reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 141 - Closed Circuit Surveillance Systems › Rule 661-141.12 - Waivers From Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
Upon written request of an applicant, licensee, or operator,
				the director of the DCI may, for just cause, waive any requirement of this
				chapter, provided that the director finds that all of the following conditions
				exist:
1. The requirement requested to
			 be waived is not imposed by statute or another provision of law, and the
			 establishment of the requirement is entirely within the authority of the
			 department of public safety.
2.
			 Enforcing the requirement would impose an undue hardship on the applicant,
			 licensee, or operator requesting the waiver.
3. Granting the waiver would not prejudice
			 the substantial legal rights of any person.
4. Substantially equal protection of public
			 health, safety, and welfare to that which would result from the enforcement of
			 the requirement will be afforded through another means.
Each request for a waiver shall be reported to the agency rules
				administrator of the department of public safety, with an indication of the
				disposition of the request and a brief explanation of the reasons for granting
				or denying the waiver.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 150 - Division of Criminal Investigation Criminalistics Laboratory › Rule 661-150.1 - Criminalistics Laboratory

Current through Register Vol. 47, No. 3, July 24, 2024
The state criminalistics laboratory, created in Iowa Code
				section
				691.1, is
				located, pursuant to that section, within the division of criminal
				investigation.
(1)
Identification.
The state criminalistics laboratory shall be
			 known as the division of criminal investigation criminalistics laboratory.
			 Unless the context clearly implies otherwise, the term "laboratory," when used
			 in this chapter, shall mean the division of criminal investigation
			 criminalistics laboratory.
(2)
Administration.
The laboratory shall be headed by an
			 administrator who shall report to the director of the division of criminal
			 investigation.
(3)
Contact
			 information.
a. The address of the
			 laboratory for receiving mail or shipped materials is:
Iowa DCI Criminalistics Laboratory
2240 South Ankeny Boulevard
Ankeny, Iowa 50023
b. The telephone number of the laboratory is
			 (515)725-1500.
c. Information
			 regarding the laboratory may be obtained from the department Web site.
Note: Currently, information about the laboratory may be found
				at
www.dps.state.ia.us/DCI/Crime_Lab/index.shtml
.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 150 - Division of Criminal Investigation Criminalistics Laboratory › Rule 661-150.2 - Purpose and Scope of Work

Current through Register Vol. 47, No. 3, July 24, 2024
The laboratory provides forensic science services to law
				enforcement agencies within the state of Iowa. The laboratory shall, within its
				capabilities, conduct analyses and comparative studies on physical evidence to
				aid in any criminal investigation, when requested by a prosecuting attorney, a
				medical examiner, or a law enforcement agency.
(1)
Resource or capability
			 limitations.
a. The laboratory
			 administrator may refuse any request to conduct an analysis when, in the
			 judgment of the administrator, the laboratory is unable to adequately conduct
			 the requested analysis, either because of resource limitations or because the
			 analysis is not within the professional capabilities of laboratory
			 personnel.
b. The laboratory
			 administrator may establish a policy excluding evidence of specific types or
			 evidence arising from certain types of cases from being accepted by the
			 laboratory, if the administrator finds that such a policy is necessary either
			 due to resource constraints, safety concerns, or the professional capabilities
			 of laboratory personnel. Any policy adopted pursuant to this paragraph shall be
			 provided to all county attorneys, medical examiners, and law enforcement
			 agencies within Iowa.
c. If
			 analysis by the laboratory of specific evidence arising from a criminal
			 investigation in Iowa has been excluded pursuant to either paragraph
"a
			 "
or
"b, "
the administrator may, at the
			 administrator's discretion, assist the agency requesting the analysis in
			 locating the services of another laboratory able to perform the requested
			 analysis.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 150 - Division of Criminal Investigation Criminalistics Laboratory › Rule 661-150.4 - Evidence Submission to the Laboratory

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Evidence may be submitted to the
			 laboratory by:
a. Any law enforcement agency
			 in Iowa;
b. The Iowa department of
			 corrections;
c. Any other criminal
			 or juvenile justice agency, with the approval of the laboratory administrator;
			 or
d. Any other state agency, with
			 the approval of the laboratory administrator.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 150 - Division of Criminal Investigation Criminalistics Laboratory › Rule 661-150.5 - Distribution of Reports

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A copy
			 of each completed report of analyses performed by the laboratory shall be
			 provided to the submitting officer and to the prosecuting attorney. The
			 prosecuting attorney shall be responsible for providing copies of any
			 laboratory report to the defendant or defendants as required by law.
(2) Results of laboratory analyses shall not
			 be made available to any unauthorized person or organization.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 150 - Division of Criminal Investigation Criminalistics Laboratory › Rule 661-150.6 - Disposition of Evidence

