reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 8 - Parole and Work Release Considerations › Rule 205-8.12 - Conduct at Parole Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Parole proceedings shall be open to the
			 public except as otherwise necessary or proper.
(2) Conduct of inmate.
a. Conduct of the inmate shall be in a manner
			 consistent with decorum appropriate for a participant in a public meeting of a
			 governmental body.
b. An inmate
			 may not orally or otherwise communicate with spectators or others present at
			 the parole proceeding except as permitted by the panel or board.
c. The inmate shall speak to the panel or
			 board or counselor only when asked a question or directed otherwise to do
			 so.
d. Each inmate will be given an
			 opportunity to make an independent statement to the panel or board during the
			 parole proceeding. The panel or board may limit this statement in any manner as
			 to topic or time.
e. Failure to
			 comply with the direction of the panel or board in limiting statements, in
			 communicating with persons present at the parole proceeding, or any absence of
			 decorum which could disrupt or delay the proceeding may, at the discretion of
			 the board, result in a forfeiture of the right to an interview and a request by
			 the board to have the institutional staff remove the inmate.
f. An inmate who forfeits the right to an
			 interview for reasons under paragraph 8.14(2)
"e"
or for any
			 other reason shall not be interviewed again until the inmate's next annual
			 review, or until such earlier time as determined by the board, except that the
			 inmate may make a request for an earlier interview. The request must be made in
			 writing to the board through the board liaison officer, the counselor or other
			 institutional staff member, or the ombudsman, together with assurance by the
			 inmate that no repeat of the offending conduct or other offending conduct will
			 occur. A reinterview is subject to the discretion of the panel or
			 board.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 8 - Parole and Work Release Considerations › Rule 205-8.13 - Parole Authorized Following Work Release

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The board shall grant parole to an inmate
			 on work release status if at least three members of the board agree that the
			 inmate can be released without detriment to the community or to the inmate. If
			 three members do not agree, the board shall deny parole.
(2) The board shall grant parole or work
			 release to an inmate if at least three members of the board agree that the
			 inmate can be released without detriment to the community or to the inmate. If
			 three members do not agree, the board shall deny parole or work
			 release.
(3) The board may
			 determine if an inmate shall be required to provide a physical specimen to be
			 submitted for DNA profiling as a condition of parole or work release. The board
			 shall consider the deterrent effect of DNA profiling, the likelihood of
			 repeated violations by the offender, and the seriousness of the offense. When
			 funds have been allocated from the general fund of the state, or funds have
			 been provided by other public or private sources, the board shall order DNA
			 profiling, if appropriate.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 8 - Parole and Work Release Considerations › Rule 205-8.14 - Notice of Parole and Work Release Decisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The board shall give notice of a decision
			 to grant parole by issuing an order for parole to the facility where the inmate
			 in question is incarcerated.
(2)
			 The board shall give notice of a decision to grant work release by issuing an
			 order for work release to the facility where the inmate in question is
			 incarcerated.
(3) The board shall
			 give notice of a decision to deny parole or work release by issuing a notice of
			 parole or work release denial to the facility where the inmate in question is
			 incarcerated.
(4) The board need
			 not disclose a decision to grant or deny parole or work release to anyone other
			 than the inmate in question and the facility where the inmate is incarcerated
			 until at least two working days have elapsed from the date of the
			 decision.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 9 - Certificates of Employability › Rule 205-9.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Direct relationship"
means that the nature of
				criminal conduct for which the eligible offender was convicted has a direct
				bearing on the offender's fitness or ability to perform one or more of the
				duties or responsibilities necessarily related to the certificate of
				employability sought.
"Eligible offender"
means a person who has
				been convicted of one or more eligible crimes and has been sentenced to the
				custody of the director of the Iowa department of corrections. Persons required
				to register under Iowa Code chapter 692A are ineligible for the certificate of
				employability program.
"Employment"
means any occupation, vocation or
				employment, or any form of vocational or educational training. For the purposes
				of this chapter, "employment" shall not include membership in any law
				enforcement agency.
"Private employer"
means any person, company,
				corporation, labor organization or association.
"Public agency"
means the state or any local
				subdivision thereof, or any state or local department, agency, board or
				commission.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 9 - Certificates of Employability › Rule 205-9.2 - Certificates of Employability

