Iowa Code 901D.9 – Noncompliance
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Terms Used In Iowa Code 901D.9
- Allegation: something that someone says happened.
- Arrest: Taking physical custody of a person by lawful authority.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Magistrate: means a judicial officer appointed under chapter 602, article 6, part 4. See Iowa Code 4.1
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
901D.9 Noncompliance.
An allegation that a participant failed a test, refused to submit to a test, or failed to
appear for testing shall be communicated ex parte by the participating jurisdiction, a law enforcement agency of the participating jurisdiction, or the participating jurisdiction’s third-party designee to a magistrate as soon as practicable. A magistrate who receives such a communication may order the participant’s immediate incarceration pending a hearing on the allegation but lasting no longer than twenty-four hours after the issuance of the order, or if the participant failed to appear for testing as scheduled, the magistrate may issue a warrant for the arrest of the participant for a violation of the terms of bond, pretrial release, sentence, probation, or parole, as applicable.
2017 Acts, ch 76, §11; 2020 Acts, ch 1059, §8
An allegation that a participant failed a test, refused to submit to a test, or failed to
appear for testing shall be communicated ex parte by the participating jurisdiction, a law enforcement agency of the participating jurisdiction, or the participating jurisdiction’s third-party designee to a magistrate as soon as practicable. A magistrate who receives such a communication may order the participant’s immediate incarceration pending a hearing on the allegation but lasting no longer than twenty-four hours after the issuance of the order, or if the participant failed to appear for testing as scheduled, the magistrate may issue a warrant for the arrest of the participant for a violation of the terms of bond, pretrial release, sentence, probation, or parole, as applicable.
2017 Acts, ch 76, §11; 2020 Acts, ch 1059, §8