SF2399: Bail/Bond Reform

Creates a new section mandating minimum pretrial bond amounts for class 'A' and various classes of forcible felonies in Iowa, with annual adjustments for inflation. It requires courts to provide written justification if bail is set below these minimums, gives substantial weight to victim/community safety in violent crime cases, and modifies the procedures for bond deposit and pretrial release evaluations. The Judicial Council is tasked with updating the uniform bond schedule for inflation. Key Points & Impacts: Establishes minimum pretrial bond amounts for class 'A' and forcible felonies: $500,000 (Class A), $25,000 (Class B), $10,000 (Class C), $5,000 (Class D); courts must provide written justification if setting bail below the minimums, considering factors set forth in existing law; minimum bond amounts are presumed reasonable but can be adjusted if found excessive to assure appearance or safety, with on-record findings required; in violent crime cases, courts must give substantial weight to victim and community safety when determining bond; removes language limiting bond deposits to 10% of the total bond amount, requiring deposit of the specified full amount instead; pretrial release evaluations by the Department of Corrections must have all information verified before submission to the magistrate; Judicial Council is directed to update the bond schedule for inflation and submit to the Supreme Court by July 1, 2027, with annual adjustments thereafter; and clarifies procedures for bond review by magistrate, district court, and appellate court.

Signed by Governor June 2, 2026. Takes effect July 1, 2026.

House Amendment (S-5068): Establishes higher minimum pretrial bond requirements for violent and forcible felonies, limits judicial discretion to go below those minimums without detailed, written findings, requires annual adjustments for inflation, and changes procedures for both judicial review and pretrial release evaluations. These changes are aimed at tightening pretrial release conditions for serious offenses in Iowa. Detail: Requires courts to prioritize the danger posed by the defendant to persons or property when setting bond, in addition to traditional factors (like ensuring court appearance). The presumed bond amounts are deemed reasonable but may be adjusted based on the specific circumstances. Courts cannot reduce bond below statutory minimums unless they provide a written justification based on statutory criteria. The bond schedule is to be adjusted annually for inflation. Magistrate decisions on bond may be reviewed by a district judge. District judge bond decisions may be reviewed only by an appellate court. The court must require either a bail bond with sufficient surety or a cash deposit. Bail remains valid until the case concludes unless modified by the court. If a pretrial release evaluation is completed by the Department of Corrections for a magistrate, the evaluator must verify all information before submission to the magistrate. The judicial council must revise and submit an updated bond schedule to the Iowa Supreme Court by July 1, 2027, and then annually. Eliminates 10% Cap and Clarifies Return of Bond.