reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 201 - Corrections Department › Title II - Institutions › Chapter 37 - Iowa State Industries › Rule 201-37.10 - Utilization of Offender Labor in Construction and Maintenance Projects

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definitions.
"Director"
means the chief executive officer
				  of the department of corrections.
"Employer"
means a contractor or
				  subcontractor providing maintenance or construction services under contract to
				  the department of corrections or under the department of administrative
				  services.
"Workforce development director"
means the
				  chief executive officer of the department of workforce development.
(2)
Scope.
Utilization of offender labor applies only to contractors or subcontractors
				providing construction or maintenance services to the department of
				corrections. The contract authority for providing construction or maintenance
				services may be the department of administrative services.
(3)
Employer application.
Employers working under contract with the state of Iowa may submit an
				application to the department of corrections to employ offenders. Requests for
				such labor shall not include work release offenders assigned to community-based
				corrections under Iowa Code chapter 905.
a.
				Prior to submitting an application, the employer shall place with the nearest
				workforce development center a job order with a duration of at least 30 days.
				The job order shall contain the prevailing wage determined by the department of
				workforce development. The job order shall be listed statewide in all centers
				and on the department of workforce development's jobs Internet Web
				site.
b. The employer's application
				shall include:
(1) Scope of work, including
				type of work and required number of workers;
(2) Proposed wage rate;
(3) Location;
(4) Duration; and
(5) Reason for utilizing offender
				labor
c. The department
				of corrections shall verify through the department of workforce development the
				employer's 30-day job listing, the average wage rate for the job(s) the
				offenders will perform, the current unemployment rate in the county where the
				employer is located, and the current employment level of the employer that will
				employ the offenders.
Iowa Administrative Code › Agency 201 - Corrections Department › Title II - Institutions › Chapter 38 - Sex Offender Management and Treatment › Rule 201-38.2 - Electronic Monitoring

Current through Register Vol. 47, No. 3, July 24, 2024
It is the intent of the Iowa department of corrections that
				  the electronic monitoring system (EMS) shall be used to enhance public safety.
				  Appropriate levels of EMS should be used to verify the location and restrict
				  the movement of sex offenders based upon a validated risk assessment, the sex
				  offender's criminal history, progress in treatment and supervision, and other
				  relevant factors. EMS is additionally governed by the provisions of department
				  of corrections policy OP-SOP-06.
(1)
Definitions.
" Client"
means a person who is required to
				  register with the Iowa sex offender registry.
"Electronic monitoring system"
or
"EMS"
is a term used collectively for technology that
				  determines the location of clients who have restricted movement while being
				  supervised in their respective community.
(2)
Selection of clients for
				EMS.
All clients on supervision for a current sex offense who are
				required to be registered as a sex offender under Iowa Code chapter 692A shall
				be placed on EMS immediately after assignment to supervision. This level may be
				changed based on risk assessment.
(3)
Risk assessment
				instrument.
Districts shall use the statewide approved and validated
				risk/needs assessment.
(4)
Notification of victims.
The supervising judicial district
				department of correctional services shall notify a registered victim regarding
				a sex offender who is convicted of a sex offense against a minor and who is
				under the supervision of a judicial district department of correctional
				services of the following:
a. The beginning
				date for use of an electronic tracking and monitoring system to supervise the
				sex offender and the type of electronic tracking and monitoring system
				used.
b. The date of any
				modification to the use of an electronic tracking and monitoring system and the
				nature of the change.
Note: Notification includes the initial notification to
				  victims of the date that a client has been placed on an electronic monitoring
				  device, notification as to the date an electronic monitoring device was changed
				  with greater or less monitoring capabilities (GPS to radio frequency or radio
				  frequency to GPS), and notification as to the date the client was removed from
				  an EMS.
Iowa Administrative Code › Agency 201 - Corrections Department › Title II - Institutions › Chapter 38 - Sex Offender Management and Treatment › Rule 201-38.4 - Hormonal Intervention Therapy