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 The provisions of this chapter shall apply to any application by an eligible
			 offender to any public agency or private employer for employment, except where
			 a mandatory forfeiture, disability or bar to employment is imposed by law and
			 has not been removed by an executive pardon. The provisions of this chapter
			 shall also apply to an application to a licensing agency by an eligible
			 offender to obtain licensure required for employment.
(2) When a certificate of employability is
			 presented to a public agency, the licensing agency cannot deny a license based
			 on the felony conviction or based on a lack of good moral character, unless the
			 agency makes a determination that there is a direct relationship between the
			 offense and the license sought or that the issuance of the license involves
			 unreasonable risk to property or the safety and welfare of specific individuals
			 or the general public.
(3) A
			 certificate of employability shall not, however, in any way prevent any
			 judicial, administrative, licensing or other body, board or authority from
			 relying upon the conviction specified therein as the basis for the exercise of
			 its discretionary power to suspend, revoke, refuse to issue or refuse to renew
			 any license, permit or other authority or privilege in accordance with the
			 provisions set out in this chapter
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 9 - Certificates of Employability › Rule 205-9.3 - Issuance of a Certificate of Employability

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department of corrections shall issue
			 a certificate of employability at the time of release to an eligible offender
			 who:
a. Receives a parole, work release, or
			 early discharge from the board; and
b. Successfully completes one of the
			 following:
(1) Department of corrections
			 registered apprenticeship program; or
(2) National Career Readiness Certificate and
			 the life skills program.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 9 - Certificates of Employability › Rule 205-9.4 - Certificate Not to Be Deemed a Pardon

Current through Register Vol. 47, No. 3, July 24, 2024
Nothing contained in this chapter shall be deemed to alter or
				limit or affect the manner of applying for pardons to the governor, and no
				certificate issued hereunder shall be deemed or construed to be a
				pardon.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 10 - Parole and Work Release Supervision › Rule 205-10.1 - Release Processing

Current through Register Vol. 47, No. 3, July 24, 2024
Following the issuance of an order for parole or work release
				by the board, the inmate shall be processed for release pursuant to the rules
				and procedures of the department of corrections and the district
				department.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 10 - Parole and Work Release Supervision › Rule 205-10.2 - Parole Supervision

Current through Register Vol. 47, No. 3, July 24, 2024
An inmate granted parole or work release shall be under the
				supervision of the department of corrections, the district department, or a
				receiving state pursuant to the interstate probation and parole compact. Parole
				supervision shall continue until the expiration of the maximum sentence,
				subject to early discharge by the board or the district
				department.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 10 - Parole and Work Release Supervision › Rule 205-10.3 - Parole or Work Release Agreement

Current through Register Vol. 47, No. 3, July 24, 2024
A parole or work release agreement containing standard and
				special conditions of parole or work release shall be prepared without
				unreasonable delay following the board's issuance of the order for parole or
				work release. The board may change these standard conditions from time to time.
				Special conditions of parole may be imposed at any time in accordance with the
				needs of the parolee as determined by the board, the department of corrections,
				or the district department. The parole or work release agreement may provide
				for a search process and procedure of the parolee or work releasee. The parole
				or work release shall not commence until the inmate has signed the agreement,
				unless as otherwise prescribed by law. If the inmate is on work release status
				at the time parole is granted, the inmate shall remain on work release status
				until the parole agreement is signed by the parole officer and the
				inmate.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 11 - Parole Revocation › Rule 205-11.1 - Voluntary Termination of Parole

Current through Register Vol. 47, No. 3, July 24, 2024
Any voluntary termination of parole should be executed in
				writing by the parolee, reviewed by the parole officer, and approved by an
				administrative parole judge at a hearing. Upon the execution of the voluntary
				termination of parole, the parole officer shall file a preliminary parole
				violation information. If a parolee's parole is terminated, the parolee shall
				be returned to the Iowa Medical and Classification Center at Oakdale or the
				Iowa Correctional Institute for Women at Mitchellville as soon as practicable.
				The parolee shall receive credit for the time spent on parole prior to the
				voluntary termination of parole as determined by the administrative parole
				judge.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 11 - Parole Revocation › Rule 205-11.2 - Work Release Day Reporting Revocation

Current through Register Vol. 47, No. 3, July 24, 2024
When a work release day reporting inmate is subject to
				revocation of day reporting status, the work release day reporting inmate shall
				be entitled to all procedural protections afforded parolees pursuant to Iowa
				Code chapter 908 and rules
				205-11.3 (908) to
				205-11.11
				(908).
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 11 - Parole Revocation › Rule 205-11.4 - Revocation of Parole

Current through Register Vol. 47, No. 3, July 24, 2024
The board or its administrative parole judge, for good cause
				shown, may revoke any parole previously granted. Good cause for revocation of
				parole shall include the violation of a condition or conditions of the parole
				agreement or parole plan. Parole revocation procedures, including the parole
				revocation hearing, are governed by Iowa Code chapter 17A.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 11 - Parole Revocation › Rule 205-11.5 - Parole Violations