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
			 Evidence will be returned to the submitting agency, unless one of the following
			 conditions applies:
a. Retention of the
			 evidence would be beneficial for future laboratory analysis.
b. Returning the evidence presents a hazard
			 to health or safety. Any required notice to the defendant of destruction of
			 evidence pursuant to this paragraph is the responsibility of the prosecuting
			 attorney.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 156 - Dna Database › Rule 661-156.1 - Establishment of Dna Database

Current through Register Vol. 47, No. 3, July 24, 2024
There is established a DNA database within the division of
				criminal investigation criminalistics laboratory.
These rules govern the administration of the DNA database and
				the collection, submission, analysis, identification, storage, disposition, and
				expungement of DNA records gathered for the DNA database. These rules do not
				apply to the collection and handling of DNA samples gathered as evidence in the
				course of criminal investigations.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 156 - Dna Database › Rule 661-156.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following definitions apply to rules
				661-156.1
				(81) through
				661-156.10
				(81):
"Administrator"
means the administrator of the
				division of criminal investigation criminalistics laboratory.
"Commissioner "
means the commissioner of
				public safety.
"Database "
means the DNA database located in
				the division of criminal investigation criminalistics laboratory.
"Department"
means the Iowa department of
				public safety.
"Director "
means the director of the division
				of criminal investigation.
"Division "
means the division of criminal
				investigation (DCI).
"DNA "
means deoxyribonucleic acid.
"Expungement"
means the removal of information
				from the DNA database, effectively severing any ability to link a DNA profile
				and an individual.
"Laboratory "
means the division of criminal
				investigation criminalistics laboratory.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 156 - Dna Database › Rule 661-156.4 - Collection of Dna Samples

Current through Register Vol. 47, No. 3, July 24, 2024
Samples of DNA shall be collected from any person required to
				submit a sample pursuant to the provisions of 2005 Iowa Acts, House File
				619.
(1) The sample shall be collected
			 by the agency to which custody or responsibility for supervision has been
			 assigned by the court issuing the sentencing order.
(2) Each DNA sample shall be collected as
			 soon as practical after an agency assumes custody or supervision of the person
			 required to submit the DNA sample and shall be submitted to the laboratory in
			 accordance with rule
			 661-156.5
			 (81).
(3) Each DNA sample shall be
			 collected using a DNA collection kit provided by the laboratory, following the
			 instructions provided for the kit by the laboratory.
Exception: A DNA sample may be collected without the use of a
				DNA collection kit provided by the laboratory. If a sample is collected without
				the use of a kit, the person submitting the sample shall include a signed and
				dated statement describing the collection procedure.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 156 - Dna Database › Rule 661-156.5 - Submission of Dna Samples

Current through Register Vol. 47, No. 3, July 24, 2024
(1) All
			 samples collected for inclusion in the DNA database should be submitted to the
			 following address:
Iowa DCI Criminalistics Laboratory
2240 S. Ankeny Boulevard
Ankeny, Iowa 50023-9093
Exception: Each sample submitted in a package with a preprinted
				mailing address or with a mailing label with a preprinted address, when such
				package or label has been provided by the Division of Criminal Investigation
				Criminalistics Laboratory, shall be mailed to the preprinted address. Any other
				sample shall be mailed in accordance with instructions provided by the Division
				of Criminal Investigation Criminalistics Laboratory.
(2) Each sample submitted shall be
			 accompanied by a completed DNA sample donor identification form included in the
			 DNA collection kit provided by the laboratory. If the sample is submitted
			 without the donor identification form, the sample shall be accompanied by a
			 statement signed and dated by the person submitting it, with at least the
			 following information identifying the subject of the DNA sample: full name,
			 date of birth, and a clear fingerprint. Additional identifying information,
			 such as the social security number of the person providing the sample or
			 identifying numbers assigned by state agencies, shall be provided if available.
[Editorial change: IAC Supplement 6/17/09;
ARC
				0219C,
IAB 7/25/12, effective 9/1/12]
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 156 - Dna Database › Rule 661-156.6 - Analysis of Dna Samples

Current through Register Vol. 47, No. 3, July 24, 2024
Samples of DNA submitted to the laboratory shall be analyzed by
				laboratory personnel and the results of the analysis entered into the database
				in accordance with the provisions of "Quality Assurance Standards for Convicted
				Offender DNA Databasing Laboratories," published by the DNA Advisory Board to
				the Federal Bureau of Investigation, September 1, 2011.
Exception: Analysis of DNA samples may be conducted by other
				laboratories under contract with the department, with the approval of the
				administrator. Any other laboratory conducting analysis of DNA samples for
				inclusion in the database shall comply with the requirements and procedures to
				which the division of criminal investigation criminalistics laboratory is
				subject under this rule.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 156 - Dna Database › Rule 661-156.7 - Identification of Dna Samples

Current through Register Vol. 47, No. 3, July 24, 2024
Each sample of DNA submitted for inclusion in the database
				shall be identified by a unique number that will reference the full name of the
				person whose sample is submitted, the person's date of birth, and a clear
				fingerprint taken from the person.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 156 - Dna Database › Rule 661-156.10 - Expungement of Dna Samples