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Affected clients.
All
				clients convicted of a "serious sex offense" in which the victim was a child
				who, at the time the offense was committed, was 12 years of age or younger; or
				clients convicted of a second or subsequent offense may be required to undergo
				hormonal intervention therapy as ordered by the court or board of parole in
				accordance with the provisions of Iowa Code section 903B. 10.
(2)
Agency responsibility.
The department of corrections, judicial districts' departments of correctional
				services, and the board of parole responsibilities are defined in accordance
				with the provisions of Iowa Code section
				903B.10.
(3)
Assessment of affected
				clients.
a.
Psychosexual
				assessment.
A psychosexual assessment shall be conducted on all
				"affected" clients, as a part of the presentence investigation (PSI) prior to
				sentencing or upon entry into judicial district department of correctional
				services supervision or institutional placement if a referral for hormonal
				intervention therapy is being made.
(1) The
				psychosexual assessment shall be conducted by or under the direction of:
* A licensed psychologist; or
* A person specifically trained and experienced in the
				  professional administration, scoring and interpretation of psychological tests
				  (graduate level coursework in testing and assessment); or
* A staff member who meets the experience and educational
				  requirements of the Iowa department of administrative services or Iowa
				  community-based corrections psychologist classification.
(2) The psychosexual assessment shall
				include:
* Tests of emotional and mental stability.
* I.Q. to measure capability.
* Measure of denial of deviant sexual characteristics.
* Plethysmography (optional).
(3) The assessment shall follow the statewide
				standardized format and shall include a determination as to the need and
				effectiveness of hormonal intervention therapy as well as treatment
				recommendations.
Iowa Administrative Code › Agency 201 - Corrections Department › Title III - Community-based Corrections › Chapter 40 - Community-based Corrections Administration › Rule 201-40.2 - Accreditation

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The deputy director of the department of
				corrections shall be the accrediting authority. The decisions of the deputy
				director shall be final except as provided in Iowa Code chapters 17A and
				905.
(2) The deputy director shall
				conduct or assign staff the responsibility to conduct the five-year team review
				for accreditation purposes.
(3) The
				deputy director shall make or assign staff to make ongoing site visits during
				the five-year interim following the most recent team review in order to follow
				up on areas designated as needing improvement based on corrective action plans
				from the previous accreditation review period.
(4) The five-year team review shall include a
				complete review of the following:
a. District
				department structure as provided in Iowa Code chapter 905.
b. Bylaws, policies and procedures of the
				board and the district department.
c. Programs mandated by the Code of Iowa and
				any special programs approved by the department of corrections. Programs shall
				comply with program-specific standards developed and approved by the department
				of corrections with collaborative input from the judicial districts and other
				affected stakeholders, i.e., domestic abuse and sex offender
				treatment.
d. Business practices of
				the district department including the use of acceptable accounting procedures
				and the receipt and expenditure of funds. Any reports of the office of the
				state auditor and recommendations contained in those reports, as well as
				evidence of compliance with those recommendations.
e. Any regular or special evaluations of the
				services provided by the district department.
The five-year team review
				  shall be conducted as provided in the "accreditation standards for
				  community-based corrections" and any program-specific standards, which shall be
				  open for public inspection at the offices of the department of corrections. A
				  proposed draft of these standards will be made available to the districts 180
				  days prior to the five-year team review. The accreditation and program-specific
				  final standards, and any changes in the standards, shall be made available to
				  the district departments at least 90 days before the five-year team
				  review.
Iowa Administrative Code › Agency 201 - Corrections Department › Title III - Community-based Corrections › Chapter 40 - Community-based Corrections Administration › Rule 201-40.3 - Investigations

Current through Register Vol. 47, No. 3, July 24, 2024
The deputy director of the department of corrections may
				  investigate charges of abuse, neglect, or mismanagement on the part of a
				  judicial district department of correctional services and its employees. The
				  deputy director may request the director of the department to exercise
				  authority pursuant to Iowa Code sections
				  904.402
				  to
				  904.405.
This rule is intended to implement Iowa Code sections
				  904.402
				  to
				  904.405.
Iowa Administrative Code › Agency 201 - Corrections Department › Title III - Community-based Corrections › Chapter 40 - Community-based Corrections Administration › Rule 201-40.4 - District Board of Directors

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				The board of directors shall adopt bylaws as prescribed in Iowa Code section
				905.4(1).
(2) The board of directors shall establish
				minimum qualifications for the position of the district director which shall
				include, but not be limited to, those set out in Iowa Code section
				905.6.
(3) The board of directors shall select the
				district director of the overall community-based corrections program, who shall
				serve at the board's pleasure and the board shall set the director's salary
				consistent with Iowa Code section
				905.4(2).
(4) The board of directors shall set policies
				and ensure procedures are developed governing the expenditures of funds which
				are in compliance with the requirements of the department of corrections and
				the Code of Iowa.
(5) The board of
				directors shall set policies and ensure procedures are developed governing the
				personnel employed by the judicial district department of correctional
				services.
(6) The board of
				directors shall establish policies and ensure procedures are developed
				governing formal communications between the board and the staff.
(7) The board of directors shall establish
				policies and ensure procedures are developed governing the training of
				staff.
(8) The board of directors
				shall approve a table of organization reflecting current staffing of the
				judicial district department of correctional services.
(9) The board of directors shall annually
				approve the budget and action plan of the judicial district department of
				correctional services which shall include the projected expenditures by program
				and identify the following source of revenue:
(a) state purchase of services
				contract,
(b) federal and local
				grants or contracts,
(c) residential
				client fees,
(d) county
				support,
(e) interest,
(f) other miscellaneous revenues.
Iowa Administrative Code › Agency 201 - Corrections Department › Title III - Community-based Corrections › Chapter 40 - Community-based Corrections Administration › Rule 201-40.5 - District Director

