conviction of a class “”A”” felony; forcible felony as defined in § 702.11; any class “”B”” or “”C”” felony included in § 462A.14 or 707.6A; any felony included in § 124.401, subsection 1, paragraph “”a”” or “”b””; or a second or subsequent conviction under § 124.401, subsection 1, paragraph “”c””; any public offense committed while detained pursuant to § 229A.5; or any public offense committed while subject to an order of commitment pursuant to chapter 229A.
3. Notwithstanding subsections 1 and 2, a defendant awaiting judgment of conviction and sentencing following either a plea or verdict of guilty of, or appealing a conviction of, any felony offense included in § 708.11, subsection 3, or a felony offense under chapter
124 not provided for in subsection 1 or 2 is presumed to be ineligible to be admitted to bail unless the court determines that such release reasonably will not result in the person failing to appear as required and will not jeopardize the personal safety of another person or persons. [C51, §3211 – 3213; R60, §4885, 4962; C73, §3845, 4107, 4511; C97, §5096, 5442; S13, §5096; C24, 27, 31, 35, 39, §13609, 13610, 13966; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §763.1, 763.2,
789.19; C79, 81, §811.1; 82 Acts, ch 1236, §1]
89 Acts, ch 138, §4, 5; 90 Acts, ch 1251, §61; 92 Acts, ch 1179, §2; 94 Acts, ch 1093, §6; 95
Acts, ch 87, §1; 97 Acts, ch 177, §30; 98 Acts, ch 1138, §27; 99 Acts, ch 12, §10; 99 Acts, ch 71,
§1; 99 Acts, ch 123, §1; 2000 Acts, ch 1099, §10; 2002 Acts, ch 1139, §22, 27; 2011 Acts, ch 22,
§1; 2012 Acts, ch 1021, §117; 2013 Acts, ch 30, §255; 2023 Acts, ch 86, §9
Referred to in §124.416, 229A.5C, 232.44, 805.1, 811.2, 811.5
See R.Cr.P. 2.37 – Form 1
See also §124.416
Subsections 1 and 2 amended
All defendants are bailable both before and after conviction, by sufficient surety, or subject
to release upon condition or on their own recognizance, except that the following defendants shall not be admitted to bail:
1. A defendant awaiting judgment of conviction and sentencing following either a plea or verdict of guilty of a class “”A”” felony; forcible felony as defined in § 702.11; any class “”B”” felony included in § 462A.14 or 707.6A; any felony included in § 124.401, subsection 1, paragraph “”a”” or “”b””; a second or subsequent offense under § 124.401, subsection 1, paragraph “”c””; any public offense committed while detained pursuant to section
229A.5; or any public offense committed while subject to an order of commitment pursuant to chapter 229A.
2. A defendant appealing a conviction of a class “”A”” felony; forcible felony as defined in § 702.11; any class “”B”” or “”C”” felony included in § 462A.14 or 707.6A; any felony included in § 124.401, subsection 1, paragraph “”a”” or “”b””; or a second or subsequent conviction under § 124.401, subsection 1, paragraph “”c””; any public offense committed while detained pursuant to § 229A.5; or any public offense committed while subject to an order of commitment pursuant to chapter 229A.
3. Notwithstanding subsections 1 and 2, a defendant awaiting judgment of conviction and sentencing following either a plea or verdict of guilty of, or appealing a conviction of, any felony offense included in § 708.11, subsection 3, or a felony offense under chapter
124 not provided for in subsection 1 or 2 is presumed to be ineligible to be admitted to bail unless the court determines that such release reasonably will not result in the person failing to appear as required and will not jeopardize the personal safety of another person or persons. [C51, §3211 – 3213; R60, §4885, 4962; C73, §3845, 4107, 4511; C97, §5096, 5442; S13, §5096; C24, 27, 31, 35, 39, §13609, 13610, 13966; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §763.1, 763.2,
789.19; C79, 81, §811.1; 82 Acts, ch 1236, §1]
89 Acts, ch 138, §4, 5; 90 Acts, ch 1251, §61; 92 Acts, ch 1179, §2; 94 Acts, ch 1093, §6; 95
Acts, ch 87, §1; 97 Acts, ch 177, §30; 98 Acts, ch 1138, §27; 99 Acts, ch 12, §10; 99 Acts, ch 71,
§1; 99 Acts, ch 123, §1; 2000 Acts, ch 1099, §10; 2002 Acts, ch 1139, §22, 27; 2011 Acts, ch 22,
§1; 2012 Acts, ch 1021, §117; 2013 Acts, ch 30, §255; 2023 Acts, ch 86, §9
Referred to in §124.416, 229A.5C, 232.44, 805.1, 811.2, 811.5
See R.Cr.P. 2.37 – Form 1
See also §124.416
Subsections 1 and 2 amended