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 parole officer shall report to the board any parolee who is reasonably believed
			 to have engaged in any of the following types of behavior:
a. Violation of any federal or state laws
			 which would be a felony or aggravated misdemeanor in the state of
			 Iowa.
b. Any violent, assaultive,
			 or threatening conduct.
c.
			 Possession, control or use of any firearms, imitation firearms, explosives or
			 dangerous weapons as defined in federal or state statutes.
d. Any unapproved contact with victims or
			 victims' family or with minors.
e.
			 A parolee whose whereabouts are unknown and who has been unavailable for
			 contact for 30 days, or about whom reliable information has been received
			 indicating that the parolee is taking flight or absconding.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 11 - Parole Revocation › Rule 205-11.6 - Parole Violation Report

Current through Register Vol. 47, No. 3, July 24, 2024
The parole violation report is a document prepared by the
				parole officer on a form or medium provided by the board specifying the parole
				violation charges against a parolee and containing or referring to information
				known to the parole officer relevant to the charges.
(1)
Violation report update.
			 A
violation report update may be submitted to report sufficient new
			 information or evidence which proves or disproves violations previously
			 charged; report new violations; note court action on charges which are being
			 prosecuted in a criminal proceeding; expand, clarify, or correct information in
			 an earlier report; provide the board with information not related to the
			 violation but which may affect the board's decision regarding the appropriate
			 disposition; provide additional requested information to the board at any time;
			 or change the parole officer's recommendation. A violation report update shall
			 be filed upon the apprehension of a parolee on absconder status. The violation
			 report update shall be served in accordance with subrule 11.7(1).
(2)
Recommendations.
The
			 parole officer shall review the information available and, upon consultation of
			 policy and with the supervisor or designee, make evidence-based, informed
			 recommendations as to the appropriate action necessary to deal with the alleged
			 violation.
(3)
District
			 review.
a.
Parole officer's
			 responsibility.
After discovery of information indicating a possible
			 violation(s) of parole and determination by the parole officer that the
			 violation(s) must be reported to the board, the parole officer shall prepare a
			 parole violation report.
b.
Parole supervisor review.
After the preparation of a parole
			 violation report, the supervisor shall review the report. If the supervisor
			 concurs with the recommendation made, the supervisor shall submit the report to
			 the business office of the parole board for review and scheduling of a parole
			 revocation hearing, if required.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 11 - Parole Revocation › Rule 205-11.7 - Parole Revocation Hearing

Current through Register Vol. 47, No. 3, July 24, 2024
Following submission of a parole officer's request for a parole
				revocation hearing, the parole officer shall schedule the parole revocation
				hearing and shall cause a notice of parole revocation hearing to be completed.
				The parole revocation hearing shall be held in any county in the same judicial
				district as that in which the alleged parole violator had the initial
				appearance, or in the county from which the warrant for the arrest of the
				alleged parole violator was issued, unless proper venue is waived by the
				parolee.
(1)
Parole revocation
			 hearing notice.
The parole officer or board's designated officer shall
			 cause to be prepared a written notice to the parolee and parolee's attorney, if
			 applicable, of the date, time, and place of the parole revocation hearing,
			 which shall:
a. Include a complete copy of the
			 report of violations, and updated report if applicable, including all documents
			 referred to therein except confidential material defined in 205-subrule
			 6.4(2).
b. Be served upon the
			 parolee by personal service. The notice may be served by any person 18 years of
			 age or older at least seven days prior to the parole revocation hearing unless
			 the parolee waives the right to seven days' advance notice.
c. Inform the parolee of the purpose of the
			 hearing, the violations of parole conditions alleged, the circumstances of the
			 alleged violations, the possible action which may be taken as a result of the
			 revocation proceedings, and the following rights to which the parolee shall be
			 entitled at the parole revocation hearing:
(1)
			 To appear and speak on the parolee's own behalf and to be aided by an
			 interpreter if aid is determined to be necessary by the administrative parole
			 judge.
(2) To be represented by an
			 attorney or, if the parolee is indigent, the right to be represented by an
			 attorney pursuant to Rule 2.28 of the Iowa Rules of Criminal Procedure and Iowa
			 Code section 908.2A.
(3) To remain silent.
(4) To present witnesses to testify on the
			 parolee's behalf as to matters relevant to the alleged violation of
			 parole.
(5) To confront and
			 cross-examine adverse witnesses unless the administrative parole judge
			 determines that such witnesses would be subjected to risk of harm.
(6) To present documentary evidence and any
			 relevant material or information.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 11 - Parole Revocation › Rule 205-11.8 - Appeal or Review