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				department shall have procedures governing the personnel employed by the
				judicial district, and a system of fiscal accountability which ensures
				compliance with the requirements of the department of corrections and the Code
				of Iowa.
(2) The director shall
				provide electronic access to the Code of Iowa and supplements thereof, the Iowa
				Administrative Code, and applicable federal regulations and shall prepare and
				maintain current a department of correctional services policies and procedures
				manual which shall include, but not be limited to, the following:
a. The written bylaws of the board of
				directors of the department of correctional services,
b. All departmental policies and
				procedures,
c. Written standard
				operating procedures governing the staff in the provision of services to
				clients,
d. A table of organization
				reflecting all positions employed within the department of correctional
				services,
e. Job descriptions of
				all positions employed within the department of correctional
				services,
f. A current pay
				plan.
Iowa Administrative Code › Agency 201 - Corrections Department › Title III - Community-based Corrections › Chapter 41 - Preconviction Service › Rule 201-41.1 - Pretrial Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				district department shall designate the staff responsible for providing
				pretrial interviews and release with services programs.
(2) The district department shall establish a
				system of communications with law enforcement and the judiciary regarding the
				availability of pretrial services throughout the entire districts.
(3) The district department shall have
				policies and procedures assuring daily staff contact with all jails in the
				district for the purpose of determining the presence of persons eligible for a
				pretrial interview and shall have policy assuring that all eligible persons are
				provided an interview without unnecessary delay.
(4) The district department shall have
				written policies establishing criteria for screening pretrial release
				candidates which require consideration of those items contained in Iowa Code
				section
				811.2.
(5) The district department shall have
				written policies and procedures which ensure that a case record is maintained
				on each active case under supervised release.
(6) The district department shall have
				written policies and procedures which establish criteria for reporting
				violations of conditions of release to the court.
(7) The district department shall have
				written policies and procedures governing the supervision of persons released
				to assure that adequate supervision is provided.
(8) The district department shall have
				written policies and procedures governing the notification of the agent or
				agencies responsible for correctional clients who receive pretrial
				interviews.
(9) The district
				department shall have written policies which establish a grievance procedure
				for all clients under supervision.
Iowa Administrative Code › Agency 201 - Corrections Department › Title III - Community-based Corrections › Chapter 41 - Preconviction Service › Rule 201-41.2 - Presentence Investigation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				The district department shall be responsible for conducting all presentence
				investigations ordered by the court.
(2) The district department shall have
				written policies and procedures which ensure that all information required by
				the Code of Iowa is included in the presentence investigation report.
(3) The district department shall have
				written policies and procedures which ensure that the presentence investigation
				report includes an identification of client needs, protective factors and the
				results of a validated risk assessment as approved by the department of
				corrections with collaborative input from the judicial districts and other
				affected stakeholders.
(4) The
				district department shall have written policies and procedures which ensure the
				timely transmittal of the presentence report to the appropriate court
				official.
(5) The district
				department shall have written policies and procedures which ensure the
				confidentiality of the presentence report in accordance with the Code of Iowa
				and state regulations, insofar as department handling of the report is
				concerned.
(6) The district
				department shall have written policies and procedures concerning the content of
				presentence investigations ordered by the judiciary when the offense is an
				aggravated misdemeanor or higher.
Iowa Administrative Code › Agency 201 - Corrections Department › Title III - Community-based Corrections › Chapter 44 - Work Release › Rule 201-44.1 - Administration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Supervision.
Persons committed to the director of the
				department of corrections and approved for work release by the board of parole
				shall be supervised and housed by the judicial district departments of
				correctional services in accordance with the purchase of service agreement
				between the district departments and the department of corrections.
(2)
Facility requirements.
a. The facility staff shall ensure the
				provision and maintenance of a safe environment for the residents. Each
				facility shall comply with fire, building, health and safety regulations or
				standards applicable in the local jurisdiction.
b. The district department shall have written
				policy which ensures that at least one staff member is readily available to
				residents 24 hours a day in each work release facility.
c. The district departments shall have
				written policies which establish facility rules, possible sanctions and appeal
				procedures for all residents.
d.
				The district departments shall have written policies and procedures for
				searching work release residents and their property and for seizure of resident
				property or contraband.
e. The
				district departments shall have written policies and procedures which conform
				to appropriate statutes and regulations governing and reporting the use of
				physical force by work release facility staff.
f. The district departments shall have
				written policies and procedures for the control of a work release resident's
				property.
g. District department
				staff shall not purchase, directly or indirectly, property or services
				belonging to or being sold by any person under supervision except as
				specifically allowed under department of corrections policy.
h. The district departments shall have
				written policies which establish a grievance procedure for work release
				residents for activities other than disciplinary action.
i. The district departments shall have
				written policies and procedures which establish compliance with all federal
				PREA standards.
Iowa Administrative Code › Agency 201 - Corrections Department › Title III - Community-based Corrections › Chapter 44 - Work Release › Rule 201-44.2 - Provision of Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Contingency plan.
The district department shall have
				contingency plans that will ensure proper continuation of the program in the
				event of an emergency.
(2)
Food service.
a. The
				district department shall have policies and procedures which ensure that all
				work release residents have access to three meals a day during the week and two
				meals on weekend days and that meals provided at the work release facility meet
				recognized minimum daily nutritional requirements.
b. The district department shall have written
				policies which ensure that if food service is provided, all facilities
				including kitchen equipment and food handlers comply with applicable health and
				safety laws and regulations as evidenced by a certificate of rating from the
				Iowa department of agriculture and land stewardship or local restaurant
				inspection unit.
Iowa Administrative Code › Agency 201 - Corrections Department › Title III - Community-based Corrections › Chapter 44 - Work Release › Rule 201-44.3 - Restitution

