Iowa Code

Iowa Code § 356.47 (2026)

Sentence suspended

✓ Iowa Code 2026 (laws through the 2025 session)
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A judge who sentences a person to the county jail or other detention facility pursuant to this chapter, may suspend any part of such sentence and place such person on probation, upon such terms and conditions as the sentencing judge may direct, after such person has served that part of the person’s sentence which was not suspended. [C73, 75, 77, 79, 81, §356.47]

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Notes of Decisions
Cited in 7 cases, 1977–2019 · leading case: State v. Glenn, 431 N.W.2d 193 (Iowa Ct. App. 1988).
State v. Glenn, 431 N.W.2d 193 (Iowa Ct. App. 1988). · cites it 4× “Iowa Code § 356.47 . The lower court placed defendant on probation for two years.”
State v. Dailey, 774 N.W.2d 316 (Iowa Ct. App. 2009). · cites it 8× “Iowa Code § 356.47 (emphasis added). Our supreme court has approved split sentences of incarceration and probation under this provision where the probation begins after the term of incarceration has been served.”
State v. Steuk, 368 N.W.2d 171 (Iowa 1985). · cites it 8× “-1(2) permits a judge to give a person a determinate sentence of one year or less, that section 903.”
Linn Cnty. Sheriff v. Iowa Dist. Court for Linn Cnty., 545 N.W.2d 296 (Iowa 1996). · cites it 2× “See Iowa Code § 356.47 . The sentencing order also had the following provision: “Mittimus is withheld until the defendant can make arrangements with the Linn County jail to enter into the work release program.”
State v. Harris, 251 N.W.2d 483 (Iowa 1977). “A legislature may, of course, authorize confinement in a probation statute, but then the legislature has in effect authorized lesser punishment than *484 the regular punishment for the crime, in the event of probation.”
State v. Shield, 368 N.W.2d 721 (Iowa 1985). “See § 356.47; Erickson, 362 N.W.2d at 534 . The trial court originally sentenced defendant to serve 120 days in the county jail, suspended all but thirty days of that term, placed defendant on probation for two years, and fined him $500.”
State of Iowa v. David Person, No. 18-0676 (Iowa Ct. App. Feb. 6, 2019). · cites it 2× “Although Iowa Code section 356.47 allows for Person to be placed “on probation, upon such terms and conditions as the sentencing judge may direct,” we find no provision in the code authorizing payment for a probationary fee to a county sheriff.”
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