Current through Register Vol. 47, No. 3, July 24, 2024
The order of the administrative parole judge shall become the
				final decision of the board unless, within ten days of the date of the
				decision, the parole violator appeals the decision or a panel of the board
				reviews the decision on its own motion.
(1)
General.
On appeal or
			 review of the judge's decision, the chairperson or board panel's designee has
			 all the power which the administrative parole judge would have in initially
			 making the revocation hearing decision. The record on appeal or review shall be
			 the record made at the parole revocation hearing conducted by the
			 administrative parole judge. Appeals must be received at the parole business
			 office or postmarked by the applicable date or they will not be considered. An
			 order continuing disposition or an order finding probable cause to believe an
			 interstate compact parolee violated parole conditions is not a final order and
			 therefore is not appealable. The board shall give notice of its decision to the
			 parolee.
(2)
Grounds.
All grounds shall be included in the same appeal, and
			 all necessary documents and information shall be attached to the appeal. The
			 general grounds for an appeal include that the board action is:
a. In violation of constitutional or
			 statutory provisions;
b. In excess
			 of the statutory authority of the board;
c. In violation of a board rule;
d. Made upon unlawful procedure;
e. Affected by other error of law;
f. Unsupported by evidence or based on
			 incorrect or incomplete information which, if correct or complete, might have
			 resulted in a different action; or
g. Unreasonable, arbitrary, capricious, or
			 characterized by an abuse of discretion or a clearly unwarranted exercise of
			 decision.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 11 - Parole Revocation › Rule 205-11.9 - Interstate Compact Parole Revocation Probable Cause Hearings

Current through Register Vol. 47, No. 3, July 24, 2024
The Iowa board of parole may conduct interstate compact parole
				probable cause hearings under the same procedures as the Iowa parole revocation
				hearings.
(1)
Interstate
			 compact parole revocation probable cause hearings.
The Iowa board of
			 parole, or an administrative parole judge, may conduct a probable cause hearing
			 for a parolee from another state who is on parole in Iowa under the terms of
			 the interstate compact on probation and parole according to the same procedures
			 which govern parole revocation hearings for Iowa parolees who are on parole in
			 Iowa.
(2)
Interstate
			 compact parole revocation hearings.
If an Iowa parolee was on parole
			 outside the state of Iowa through the interstate compact on probation and
			 parole and has been returned to Iowa following a finding of probable cause in
			 the receiving state, a parole revocation hearing shall be conducted for the
			 parolee at the Iowa institution at which the parolee is incarcerated. This
			 hearing shall be conducted according to the same procedures as those specified
			 for hearings conducted for Iowa parolees who are on parole in the state of
			 Iowa.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 11 - Parole Revocation › Rule 205-11.10 - Parolee Convicted of New Offenses

Current through Register Vol. 47, No. 3, July 24, 2024
A parolee who is found guilty of a new offense or who pleads
				guilty to a new offense, including a simple misdemeanor, has no right to the
				adjudication stage of the parole revocation hearing with regard to the new
				offense.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 11 - Parole Revocation › Rule 205-11.11 - Waivers

Current through Register Vol. 47, No. 3, July 24, 2024
(1) When
			 the parole officer makes a request to the board for a revocation hearing, the
			 parole officer shall inform the parolee of the parolee's rights.
(2) The parole officer shall also inform the
			 parolee of the opportunity to waive the parolee's right to personal appearance
			 and consent to a parole revocation hearing that is conducted over the
			 telephone.
(3) In the event the
			 parolee executes a waiver of the right to personal appearance and consent to
			 parole revocation hearing to be conducted over the telephone, the parole
			 revocation hearing shall be scheduled and conducted as a routine parole
			 revocation hearing with the exception that it shall be conducted by telephone.
			 In the event the parolee does not execute a waiver of the right to personal
			 appearance and consent to parole revocation hearing to be conducted over the
			 telephone, the hearing shall be scheduled and may, at the discretion of the
			 administrative parole judge, be conducted electronically by
			 videoconference.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 11 - Parole Revocation › Rule 205-11.12 - Conviction of a Felony or Aggravated Misdemeanor While on Parole