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Restitution plan of payment.
The district departments shall
				have a policy and procedure for restitution. The restitution policy and
				procedure shall be administered in accordance with local judicial procedure and
				the Code of Iowa.
(2)
Compliance.
a. The work
				releasee shall submit payments in a timely manner to the clerk of court or
				district department.
b. If payments
				are made to the clerk of the district court, the work releasee shall provide
				the district department proof of payments.
c. The district department shall provide
				statements to the appropriate clerks of court when community service is ordered
				in lieu of financial restitution.
Iowa Administrative Code › Agency 201 - Corrections Department › Title III - Community-based Corrections › Chapter 44 - Work Release › Rule 201-44.4 - Resident Finances

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Residents shall surrender earnings to the facility in accordance with Iowa Code
				section
				904.905.
(2) The district departments of correctional
				services shall provide for proper accounting for the receipt and disbursement
				of resident earnings, in accordance with fiscal requirements established in
				201-subrule 40.5(8).
Iowa Administrative Code › Agency 201 - Corrections Department › Title III - Community-based Corrections › Chapter 44 - Work Release › Rule 201-44.6 - Violations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Preplacement violations.
When disciplinary problems occur with
				residents who have been approved for work release but not yet placed,
				designated staff shall determine whether or not the situation is serious enough
				to warrant further review by the board of parole. Designated staff herein shall
				mean authorized persons from the judicial district department of correctional
				services, the deputy director of community-based corrections, or the sending
				institution.
(2)
Postplacement violation.
Work release violations may be
				classified as technical, minor, or major in accordance with state policy
				depending on the seriousness and frequency. Such classification shall determine
				the sanction or range of sanctions to correspond with the
				violation(s).
(3)
Request
				for temporary custody.
Requests for temporary custody in a county jail
				or municipal holding facility may be issued by an authorized staff person of
				the district department of correctional services, in those cases where the
				resident is considered dangerous, likely to flee or in serious violation of the
				work release program. The requests shall be consistent with department of
				corrections policy.
(4)
Out
				of place/escape.
Residents who are out of place of assignment are
				considered in serious violation of work release rules and possibly guilty of a
				felony under Iowa Code section
				719.4.
				Escapes shall be reported to designated authorities in accordance with
				department of corrections work release policy and critical incident
				policy.
(5)
Reimbursement
				for transportation.
Transportation costs incurred due to a work
				releasee escaping or absconding shall be assessed against the work releasee.
				The amount of reimbursement shall be the actual cost incurred by the department
				of corrections or the judicial district department and shall be credited to the
				support of correctional services account from which the billing occurred.
				Actual cost shall mean the following:
1.
				Actual salary, to include overtime, of all personnel required to return the
				work releasee.
2. Actual personal
				expenses of personnel involved.
3.
				Ground mileage at the rate paid to state employees.
4. Actual cost of any common carrier fare for
				personnel and the work releasee. Air fare shall be booked at regular
				coach.
Iowa Administrative Code › Agency 201 - Corrections Department › Title III - Community-based Corrections › Chapter 44 - Work Release › Rule 201-44.8 - Federal Contracts for Work Release