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
			 person whose DNA record has been included in the database may request
			 expungement of the DNA record from the database based upon the reversal on
			 appeal or dismissal of the case of the person's conviction, adjudication, or
			 civil commitment that caused the submission of the DNA sample. The request
			 shall be in writing and shall include a certified copy of the final court order
			 reversing the conviction, adjudication, or civil commitment; a certified copy
			 of the dismissal; and any other information necessary to ascertain the validity
			 of the request. The request shall clearly state that it is a request to expunge
			 a record from the DNA database and shall state the specific basis for the
			 request.
A request to expunge the DNA record shall be addressed as
				follows:
Administrator
Iowa DCI Criminalistics Laboratory
2240 S. Ankeny Boulevard
Ankeny, Iowa 50023-9093
(2) Action on expungement request.
a. The laboratory, upon receipt of a written
			 request that validates reversal on appeal of a person's conviction,
			 adjudication, or commitment, and subsequent dismissal of the case, or upon
			 receipt of a written request by a person who voluntarily submitted a DNA sample
			 pursuant to Iowa Code section
			 81.3,
			 subsection 3, paragraph
"b,"
shall expunge all of the DNA
			 records and identifiable information of the person in the database. The person
			 or the person's representative shall be notified upon completion of such
			 action.
b. If the division
			 determines that the person is otherwise obligated to submit a DNA sample, the
			 DNA record shall not be expunged.
c. If the division denies an expungement
			 request, the division shall notify the person requesting the expungement of the
			 decision not to expunge the DNA record and the reason supporting the decision.
			 A person whose request to expunge a DNA record from the database is denied may
			 appeal that decision to the commissioner within 30 days of the date of the
			 letter communicating the denial. Appeals shall be treated as requests for
			 contested case proceedings, and such proceedings shall be subject to the
			 provisions of rules
			 661-10.301
			 (17A) through
			 661-10.332 (17A),
			 except that such requests shall be addressed as follows:
Commissioner, Iowa Department of Public Safety
State Public Safety Headquarters Building
215 East 7th Street
Des Moines, Iowa 50319
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 157 - Devices and Methods to Test Body Fluids for Alcohol or Drugs › Rule 661-157.1 - Approval of Devices and Methods to Test for Alcohol or Drug Concentration

Current through Register Vol. 47, No. 3, July 24, 2024
The commissioner, by these rules, approves the following
				devices and methods to take a specimen of a person's breath or urine for the
				purpose of determining the alcohol or drug concentration.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 157 - Devices and Methods to Test Body Fluids for Alcohol or Drugs › Rule 661-157.2 - Evidentiary Breath Testing

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
			 breath testing device is a device designed and constructed to measure a
			 subject's breath alcohol concentration by utilizing a sample of the subject's
			 breath.
(2) A peace officer
			 desiring to perform testing of a subject's breath for the purpose of
			 determining the alcohol concentration shall employ, or cause to be used, a
			 breath testing device of a type meeting the minimum performance requirements
			 established in Highway Safety Programs; Model Specifications for Devices to
			 Measure Breath Alcohol, Federal Register, Volume 58, No. 179 (September 17,
			 1993), pp. 48705-48708. All devices so used must be certified to be in proper
			 working order at least once per calendar year according to procedures specified
			 for that device. The interval between certifications shall not be more than 450
			 days.
(3) The division of criminal
			 investigation criminalistics laboratory shall maintain a list of devices
			 approved by the commissioner of public safety for collection of breath samples
			 for evidentiary purposes. The current list shall be available upon request to
			 the Division of Criminal Investigation Criminalistics Laboratory at 2240 South
			 Ankeny Boulevard, Ankeny, Iowa 50023, or on the website of the department of
			 public safety.
(4) The operator of
			 an evidentiary breath testing device shall have been certified as competent in
			 the operation of the breath testing device and shall proceed in accordance with
			 the instructions included in an operating manual furnished by the division of
			 criminal investigation criminalistics laboratory. An operating manual, with
			 number and date, specific to a particular approved device and prepared by the
			 division of criminal investigation criminalistics laboratory shall be available
			 to operators using the device. The current version of the operating manual for
			 each device currently approved for use in Iowa may be obtained by contacting
			 the Division of Criminal Investigation Criminalistics Laboratory at 2240 South
			 Ankeny Boulevard, Ankeny, Iowa 50023, or from the department's
			 website.
(5) All certifications of
			 evidentiary breath testing devices shall be made by the division of criminal
			 investigation criminalistics laboratory. All certifications of operators shall
			 be made by the division of criminal investigation criminalistics laboratory or
			 a designee. A designee shall be a person trained and certified by the division
			 of criminal investigation criminalistics laboratory.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 157 - Devices and Methods to Test Body Fluids for Alcohol or Drugs › Rule 661-157.3 - Urine Collection