Current through Register Vol. 47, No. 3, July 24, 2024
When a parolee is convicted and sentenced to incarceration in
				Iowa for a felony or aggravated misdemeanor committed while on parole, or is
				convicted and sentenced to incarceration in any other state of the United
				States or a foreign country for an offense committed while on parole and which
				if committed in Iowa would be a felony or aggravated misdemeanor, the parolee's
				parole shall be deemed revoked as of the date of the commission of the
				offense.
(1) The parole officer shall
			 inform the sentencing judge that the convicted defendant is a parole violator.
			 The term for which the defendant shall be imprisoned as a parole violator shall
			 be the same as that provided in cases of revocation of parole for violation of
			 the conditions of parole. The new sentence of imprisonment for conviction of a
			 felony or aggravated misdemeanor shall be served consecutively to the sentence
			 for which the defendant was on parole, unless a concurrent term of imprisonment
			 is ordered by the court.
(2) The
			 parole officer shall forward to the board a violation report together with a
			 file-stamped copy of the judgment entry and sentencing order for the offense
			 committed during the parole. An administrative parole judge shall review the
			 violation report and the judgment entry and sentencing order and, if satisfied
			 that the conditions of Iowa Code section
			 908.10 or
			 908.10A and of this rule have
			 been met, shall issue an order revoking the parole. The judge shall also
			 determine the date of commission of the felony or aggravated misdemeanor
			 offense and the date of subsequent incarceration in a state institution. Time
			 loss shall be the time between these two dates, except that the parolee shall
			 receive credit for any time the parolee was incarcerated in a county jail
			 between these two dates.
(3) The
			 parolee shall be notified in writing that the parole has been revoked on the
			 basis of the new conviction, and a copy of the commitment order shall accompany
			 the notification. The parolee's record shall be reviewed pursuant to the
			 provisions of Iowa Code section
			 906.5, or as soon as practical
			 after a final reversal of the new conviction.
(4) An inmate may appeal the revocation of
			 parole under this rule according to the procedure indicated in rule
			 205-11.8 (908).
(5) Neither the administrative parole judge
			 nor the board shall retry the facts underlying any conviction.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 12 - Parole Discharge › Rule 205-12.1 - Discharge From Parole Supervision

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Statutory discharge
. The
			 board shall discharge a parolee from parole supervision when the term of the
			 parolee's sentence expires.
(2)
Early discharge
. The board or the supervising district
			 department may discharge a parolee from parole supervision prior to the
			 expiration of the term of the parolee's sentence when the board or district
			 department determines that the parolee is able and willing to fulfill the
			 obligations of a law-abiding citizen without further
			 supervision.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 12 - Parole Discharge › Rule 205-12.2 - Persons Not Eligible

Current through Register Vol. 47, No. 3, July 24, 2024
A parolee convicted of a violation of Iowa Code section
				709.3, 709.4, or
				709.8 committed on or with a
				child or a person serving a sentence under Iowa Code section
				902.12 shall not be discharged
				from parole until the person's term of parole equals the period of imprisonment
				specified in the person's sentence, less all time served in
				confinement.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 13 - Executive Clemency › Rule 205-13.1 - Interviews of Inmates Serving Life Terms Without the Possibility of Parole

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall not grant a parole or work release to a class
				"A" felon serving a life term without the possibility of parole unless the
				governor commutes the sentence to a term of years. Administrative rules
				relating to the parole and work release consideration of an inmate sentenced to
				an indeterminate term shall not apply to an inmate sentenced to a life term
				without the possibility of parole.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 13 - Executive Clemency › Rule 205-13.3 - Executive Clemency Applications

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Applications to the
			 board.
a. A person convicted of a
			 criminal offense may apply to the board for a recommendation to the governor
			 for a reprieve, pardon, commutation of sentence, or remission of fines and
			 forfeitures at any time following the person's conviction.
b. An application for a pardon or commutation
			 of sentence shall be on the form provided by the board. The form may be
			 obtained by contacting the board's business office or the office of the
			 governor.
c. An application for a
			 reprieve or remission of fines and forfeitures shall be in writing.
d. The applicant shall submit the executive
			 clemency application to the board's business office.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 13 - Executive Clemency › Rule 205-13.4 - Board Investigation

Current through Register Vol. 47, No. 3, July 24, 2024
The board may investigate an application with respect to
				history, current situation, parole prospects and other pertinent matters. The
				board may consider the application or recommendation, transcripts of judicial
				proceedings and all documents submitted with the application, and other
				documents as the board determines is appropriate, and may interview, directly
				or through its agent, public officials, victims, and witnesses and other
				individuals as the board determines is appropriate.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 13 - Executive Clemency › Rule 205-13.5 - Executive Clemency Recommendations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Decision.
a. The board shall recommend that the
			 governor grant commutation of sentence to a class "A" felon serving a life term
			 when the board unanimously agrees that the inmate should be considered for
			 release on parole. If the board does not unanimously agree, the board shall
			 recommend that the governor not grant commutation of sentence.
b. The board shall recommend that the
			 governor grant executive clemency to a person other than a class "A" felon
			 serving a life term when at least three members of the board agree that the
			 person has demonstrated that the person will become or continue to be a
			 law-abiding citizen. If three members of the board do not agree, the board
			 shall recommend that the governor not grant executive clemency.
c. The board may utilize the resources of the
			 department of public safety for assistance with any part of the board's
			 investigation.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 13 - Executive Clemency › Rule 205-13.6 - Commutation Procedure for Class "a" Felons

