Iowa Code
Iowa Code § 229.37 (2026)
Habeas corpus
✓ current as of July 2026
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All persons confined as seriously mentally impaired shall be entitled to the benefit of the writ of habeas corpus, and the question of serious mental impairment shall be decided at the hearing. If the judge shall decide that the person is seriously mentally impaired, such decision shall be no bar to the issuing of the writ a second time, whenever it shall be alleged that such person is no longer seriously mentally impaired. [R60, §1441; C73, §1444; C97, §2306; C24, 27, 31, 35, 39, §3577; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §229.37] Constitutional provision, Iowa Constitution, Art. I, §13 Habeas corpus, chapter 663
\nNotes of Decisions
Cited in 19
cases (2 in the last 5 years), 1949–2026 · leading case: B.A.A. v. Chief Med. Officer, Univ. of Iowa Hospitals, 421 N.W.2d 118 (Iowa 1988).
B.A.A. v. Chief Med. Officer, Univ. of Iowa Hospitals, 421 N.W.2d 118 (Iowa 1988). “at § 229.37. 3 After granting the temporary injunction, the district court held a hearing on the habeas corpus petition.”
In the Matter of L.H., Alleged to Be Seriously Mentally Impaired, L.H., 890 N.W.2d 333 (Iowa Ct. App. 2016). “did not expressly assign the burden of proving the need for a continued commitment under section 229.37, the supreme court implied the chief medical officer, represented by the State, must establish the elements of serious mental impairment.”
Hiatt v. Soucek, 36 N.W.2d 432 (Iowa 1949). “That an immediate hearing be had to determine the present sanity or insanity” of plaintiff “as is provided by * * * section 229.37, Code of 1946”; and “2. That if plaintiff, on such hearing, is .”
In Re Melodie L., 591 N.W.2d 4 (Iowa 1999). “§ 229.37. This entitles a patient to a hearing before a district judge to challenge “the question of serious mental impairment” during the course of confinement.”
In re B.T.G., 784 N.W.2d 792 (Iowa Ct. App. 2010). “2d 4, 9 (Iowa 1999); Iowa Code §§ 229.37 , 229.31-36. However, since the supreme court’s decision in Melodie L.”
Hansen v. Haugh, 149 N.W.2d 169 (Iowa 1967). “Section 229.37; Hiatt v. Soucek, 240 Iowa 300, 304 , 36 N.”
State v. Allan, 166 N.W.2d 752 (Iowa 1969). “Code section 229.37 provides in part: “All persons confined as insane shall be entitled to the benefit of the writ of habeas corpus, and the question of insanity shall be decided at the hearing.”
In the Matter of R.M.d, Alleged to Be Seriously Mentally Impaired, R.M.d (Iowa Ct. App. 2016). “Iowa Code § 229.37 . R.M.D. fell squarely within the ambit of this provision.”
Zellmer v. Catlin, 114 N.W.2d 925 (Iowa 1962). “Proceedings for a writ of habeas corpus under section 229.37, Code, 1958, seeking the release of plaintiff from State Hospital for the mentally ill at Clarinda, Iowa.”
Keever v. Bainter, 186 N.W.2d 133 (Iowa 1971). “On February 5, 1970 another attorney was appointed to represent Miss Keever and a habeas corpus proceeding was started as authorized by Code section 229.37 which provides: "Habeas corpus.”
Prochaska v. Brinegar, 102 N.W.2d 870 (Iowa 1960). “Assuming that appellant is entitled to proceed under chapter 663, rather than under section 229.37, two propositions are of paramount importance: Jurisdiction of the Board of Insanity Commissioners over the subject matter and person of the appellant, and, was appellant accorded…”
State v. Jackson, 108 N.W.2d 62 (Iowa 1961). “Burris had a remedy, provided by Code section 229.37. This gives one confined as insane the right to the writ of habeas corpus, and says “and the question of insanity shall be decided at the hearing.”
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