Iowa Administrative Code › Agency 201 - Corrections Department › Title II - Institutions › Chapter 20 - Institutions Administration › Rule 201-20.2 - Title Ii Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Class I Disciplinary Report"
means the same as a
				  major report and is defined in department policy IO-RD-03.
"Class II Disciplinary Report"
means the same as
				  a minor report and is defined in department policy IO-RD-02.
"Commercially published information or material"
means any book, booklet, pamphlet, magazine, periodical, newsletter, photograph or
				  other pictorial depiction, or similar document, including stationery and greeting
				  cards, published by any individual, organization, company, or corporation, which is
				  distributed or made available through any means or media for commercial purposes.
				  This definition includes any portion extracted, photocopied, or clipped from such
				  items.
"Contraband"
means weapons; alcohol; drugs;
				  money; obscene materials; or materials advocating disruption of or injury to
				  incarcerated individuals, employees, programs, or physical facilities. Contraband
				  shall also include anything which is illegal to possess under federal or state law;
				  anything which is against institutional regulations; drugs or alcohol or materials
				  which are used in the production or use of drugs or alcohol or weapons, explosives,
				  or potential weapons and explosives; and altered authorized property. The term also
				  includes possession or use of any prohibited communication device.
"Department"
means the Iowa department of
				  corrections.
"Features"
means that the publication contains
				  depictions of nudity or sexually explicit conduct on a routine or regular basis or
				  promotes itself based upon such depictions in the case of individual one-time
				  issues. Publications containing nudity illustrative of medical, educational, or
				  anthropological content may be excluded from this definition.
"Furlough"
means any temporary release from
				  custody as granted in accordance with Iowa Code section 904.108(2).
"Furlough residence"
means any private dwelling,
				  apartment, house, trailer court, hotel, motel or community dwelling place.
"Immediate family"
means an incarcerated
				  individual's spouse, mother, father, sister, brother, child, grandparent,
				  established legal guardian or other who acted in place of parents, and step- or
				  half-relation if the step- or half-relation and the incarcerated individual were
				  raised as cohabiting siblings.
For the purpose of visitation, all the above will be included as
				  immediate family provided a positive relationship exists. Immediate family members
				  may be subject to criminal background investigation.
"Law enforcement checks"
means prescheduled, in
				  person, check-ins at designated law enforcement agencies such as police departments,
				  sheriff's offices and highway patrol offices.
"Medical practitioner"
means medical doctor,
				  osteopathic physician or physician assistant employed by the department.
"Nudity"
means a pictorial depiction where
				  genitalia or female breasts are exposed. When the pictorial depiction of the female
				  breast displays the areola or nipple, this material will be rejected.
"Obscene material"
means the same as that
				  described in 20.6(5).
"Performance evaluation"
means evaluation of work
				  and program participation as well as other areas of behavior.
"Plan of payment"
means the method by which the
				  incarcerated individual is to make restitution. The plan may include legal financial
				  obligations. The plan is to reflect the incarcerated individual's present
				  circumstances, such as income, physical and mental health, education, employment and
				  family circumstances.
"Plan of restitution"
means a plan stating the
				  amount of restitution as set by the court.
"Publication"
means a book, booklet, pamphlet, or
				  similar document, or a single issue of a magazine, periodical, newsletter,
				  newspaper, plus such other materials addressed to a specific incarcerated
				  individual, such as catalogs.
"Responsible person"
means an individual on the
				  incarcerated individual's visiting list of legal age and, in the judgment of the
				  staff, is a person of accountability, is able to think and act rationally, and is
				  willing to facilitate the incarcerated individual's successful completion of
				  furloughs within the furlough rules and facilitate the return of the incarcerated
				  individual to the institution. A responsible person shall further mean an individual
				  not now under indictment, sentence or conviction of an indictable public offense.
				  Ex-felons will not be permitted to act as responsible persons for furlough until the
				  demonstration of two years' successful adjustment in the community after release
				  from any supervision.
"Sexually explicit"
means a pictorial depiction
				  of actual or simulated sexual acts including sexual intercourse, oral sex, or
				  masturbation. Sexually explicit material does not include material of a news or
				  information type. Publications concerning research or opinions on sexual, health, or
				  reproductive issues should be admitted unless the publications are otherwise a
				  threat to legitimate institutional interests.
This rule is intended to implement Iowa Code section
				  904.108(1)
"k."