Current through Register Vol. 47, No. 3, July 24, 2024
A peace officer who collects a sample of a subject's urine for
				the purpose of determining alcohol or drug concentration shall proceed as
				follows.
(1) The collection shall be
			 made in the presence of a peace officer or other reliable person under the
			 supervision of a peace officer. The peace officer or other person in the
			 presence of the subject shall be of the same gender as the subject.
(2) As soon as practicable, the subject shall
			 urinate into a urine alcohol kit-supplied bottle, cup or other suitable
			 container which is clean, dry, and free from any visible contamination.
			 Anticoagulant and antimicrobial substances in a blood or urine kit do not
			 constitute visible contamination.
(3) The peace officer shall collect a second
			 urine void for alcohol testing in a suitable container which is clean, dry, and
			 free from visible contamination. If a second void cannot be collected, the
			 peace officer shall submit a sample from the first void and shall inform the
			 Iowa division of criminal investigation criminalistics laboratory on the
			 laboratory receipt form that the sample is from a first void. It is not
			 necessary that the subject's bladder be completely emptied.
(4) When collection of the sample for alcohol
			 testing has been completed, the peace officer shall cause a portion of the
			 collected sample to be transferred to a test tube containing 100 milligrams of
			 sodium fluoride and anticoagulant.
(5) A listing of test kits known to meet the
			 requirements of subrules 157.3(2), 157.3(3) and 157.3(4) may be found on the
			 criminalistics laboratory Web site. Any peace officer wishing to use a test kit
			 which is not listed should inquire of the criminalistics laboratory as to
			 whether the other test kit meets the requirements. Any provider of test kits
			 may request the addition of a kit to the list by sending a sample kit to the
			 administrator of the criminalistics laboratory with a cover letter requesting
			 that the kit be added to the list of kits known to meet the requirements of
			 this subrule.
NOTE: The current location of information about test kits on
				the laboratory Web site is:
http://www.dps.state.ia.us/DCI/Crime_Lab/Forensic_Toxicology/index.shtml
.
(6) If the peace officer requests
			 additional toxicological testing, the remainder of the sample may be retained
			 in a container and sent for analysis to the Iowa division of criminal
			 investigation criminalistics laboratory.
(7) The peace officer shall label the
			 container showing the date and time the sample was collected and identifying
			 the peace officer, the subject, and the person present during the collection of
			 the sample if other than the peace officer.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 157 - Devices and Methods to Test Body Fluids for Alcohol or Drugs › Rule 661-157.4 - Submission of Samples for Alcohol and Drug Testing to the Criminalistics Laboratory

Current through Register Vol. 47, No. 3, July 24, 2024
Any sample of urine or blood may be submitted to the division
				of criminal investigation criminalistics laboratory or other appropriate
				laboratory via ordinary mail, private courier, or personal
				delivery.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 157 - Devices and Methods to Test Body Fluids for Alcohol or Drugs › Rule 661-157.5 - Preliminary Breath Screening Test

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A peace officer desiring to perform a
			 preliminary screening test of a person's breath shall use a device approved by
			 the division of criminal investigation criminalistics laboratory. Such devices
			 are approved for accuracy and precision using a dry gas standard or breath
			 simulating device. The division of criminal investigation criminalistics
			 laboratory shall employ scientifically established tests or methods appropriate
			 to a particular device in determining whether the device meets an acceptable
			 standard for operation including accuracy, or the laboratory may, at its
			 discretion, accept test results from another laboratory. The standards shall
			 include the requirement that in all cases the device shall indicate the alcohol
			 concentration on a numerical display. Devices shall be of a type that may be
			 calibrated on a monthly basis by officers in the field.
The division of criminal investigation criminalistics
				laboratory shall maintain a list of devices approved by the commissioner for
				use as preliminary breath screening devices. The list of currently approved
				devices is available on the website of the department.
(2) Any peace officer using an approved
			 device shall follow the instructions furnished by the manufacturer for use of
			 such a device. The calibration of each unit shall be checked at least once per
			 month, and the device shall be calibrated, if necessary, using a dry gas
			 standard. The officer or officer's department shall maintain a record of each
			 calibration. This record shall include:
a. The
			 identity of the person performing the calibration.
b. The date.
c. The value of standard used.
d. The unit type and identification
			 number.
e. The expiration date of
			 the standard used.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 157 - Devices and Methods to Test Body Fluids for Alcohol or Drugs › Rule 661-157.6 - Chemical Test-alcohol Concentration-public Intoxication

Current through Register Vol. 47, No. 3, July 24, 2024
All devices and methods approved in this chapter for the
				purpose of determining a person's alcohol concentration for evidential purposes
				under Iowa Code chapter 321J, and the devices otherwise approved in this
				chapter only for use in performing preliminary breath screening tests, are
				equally approved for testing to determine alcohol concentration in connection
				with arrests for public intoxication under Iowa Code section
				123.46.
				The chemical test results shall be expressed in terms of alcohol concentration
				as defined in Iowa Code section 321J. 1.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 157 - Devices and Methods to Test Body Fluids for Alcohol or Drugs › Rule 661-157.7 - Detection of Drugs Other Than Alcohol

