Iowa Code

Iowa Code § 811.1 (2026)

Bail and bail restrictions

✓ current as of July 2026

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1. For purposes of this section: a. “Assault” means the same as defined in section 708.1. b. “Charged” means the same as “charge” as defined in section 801.4. c. “Felonious assault upon an officer” means the defendant committed an assault, for which the penalty is a felony, with the knowledge the person against whom the felonious assault was committed was a peace officer or correctional officer, acting in the peace officer’s or correctional officer’s official capacity. d. “Peace officer” means the same as defined in section 801.4. 2. All defendants are bailable both before and after conviction, by sufficient surety, or subject to release upon condition or on their own recognizance, except that the following defendants shall not be admitted to bail: a. A defendant charged with murder in the first degree of a peace officer in violation of section 707.2, if the murder in the first degree was committed with the knowledge the person against whom the murder was committed was a peace officer or correctional officer, acting in the peace officer’s or correctional officer’s official capacity. b. A defendant awaiting judgment of conviction and sentencing following either a plea or verdict of guilty of a class “A” felony; forcible felony as defined in section 702.11; a felonious assault upon an officer; any class “B” felony included in section 462A.14 or 707.6A; any felony included in section 124.401, subsection 1, paragraph “a” or “b”; a second or subsequent offense under section 124.401, subsection 1, paragraph “c”; any public offense committed while detained pursuant to section 229A.5; or any public offense committed while subject to an order of commitment pursuant to chapter 229A. c. A defendant appealing a conviction of a class “A” felony; forcible felony as defined in section 702.11; a felonious assault upon an officer; any class “B” or “C” felony included in section 462A.14 or 707.6A; any felony included in section 124.401, subsection 1, paragraph “a” or “b”; or a second or subsequent conviction under section 124.401, subsection 1, paragraph “c”; any public offense committed while detained pursuant to section 229A.5; or any public offense committed while subject to an order of commitment pursuant to chapter 229A. d. Notwithstanding paragraphs “b” and “c”, a defendant awaiting judgment of conviction and sentencing following either a plea or verdict of guilty of, or appealing a conviction of, any felony offense included in section 708.11, subsection 3, or a felony offense under chapter 124 not provided for in paragraph “b” or “c”, is presumed to be ineligible to be admitted to bail unless the court determines that such release reasonably will not result in the person failing to appear as required and will not jeopardize the personal safety of another person or persons. [C51, §3211 – 3213; R60, §4885, 4962; C73, §3845, 4107, 4511; C97, §5096, 5442; S13, §5096; C24, 27, 31, 35, 39, §13609, 13610, 13966; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §763.1, 763.2, 789.19; C79, 81, §811.1; 82 Acts, ch 1236, §1] 89 Acts, ch 138, §4, 5; 90 Acts, ch 1251, §61; 92 Acts, ch 1179, §2; 94 Acts, ch 1093, §6; 95 Acts, ch 87, §1; 97 Acts, ch 177, §30; 98 Acts, ch 1138, §27; 99 Acts, ch 12, §10; 99 Acts, ch 71,\n\nTue Dec 09 21:53:46 2025 Iowa Code 2026, Chapter 811 (29, 0) §811.1, PRETRIAL AND POST-TRIAL RELEASE — BAIL 2\n\n§1; 99 Acts, ch 123, §1; 2000 Acts, ch 1099, §10; 2002 Acts, ch 1139, §22, 27; 2011 Acts, ch 22, §1; 2012 Acts, ch 1021, §117; 2013 Acts, ch 30, §255; 2023 Acts, ch 86, §9; 2024 Acts, ch 1127, §5; 2024 Acts, ch 1154, §25 Referred to in §124.416, 229A.5C, 232.44, 805.1, 811.2, 811.5 Bail bonds, see R.Cr.P. 2.37 – Form 1

Notes of Decisions

Cited in 32 cases (4 in the last 5 years), 1978–2025 · leading case: Robert Krogmann v. State of Iowa, 914 N.W.2d 293 (Iowa 2018).

