1. The district court may grant by appropriate order to any person sentenced to a county jail the privilege of a sentence to accommodate the work schedule of the person or the privilege of leaving the jail at necessary and reasonable hours for any of the following purposes:
a. Seeking employment.
b. Working at the person’s employment.
c. Conducting the person’s own business or other self-employed occupation, including housekeeping and attending to family needs.
d. Attendance at an educational institution.
e. Medical treatment.
2. All released prisoners shall remain, while absent from the jail, in the legal custody of the sheriff, and shall be subject, at any time, to being taken into custody and returned to the jail.
3. The district court may also grant by order to any person held in a county jail the privilege of in-home detention if the county sheriff has certified to the court that the jail has an in-home detention program. [C66, 71, 73, 75, 77, 79, 81, §356.26] 88 Acts, ch 1105, §1; 90 Acts, ch 1251, §36; 91 Acts, ch 267, §413; 92 Acts, ch 1071, §1; 2010 Acts, ch 1061, §180 Referred to in §356.7, 356.28, 356.29, 356.30, 356.33, 356A.4, 903.3\n\nTue Dec 09 22:14:20 2025 Iowa Code 2026, Chapter 356 (26, 0) §356.27, JAILS AND MUNICIPAL HOLDING FACILITIES 8 \n
Notes of Decisions
State v. Eads, 234 N.W.2d 108 (Iowa 1975).
· cites it 5× “May 11, 1973 he made application for work release pursuant to what is now §§ 356.26 through 356.36, The Code. A district court order entered the same date provided Shehorn “be given opportunity to be released for employment and work release under the provisions of the Iowa law…”
State v. Shield, 368 N.W.2d 721 (Iowa 1985).
· cites it 4× “Among other provisions, section 356.26 authorizes the district court to grant a person sentenced to a county jail the privilege of leaving the jail “at necessary and reasonable hours” to work at the person’s employment.”
State v. Callaway, 268 N.W.2d 841 (Iowa 1978).
“This handling of prisoners was in apparent violation of §§ 356.26, 356.27, The Code. The State also offered evidence relating to defendant’s striking of a 15-year old girl who had been apprehended after running away from Quakerdale, his kicking and hitting of a handcuffed boy…”
State v. Dailey, 774 N.W.2d 316 (Iowa Ct. App. 2009).
“§ 356.26 (permitting “intermittent sentencing” whereby the district court may allow persons sentenced to county jail to leave jail for certain purposes, such as work, school, or medical treatment).”
City of Cedar Rapids v. Klees, 201 N.W.2d 920 (Iowa 1972).
“Code, 1971, § 356.26. Defendant then appealed to this court, contending that his allegedly harsher sentence in district court is a violation of his constitutional rights.”
State of Iowa v. Troy Steven Utech, 918 N.W.2d 501 (Iowa Ct. App. 2018).
· cites it 4× “As for the legality of his sentence, because the district court had authority to grant in-home detention under Iowa Code section 356.26 (2016), we uphold the electronic monitoring provision.”
State of Iowa v. Victor Wayne Jamison (Iowa Ct. App. 2017).
· cites it 2× “The court sentenced Jamison to ninety days in jail, with credit for time served. The court determined Jamison could leave jail to accommodate his work 1 The plea agreement also encompassed all other mandatory minimum sentences.”
— Iowa Code § 356.26(1) — 1 case
State v. Shield, 368 N.W.2d 721 (Iowa 1985).
“Among other provisions, section 356.26 authorizes the district court to grant a person sentenced to a county jail the privilege of leaving the jail “at necessary and reasonable hours” to work at the person’s employment.”
— Iowa Code § 356.26(3) — 1 case
State of Iowa v. Troy Steven Utech, 918 N.W.2d 501 (Iowa Ct. App. 2018).
“As for the legality of his sentence, because the district court had authority to grant in-home detention under Iowa Code section 356.26 (2016), we uphold the electronic monitoring provision.”
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