1. Except as provided in subsection 3 and sections 901.11 and 901.12, a person sentenced
pursuant to section 124.401, subsection 1, paragraph “a”, “b”, “e”, “f”, “g”, or “h”, shall not be
eligible for parole or work release until the person has served a minimum term of confinement
of one-third of the maximum indeterminate sentence prescribed by law.
2. This section shall not apply if:
a. The offense is found to be an accommodation pursuant to section 124.410; or
b. The controlled substance is marijuana.
3. A person serving a sentence pursuant to section 124.401, subsection 1, paragraph
“b”, shall be denied parole or work release, based upon all the pertinent information as
determined by the court under section 901.11, subsection 1, until the person has served
between one-half of the minimum term of confinement prescribed in subsection 1 and the
maximum indeterminate sentence prescribed by law.
[C79, 81, §204.413]
89 Acts, ch 225, §14
C93, §124.413
2009 Acts, ch 41, §182; 2016 Acts, ch 1104, §1, 2; 2017 Acts, ch 122, §10, 11; 2023 Acts, ch
86, §8
Referred to in §124.401E, 232.45, 901.10, 901.11, 901.12, 903A.5
\n
Notes of Decisions
Cited in
57
cases (
7 in the last 5 years), 1995–2025 · leading case:
State v. Kress, 636 N.W.2d 12 (Iowa 2001).
State v. Kress, 636 N.W.2d 12 (Iowa 2001).
· cites it 79× “401, subsection 1, paragraph “a”, “b ”, “c ”, “e ”, or “/”, shall not be eligi *18 ble for parole until the person has served a minimum period of confinement of one-third of the maximum indeterminate sentence prescribed by law.”
State v. Thomas, 547 N.W.2d 223 (Iowa 1996).
· cites it 23× “Thomas contends the district court erred in failing to exercise its discretion to waive the one-third mandatory minimum prison sentence under Iowa Code section 124.413. We affirm. Thomas was charged by trial information with possession with intent to deliver five grams of…”
State v. Emery, 636 N.W.2d 116 (Iowa 2001).
· cites it 28× “” Iowa Code § 124.413 . It is undisputed that Emery was sentenced pursuant to section 124.”
State of Iowa v. Donald Benjamin Earl Reed, 875 N.W.2d 693 (Iowa 2016).
· cites it 8× “, shall not be eligible for parole until the person has served a minimum period of confinement of one-third of the maximum indeterminate sentence prescribed by law.”
State v. Johnson, 630 N.W.2d 583 (Iowa 2001).
· cites it 22× “Although the parties in the case before us agree that no reduction is possible unless the prosecutor has first requested one based on the required cooperation, the parties disagree as to whether the court has power to exceed the level of reduction requested by the State.”
State v. Biddle, 652 N.W.2d 191 (Iowa 2002).
· cites it 6× “Iowa Code § 124.413 . Because the offense involved methamphetamine, Biddle was also subject to section 901.”
State v. Adams, 554 N.W.2d 686 (Iowa 1996).
· cites it 4× “The court also ordered Adams was not required to serve the mandatory one-third minimum sentence imposed by Iowa Code section 124.413. See Iowa Code § 901.10 (allowing sentence less than that provided by statute for first-time offenders under section 124.”
State v. Rodgers, 560 N.W.2d 585 (Iowa 1997).
· cites it 9× “Iowa Code § 124.413 . Defendant reasons that section 124.”
State v. Vanover, 559 N.W.2d 618 (Iowa 1997).
· cites it 4× “See Iowa Code § 124.413 . (Before trial, the State amended the trial information to include a habitual drug offender allegation against Vanover.”
State v. Simmons, 714 N.W.2d 264 (Iowa 2006).
· cites it 2× “However, the sentencing court is not allowed to reduce the sentence for a first conviction “if the sentence under section 124.413 involves an amphetamine or methamphetamine offense under section 124.”
— Iowa Code § 124.413(1) — 13 cases
State of Iowa v. Donald Benjamin Earl Reed, 875 N.W.2d 693 (Iowa 2016).
“, shall not be eligible for parole until the person has served a minimum period of confinement of one-third of the maximum indeterminate sentence prescribed by law.”
— Iowa Code § 124.413(3) — 8 cases
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.