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Initial review.
The
			 board, or its designee, will initially review an application for commutation to
			 determine whether the inmate is eligible to apply for commutation pursuant to
			 Iowa Code section 902.2. If the inmate is not
			 eligible to apply for commutation, the board shall return the application to
			 the applicant.
(2)
Parole
			 board commutation investigation process.
a. If the applicant is eligible to apply for
			 commutation, the board shall conduct an investigation pursuant to subrule
			 13.6(2).
b. The board may consider
			 any documents the board deems appropriate including, but not limited to, the
			 application and attached documents, transcripts of judicial proceedings,
			 corrections information, and written recommendations, statements, and
			 interviews of the offender, public officials, victims, and witnesses.
c. The board shall interview the applicant
			 prior to submitting its recommendation to the governor. The board may interview
			 any other person the board deems appropriate including, but not limited to,
			 public officials, victims, and witnesses.
d. The board shall attempt to provide notice
			 of the commutation interview to any individual who would qualify as a victim
			 under Iowa's victim notification law. Notice shall be by regular mail to the
			 last-known address or by electronic mail. The notice shall provide a specified
			 amount of time for the victim to provide a statement to the board regarding the
			 application for commutation.
e. The
			 board may hold a public hearing to receive comments from the general public on
			 an application for commutation. The determination to hold a public hearing to
			 receive public comments is solely at the discretion of the board.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 14 - Appeal of Decisions › Rule 205-14.1 - General

Current through Register Vol. 47, No. 3, July 24, 2024
An inmate, parolee, or work releasee may appeal any action of
				the board staff or board that affects that person except a decision to schedule
				a hearing or a work release transfer hearing decision, any commutation-related
				action, an appeal decision, the decision to conduct an appearance by electronic
				means, or the revocation of parole which shall be appealed according to the
				procedure indicated in rule
				205-11.8
				(908).
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 14 - Appeal of Decisions › Rule 205-14.2 - Grounds

Current through Register Vol. 47, No. 3, July 24, 2024
The general grounds for an appeal are:
1. In violation of constitutional or
			 statutory provisions;
2. In excess
			 of the statutory authority of the board;
3. In violation of a board rule;
4. Made upon unlawful procedure;
5. Affected by other error of law;
6. Unsupported by evidence or based on
			 incorrect or incomplete information which, if correct or complete, might have
			 resulted in a different action; or
7. Unreasonable, arbitrary, or capricious or
			 characterized by an abuse of discretion or a clearly unwarranted exercise of
			 decision.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 14 - Appeal of Decisions › Rule 205-14.3 - Filing an Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An
			 appeal shall be filed in writing and shall state:
a. The nature of the board action which is
			 the subject of the appeal.
b. The
			 particular agency action which is the subject of the appeal.
c. The grounds on which relief is
			 sought.
d. The relief
			 sought.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 14 - Appeal of Decisions › Rule 205-14.4 - Board Review and Decision

Current through Register Vol. 47, No. 3, July 24, 2024
The board of parole, a designee of the board or a panel of
				three or more members of the board shall review the appeal. The chairperson or
				designee or the panel may affirm, modify or reverse the action being appealed
				or may defer the action for further consideration, including granting the
				inmate, parolee, or work releasee an appearance before the board. The board
				shall give notice to the inmate, parolee, or work releasee of its
				decision.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 15 - Waivers › Rule 205-15.1 - Definition

Current through Register Vol. 47, No. 3, July 24, 2024
For purposes of this chapter, "waiver" means action by the
				board which suspends in whole or in part the requirements or provisions of a
				rule as applied to an identified person on the basis of the particular
				circumstances of that person.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 15 - Waivers › Rule 205-15.2 - Scope