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Adoption of federal
			 standards.
Initial test requirements based upon standards adopted by
			 the federal Substance Abuse and Health Services Administration in "Mandatory
			 Guidelines for Federal Workplace Drug Testing Programs," 82 FR 7920, and
			 displayed in the following table are hereby adopted as standards for
			 determining detectable levels of controlled substances in the division of
			 criminal investigation criminalistics laboratory initial screening for
			 controlled substances detected by the presence of the following: marijuana
			 metabolites, cocaine metabolites, codeine/morphine, hydrocodone/hydromorphone,
			 oxycodone/oxymorphone, 6-acetylmorphine, phencyclidine,
			 amphetamine/methamphetamine, and MDMA/MDA. The following table shows the
			 minimum levels of these substances which will result in a finding that a
			 controlled substance is present at a detectable level:
Initial test analyte
Initial test cutoff1
Marijuana metabolites
						  (THCA)2
50 ng/mP
Cocaine metabolites (Benzoylecgonine)
150 ng/mP
Codeine/Morphine
2000 ng/ml
Hydrocodone/Hydromorphone
300 ng/ml
Oxycodone/Oxymorphone
100 ng/ml
6-Acetylmorphine
10 ng/ml
Phencyclidine
25 ng/ml
Amphetamine/Methamphetamine
500 ng/ml
MDMA4/MDA5
500 ng/ml
1For grouped analytes (i.e., two or
				more analytes that are in the same drug class and have the same initial test
				cutoff):
Immunoassay:
The test must be calibrated with
				one analyte from the group identified as the target analyte. The
				cross-reactivity of the immunoassay to the other analyte(s) within the group
				must be 80 percent or greater; if not, separate immunoassays must be used for
				the analytes within the group.
Alternate technology:
Either one
				analyte or all analytes from the group must be used for calibration, depending
				on the technology. At least one analyte within the group must have a
				concentration equal to or greater than the initial test cutoff or,
				alternatively, the sum of the analytes present (i.e., equal to or greater than
				the laboratory's validated limit of quantification) must be equal to or greater
				than the initial test cutoff.
2An immunoassay must be calibrated
				with the target analyte, D-9-tetrahydrocannabinol-9-carboxylic acid
				(THCA).
3
Alternate
				technology
(THCA and benzoylecgonine): The confirmatory test cutoff
				must be used for an alternate technology initial test that is specific for the
				target analyte (i.e., 15 ng/mL for THCA, 100 ng/mL for benzoylecgonine).
4Methylenedioxymethamphetamine
				(MDMA).
5Methylenedioxyamphetamine
				(MDA).
(2)
			 Reserved.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 158 - Ignition Interlock Devices › Rule 661-158.1 - Scope and Authority

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 rules in this chapter establish standards and requirements that apply to
			 ignition interlock devices installed in motor vehicles pursuant to court orders
			 or administrative orders issued by the department of transportation pursuant to
			 Iowa Code chapter 321J.
(2) Various
			 sections of Iowa Code chapter 321J require drivers who have been convicted of
			 violating or administratively adjudged to have violated certain provisions of
			 Iowa Code chapter 321J to have ignition interlock devices "of a type approved
			 by the commissioner of public safety" installed on their vehicles in order to
			 continue to drive legally. The rules in this chapter provide the standards for
			 such approval.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 158 - Ignition Interlock Devices › Rule 661-158.3 - Approval

Current through Register Vol. 47, No. 3, July 24, 2024
To be approved, an IID shall meet or exceed performance
				standards contained in the Model Specifications for Breath Alcohol Ignition
				Interlock Devices, as published in the Federal Register, April 7, 1992, pages
				11772-11787. Only a notarized statement from a laboratory capable of performing
				the tests specified will be accepted as proof of meeting or exceeding the
				standards.
(1) In addition to the
			 federal standards, the DCI criminalistics laboratory shall apply scientific
			 tests or methods to a particular IID to determine whether it meets an
			 acceptable standard for accuracy.
(2) At the discretion of the laboratory
			 administrator, the laboratory may accept test results from other public
			 laboratories or authorities.
(3)
			 The laboratory shall maintain a list of IIDs approved by the commissioner of
			 public safety. The list is available without cost by writing to the Iowa
			 Department of Public Safety, Division of Criminal Investigation, Criminalistics
			 Laboratory, 2240 South Ankeny Blvd., Ankeny, Iowa 50023; by telephoning
			 (515)725-1500; or by accessing the list on the laboratory's Web site.
Note: As of October 1,2009, the Web site of the laboratory is
http://www.dps.state.ia.us/DCI/Crime_Lab/index.shtml
.
(4) On or after January 1, 2010,
			 any IID installed in a vehicle in Iowa pursuant to this chapter, including a
			 replacement for a device previously installed, shall utilize fuel cell
			 technology. Any device installed prior to January 1, 2010, may continue to be
			 used until the expiration of the order that resulted in its use or until it is
			 replaced, whichever occurs earlier.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 158 - Ignition Interlock Devices › Rule 661-158.5 - Modifications to an Approved Iid

