IowaIowa limits promise-to-return release and updates the uniform bond schedule
Iowa law limits which defendants may be released on their own promise to return, requires checks on some release evaluations, and directs an inflation update to the bond schedule.
What it does
A defendant may be released on their own promise to return only if charged with a nonviolent, nondrug simple or serious misdemeanor. When court is not in session, a person in jail may also be released for necessary medical care.
Magistrates must give written reasons when they set bail below the uniform bond schedule or otherwise release a defendant under the covered rules. The schedule has limits on when it may be used.
When the Department of Corrections completes a pretrial release evaluation for a magistrate to consider, its evaluator must check all the information before providing it.
The Judicial Council must update the uniform bond schedule for inflation since its July 1, 2017 update and send the revised schedule to the Iowa Supreme Court.
Argument forChecking all information in a pretrial release evaluation may help magistrates rely on more complete information when deciding whether to release someone.
Argument againstThe limits on release on a promise to return could leave people charged with other offenses needing a different release option, even when they seek release before trial.
More detail
A defendant may be released on their own promise to return only if charged with a nonviolent, nondrug simple or serious misdemeanor. The misdemeanor limit applies to defendants seeking release on their own promise to return before or after conviction. When court is not in session, a person in jail may also be released on their own promise to return to receive necessary medical attention. A person released for medical care must return to law enforcement custody once medically cleared and fit for confinement. A person released for medical care must return to law enforcement custody once medically cleared and fit for confinement.
Magistrates must provide written justification when setting bail below the uniform bond schedule or otherwise releasing a defendant under the covered rules. These rules apply to magistrates setting bail or deciding release under sections 804.21 and 804.22. The bond schedule may be used only when courts are not in session and the arrest is not for a violation of section 708.6, section 724.26(1), or a forcible felony. The written-reason requirement applies when the magistrate makes a covered bail or release decision.
A Department of Corrections evaluator must verify all information in a pretrial release evaluation before providing it to a magistrate. The duty applies to the evaluator who completes the covered evaluation. This duty applies when the department completes an evaluation for a magistrate to consider before a defendant's release. The evaluator must verify the information before giving the evaluation to the magistrate.
The Judicial Council must revise the uniform bond schedule for inflation and submit it to the Iowa Supreme Court. The duty applies to the Judicial Council and the uniform bond schedule. The revision must account for inflation since the previous update took effect on July 1, 2017. The Council must submit the revised schedule by July 1, 2027.
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Where it stands
- Introduced
- Passed 1st Chamber
- Passed 2nd Chamber
- To Governor
- Became Law
Looking ahead
No hearings or votes scheduled.
History
- 2026
- Jun 2Signed by Governor Kim Reynolds.Became Law
- May 5Reported correctly enrolled, signed by President and Speaker, and sent to Governor.To Governor
- May 2Explanation of vote.
- Apr 15Message from House.
- Apr 14Immediate message.
- Vote recorded Shall the bill pass? Result: pass.Lower
- Apr 14Passed House, yeas 72, nays 21.Major
- Apr 14House concurred in Senate amendment H-8317.
- Apr 7Senate amendment H-8317 filed.Minor
- Vote recorded Shall the bill pass? Result: pass.Upper
- Apr 7Message from Senate.
- Apr 7Immediate message.
- Apr 7Passed Senate, yeas 38, nays 7.Major
- Apr 7Senate concurred with S-5068, as amended.
- Apr 7Amendment S-5161 to S-5068 filed, adopted.
- Mar 5Message from House, with amendment S-5068.
- Mar 4Immediate message.
- Vote recorded Shall the rules be suspended to consider amendment H-8148, to amendment H-8128? Result: fail.Lower
- Vote recorded Shall the rules be suspended to consider amendment H-8146, to amendment H-8128? Result: fail.Lower
- Vote recorded Shall the bill pass? Result: pass.Lower
- Vote recorded Shall the rules be suspended to consider amendment H-8149, to amendment H-8128? Result: fail.Lower
- Mar 4Passed House, yeas 74, nays 19.Passed 2nd Chamber
- Mar 4Amendment H-8128 adopted.Major
- Mar 4Motion to suspend rules failed.
- Mar 4Motion to suspend rules for immediate consideration of amendment H-8148, yeas 29, nays 63.
- Mar 4Point of order raised on amendment H-8148, ruled not germane.
- Mar 4Amendment H-8148 filed.Minor
- Mar 4Motion to suspend rules failed.
- Mar 4Motion to suspend rules for immediate consideration of amendment H-8146, yeas 30, nays 63.
- Mar 4Point of order raised on amendment H-8146, ruled not germane.
- Mar 4Amendment H-8146 filed.Minor
- Mar 4Motion to suspend rules failed.
- Mar 4Motion to suspend rules for immediate consideration of amendment H-8149, yeas 30, nays 63.
- Mar 4Point of order raised on amendment H-8149, ruled not germane.
- Mar 4Amendment H-8149 filed.Minor
- Mar 4Substituted for HF 2505.
- Mar 3Amendment H-8128 filed.Minor
- Feb 26Read first time, passed on file.Minor
- Feb 25Message from Senate.
- Vote recorded Shall the bill pass? Result: pass.Upper
- Feb 25Immediate message.
- Feb 25Passed Senate, yeas 47, nays 0.Passed 1st Chamber
- Feb 25Amendment S-5034 filed, adopted.Major
- Feb 19Committee report, approving bill.Minor
- Feb 19Introduced, placed on calendar.Introduced
Criminal Justice