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter outlines generally applicable standards and a
				uniform process for the granting of individual waivers from rules adopted by
				the board in situations where no other more specifically applicable law
				provides for waivers. To the extent another more specific provision of law
				governs the issuance of a waiver from a particular rule, the more specific
				provision shall supersede this chapter with respect to any waiver from that
				rule.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 15 - Waivers › Rule 205-15.3 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
The board may grant a waiver from a rule only if the board has
				jurisdiction over the rule and the requested waiver is consistent with
				applicable statutes, constitutional provisions, or other provisions of law. The
				board may not waive requirements created or duties imposed by
				statute.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 15 - Waivers › Rule 205-15.4 - Criteria for Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
In response to a petition completed pursuant to rule
				205-15.6(17A), the board may in its sole discretion issue an order waiving in
				whole or in part the requirements of a rule if the board finds, based on clear
				and convincing evidence, all of the following:
1. The application of the rule would impose
			 an undue hardship on the person for whom the waiver is requested;
2. The waiver from the requirements of the
			 rule in the specific case would not prejudice the substantial legal rights of
			 any person;
3. The provisions of
			 the rule subject to the petition for a waiver are not specifically mandated by
			 statute or another provision of law; and
4. Substantially equal protection of public
			 health, safety, and welfare will be afforded by a means other than that
			 prescribed in the particular rule for which the waiver is requested.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 15 - Waivers › Rule 205-15.5 - Filing of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for a waiver must be submitted in writing to the
				board as follows:
(1)
Contested
			 cases
. If the petition relates to a pending contested case, the
			 petition shall be filed in the contested case proceeding, using the caption of
			 the contested case.
(2)
Other
. If the petition does not relate to a pending contested
			 case, the petition may be submitted to the board's
			 chairperson.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 15 - Waivers › Rule 205-15.6 - Content of Petition

Current through Register Vol. 47, No. 3, July 24, 2024
A petition for waiver shall include the following information
				where applicable and known to the requester:
1. The name, address, and telephone number of
			 the person or entity for which a waiver is requested, and the case number of
			 any related contested case.
2. A
			 description and citation of the specific rule from which a waiver is
			 requested.
3. The specific waiver
			 requested, including the precise scope and duration.
4. The relevant facts that the petitioner
			 believes would justify a waiver under each of the four criteria described in
			 rule 205-15.4 (17A). This statement
			 shall include a signed statement from the petitioner attesting to the accuracy
			 of the facts provided in the petition and a statement of reasons that the
			 petitioner believes will justify a waiver.
5. A history of any prior contacts between
			 the board and the petitioner relating to the regulated activity affected by the
			 proposed waiver, including a description of any notices of violation, contested
			 case hearings, or investigative reports relating to the regulated activity
			 within the past five years.
6. Any
			 information known to the requester regarding the board's treatment of similar
			 cases.
7. The name, address, and
			 telephone number of any public agency or political subdivision which also
			 regulates the activity in question, or which might be affected by the granting
			 of a waiver.
8. The name, address,
			 and telephone number of any person or entity that would be adversely affected
			 by the granting of a petition.
9.
			 The name, address, and telephone number of any person with knowledge of the
			 relevant facts relating to the proposed waiver.
10. Signed releases of information
			 authorizing persons with knowledge regarding the request to furnish the board
			 with information relevant to the waiver.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 15 - Waivers › Rule 205-15.7 - Additional Information

Current through Register Vol. 47, No. 3, July 24, 2024
Prior to issuing an order granting or denying a waiver, the
				board may request additional information from the petitioner relative to the
				petition and surrounding circumstances. If the petition was not filed in a
				contested case, the board may, on its own motion or at the petitioner's
				request, schedule a telephonic, electronic, or in-person meeting between the
				petitioner and the board's chairperson, a committee of the board, or a quorum
				of the board.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 15 - Waivers › Rule 205-15.8 - Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall acknowledge a petition upon receipt. The board
				shall ensure that, within 30 days of the receipt of the petition, notice of the
				pendency of the petition and a concise summary of its contents have been
				provided to all persons to whom notice is required by any provision of law. In
				addition, the board may give notice to other persons. To accomplish this notice
				provision, the board may require the petitioner to serve the notice on all
				persons to whom notice is required by any provision of law and provide a
				written statement to the board attesting that notice has been
				provided.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 15 - Waivers › Rule 205-15.9 - Hearing Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of Iowa Code sections
				17A.10 to
				17A.18A regarding contested case
				hearings shall apply to any petition for a waiver filed within a contested case
				and shall otherwise apply to board proceedings for a waiver only when the board
				so provides by rule or order or is required to do so by
				statute.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 15 - Waivers › Rule 205-15.10 - Ruling

