Iowa Administrative Code › Agency 205 - Parole Board › Chapter 8 - Parole and Work Release Considerations › Rule 205-8.15 - Parole Authorized Following Work Release

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The board may, at the time of granting
			 work release, grant an offender parole contingent upon successful completion of
			 work release. Whenever the board grants parole contingent upon successful
			 completion of work release, it shall indicate in the offender's file any
			 special conditions for parole and that parole is contingent upon successful
			 completion of work release.
(2) The
			 residential manager shall make a determination whether the offender has
			 successfully completed the work release. For the purpose of this rule,
			 successful completion of work release shall mean, at a minimum, the absence of
			 any violent acts or threats of violence by the offender from the time the work
			 release was authorized and either (1) the offender has completed all board of
			 parole recommended programs or (2) the offender has enrolled in all recommended
			 programs not completed and is making satisfactory progress toward completion
			 and the facility is able to arrange for continued program participation while
			 the offender is on parole. When an offender successfully completes the work
			 release program, the residential manager shall certify that fact to the board
			 in a written or electronic certification. Upon receipt of the certification,
			 the chairperson or the chairperson's designee shall cause a parole order to be
			 issued and forwarded to the residential facility where a parole agreement will
			 be executed by the offender with such parole conditions as the board may
			 require in its original release decision. Parole shall be effective only upon
			 execution of the parole order and agreement by the parole officer and the
			 parolee. No further action is required by the parole board for said parole.
			 Before the parole becomes effective, the chairperson or the chairperson's
			 designee may refer the case back to the board for further consideration.
			 Nothing in this rule shall prevent the parole board from considering
			 revocations of work release or parole for violations of the parole order,
			 agreement, or any other provision of law, as otherwise provided in the board's
			 administrative rules.
(3) If the
			 residential manager does not certify that an offender has successfully
			 completed work release within the six-month limit established in Iowa Code
			 section 904.904, and if the offender's
			 work release has not otherwise been revoked, the offender's case shall be
			 reviewed by the board of parole. The board may grant parole, extend work
			 release, refer the offender back to prison, or take any other action authorized
			 by law.
(4) The grant of parole
			 contingent upon successful completion of work release shall comply with
			 subrules 8.13(1) and 8.13(2).
(5)
			 An offender who has been granted parole contingent upon successful completion
			 of work release and who fails to successfully complete work release for
			 whatever reason shall be reviewed for further release consideration according
			 to the board's administrative rules.
(6) Parole granted under this rule shall be
			 administered and supervised according to the board's administrative rules,
			 205-Chapters 10 and 11.