Iowa Administrative Code › Agency 201 - Corrections Department › Title III - Community-based Corrections › Chapter 42 - Probation Services › Rule 201-42.1 - Probation

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The district
				department shall have written policies and procedures which ensure the delivery
				of probation services throughout the district.
(2) The district department shall have
				written policies and procedures which ensure that an electronic case record is
				maintained on each client under supervision.
(3) The district department shall have
				uniform written policies and procedures governing the classification and
				supervision of probationers.
(4)
				Districts shall have statewide approved written policies and procedures which
				ensure the use of the statewide case management system. Districts will use the
				statewide approved and validated risk/needs instrument that assesses and
				addresses client risk, criminogenic needs and protective factors in an effort
				to mitigate the probability for future violence, criminal behavior and
				victimization. By stratifying risk using the risk-need-responsivity model,
				districts will focus the majority of their resources on clients who pose a
				greater risk to reoffend ensuring that all moderate-high risk clients receive
				evidence-based case planning and case management using the
				risk-need-responsivity model and core correctional practices to include:
				ongoing risk needs assessment, case plan follow-up and documentation, transfer
				of records, staff training, and continuous quality improvement.
(5) The district department shall have
				written policies and procedures which establish grievance procedures for all
				clients under supervision and details a method which ensures that all clients
				are notified of the procedure.
(6)
				The district department shall have written policies and procedures for
				reporting violations of probation and recommending revocation of probation to
				the court.
(7) The district
				department shall have written policies and procedures for requesting a
				discharge from probation and shall require a recommendation for discharge when
				it is clear that the client has met court obligations, is no longer a threat to
				the community or cannot benefit substantially from further
				supervision.
(8) The district
				department shall have written policies and procedures to assist staff to
				determine under what circumstances an arrest may be made or a client should be
				taken into custody.
(9) The
				district department shall have written policies and procedures governing the
				searching of probationers or the searching and seizure of their property which
				meet the requirements of the court.
(10) The district department shall have
				written policies and procedures governing the preparation, submission, review
				and modification of the restitution plan of payment in accordance with Iowa
				Code chapter 910.
(11) The district
				department shall have written policies and procedures governing the
				preparation, submission, review and modification of the plan of community
				service in accordance with Iowa Code chapters 907 and 910.
(12) The district department shall establish
				conditions of probation which meet the approval of the chief judge of the
				judicial district, which apply to each person under probation supervision, and
				shall have written procedures for assuring that each client receives those
				conditions in writing which include written documentation of receipt by the
				probationer.
(13) The district
				department shall have written policies and procedures governing the
				preparation, submission, review, modification, collection and retention of
				supervision enrollment fees, in accordance with Iowa Code section
				905.14.
				Payments shall be made directly to the supervising judicial district
				department.
(14) The district
				department shall have written policies and procedures governing the waiver of
				collection of supervision enrollment fees for persons determined to be unable
				to pay, in accordance with Iowa Code section
				905.14.
(15) The district department shall have
				written policies and procedures governing the collection and retention of
				supervision enrollment fees for persons transferring to another judicial
				district. Fees will be collected and retained by the supervising judicial
				district department.
(16) The
				district department shall have written policies and procedures governing the
				collection of supervision enrollment fees for persons who receive additional
				supervisions.
(17) The district
				department shall have written policies and procedures to prevent the
				transmission of contagious infectious disease in compliance with Iowa Code
				section
				905.15.
This rule is intended to implement Iowa Code chapters 905 and
				  907 and sections
				  908.11 and
				  910.5.