Current through Register Vol. 47, No. 3, July 24, 2024
An order granting or denying a waiver shall be in writing and
				shall contain a reference to the particular person and rule or portion thereof
				to which the order pertains, a statement of the relevant facts and reasons upon
				which the action is based, and a description of the precise scope and duration
				of the waiver if one is issued.
(1)
Board discretion.
The final decision on whether the
			 circumstances justify the granting of a waiver shall be made at the sole
			 discretion of the board, upon consideration of all relevant factors. Each
			 petition for a waiver shall be evaluated by the board based on the unique,
			 individual circumstances set out in the petition.
(2)
Burden of persuasion.
The burden of persuasion rests with the petitioner to demonstrate by clear and
			 convincing evidence that the board should exercise its discretion to grant a
			 waiver from a board rule.
(3)
Narrowly tailored exception.
A waiver, if granted, shall
			 provide the narrowest exception possible to the provisions of a rule.
(4)
Administrative
			 deadlines.
When the rule from which a waiver is sought establishes
			 administrative deadlines, the board shall balance the special individual
			 circumstances of the petitioner with the overall goal of uniform treatment of
			 all similarly situated persons.
(5)
Conditions.
The board may place any condition on a waiver that
			 the board finds desirable to protect the public health, safety, and
			 welfare.
(6)
Time period of
			 waiver.
A waiver shall not be permanent unless the petitioner can show
			 that a temporary waiver would be impracticable. If a temporary waiver is
			 granted, there is no automatic right to renewal. At the sole discretion of the
			 board, a waiver may be renewed if the board finds that grounds for a waiver
			 continue to exist.
(7)
Time
			 for ruling.
The board shall grant or deny a petition for a waiver as
			 soon as practicable but, in any event, shall do so within 120 days of its
			 receipt, unless the petitioner agrees to a later date. However, if a petition
			 is filed in a contested case, the board shall grant or deny the petition no
			 later than the time at which the final decision in that contested case is
			 issued.
(8)
When deemed
			 denied.
Failure of the board to grant or deny a petition within the
			 required time period shall be deemed a denial of that petition by the board.
			 However, the board shall remain responsible for issuing an order denying a
			 waiver.
(9)
Service of
			 order.
Within seven days of its issuance, any order issued under this
			 chapter shall be transmitted to the petitioner or the person to whom the order
			 pertains and to any other person entitled to such notice by any provision of
			 law.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 15 - Waivers › Rule 205-15.11 - Public Availability

Current through Register Vol. 47, No. 3, July 24, 2024
All orders granting or denying a waiver petition shall be
				indexed, filed, and available for public inspection as provided in Iowa Code
				section 17A.3. Petitions for a waiver
				and orders granting or denying waiver petitions are public records under Iowa
				Code chapter 22. Some petitions or orders may contain information the board is
				authorized or required to keep confidential. The board may accordingly redact
				confidential information from petitions or orders prior to public
				inspection.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 15 - Waivers › Rule 205-15.12 - Summary Reports

Current through Register Vol. 47, No. 3, July 24, 2024
Semiannually, the board shall prepare a summary report
				identifying the rules for which a waiver has been granted or denied, the number
				of times a waiver was granted or denied for each rule, a citation to the
				statutory provisions implemented by these rules, and a general summary of the
				reasons justifying the board's actions on waiver requests. If practicable, the
				report shall detail the extent to which the granting of a waiver has affected
				the general applicability of the rule itself. Copies of this report shall be
				available for public inspection and shall be provided semiannually to the
				administrative rules coordinator and the administrative rules review
				committee.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 15 - Waivers › Rule 205-15.13 - Cancellation of a Waiver

Current through Register Vol. 47, No. 3, July 24, 2024
A waiver issued by the board pursuant to this chapter may be
				withdrawn, canceled, or modified if, after appropriate notice and hearing, the
				board issues an order finding any of the following:
1. The petitioner or the person who was the
			 subject of the waiver order withheld or misrepresented material facts relevant
			 to the propriety or desirability of the waiver; or
2. The alternative means for ensuring that
			 the public health, safety and welfare will be adequately protected after
			 issuance of the waiver order have been demonstrated to be insufficient;
			 or
3. The subject of the waiver
			 order has failed to comply with all conditions contained in the
			 order.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 15 - Waivers › Rule 205-15.14 - Violations

Current through Register Vol. 47, No. 3, July 24, 2024
Violation of a condition in a waiver order shall be treated as
				a violation of the particular rule for which the waiver was granted. As a
				result, the recipient of a waiver under this chapter who violates a condition
				of the waiver may be subject to the same remedies or penalties as a person who
				violates the rule at issue.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 15 - Waivers › Rule 205-15.15 - Defense

Current through Register Vol. 47, No. 3, July 24, 2024
After the board issues an order granting a waiver, the order is
				a defense within its terms and the specific facts indicated therein for the
				person to whom the order pertains in any proceeding in which the rule in
				question is sought to be invoked.