Iowa Code

Iowa Code § 124.409 (2026)

Conditional discharge, commitment for treatment, and probation

✓ current as of July 2026

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1. Whenever the court finds that a person who is charged with a violation of section 124.401 and who consents thereto, or who has entered a plea of guilty to or been found guilty of a violation of that section, is addicted to, dependent upon, or a chronic user of any controlled substance and that such person will be aided by proper medical treatment and rehabilitative services, the court may order that the person be committed as an in-patient or \n Tue Dec 09 22:28:00 2025 Iowa Code 2026, Chapter 124 (73, 1) 45 CONTROLLED SUBSTANCES, §124.411\n\nout-patient to a facility licensed by the department of health and human services for medical treatment and rehabilitative services.

2. In order to obtain the most effective results from such medical treatment and rehabilitative services, the court may commit the person to the custody of a public or private agency or any other responsible person and impose other conditions upon the commitment as is necessary to ensure compliance with the court’s order and to ensure that the person will not, during the period of treatment and rehabilitation, again violate a provision of this chapter.

3. If it is established thereafter to the satisfaction of the court that the person has again violated a provision of this chapter, the person may be returned to custody or sentenced upon conviction as provided by law.

4. The public or private agency or responsible person to whom the accused person was committed by the court shall immediately report to the court when the person has received maximum benefit from the program or has recovered from addiction, dependency, or tendency to chronically abuse any controlled substance. The person shall then be returned to the court for disposition of the case. If the person has been charged or indicted, but not convicted, such charge shall proceed to trial or final disposition. If the person has been convicted or is thereafter convicted, the court shall sentence the person as provided by law but may remit all or any part of the sentence and place the person on probation upon terms and conditions as the court may prescribe. [C73, 75, 77, 79, 81, §204.409] 84 Acts, ch 1013, §16 C93, §124.409 96 Acts, ch 1034, §4; 2002 Acts, ch 1175, §26; 2002 Acts, 2nd Ex, ch 1003, §237, 262; 2019 Acts, ch 59, §49; 2020 Acts, ch 1062, §23; 2021 Acts, ch 76, §26; 2023 Acts, ch 19, §71; 2024 Acts, ch 1161, §17, 137 Referred to in §125.44, 125.89 2024 strike of subsection 2 effective July 1, 2025; 2024 Acts, ch 1161, §137 Subsection 2 stricken and former subsections 3 – 5 renumbered as 2 – 4 \n

Notes of Decisions

Cited in 2 cases (1 in the last 5 years), 2014–2023 · leading case: State of Iowa v. Brian Joseph Lavenz (Iowa Ct. App. 2023).

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State of Iowa v. Brian Joseph Lavenz (Iowa Ct. App. 2023). · cites it 4× “Lavenz claims the court’s failure to acknowledge that it had discretion to suspend his sentence under Iowa Code section 124.409 (2021) shows it was unaware it had that discretion.”

State of Iowa v. Darin Dwayne Ware (Iowa Ct. App. 2014). · cites it 4× “Ware claims defense counsel should have presented an argument advocating for Ware to attend substance abuse treatment, which he believes would make him eligible for probation under section 124.409. When the prosecutor set out the parties’ plea agreement for the record, he…”

Annotations are extracted automatically from the opinions in the Syfert caselaw corpus and ranked by authority, recency, and treatment. Dots show Syfertize treatment of the citing case itself.