Current through Register Vol. 47, No. 3, July 24, 2024
In order to qualify nonfederal work release clients for
				  employment in the performance of federal contracts, under presidential
				  Executive Order 11755, each judicial district department of corrections shall
				  ascertain:
(1) That the rate of pay
				and other conditions of employment shall be at a similar rate and mode to
				others employed in like duties;
(2)
				That employment of the work release client will not result in the displacement
				of other persons already employed; will not be utilized where a surplus of
				labor exists; will not harm existing contracts; and
(3) Representatives of affected unions will
				have been consulted.
Iowa Administrative Code › Agency 201 - Corrections Department › Title III - Community-based Corrections › Chapter 45 - Parole › Rule 201-45.1 - Administration

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Supervision.
Persons
				committed to the director of the department of corrections and granted parole
				by the Iowa board of parole shall be supervised by the judicial district
				departments of correctional services. The district departments shall impose
				conditions of parole as established and approved by the board of
				parole.
(2)
Effective
				date/parole agreement.
a. Parole is
				effective only upon the acceptance of the terms of parole as evidenced by the
				signing of the standard parole agreement form by the parolee before a district
				department employee. The parole agreement shall be issued only upon the written
				order of the board of parole and shall not be issued prior to the establishment
				of an approved parole plan. The parolee may not be released on parole prior to
				the execution of the parole agreement. The parole agreement shall contain the
				conditions of parole and shall contain the parolee's reporting
				instructions.
b. Districts shall
				have statewide approved written policies and procedures which ensure the use of
				the statewide case management system. Districts will use the statewide approved
				and validated risk/needs instrument that assesses and addresses client risk,
				criminogenic needs and protective factors in an effort to mitigate the
				probability for future violence, criminal behavior and victimization. By
				stratifying risk using the risk-need-responsivity model, districts will focus
				the majority of their resources on clients who pose a greater risk to reoffend
				ensuring that all moderate-high risk clients receive evidence-based case
				planning and case management using the risk-need-responsivity model and core
				correctional practices to include: ongoing risk needs assessment, case plan
				follow-up and documentation, transfer of records, staff training, and
				continuous quality improvement.
c.
				The district department shall have written policies and procedures to ensure
				the delivery of parole services which are consistent with statewide policy and
				expectations.
Iowa Administrative Code › Agency 201 - Corrections Department › Title III - Community-based Corrections › Chapter 45 - Parole › Rule 201-45.3 - Restitution

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Restitution plan of payment.
There shall be a restitution plan
				of payment developed on those parolees who have been court ordered to pay
				restitution unless the court-ordered restitution plan of payment has been
				completed. Factors which must be considered in developing the restitution plan
				of payment are:
a. Present
				income/employment
b.
				Physical/mental health
c.
				Education
d. Financial
				situation
e. Family circumstances
The district department shall have written policies and
				  procedures governing the development and modification of the restitution plan
				  of payment. Final approval of the restitution plan of payment shall be by the
				  district director
The approved restitution plan of payment shall be forwarded
				  to the appropriate clerk of court by the district department or to the person
				  responsible for collection, if collections are performed by the district
				  department.
Iowa Administrative Code › Agency 201 - Corrections Department › Title III - Community-based Corrections › Chapter 45 - Parole › Rule 201-45.4 - Violations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Offenses.
The district department may at any time report
				violations of the conditions of parole to the board of parole.
Within five business days of receipt of knowledge of the
				  commission of required reportable violations as designated by the board of
				  parole, the supervising officer shall make written report to the board of
				  parole of the violations.
(2)
Detention.
A parole
				officer, with supervisory approval, may arrest a parolee when there is probable
				cause to believe the parolee has violated conditions of parole which may result
				in parole revocation. The arresting agent may request temporary detention of
				the parolee in a local detention facility. In such cases, all actions of the
				agent shall be in accordance with Iowa Code sections
				908.1
				and
				908.2.
(3)
Absconding from
				supervision.
Upon receipt of information that a parolee has absconded
				from supervision, a preliminary parole violation information shall immediately
				be filed with a judge, an associate judge, or a magistrate and a warrant for
				arrest requested.
Iowa Administrative Code › Agency 201 - Corrections Department › Title III - Community-based Corrections › Chapter 45 - Parole › Rule 201-45.5 - Voluntary Return to Institution

Current through Register Vol. 47, No. 3, July 24, 2024
A parolee may return to an Iowa department of corrections
				  institution for a period not to exceed 90 days for treatment or further
				  training, provided a voluntary return agreement is approved and signed by the
				  district department and the warden of said institution and by the parolee prior
				  to the return. A parolee's voluntary return to the institution will also
				  require a hearing with the parole board administrative law
				  judge.
Iowa Administrative Code › Agency 201 - Corrections Department › Title III - Community-based Corrections › Chapter 45 - Parole › Rule 201-45.6 - Discharge From Parole

