If a person is sentenced for two or more separate offenses, the sentencing judge may order
the second or further sentence to begin at the expiration of the first or succeeding sentence. If
a person is sentenced for escape under section 719.4 or for a crime committed while confined
in a detention facility or penal institution, the sentencing judge shall order the sentence to
begin at the expiration of any existing sentence. If the person is presently in the custody
of the director of the Iowa department of corrections, the sentence shall be served at the
facility or institution in which the person is already confined unless the person is transferred
by the director. Except as otherwise provided in section 903A.7, if consecutive sentences are
specified in the order of commitment, the several terms shall be construed as one continuous
term of imprisonment.
[S13, §5718-a13; C24, 27, 31, 35, 39, §13961; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, §789.14;
C79, 81, §901.8]
83 Acts, ch 96, §126, 159; 97 Acts, ch 131, §1, 4
Referred to in §903.4
\n
Notes of Decisions
State v. Millsap, 704 N.W.2d 426 (Iowa 2005).
· cites it 14× “” Iowa Code § 901.8 (emphasis added). That prerequisite will not necessarily be met just because one offense mandates confinement, as we will explain.”
State v. Smith, 291 N.W.2d 25 (Iowa 1980).
· cites it 70× “We granted further review of a court of appeals decision involving interpretation of the mandatory consecutive sentence provision in section 901.8, The Code 1979. We disagree with that court’s interpretation; however, for a different reason we reach the same disposition as the…”
State v. Jones, 298 N.W.2d 296 (Iowa 1980).
· cites it 33× “Jones appeals, contending (1) the trial court was not required by section 901.8, The Code 1979, to impose a consecutive sentence for a crime committed while defendant was an escapee from the penitentiary, and (2) the consecutive sentence imposed by the court was cruel and…”
State v. Tate, 710 N.W.2d 237 (Iowa 2006).
· cites it 10× “See Iowa Code § 901.8 ("If a person is sentenced for escape under section 719.”
State v. Mott, 731 N.W.2d 392 (Iowa 2007).
· cites it 16× “Our analysis of whether Mott must be committed to the custody of the director of the Department of Corrections rather than imprisoned in the county jail under the circumstances of this case begins with section 901.8 (“consecutive sentences”). The statute provides, in relevant…”
State of Iowa v. Donald James Hill, 878 N.W.2d 269 (Iowa 2016).
· cites it 2× “§ 901.8 (“If a person is sentenced for two or more separate offenses, the sentencing judge may order the second or further sentence to begin at the expiration of the first .”
State v. Burtlow, 299 N.W.2d 665 (Iowa 1980).
· cites it 10× “No mention was made of section 901.8, which requires that a sentence for conviction of escape under section 719.”
State v. Knipe, 349 N.W.2d 770 (Iowa 1984).
· cites it 26× “Defendant contends the trial court erred in concluding that section 901.8 mandated imposition of a consecutive sentence under the circumstances of this case, and that the court therefore failed to exercise its sentencing discretion in imposing the consecutive sentence.”
Thompson v. State, 524 N.W.2d 160 (Iowa 1994).
· cites it 24× “See Iowa Code § 901.8 (1981); Iowa Code § 901.”
State of Iowa v. David Hal Calvin, 839 N.W.2d 181 (Iowa 2013).
· cites it 8× “(quoting Iowa Code § 901.8 ). We concluded the defendant had to serve his one-year sentence for assault causing bodily injury, a criminal offense, and his punishment for contempt separately in the county jail.”
State v. Taylor, 596 N.W.2d 55 (Iowa 1999).
· cites it 4× “To some extent Taylor seems to rely on Iowa Code section 901.8 which allows consecutive sentences only for separate crimes.”
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