Iowa Code 610A.3 – Penalties
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Terms Used In Iowa Code 610A.3
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
610A.3 Penalties.
1. If an action or appeal brought by an inmate or prisoner in state court is dismissed
pursuant to § 610A.2, or, if brought in federal court, is dismissed under any of the principles enumerated in § 610A.2, the inmate shall be subject to the following penalties:
a. The loss of some or all of the earned time credits acquired by the inmate or prisoner. Previous dismissals under § 610A.2 may be considered in determining the appropriate level of penalty.
b. If the inmate or prisoner has no earned time credits to deduct, the order of the court or the disciplinary hearing may deduct up to fifty percent of the average balance of the inmate account under § 904.702 or of any prisoner account.
2. The court may make an order deducting the credits or the credits may be deducted pursuant to a disciplinary hearing pursuant to chapter 903A at the facility at which the inmate is held.
95 Acts, ch 167, §3; 98 Acts, ch 1147, §5, 6; 2000 Acts, ch 1173, §1, 10
Referred to in §903A.3
1. If an action or appeal brought by an inmate or prisoner in state court is dismissed
pursuant to § 610A.2, or, if brought in federal court, is dismissed under any of the principles enumerated in § 610A.2, the inmate shall be subject to the following penalties:
a. The loss of some or all of the earned time credits acquired by the inmate or prisoner. Previous dismissals under § 610A.2 may be considered in determining the appropriate level of penalty.
b. If the inmate or prisoner has no earned time credits to deduct, the order of the court or the disciplinary hearing may deduct up to fifty percent of the average balance of the inmate account under § 904.702 or of any prisoner account.
2. The court may make an order deducting the credits or the credits may be deducted pursuant to a disciplinary hearing pursuant to chapter 903A at the facility at which the inmate is held.
95 Acts, ch 167, §3; 98 Acts, ch 1147, §5, 6; 2000 Acts, ch 1173, §1, 10
Referred to in §903A.3