Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 51 - Temporary Holding Facilities › Rule 201-51.3 - Inspection and Compliance

Current through Register Vol. 47, No. 3, July 24, 2024
The chief inspector or authorized representatives shall visit
				  and inspect each facility within this state at least annually to determine the
				  degree of compliance with these standards and within 45 days of each inspection
				  shall report the results to the temporary holding facility administrator and
				  the governing body responsible for the facility.
(1)
Notice of noncompliance with
				minimum standards.
Whenever the determination is made that a temporary
				holding facility is not in compliance with established minimum standards, the
				chief administrator of the affected governmental facility will be notified by
				letter posted or personal delivery of the need to bring the facility into
				compliance. The jail inspection unit shall issue a notice of noncompliance to
				the responsible facility administrator and the governing body of each instance
				in which the facility fails to comply with the minimum standards established
				under these rules. The letter shall contain a listing of the statute(s) and
				rule(s) with which the facility is not in compliance and a description of the
				deficiencies and shall specifically identify each minimum standard with which
				the facility has failed to comply.
(2)
Enforcement of minimum standards;
				remedial orders.
Upon receipt of a notice of noncompliance pursuant to
				subrule 51.3(1), the responsible authorities shall initiate appropriate
				corrective measures within the time prescribed by the jail inspection unit in
				its notice (which shall not exceed 90 days) and shall complete the corrections
				within a reasonable time as prescribed by the notice of noncompliance. The jail
				inspector may agree with the responsible authorities to a plan of action
				detailing corrective steps with corresponding time frames which will bring the
				facility into compliance within a reasonable time. If the responsible officials
				receiving notice of noncompliance fail to initiate corrective measures or to
				complete the corrective measures within the time prescribed, the jail
				inspection unit may order the facility in question or any portion thereof
				closed, that further confinement of detainees or classifications of detainees
				in the noncomplying facility or any portion thereof be prohibited, or that all
				or any number of detainees then confined be transferred to and maintained in
				another facility, or any combination of remedies.
An order for closure shall contain the following:
a. Statute(s) and rule(s) violated.
b. A brief description of the
				deficiencies.
c. The effective date
				of the order.
d. An explanation of
				remedies required before reopening.
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. The jail inspector may agree with the
				  responsible authorities to a plan of action detailing corrective steps with
				  corresponding time frames which would bring the facility into compliance within
				  a reasonable time. The remedial order shall be in writing and shall
				  specifically identify each minimum standard with which the facility has failed
				  to comply. Such remedial order shall become final and effective 30 days after
				  receipt thereof. In the event immediate closure is required, emergency action
				  shall proceed pursuant to
				  201-12.24
				  (17A).