Current through Register Vol. 47, No. 3, July 24, 2024
The parole officer shall make application for discharge to
				  the district director following the parolee's satisfactory adjustment under
				  supervision and upon the parole officer's determination that the parolee is
				  able and willing to perform in a law-abiding fashion without further
				  supervision. Discharge from parole may be granted prior to expiration of
				  sentence, except for persons convicted for violation of Iowa Code section
				  709.3,
				  709.4
				  or
				  709.8,
				  on or with a child. Such persons shall not be discharged until expiration of
				  maximum sentence. Discharge granted by the district director shall terminate
				  the person's sentence.
(1)
				Recommendation. The recommendation for discharge from parole as submitted by
				the supervising officer shall include, but not be limited to, the following:
a. Parolee's adjustment to parole
				supervision.
b. Public offenses
				committed by the parolee while under supervision.
c. Violation of any parole conditions set by
				the board of parole.
d. Abuse of
				alcohol or drugs while on parole.
e. Restitution accomplished by the parolee.
f. The reasons why the discharge
				is appropriate, based on the consideration of the parolee's level of
				risk.
Iowa Administrative Code › Agency 201 - Corrections Department › Title III - Community-based Corrections › Chapter 45 - Parole › Rule 201-45.7 - Supervision Enrollment Fees

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				The district department shall have written policies and procedures governing
				the preparation, submission, review, modification, collection, and retention of
				supervision enrollment fees, in accordance with Iowa Code section
				905.14(3).
				Payments shall be made directly to the supervising judicial district
				department.
(2) The district
				department shall have written policies and procedures governing the waiver of
				collection of supervision enrollment fees for persons determined to be unable
				to pay, in accordance with Iowa Code section
				905.14(3).
(3) The district department shall have
				written policies and procedures governing the collection and retention of
				supervision enrollment fees for persons transferring to another judicial
				district. Fees will be collected by the supervising judicial district
				department.
(4) The district
				department shall have written policies and procedures governing the collection
				of supervision enrollment fees for persons who receive additional
				supervisions.
Iowa Administrative Code › Agency 201 - Corrections Department › Title III - Community-based Corrections › Chapter 45 - Parole › Rule 201-45.8 - Infectious Disease

Current through Register Vol. 47, No. 3, July 24, 2024
In compliance with Iowa Code section
				  905.15, the
				  district department shall have a written policy and procedure to prevent the
				  transmission of contagious infectious disease.
Iowa Administrative Code › Agency 201 - Corrections Department › Title III - Community-based Corrections › Chapter 47 - Owi Programs › Rule 201-47.1 - Owi Facilities

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Clients
				convicted of an offense under Iowa Code chapter 321J, sentenced to the custody
				of the director of corrections, and assigned to a continuum of programming,
				including treatment providers, residential facilities and institutions, for the
				supervision and treatment of clients shall be subject to the provisions of
				these rules and policies developed by the department of corrections.
(2) The district department shall select
				appropriate facilities and treatment providers subject to the approval of the
				department of corrections, for the risk management and programming of clients
				defined in this chapter
(3) Any
				facility operated by a district department directly or through a contract shall
				comply with the provisions of 201-Chapters 40 and 43 and policies developed by
				the department of corrections to include all federal PREA standards.
(4) All facilities and programs operated
				pursuant to this chapter shall be reviewed for approval by the department of
				corrections initially and every five years thereafter A district department
				which fails to maintain compliance with this chapter shall be subject to the
				provisions of Iowa Code section 905.9.
(5) Any program operated pursuant to this
				chapter shall comply with licensure standards for correctional facilities set
				forth in 641-Chapter 156 of the department of public health's rules.
(6) The district director is responsible for
				all programs and clients that are subject to these rules and will develop
				consistent policies and procedures. Any change in the custody status of clients
				shall be approved by the department of corrections in consultation with a
				district department official.
Iowa Administrative Code › Agency 201 - Corrections Department › Title III - Community-based Corrections › Chapter 47 - Owi Programs › Rule 201-47.3 - Fiscal