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Robert Krogmann v. State of Iowa, 914 N.W.2d 293 (Iowa 2018). · cites it 6× “”); Iowa Code § 811.1 (providing “[a]ll defendants are bailable both before and after conviction, by sufficient surety, or subject to release upon condition or on their own recognizance,” except for defendants awaiting judgment of conviction and sentencing following a plea or…”

Emery v. Fenton, 266 N.W.2d 6 (Iowa 1978). · cites it 17× “He also filed a motion for admission to bail in which he alleged he was bailable under § 811.1, The Code, 1977 Supp. The State resisted the motion, and subsequently Judge Fenton overruled it.”

State v. Briggs, 666 N.W.2d 573 (Iowa 2003). · cites it 8× “See Iowa Code §§ 811.1 -.12. Most importantly, Briggs' bail was apparently considered and reconsidered in light of the provisions of Iowa Code section 811.”

State v. Formaro, 638 N.W.2d 720 (Iowa 2002). · cites it 2× “2d 149, 150 (Iowa 1996); see also Iowa Code § 811.1 (bail on appeal is not permitted for certain criminal cases).”

Atwood v. Vilsack, 725 N.W.2d 641 (Iowa 2006). · cites it 4× “5 or while subject to an order of civil commitment shall not be eligible for bail pursuant to section 811.1. 2 The petitioners urge us to interpret section 229A.”

State v. Anderson, 338 N.W.2d 372 (Iowa 1983). · cites it 10× “These consolidated appeals present the issue of whether the amendment to Iowa Code section 811.1 (1981), contained in 1982 Iowa Acts chapter 1236, section 1, and effective July 1, 1982, is applicable in determining the right to bail for appellants admitted to bail on appeal…”

State v. Dohlman, 725 N.W.2d 428 (Iowa 2006). · cites it 2× “See Iowa Code § 811.1 (2) (providing a defendant appealing a conviction for a class “B” felony under section 707.”

State v. Jackson, 488 N.W.2d 701 (Iowa 1992). · cites it 12× “The wording of section 811.1 reaffirms this view. It provides that "[a]ll defendants are bailable both before and after conviction" except for several narrowly defined crimes, including class "A" felonies.”

State v. Adams, 554 N.W.2d 686 (Iowa 1996). · cites it 2× “The clear wording of the statute belies such an intent: Except for an offense for which an accused would not be eligible for bail under section 811.1, ... a peace officer having grounds to make an arrest may issue a citation in lieu of making an arrest without a warrant or, if a…”

State v. Iowa Dist. Court for Scott Cnty., 508 N.W.2d 692 (Iowa 1993). · cites it 8× “Iowa Code section 811.1 (1991) states in pertinent part: All defendants are bailable .”

State v. Ceron, 573 N.W.2d 587 (Iowa 1997). · cites it 2× “Except for nonbailable offenses (Iowa Code section 811.1) and stalking offenses (Iowa Code section 708.”

State v. Costello, 489 N.W.2d 735 (Iowa 1992). · cites it 2× “Iowa Code § 811.1 . If a defendant fails to appear as lawfully required, the defendant’s bail may be forfeited and judgment entered for the amount of the bail.”

Show all 32 citing cases →

— Iowa Code § 811.1(1) — 2 cases

State of Iowa v. Tavish Coleon Shackford (Iowa 2020).

Mark Dotson, Applicant-Appellee v. State of Iowa (Iowa Ct. App. 2016).

— Iowa Code § 811.1(2) — 6 cases

State v. Anderson, 338 N.W.2d 372 (Iowa 1983). “These consolidated appeals present the issue of whether the amendment to Iowa Code section 811.1 (1981), contained in 1982 Iowa Acts chapter 1236, section 1, and effective July 1, 1982, is applicable in determining the right to bail for appellants admitted to bail on appeal…”

Summage v. State, 579 N.W.2d 821 (Iowa 1998).

State v. Iowa Dist. Court for Scott Cnty., 508 N.W.2d 692 (Iowa 1993). “Iowa Code section 811.1 (1991) states in pertinent part: All defendants are bailable .”

State of Iowa v. Mohamed Said Diriye (Iowa Ct. App. 2020).

State v. Long, 490 N.W.2d 52 (Iowa 1992).

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