Iowa Code

Iowa Code § 904.702 (2026)

Deductions from inmate accounts

✓ current as of July 2026

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1. If allowances are paid pursuant to section 904.701, the director shall establish an inmate account, for deposit of those allowances and for deposit of moneys sent to the inmate from a source other than the department of corrections. The director may deduct an amount, not to exceed ten percent of the amount of the allowance, unless the inmate requests a larger amount, to be deposited into the inmate savings fund as required under section 904.508, subsection 2. In addition to deducting a portion of the allowance, the director may also deduct from an inmate account any amount, except amounts directed to be deposited in the inmate telephone fund established in section 904.508A, sent to the inmate from a source other than the department of corrections for deposit in the inmate savings fund as required under section \n Tue Dec 09 21:52:30 2025 Iowa Code 2026, Chapter 904 (79, 3) §904.702, DEPARTMENT OF CORRECTIONS 36\n\n904.508, subsection 2, until the amount in the fund equals the amount due the inmate upon discharge, parole, or placement on work release. The director shall deduct from the inmate account an amount the inmate is legally obligated to pay for child support. The director shall deduct from the inmate account an amount established by the inmate’s restitution plan of payment. The director shall also deduct from any remaining account balance an amount sufficient to pay all or part of any judgment against the inmate, including but not limited to judgments for taxes and child support, and court costs and fees assessed either as a result of the inmate’s confinement or amounts required to be paid under section 610A.1. Written notice of the amount of the deduction shall be given to the inmate, who shall have five days after receipt of the notice to submit in writing any and all objections to the deduction to the director, who shall consider the objections prior to transmitting the deducted amount to the clerk of the district court. The director need give only one notice for each action or appeal under section 610A.1 for which periodic deductions are to be made. The director shall next deduct from any remaining account balance an amount sufficient to pay all or part of any costs assessed against the inmate for misconduct or damage to the property of others. The director may deduct from the inmate’s account an amount sufficient to pay for the inmate’s share of the costs of health services requested by the inmate and for the treatment of injuries inflicted by the inmate on the inmate or others. The director may deduct and disburse an amount sufficient for industries’ programs to qualify under the eligibility requirements established in the Justice Assistance Act of 1984, Pub. L. No. 98-473, including an amount to pay all or part of the cost of the inmate’s incarceration. The director may pay all or any part of remaining allowances paid pursuant to section 904.701 directly to a dependent of the inmate, or may deposit the allowance to the account of the inmate, or may deposit a portion and allow the inmate a portion for the inmate’s personal use.

2. The director and the department shall not be liable to any person for any damages caused by the withdrawal or failure to withdraw money or the payment or failure to make any payment under this section. 83 Acts, ch 96, §34, 159 CS83, §217A.47 85 Acts, ch 21, §24, 54; 85 Acts, ch 195, §24 CS85, §246.702 87 Acts, ch 13, §3; 88 Acts, ch 1166, §1; 91 Acts, ch 219, §10 C93, §904.702 95 Acts, ch 167, §6; 96 Acts, ch 1165, §3; 2003 Acts, 1st Ex, ch 2, §59, 209; 2006 Acts, ch 1183, §25 Referred to in §610A.1, 610A.3, 822.2, 904.508, 915.83 \n

Notes of Decisions

Cited in 27 cases (4 in the last 5 years), 1994–2026 · leading case: State Ex Rel. Lankford v. Allbee, 544 N.W.2d 639 (Iowa 1996).

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State Ex Rel. Lankford v. Allbee, 544 N.W.2d 639 (Iowa 1996). · cites it 26× “See Iowa Code § 904.702 (1993). We reject this argument.”

State v. Love, 589 N.W.2d 49 (Iowa 1998). · cites it 20× “Love also briefly challenges that he was not given notice of the deductions and an opportunity to object under Iowa Code § 904.702 (1997). The notice provisions became effective on July.”

Goodrich v. State, 608 N.W.2d 774 (Iowa 2000). · cites it 12× “” Iowa Code § 904.702 (emphasis added). But before the department may make the deduction, it must give the inmate “[wjritten notice of the amount of the deduction.”

Montanez v. Sec'y Pennsylvania Dep't of Corr., 773 F.3d 472 (3rd Cir. 2014). · cites it 2× “” Iowa Code § 904.702 (1); see also Walters v.”

Walters v. Grossheim, 525 N.W.2d 830 (Iowa 1994). · cites it 4× “First, Iowa Code section 904.702 specifically authorizes deductions from prison wages (known as "gratuitous allowances").”

Commonwealth Dep't of Corr. v. Tate, 133 A.3d 350 (Pa. Commw. Ct. 2016). “We also do not mean to suggest that inmates must have an opportunity to be heard prior to each deduction.”

Henry E. Parrish Yvonne L. Parrish v. Donald Mallinger Richard Larkin Crispus Nix, 133 F.3d 612 (8th Cir. 1998). “That decision was later adopted by the Iowa Legislature and incorporated into a 1995 statute, Iowa Code § 904.702 . Parrish argues that this case is factually different than Mahers v.”

State v. Van Hoff, 528 N.W.2d 99 (Iowa 1995). · cites it 2× “We made the following three observations in Walters about the restitution scheme under review: (1) that Iowa Code section 904.702 specifically authorizes deductions for restitution from inmates’ prison allowances; (2) that a general obligation to make restitution, applicable to…”

Montanez v. Sec'y Pennsylvania Dep't of Corr., 763 F.3d 257 (3rd Cir. 2014). · cites it 2× “” Iowa Code § 904.702 (1); see also Walters v.”

State of Iowa v. Archie Robert Bear (Iowa Ct. App. 2016). · cites it 8× “” Iowa Code § 904.702 (1). We agree with Bear these funds are the prisoner’s personal property, and a hearing must be held before the DOC may remove any money so as to satisfy due process.”

Ronald Mahers v. Sally C. Halford, 76 F.3d 951 (8th Cir. 1996). · cites it 2× “See Iowa Code § 904.702 (West Supp. 1995). In compliance with the district court's order, after June 30, 1994, the defendants ceased making deductions from funds received from outside sources.”

State of Iowa v. Ronald Richard Pagliai (Iowa 2026). · cites it 4× “Postconviction relief is not available to challenge any “alleged error relating to restitution, court costs, or fees under [Iowa Code] section 904.702 or chapter 815 or 910.” Iowa Code § 822.”

Show all 27 citing cases →

— Iowa Code § 904.702(1) — 4 cases

State of Iowa v. Archie Robert Bear (Iowa Ct. App. 2016). “” Iowa Code § 904.702 (1). We agree with Bear these funds are the prisoner’s personal property, and a hearing must be held before the DOC may remove any money so as to satisfy due process.”

State of Iowa v. Steven Dale Bradley (Iowa Ct. App. 2017).

Alf Freddy Clark, Applicant-Appellant v. State of Iowa (Iowa Ct. App. 2017).

State of Iowa v. David Lee Hering (Iowa Ct. App. 2020).

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