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The district
				department shall submit an annual budget on the forms required by the
				department of corrections which includes a budget for all subcontractors
				participating in the program.
(2)
				The district department shall maintain accounting records required by the
				department of corrections which account for revenues and expenditures of daily
				fees, interest, insurance reimbursement, and any other miscellaneous funds
				collected separately from appropriated funds.
(3) The district department shall not enter
				into a subcontract for custody or treatment of clients without the written
				approval of the deputy director of community-based corrections.
a. Subcontractors shall be paid only for
				services provided on a reimbursement basis.
b. The district department shall not pay for
				substance abuse treatment otherwise available and funded from other
				sources.
c. The district department
				and any subcontractor shall, whenever possible, offset the cost of providing
				substance abuse treatment with third-party reimbursements.
d. The district department shall include, in
				any contract for housing or treatment, provisions to protect the district
				department and the department of corrections from liability arising from the
				actions of any subcontractor.
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 50 - Jail Facilities › Rule 201-50.2 - General Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Applicability.
These rules apply to all facilities regulated
				by Iowa Code chapters 356 and 356 A except temporary holding facilities which
				are covered by 201-Chapter 51.
(2)
Capacity.
Established capacities as determined by these rules
				shall not be exceeded except in the event of an emergency and then only for
				such a period of time as is necessary to arrange for alternate housing or
				release of sufficient prisoners to bring the number of persons confined into
				compliance with the rated capacity.
(3)
Right to inspect and
				visit.
The chief jail inspector or authorized representatives shall
				visit and inspect jails and may do so on an unannounced basis. Jail personnel
				and supervisors shall cooperate in inspections and shall exhibit to the
				inspectors, upon request, all books, records, medical records, data, documents
				and accounts pertaining to a jail or to the prisoners confined and shall assist
				inspectors to perform the functions, powers and duties of their office.
				Provisions of the first paragraph of Iowa Code section
				356.43
				shall control to the extent of any inconsistency of the provisions of this
				subrule.
(4)
Other
				standards.
Nothing contained in these standards shall be construed to
				prohibit local officials from adopting standards and requirements governing
				their employees and facilities, provided such standards and requirements exceed
				and do not conflict with standards mandated in this chapter These standards
				shall not be construed as authority to violate any state fire safety standard,
				building standard, health and safety code, or any constitutional requirement.
				No jail shall be operated without substantially meeting these rules, absent the
				granting of a waiver
(5)
Equal opportunity.
Facilities, programs, and services shall be
				available on an equitable basis to both males and females even though each
				standard does not specify that it applies to both males and females.
(6)
Nondiscriminatory
				treatment.
Each jail administrator shall ensure that staff and
				prisoners are not subject to discriminatory treatment based upon race,
				religion, nationality, disability, sex or age absent compelling reason for said
				discriminatory treatment. Discrimination on the basis of a disability is
				prohibited in the provision of services, programs, and activities.
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 50 - Jail Facilities › Rule 201-50.4 - Physical Plant-general

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Building to meet existing codes.
All facilities are required
				to be structurally sound and to meet existing building code and health code
				requirements.
(2)
Professional inspections.
a.
				The state jail inspector may require for good reason that an agency operating a
				jail cause it to be examined by an architect, engineer, licensed electrician,
				health inspector, plumber, heating and air conditioning specialist, food
				establishment inspector, state fire marshal or fire inspector or any other
				person with expertise which may be of assistance to the state jail inspector in
				making an informed decision relative to the jail operation or structure.
				Inspection by a municipal inspector qualified in these areas may be
				permitted.
b. Any facility
				determined to be deficient following inspection may be ordered closed by the
				jail inspector, or specific conditions limiting its operation may be imposed in
				lieu of closing.
An order of closure shall contain the following:
(1) Statute(s) and rule(s)
				violated.
(2) A brief description
				of the deficiencies.
(3) The
				effective date of the order
(4) An
				explanation of remedies required before reopening.
An order of closure shall adhere to subrules 50.3(1) and
				  50.3(2). This order shall be the notice of noncompliance pursuant to Iowa Code
				  section
				  356.43
				  and 201-Chapter 12 concerning contested cases. The matter shall then proceed in
				  accordance with 201-Chapter 12.
c. In the event that any agency fails to
				cooperate in an inspection, the jail inspector may arrange for an inspection
				and the agency operating the facility shall be financially responsible for any
				expense involved.
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 50 - Jail Facilities › Rule 201-50.5 - Physical Requirements for Existing Facilities