Current through Register Vol. 47, No. 3, July 24, 2024
The manufacturer shall inform the laboratory in writing of any
				modifications that will affect the accuracy, reliability, ease of use, or
				general function of the approved IID. The notification shall include, but not
				be limited to, a listing of those modifications that were made, those
				components that were redesigned or replaced, and any additional alterations.
				Each of these changes should also include a narrative explaining how the
				modifications or alterations will affect the accuracy, reliability, ease of
				use, or general function of the IID. The laboratory reserves the right to test
				the IID to determine if the IID meets or exceeds the requirements established
				in this chapter.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 158 - Ignition Interlock Devices › Rule 661-158.7 - Iid Security

Current through Register Vol. 47, No. 3, July 24, 2024
The manufacturer and its ASPs shall take all reasonable steps
				necessary to prevent tampering with or physical circumvention of the IID. These
				steps shall include the following.
(1)
			 ASPs shall use special locks, seals, installation procedures, or design
			 characteristics that prevent or record evidence of tampering or circumvention
			 attempts.
(2) The manufacturer or
			 the ASP shall affix a label to the IID indicating that attempts to tamper with
			 or circumvent the IID may subject a person to criminal prosecution or
			 administrative sanctions.
(3) No
			 owner or employee of a manufacturer or an ASP may authorize or assist with the
			 disconnection of an IID or enable the use of any emergency bypass mechanism or
			 any other bypass procedure that allows a person restricted to the use of a
			 vehicle equipped with a functioning IID to start or operate a vehicle without
			 providing all required breath samples. Authorizing or assisting with the
			 disconnection of an IID may subject the owner or employee of a manufacturer or
			 an ASP to criminal prosecution or administrative
			 sanctions.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 158 - Ignition Interlock Devices › Rule 661-158.8 - Iid Maintenance and Reports

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An IID utilized in accordance with the
			 provisions of this chapter shall have the calibration checked and shall be
			 recalibrated at least once every 60 days using either a wet bath simulator or
			 dry gas standard. Calibration shall be completed by the manufacturer or the
			 ASP. In lieu of calibration of an installed IID, an installed IID may be
			 exchanged for another calibrated IID. The laboratory administrator may approve
			 a device that employs fuel cell technology to be used for up to 180 days from
			 the date of the previous calibration, provided that the device passes specific
			 precision and functionality testing approved by the laboratory administrator
			 and carried out by the laboratory or an independent laboratory acceptable to
			 the laboratory administrator. An IID shall automatically enter a lockout
			 condition if the IID has not been calibrated within 7 days after the deadlines
			 established in this subrule.
(2)
			 The calibration record for the IID currently installed in a vehicle pursuant to
			 Iowa Code section
			 321J.4
			 and this chapter and for any other IID installed in the same vehicle shall be
			 maintained by the manufacturer or the ASP. The record shall include the
			 following:
a. Name of the person performing
			 the calibration;
b. Date;
c. Value and type of standard used;
d. Batch or lot number of standard;
e. Unit type and identification number of the
			 IID; and
f. Description of the
			 vehicle in which the IID is installed, including:
(1) Registration plate number and
			 state;
(2) Make;
(3) Model;
(4) Vehicle identification number;
(5) Year; and
(6) Color.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 158 - Ignition Interlock Devices › Rule 661-158.9 - Other Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
In addition to any other applicable provisions of this chapter,
				each manufacturer of an approved IID, either on its own or through its ASPs,
				shall comply with the following provisions.
(1) Each manufacturer and ASP of IIDs
			 approved for use in Iowa pursuant to this chapter shall maintain general
			 liability insurance coverage that is effective in Iowa and that has been issued
			 by an insurance carrier authorized to operate in Iowa by the Iowa division of
			 insurance in an amount of not less than $1 million per occurrence and $3
			 million in the aggregate. Each manufacturer and ASP shall furnish the DCI with
			 proof of this insurance coverage in the form of a certificate of insurance from
			 the insurance company issuing the policy. All insurance policies required by
			 this subrule shall carry an endorsement requiring that the DCI be provided with
			 written notice of cancellation of insurance coverage required by this subrule
			 at least ten days prior to the effective date of cancellation.
(2) Each manufacturer and ASP of IIDs
			 approved for use in Iowa shall maintain an E-mail address and a telephone
			 number that are available 24 hours a day, 365 days a year, for lessees or users
			 to contact the manufacturer or the ASP if lessees or users have problems with
			 the IID leased from the manufacturer or the ASP.
(3) Each manufacturer and ASP of IIDs
			 approved for use in Iowa shall provide the lessee with instructions on how to
			 properly use the IID. The instructions shall include recommending a 15-minute
			 waiting period between the last drink of an alcoholic beverage and the time of
			 breath sample delivery into the IID.
(4) An IID utilized under these rules shall
			 be installed and removed by the manufacturer or the ASP in conformance with the
			 prescribed procedures of the manufacturer.
(5) The department of public safety reserves
			 the right to inspect any IID, manufacturer, or ASP at any time at the
			 department's discretion. All records of IIDs installed, results of
			 calibrations, violations, data logs, and results of known alcohol standards
			 shall be made available for inspection upon request to any representatives of
			 the department of public safety, the department of transportation, or any peace
			 officer.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 159 - Statewide Sobriety and Drug Monitoring Program › Rule 661-159.1 - Program Created

