1. An inmate shall not be discharged from the custody of the director of the Iowa department of corrections until the inmate has served the full term for which the inmate was sentenced, less earned time and other credits earned and not forfeited, unless the inmate is pardoned or otherwise legally released. Earned time accrued and not forfeited shall apply to reduce a mandatory minimum sentence being served pursuant to section 124.406, 124.413, or 902.8A. An inmate shall be deemed to be serving the sentence from the day on which the inmate is received into the institution. If an inmate was confined to a county jail, municipal holding facility, or other correctional or mental facility at any time prior to sentencing, or after sentencing but prior to the case having been decided on appeal, because of failure to furnish bail or because of being charged with a nonbailable offense, the inmate shall be given credit for the days already served upon the term of the sentence. However, if a person commits any offense while confined in a county jail, municipal holding facility, or other correctional or mental health facility, the person shall not be granted credit for that offense. Unless the inmate was confined in a correctional facility, the sheriff of the county in which the inmate was confined or the officer in charge of the municipal holding facility in which the inmate was confined shall certify to the clerk of the district court from which the inmate was sentenced and to the department of corrections’ records administrator at the Iowa medical and classification center the number of days so served. The department of corrections’ records administrator, or the administrator’s designee, shall apply credit as ordered by the court of proper jurisdiction or as authorized by this section and section 907.3, subsection 3.
2. An inmate shall not receive credit upon the inmate’s sentence for time spent in custody in another state resisting return to Iowa following an escape. However, an inmate may receive credit upon the inmate’s sentence while incarcerated in an institution or jail of another jurisdiction during any period of time the person is receiving credit upon a sentence of that other jurisdiction. 83 Acts, ch 147, §6, 14, 15; 90 Acts, ch 1168, §61; 95 Acts, ch 91, §8; 99 Acts, ch 12, §18; 99 Acts, ch 182, §4; 2000 Acts, ch 1173, §7, 10; 2000 Acts, ch 1204, §1; 2006 Acts, ch 1183, §23; 2011 Acts, ch 22, §3; 2011 Acts, ch 131, §77, 158; 2024 Acts, ch 1063, §1 Referred to in §822.2, 901.6 \n
Notes of Decisions
Michael Anderson v. State of Iowa, 801 N.W.2d 1 (Iowa 2011).
· cites it 13× “Anderson argues both Iowa Code sections 903A.5(1) and 907.3(3) entitle him to receive credit for time served under electronic monitoring and home supervision.”
State of Iowa v. Brett Calvin Hensley, 911 N.W.2d 678 (Iowa 2018).
· cites it 22× “The court of appeals noted that section 903A.5 only provides credit for confinement "at any time prior to sentencing, or after sentencing but prior to the case having been decided on appeal.”
Kris Kolzow v. State of Iowa, 813 N.W.2d 731 (Iowa 2012).
· cites it 11× “Iowa Code § 903A.5. The defendant’s jail time must be “on account of the offense for which the defendant is convicted.”
State v. Harrison, 468 N.W.2d 215 (Iowa 1991).
· cites it 20× “See Iowa Code § 903A.5. In his motion Harrison alleged he should be given credit from May 26, 1988.”
State v. Hawk, 616 N.W.2d 527 (Iowa 2000).
· cites it 8× “Iowa Code § 903A.5. Thus the inmate receives the benefit of credit for all time served under the sentence and that credit is “incorporated” into the sentence in accordance with section 901.”
Shannon Breeden & Laura Hochmuth v. Iowa Dep't of Corr., 887 N.W.2d 602 (Iowa 2016).
· cites it 2× “Baldwin further noted that under Iowa Code section 903A.5(1), the IDOC could only apply earned-time credit that was “authorized,” and “there [was] no statutory authorization for the IDOC to apply a different rate” than fifteen eighty-fifths per day for a category “B” sentence.”
State of Iowa v. Arzel Jones, 817 N.W.2d 11 (Iowa 2012).
· cites it 2× “See Iowa Code § 903A.5 (2007). It is, however, an issue of the defendant serving additional time in the county jail instead of the state prison, where he or she could participate in certain prison programs.”
State v. Eckrich, 670 N.W.2d 647 (Iowa Ct. App. 2003).
· cites it 6× “Eck-rich claims the court failed to follow Iowa Code section 903A.5 by denying him credit for two days of time served following his initial arrest.”
— Iowa Code § 903A.5(1) — 24 cases
Michael Anderson v. State of Iowa, 801 N.W.2d 1 (Iowa 2011).
“Anderson argues both Iowa Code sections 903A.5(1) and 907.3(3) entitle him to receive credit for time served under electronic monitoring and home supervision.”
State of Iowa v. Brett Calvin Hensley, 911 N.W.2d 678 (Iowa 2018).
“The court of appeals noted that section 903A.5 only provides credit for confinement "at any time prior to sentencing, or after sentencing but prior to the case having been decided on appeal.”
— Iowa Code § 903A.5(2) — 3 cases
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