Current through Register Vol. 47, No. 3, July 24, 2024
This rule shall apply to all jails in existence prior to June
				  30, 1984. In cases where an existing jail undergoes major remodeling after
				  September 12, 2001, rules 50.6(356,356A) and 50.7(356,356A) shall apply to the
				  area being upgraded.
(1) Each single
				occupancy cell for prisoners in normal status shall have a minimum floor area
				of 40 square feet provided that the prisoner is not required to spend more than
				16 hours during any 24-hour period in the cell.
(2) Each single occupancy cell must provide
				50 square feet of floor space for prisoners held more than 16 hours during any
				24-hour period.
(3) Multiple
				occupancy cells shall provide 40 square feet of floor space for the first
				prisoner and an additional 20 square feet for each additional prisoner provided
				that no prisoner is required to spend more than 16 hours in the cell during any
				24-hour period.
(4) Prisoners held
				in multiple occupancy cells for more than 16 hours during any 24-hour period
				shall have a minimum of 50 square feet of floor space for the first prisoner
				and 30 additional square feet of floor space for each additional
				prisoner
(5) Except in emergency
				situations, no multiple occupancy cell shall house more prisoners than the
				rated capacity.
(6) Dormitory units
				shall have a minimum of 60 square feet of floor space per prisoner
(7) Each single occupancy cell, multiple
				occupancy cell and dormitory unit shall provide the following:
a.
A
minimum of 7 feet from
				floor to ceiling height.
b. A bunk
				of adequate size for normal-sized adults.
c. Access to a functional toilet.
d. Access to a lavatory that furnishes both
				hot and cold water; mixing valves may be used.
e. Sufficient tables and seats to accommodate
				the rated capacity of the unit. The tables and seats may be located in the
				cells or in an adjacent dayroom.
f.
				A functionally operating shower which furnishes both hot and cold water; mixing
				valves may be used. This shower may be either in the housing unit itself or in
				an adjacent area.
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 50 - Jail Facilities › Rule 201-50.6 - Physical Requirements for New and Remodeled Facilities-after June 30, 1984

Current through Register Vol. 47, No. 3, July 24, 2024
This rule shall apply to jails which are of new construction
				  and to all major remodeling after June 30, 1984. For jails which are of new
				  construction and for all major remodeling after September 12, 2001, rule
				  50.7(356,356A) shall apply. Plans for any remodeling or new construction shall
				  be submitted to the jail inspection unit prior to letting any bids or
				  commencing any construction subject to this rule. The jail inspection unit
				  shall, within 60 days of receiving plans, review them for compliance with this
				  rule and forward any comments to the submitting authority.
(1) New housing units may be single occupancy
				cells, multiple occupancy cells or dormitory units. Each single occupancy cell
				shall have a minimum of 70 square feet of floor space. Each multiple occupancy
				cell shall have a minimum of 70 square feet of floor space for the first
				prisoner and an additional 50 square feet of floor space for each additional
				prisoner Dormitory units shall provide a minimum of 60 square feet per
				prisoner
(2) All housing units
				shall provide:
a. No less than 7 feet of space
				between the floor and ceiling.
b. A
				bunk of adequate size for normal-sized adults for each prisoner
c. Sufficient desks/tables and chairs/seats
				to accommodate the capacity of the housing unit.
d. A dayroom which provides a minimum floor
				area of 30 square feet for the first prisoner and an additional 15 square feet
				for each prisoner beyond one. (Dormitories excluded.)
e. A functionally operating shower which
				produces both hot and cold water
f.
				A lavatory that furnishes both hot and cold water for each group of nine
				prisoners or portion thereof.
g. A
				functional toilet for each group of nine prisoners or portion thereof
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 50 - Jail Facilities › Rule 201-50.7 - Physical Requirements for New and Remodeled Facilities-after September 12, 2001

Current through Register Vol. 47, No. 3, July 24, 2024
This rule shall apply to jails which are of new construction
				  and all major remodeling or reconstruction after September 12, 2001. Plans for
				  any remodeling or new construction shall be submitted to the jail inspection
				  unit prior to letting any bids or commencing any construction subject to this
				  rule. The jail inspection unit shall, within 60 days of receiving plans, review
				  them for compliance with this rule and forward any comments to the submitting
				  authority.
(1) New housing units may
				be single occupancy cells, multiple occupancy cells or dormitory units. Each
				single occupancy cell shall have a minimum of 70 square feet of floor space.
				Each multiple occupancy cell shall have a minimum of 35 square feet of
				unencumbered floor space for each prisoner Dormitory units shall provide a
				minimum of 60 square feet per prisoner
(2) All housing units shall provide:
a. No less than 7 feet of space between the
				floor and ceiling.
b. A bunk of
				adequate size for normal-sized adults for each prisoner
c. Sufficient desks/tables and chairs/seats
				to accommodate the capacity of the housing unit.
d. A dayroom which provides a minimum floor
				area of 30 square feet for the first prisoner and an additional 15 square feet
				for each prisoner beyond one. (Dormitories excluded.)
e. A functionally operating shower which
				produces both hot and cold water for each group of 12 prisoners.
f. A lavatory that furnishes both hot and
				cold water for each group of 9 prisoners or portion thereof
g. A functional toilet for each group of 9
				prisoners or portion thereof.