Current through Register Vol. 47, No. 3, July 24, 2024
The statewide sobriety and drug monitoring program, also
				referred to as the"24/7 program," is established in the department of public
				safety for use by participating jurisdictions. The program shall be available
				at least twice per day during hours designated by the law enforcement agency,
				seven days per week in the participating jurisdictions. Participation in or use
				of the 24/7 program is a voluntary decision of a participating jurisdiction. A
				participating jurisdiction cannot be required to participate in or to continue
				to participate in the 24/7 program.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 159 - Statewide Sobriety and Drug Monitoring Program › Rule 661-159.12 - Participant Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requirements.
A person subject to testing in the 24/7 program
			 is required to do all of the following:
a.
			 Abstain from all alcohol and controlled substances while enrolled in the
			 program. If a person has been issued a prescription for a controlled substance,
			 the person may participate in the 24/7 program and continue to take the
			 prescribed controlled substance only with the health care provider's approval
			 and in accordance with the health care provider's written
			 instructions.
b. Submit to testing
			 as required to determine whether alcohol or a controlled substance is present
			 in the person's body.
c.
			 Participate in the 24/7 program when ordered as a condition of bond, pretrial
			 release, sentence, probation, or parole.
d. Sign all forms, waivers and releases and
			 provide all required information that is necessary for participation in the
			 program to enable the testing to occur and the test results to be reported,
			 disseminated and used as required by the 24/7 program, including but not
			 limited to providing testing information to the county attorney, person's
			 attorney, court or parole or probation officer as appropriate.
e. Obtain a temporary restricted license when
			 eligible, if the person's driver's license is suspended or revoked.
f. Unless otherwise ordered by the court,
			 install an approved ignition interlock device on all motor vehicles owned or
			 operated by the person if the person's driver's license is suspended or revoked
			 or as is otherwise required by Iowa Code section
			 321J.17,
			 and in any circumstance in which Iowa Code chapter 321J requires the
			 installation of an ignition interlock device.
g. Pay all program fees, including but not
			 limited to the enrollment fee; the costs of tests, test equipment or test
			 devices; and the costs of installing, activating, monitoring, and deactivating
			 any testing equipment or devices.
h. Agree to be subject to immediate sanctions
			 or timely sanctions, as applicable, for noncompliance with the 24/7 program
			 requirements.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 159 - Statewide Sobriety and Drug Monitoring Program › Rule 661-159.20 - Testing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Methods.
The following methods and procedures shall be used to
			 collect samples or perform testing to determine the presence of alcohol or a
			 controlled substance in the person's breath or bodily fluid.
a. Evidentiary breath testing devices and
			 methods as described in rule 661-l57.2(32lJ).
b. Preliminary breath screening test devices
			 and methods as described in rule 661-l57.5(32lJ).
c. Urine collection methods and equipment as
			 described in rule 661-l57.3(32lJ).
d. The SCRAM® continuous alcohol
			 monitoring or remote breath device.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 159 - Statewide Sobriety and Drug Monitoring Program › Rule 661-159.30 - Program Fees

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Enrollment fee.
A person subject to testing shall pay an
			 enrollment fee of $30 for each enrollment in the program. A person may be
			 ordered or required to enroll in the program more than once, and the enrollment
			 fee is required for each enrollment.
(2)
Fees for tests.
a. A person subject to testing shall pay all
			 fees associated with the testing. The following fees are established:
(1) For breath test, $2 per test.
(2) For a urine test, $6 per test.
(3) For a SCRAM® continuous alcohol
			 monitoring or remote breath device, an installation fee of $30 and a fee of $7
			 per day.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 159 - Statewide Sobriety and Drug Monitoring Program › Rule 661-159.40 - Fees-indigent Participants

