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Senate passes bill tightening bond rules and limiting release for some misdemeanors
Summary
The Iowa Senate approved Senate File 2399 with an amendment that requires magistrates to set bonds at the warrant amount unless they provide a written Iowa Code justification and narrows eligibility for release on recognizance for certain misdemeanor drug charges; the bill passed on a roll call.
Senator Bussello, the senator from Polk, shepherded Senate File 2399 through the Senate, describing the measure as a near‑complete rewrite of the bond schedule. "This bill is a strike after reworking the bond schedule," she said, explaining the amendment would require magistrates to set bail no lower than the amount listed on the warrant unless they file a written justification grounded in Iowa Code.
The amendment also limited who may be released on their own recognizance: under the amendment, a defendant is eligible for release on their own recognizance only if charged with a nonviolent, non‑drug, simple or serious misdemeanor. Senator Buscagnano pressed whether the measure eliminates the traditional 10% bond option and whether keeping people in custody would raise county jail populations; he asked, "am I correct that that's probably going to raise county jail populations?" Bussello and colleagues said a judge may deviate from the uniform schedule but must provide written justification based on factors in Iowa Code.
After debate the Senate adopted the amendment to the amendment, concurred in the House amendment, and placed the bill on final passage. The secretary reported a roll‑call of 38 ayes and 7 nays; the Senate declared the bill passed. The action amends statutes governing bail and bond amounts and directs the Judicial Council to update bond amounts for inflation.
