1. An officer making an arrest of an alleged parole violator shall take the arrested person before a magistrate without unnecessary delay for an initial appearance. At the initial appearance the magistrate shall do all of the following:
a. Provide written notice of the claimed violation.
b. Provide notice that a parole revocation hearing will take place and that its purpose is to determine whether the alleged parole violation occurred and whether the alleged violator’s parole should be revoked.
c. Advise the alleged parole violator of the right to request an appointed attorney.
2. The magistrate may order the alleged parole violator confined in the county jail or may order the alleged parole violator released on bail under terms and conditions as the magistrate may require. Admittance to bail is discretionary with the magistrate and is not a matter of right. A person for whom bail is set may make application for amendment of bail to a district judge or district associate judge having jurisdiction to amend the order. The motion shall be promptly set for hearing and a record shall be made of the hearing. [C79, 81, §908.2] 84 Acts, ch 1089, §1; 88 Acts, ch 1091, §7; 2002 Acts, ch 1067, §20; 2005 Acts, ch 107, §10, 14 \n
Notes of Decisions
Cited in
13
cases (
4 in the last 5 years), 1980–2026 · leading case:
State v. Dowell.
State v. Dowell (Iowa 1980).
· cites it 68× “The question here is whether a person arrested for an alleged parole violation has a right to have the proceedings against him dismissed with prejudice when the arresting officer does not take him "before a magistrate without unnecessary delay for an initial appearance" as…”
Kris Kolzow v. State of Iowa (Iowa 2012).
· cites it 2× “See Iowa Code § 908.2 (2) (“Admittance to bail [in a parole revocation hearing] is discretionary .”
Larsson v. Iowa Bd. of Parole (Iowa 1991).
· cites it 4× “Iowa Code § 908.2 . At the hearing, the alleged parole violator shall be informed of the evidence against him or her, given the opportunity to be heard, and allowed to present witnesses and cross-examine adverse witnesses.”
Brown v. State (Iowa 1980).
· cites it 12× “The procedures provided in section 908.2 were then followed. The merits of the violation charge were subsequently heard.”
State v. Young (Iowa 1980).
“(We note that the probation officer who requested revocation of work release under the prior sentence cited sections 908.2 and 908.11 of the Code, whereas sections 356.”
State v. Hill (Iowa 1983).
· cites it 2× “Because Iowa Code section 908.2 (1981) provides that an alleged parole violator may be released on bail, he reasons that the trial court had the power to release him on bail also.”
State of Iowa v. Richard Allen Sharples (Iowa 2026).
· cites it 4× “2019) (explaining that “the prosecution must prove that each offense is committed subsequent to each preceding conviction” to sustain a conviction under the recidivist provision of West Virginia Code section 61-11-18 (2000), which, similar to Iowa Code 21 section 908.2, provides…”
Mark Lee Jackson v. State of Iowa (Iowa Ct. App. 2019).
· cites it 2× “See Iowa Code § 908.2 (2). The district court was unwilling to rule on the lawfulness of Jackson’s detention at Newton.”
State of Iowa v. Gary Charles Wood Jr. (Iowa Ct. App. 2021).
· cites it 2× “He again moved in arrest of judgment claiming, among other things, the jury verdict was contrary to the weight of the evidence.”
J. Doe v. Iowa Dist. Court For Polk Cnty. (Iowa 2025).
· cites it 2× “§ 908.2(1). The magistrate provides the parolee with written notice of the claimed violations, provides notice that a parole revocation hearing will take place, and advises them of their rights.”
— Iowa Code § 908.2(1) — 1 case
J. Doe v. Iowa Dist. Court For Polk Cnty. (Iowa 2025).
“§ 908.2(1). The magistrate provides the parolee with written notice of the claimed violations, provides notice that a parole revocation hearing will take place, and advises them of their rights.”
— Iowa Code § 908.2(2) — 1 case
J. Doe v. Iowa Dist. Court For Polk Cnty. (Iowa 2025).
“§ 908.2(1). The magistrate provides the parolee with written notice of the claimed violations, provides notice that a parole revocation hearing will take place, and advises them of their rights.”
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treatment. Dots show Syfertize treatment of the citing case itself.