A parole officer having probable cause to believe that any person released on parole has
violated the parole plan or the conditions of parole may arrest such person, or the parole
officer may make a complaint before a magistrate in the judicial district in which the person
is being supervised, charging such violation, and if it appears from such complaint, or from
affidavits filed with it, that there is probable cause to believe that such person has violated
the parole plan or the terms of parole, the magistrate shall issue a warrant for the arrest of
such person. If a parole officer has newly discovered evidence which indicates that a person
released on parole should not have been granted parole originally, the parole officer shall
present the evidence to the board of parole and the board may issue an order to rescind the
parole.
[C79, 81, §908.1]
88 Acts, ch 1091, §6; 2018 Acts, ch 1068, §1
\n
Notes of Decisions
Cited in
12
cases (
2 in the last 5 years), 1980–2026 · leading case:
Rhiner v. State, 703 N.W.2d 174 (Iowa 2005).
Rhiner v. State, 703 N.W.2d 174 (Iowa 2005).
· cites it 2× “This law essentially provides two methods to revoke parole. The first method is to hold a parole-revocation hearing before an administrative parole judge following an arrest based on probable cause of a violation of the conditions of parole.”
Larsson v. Iowa Bd. of Parole, 465 N.W.2d 272 (Iowa 1991).
· cites it 4× “Iowa Code § 908.1 . If the arrest is made by the officer without determination of probable cause by a magistrate, then section 908.”
State of Iowa v. Iowa Dist. Court for Black Hawk Cnty., 812 N.W.2d 1 (Iowa 2012).
· cites it 2× “If the controlled substance is marijuana and the person has been previously convicted of a violation of this subsection in which the controlled substance was marijuana, the punishment shall be as provided in section 908.1, subsection 1, paragraph “b ” [a serious misdemeanor].”
State v. Schmitt, 290 N.W.2d 24 (Iowa 1980).
“…The Code 1979, at 3608. Note, also, the Iowa Criminal Code now speaks of “arrest” of an alleged parole violator. § 908.1, The Code 1979.”
Brown v. State, 297 N.W.2d 101 (Iowa 1980).
“A warrant was issued under sections 908.1 and .11 for his arrest for probation violation.”
Patrick Conner, Applicant-Appellant v. State of Iowa (Iowa Ct. App. 2015).
· cites it 4× “Iowa Code § 908.1 (2007). 7 In October 2007, parole officer Lauterbach filed a preliminary parole violation information, stating, “The defendant is accused of the violation of conditions of parole established under Sections 906.”
State of Iowa v. Randy Lee Barnes Jr. (Iowa Ct. App. 2017).
· cites it 2× “See Iowa Code § 908.1 . If the sentences were to be served consecutively, Barnes’s sentence would be a thirty-year term, substantially greater than the ten years stated by the court.”
State of Iowa v. Terrance Martice Miller (Iowa Ct. App. 2026).
· cites it 2× “Rather, he argues that his status did not constitute “confinement” under section 908.1. Miller advocates for a literal interpretation of that term, contending “the Jones ruling now stands in contradiction to more recent precedent.”
State of Iowa v. Patrick Neill Moreno Sr. (Iowa Ct. App. 2015).
· cites it 2× “Similarly, we have held the mandatory consecutive sentencing provisions of section 908.1 to be applicable to persons on work release.”
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