by Attorney Eric D. PuryearIn Iowa criminal cases, the sentencing judge is instructed by Iowa Code section 901.5 to consider certain guidelines and factors in determining what sentence to impose. This article discusses that sentencing process in Iowa criminal cases.
Under Iowa law, the sentencing judge is to consider all pertinent information, which includes any presentence investigation, any victim impact statements, and the sentences that the law allows for the offense. Using that information, the sentencing judge is to then determine which of those available sentences will provide for maximum opportunity for the defendant to be rehabilitated and also provide for the community to be protected from the defendant and others.
At a sentencing hearing in Iowa, presentation of evidence to seek the most favorable sentence is critical. Presenting evidence in the most favorable light can be the difference between a defendant receiving a deferred judgment, a suspended sentence, or a lengthy jail/prison sentence.
Iowa code section 901.5 is shown below:
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:
1. If authorized by section 907.3, the court may defer judgment
and sentence for an indefinite period in accordance with chapter 907.
2. If the defendant is not an habitual offender as defined by
section 902.8, the court may pronounce judgment and impose a fine.
3. The 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.
4. The court may pronounce judgment and impose a fine or sentence
the defendant to confinement, or both.
5. If authorized by section 907.3, the court may defer the
sentence and assign the defendant to the judicial district department
of correctional services.
6. The court may pronounce judgment and sentence the defendant to
confinement and then reconsider the sentence as provided by section
902.4 or 903.2.
7. The court shall inform the defendant of the mandatory minimum
sentence, if one is applicable.
8. The court may order the defendant to complete any treatment
indicated by a substance abuse evaluation ordered pursuant to section
901.4A or any other section.
8A. a. The court shall order DNA profiling of a defendant
convicted of an offense that requires profiling under section 81.2.
b. Notwithstanding 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.
9. If the defendant is being sentenced for an aggravated
misdemeanor or a felony, the court shall publicly announce the
following:
a. That the defendant's term of incarceration may be reduced
from the maximum sentence because of statutory earned time, work
credits, and program credits.
b. That the defendant may be eligible for parole before the
sentence is discharged.
c. In the case of multiple sentences, whether the sentences
shall be served consecutively or concurrently.
10. In addition to any sentence imposed pursuant to chapter 902
or 903, the court shall order the state department of transportation
to revoke the defendant's driver's license or motor vehicle operating
privilege for a period of one hundred eighty days, or to delay the
issuance of a driver's license for one hundred eighty days after the
person is first eligible if the defendant has not been issued a
driver's license, and shall send a copy of the order in addition to
the notice of conviction required under section 124.412, 126.26, or
453B.16, to the state department of transportation, if the defendant
is being sentenced for any of the following offenses:
a. A controlled substance offense under section 124.401,
124.401A, 124.402, or 124.403.
b. A drug or drug-related offense under section 126.3.
c. A controlled substance tax offense under chapter 453B.
If the person's operating privileges are suspended or revoked at
the time of sentencing, the order shall provide that the one hundred
eighty-day revocation period shall not begin until all other
suspensions or revocations have terminated. Any order under this
section shall also provide that the department shall not issue a
temporary restricted license to the defendant during the revocation
period, without further order by the court.
11. In 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.
12. In 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.
13. In 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.