Iowa Code

Iowa Code § 901.2 (2026)

Presentence investigation

✓ current as of July 2026
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1. Upon a plea of guilty, a verdict of guilty, or a special verdict upon which a judgment of conviction of a public offense may be rendered, the court shall receive from the state, from the judicial district department of correctional services, and from the defendant any information which may be offered which is relevant to the question of sentencing. The court may consider information from other sources. 2. a. The court shall not order a presentence investigation when the offense is a class “A” felony. If, however, the board of parole determines that the Iowa medical and classification center reception report for a class “A” felon is inadequate, the board may request and shall be provided with additional information from the appropriate judicial district department of correctional services. b. The court shall order a presentence investigation when the offense is a class “B”, class “C”, or class “D” felony. A presentence investigation for a class “B”, class “C”, or class “D” felony shall not be waived. The court may order, with the consent of the defendant, that the presentence investigation begin prior to the acceptance of a plea of guilty, or prior to a verdict of guilty. c. The court may order a presentence investigation when the offense is an aggravated misdemeanor. d. The court may order a presentence investigation when the offense is a serious misdemeanor only upon a finding of exceptional circumstances warranting an investigation. Notwithstanding section 901.3, a presentence investigation ordered by the court for a serious misdemeanor shall include information concerning only the following: (1) A brief personal and social history of the defendant. (2) The defendant’s criminal record. (3) The harm to the victim, the victim’s immediate family, and the community, including any completed victim impact statement or statements and restitution plan. 3. The court may withhold execution of any judgment or sentence for such time as shall be reasonably necessary for an investigation with respect to deferment of judgment, deferment of sentence, or suspension of sentence and probation. The investigation shall be made by the judicial district department of correctional services. 4. The purpose of the report by the judicial district department of correctional services is to\n\nTue Dec 09 21:52:34 2025 Iowa Code 2026, Chapter 901 (36, 0) §901.2, JUDGMENT AND SENTENCING PROCEDURES 2\n\nprovide the court pertinent information for purposes of sentencing and to include suggestions for correctional planning for use by correctional authorities subsequent to sentencing. [S13, §5447-a; C24, 27, 31, 35, 39, §3800; C46, 50, 54, 58, 62, 66, 71, 73, §247.20; C75, 77, §789A.3; C79, 81, §901.2] 83 Acts, ch 38, §2; 84 Acts, ch 1126, §1; 89 Acts, ch 156, §2; 90 Acts, ch 1251, §62; 94 Acts, ch 1099, §1; 99 Acts, ch 12, §12; 2000 Acts, ch 1122, §2; 2013 Acts, ch 30, §257; 2013 Acts, ch 90, §240; 2023 Acts, ch 86, §10 Referred to in §903B.10, 907.3A

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Notes of Decisions
Cited in 60 cases (15 in the last 5 years), 1979–2026 · leading case: State of Iowa v. Andrew James Lopez, 872 N.W.2d 159 (Iowa 2015).
State of Iowa v. Andrew James Lopez, 872 N.W.2d 159 (Iowa 2015). · cites it 5× “The State argues the prosecutor’s actions were permitted by Iowa Code sections 901.2 and 901.5, which, as noted above, permit the State to introduce evidence pertinent to sentencing.”
State of Iowa v. Shaunta Rose Hopkins, 860 N.W.2d 550 (Iowa 2015). · cites it 4× “See Iowa Code § 901.2 (limiting an order for a PSI report “[u]pon a plea of guilty, a verdict of guilty, or a special verdict”).”
State of Iowa v. Evan Paul Headley, 926 N.W.2d 545 (Iowa 2019). · cites it 2× “' " (quoting Iowa Code § 901.2 (current with 2018 Code))).”
State v. Hildebrand, 280 N.W.2d 393 (Iowa 1979). · cites it 4× “Section 901.2 provides: Upon a plea of guilty .”
State v. Boltz, 542 N.W.2d 9 (Iowa Ct. App. 1995). · cites it 2× “See also Iowa Code §§ 901.2 , 901.3 (1993). Boltz first argues the district court abused its discretion by failing to consider all the relevant circumstances of the case.”
State v. Peters, 525 N.W.2d 854 (Iowa 1994). · cites it 4× “See Iowa Code § 901.2 (presentence investigation discretionary with the court when the offense is aggravated or serious misdemeanor).”
State v. Sailer, 587 N.W.2d 756 (Iowa 1998). · cites it 2× “See Iowa Code §§ 901.2 , .5. The statement that the court considered “the amount of the financial loss to the victim” does not prove the court relied on unproven offenses in formulating the sentence.”
State v. Ashley, 462 N.W.2d 279 (Iowa 1990). · cites it 3× “Under section 901.2, the State is required to provide the court with “any information which may be offered which is relevant to the question of sentencing.”
State v. Brown, 518 N.W.2d 351 (Iowa 1994). · cites it 8× “” Iowa Code § 901.2 (last unnumbered paragraph).”
State v. McKeever, 276 N.W.2d 385 (Iowa 1979). · cites it 2× “Such determinations are to be made after a pre-sentence investigation and review of any other relevant information pertaining to disposition, as provided in section 901.2, Code Supp.1977. To advise the defendant at the time of arraignment of the disposition to be made at time of…”
State v. Phillips, 561 N.W.2d 355 (Iowa 1997). · cites it 3× “§ 901.2. After the presentence investigation was completed, the investigator submitted a report recommending that defendant Phillips be sentenced to ten years in prison.”
State v. Morris, 416 N.W.2d 688 (Iowa 1987). · cites it 2× “” Iowa Code § 901.2 . Section 901.8 provides that “[i]f consecutive sentences are specified in the order of commitment, the several terms shall be construed as one continuous term of imprisonment.”
— Iowa Code § 901.2(1) — 7 cases
State of Iowa v. Quincy Thomas Ross, 922 N.W.2d 106 (Iowa Ct. App. 2018).
State of Iowa v. Sean David Gordon, 919 N.W.2d 635 (Iowa Ct. App. 2018).
State of Iowa v. Jay E. Denton (Iowa Ct. App. 2017).
State of Iowa v. Montez Guise (Iowa Ct. App. 2018).
— Iowa Code § 901.2(2)(b) — 7 cases
State of Iowa v. Stephen Joseph Wink (Iowa Ct. App. 2022).
— Iowa Code § 901.2(4) — 2 cases
State of Iowa v. Sean David Gordon, 919 N.W.2d 635 (Iowa Ct. App. 2018).
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.