Current through Register Vol. 47, No. 3, July 24, 2024
A person subject to testing is required to pay the full fee for
				each test. The fees are established at the minimum level needed to purchase
				supplies and equipment and to cover the costs of administering the
				program.
(1)
Determination of
			 indigency.
A person subject to testing who requests a determination of
			 indigency for purposes of the 24/7 program shall provide all requested
			 financial information. An application for court-appointed counsel may be
			 considered and used in determining whether a person is indigent. A finding of
			 indigency by the court for purposes of determining whether a person should
			 receive court-appointed counsel does not constitute a final determination of
			 indigency for purposes of the 24/7 program. In determining indigency, all
			 relevant information may be considered, including but not limited to income,
			 assets, other sources of support, barter or in-kind payments, and expenditures
			 including but not limited to expenditures for nonessential or luxury
			 items.
(2)
Payment of
			 indigent fees.
a. If a person
			 subject to testing is determined to be indigent and is reasonably able to pay a
			 portion of the required fee for testing but is not able to pay the full fee
			 amount, the person shall pay only the portion of the fee which the person is
			 reasonably able to pay. The law enforcement agency shall authorize payment of
			 the remaining fee out of the 24/7 program funds, including but not limited to
			 funds received from public or private grants, gifts or donations, if such funds
			 have been received and there are funds remaining after paying the costs for
			 testing supplies and devices and the costs to administer the program.
b. If a person subject to testing is
			 determined to be indigent and is not reasonably able to pay any part of the
			 required fee for testing, the law enforcement agency shall authorize the
			 payment of the fee out of the 24/7 program funds, including but not limited to
			 funds received from public or private grants, gifts or donations, if such funds
			 have been received and there are funds remaining after paying the costs for
			 testing supplies and devices and the costs to administer the program.
c. The participating jurisdiction, including
			 the designated law enforcement agency or third-party provider, is not required
			 to provide unpaid or free testing at the jurisdiction's, agency's or provider's
			 expense if there are not sufficient funds in the 24/7 program account. The
			 participating jurisdiction or law enforcement agency shall first use the funds
			 in the 24/7 program account to pay for the participating jurisdiction's costs
			 to administer the program and purchase, rent, or maintain testing equipment and
			 devices and then use any remaining funds to pay fees for indigent
			 participants.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 159 - Statewide Sobriety and Drug Monitoring Program › Rule 661-159.50 - Stakeholder Group

Current through Register Vol. 47, No. 3, July 24, 2024
The department hereby establishes a stakeholder group for the
				24/7 program. The designated stakeholder group for the 24/7 program shall be
				the Iowa impaired driving coalition. Representatives of other public or private
				groups may request to be added to the 24/7 program stakeholder group.
(1)
Duties.
The 24/7 program
			 stakeholder group shall act as an advisory group to the department and the
			 governor's traffic safety bureau. The stakeholder group shall review the 24/7
			 program and recommend changes to the governor's traffic safety
			 bureau.
(2)
Meetings.
The 24/7 program stakeholder group shall meet as
			 requested by the bureau chief of the governor's traffic safety bureau. Notice
			 of the stakeholder meetings shall be provided as required by Iowa Code chapter
			 21. Records of the stakeholder group shall be subject to the provisions of Iowa
			 Code chapter 22.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 159 - Statewide Sobriety and Drug Monitoring Program › Rule 661-159.60 - Grant Program Established

Current through Register Vol. 47, No. 3, July 24, 2024
The department authorizes each participating jurisdiction to
				create a grant program account for the purpose of accepting public and private
				grant funds, gifts and donations to support the 24/7 program of the
				participating jurisdiction. The funds in the account shall be considered public
				funds and shall be subject to the rules and policies of the state auditor's
				office.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 174 - Retail Sales of Pseudoephedrine › Rule 661-174.1 - Electronic Logbooks

Current through Register Vol. 47, No. 3, July 24, 2024
A logbook of retail sales of products containing
				pseudoephedrine, as required in 2005 Iowa Acts, Senate File 169, may be
				recorded in any electronic format, provided that the retailer maintaining the
				logbook provides to any peace officer a printed copy of the information
				required to be maintained in the same manner as would be provided if the
				logbook were maintained on paper.
Note 1: Information required to be recorded in the logbook
				includes the legible signature of the purchaser and the printed name and
				address of the purchaser.
Note 2: This rule applies only to the content of the
				information provided to a peace officer from a logbook, not to the conditions
				or circumstances under which information from a logbook is provided to a peace
				officer.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 174 - Retail Sales of Pseudoephedrine › Rule 661-174.2 - Reporting of Civil Penalties

Current through Register Vol. 47, No. 3, July 24, 2024
Within 30 days of the assessment of a civil penalty upon a
				retailer or employee of a retailer of products containing pseudoephedrine for a
				violation of the provisions of 2005 Iowa Acts, Senate File 169, the city or
				county which has enforced the civil penalty shall report the following
				information to the Director, Iowa Division of Narcotics Enforcement, Wallace
				State Office Building, East 9th and Grand, Des Moines, Iowa 50319:
1. Name and address of the
			 retailer.
2. Name and birth date of
			 the employee, if the civil penalty was assessed against an employee. If the
			 assessment was against more than one employee, the name and birth date of each
			 employee subject to the assessment shall be reported.
3. Date of the violation.
4. Description of the violation.
5. Amount of the civil penalty
			 assessed.