reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 82 - Criminal History and Fingerprint Records › Rule 661-82.1 - Records and Identification Section

Current through Register Vol. 47, No. 3, July 24, 2024
The records and identification section of the division of
				criminal investigation of the department of public safety maintains information
				necessary to identify persons with criminal histories. The section collects,
				files and disseminates criminal history data to authorized criminal justice
				agencies and to the public upon request and updates criminal history data on a
				continuing basis.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 82 - Criminal History and Fingerprint Records › Rule 661-82.101 - Release of Information

Current through Register Vol. 47, No. 3, July 24, 2024
Criminal history data maintained by the records and
				identification section are public records and are released to criminal justice
				agencies and the public as authorized by statute. Only the department of public
				safety may release criminal history information maintained by the department to
				non-criminal justice agencies or persons.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 82 - Criminal History and Fingerprint Records › Rule 661-82.102 - Right of Review

Current through Register Vol. 47, No. 3, July 24, 2024
Any person who has a criminal history record on file with the
				division of criminal investigation has the right to examine and obtain a copy
				of the record. This right may be exercised by an attorney acting on behalf of a
				person with a criminal history record only with written authorization and
				fingerprint identification of the person with the criminal history record.
				Providing a copy of a criminal history record pursuant to this rule is subject
				to the fee provided in rule
				661-82.109
				(692).
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 82 - Criminal History and Fingerprint Records › Rule 661-82.103 - Review of Record

Current through Register Vol. 47, No. 3, July 24, 2024
An individual or an individual's attorney, acting with written
				authorization from the individual, may obtain a copy of the individual's
				criminal history record during normal business hours at the headquarters of the
				division or by submitting a request on a form provided by the department of
				public safety. A copy of this request form may be obtained by writing to
				Division of Criminal Investigation, Iowa Department of Public Safety, State
				Public Safety Headquarters Building, 215 East 7th Street, Des Moines, Iowa
				50319; by telephoning the records and identification section at (515)725-6066;
				or by sending a request by electronic mail
				to
cchinfo@dps.state.ia.us
. The request form may also
				be downloaded from the division's Web site. The completed request form must be
				notarized, if submitted by mail; be accompanied by a set of the fingerprints of
				the individual whose criminal history record is being requested; and include
				submission of the fee established in rule
				661-82.109 (692). After the
				record check has been completed, the fingerprints submitted for verification
				shall be returned, upon request, or destroyed.
Note
: The Web site of the division of criminal
				investigation is
www.dps.state.ia.us/dci
.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 82 - Criminal History and Fingerprint Records › Rule 661-82.104 - Inaccuracies in Criminal History Record

Current through Register Vol. 47, No. 3, July 24, 2024
If an individual believes inaccuracies exist in the
				individual's criminal history record, notice may be filed with the division
				outlining the alleged inaccuracies and should be accompanied by any available
				supporting data. In all instances where a notice is so filed, the division
				shall contact the appropriate arresting agencies, courts of record or
				institutions to verify accuracy of the criminal history record. Any necessary
				changes shall be made to the individual's criminal history record. Any agency
				that previously received a copy of the inaccurate record shall be so notified
				with a corrected copy. A final report shall be made to the individual who filed
				a notice of correction within 20 days of said filing. If, after notice is filed
				and the division makes its final report, the individual is still of the opinion
				that inaccuracies exist within the record, an appeal of the final decision of
				the division to the Polk County district court may be made.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 82 - Criminal History and Fingerprint Records › Rule 661-82.105 - Arresting Agency Portion of Final Disposition Form

Current through Register Vol. 47, No. 3, July 24, 2024
The sheriff of each county and the chief of police of each city
				shall complete the arresting agency portion of the final disposition forms with
				the arrest information for all persons whose fingerprints are taken in
				accordance with these rules or Iowa Code section
				690.2,
				and thereafter forward the form to the appropriate county attorney or, at the
				discretion of the county attorney, to the clerk of district court, or if the
				case remains in juvenile court, to the juvenile court officer who received the
				referral.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 82 - Criminal History and Fingerprint Records › Rule 661-82.106 - Final Disposition Form

Current through Register Vol. 47, No. 3, July 24, 2024
When a preliminary information or citation is dismissed without
				new charges being filed or when a case is ignored by a grand jury, the county
				attorney or juvenile court officer who received the referral shall complete a
				final disposition form and submit it to the division of criminal investigation
				within 30 days. When an indictment is returned or a county attorney's
				information is filed, the final disposition form shall be forwarded by the
				county attorney to the clerk of the court having jurisdiction. The clerk of
				court shall forward a copy to the division of criminal investigation within 30
				days after judgment. If a juvenile is processed through juvenile court, the
				juvenile court officer shall forward the disposition form to the division of
				criminal investigation.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 82 - Criminal History and Fingerprint Records › Rule 661-82.107 - Release of Information to the Public

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The department may release criminal
			 history information to any person or public or private agency upon request by
			 any method approved by the department. Requesters may not receive information
			 regarding arrests older than 18 months that do not have dispositions or
			 deferred judgments when the department has received official notice of
			 successful completion of probation, unless a waiver has been provided to the
			 requester from the person who is the subject of the criminal history
			 information and the waiver is presented to the department at the time the
			 request for the information is made.
(2) Each record released to a non-criminal
			 justice agency shall prominently display the statement: "AN ARREST WITHOUT
			 DISPOSITION IS NOT AN INDICATION OF GUILT."
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 82 - Criminal History and Fingerprint Records › Rule 661-82.108 - Scope of Record Checks for Non-criminal Justice Agencies and Individuals

Current through Register Vol. 47, No. 3, July 24, 2024
Record checks made for non-criminal justice agencies and
				individuals pursuant to these rules are based upon name, including maiden name
				and aliases, if any, and birth date. This information may not be sufficient to
				effect a precise identification of a subject. A record check based solely upon
				name and birth date may refer to multiple subjects or may not result in
				positive identification of the subject of the request. The records of the
				department are based upon reports from other agencies. The department,
				therefore, cannot warrant the completeness or accuracy of the information
				provided. Agencies and individuals that receive criminal history information
				are therefore advised to verify all information received from the department to
				the extent possible (e.g., by contacting the reported arresting agency or
				court).
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 82 - Criminal History and Fingerprint Records › Rule 661-82.109 - Fees

Current through Register Vol. 47, No. 3, July 24, 2024
All individuals, their attorneys, and other non-criminal
				justice agencies requesting criminal history information shall be assessed a
				fee. The department may accept cash, money orders, checks, or credit cards.
				Other arrangements may be made, such as a prepaid account. The fee for receipt
				of criminal history information from the department shall be not more than $15
				for each name for which information is requested. The fee shall be prominently
				posted at the headquarters of the division of criminal investigation. Each
				alias or maiden name submitted shall be considered a separate name for purposes
				of computing this fee. The employer must pay the cost of the criminal history
				fee of a potential employee, if the employer requires receipt of criminal
				history information as a condition of employment.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 82 - Criminal History and Fingerprint Records › Rule 661-82.110 - Requests for Criminal History Data

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requests for criminal history
			 data.
a. Persons or agencies
			 requesting criminal history data should direct requests in writing using forms
			 or methods approved by the commissioner of public safety. Forms to use in
			 requesting criminal history information may be requested by mail to the
			 Division of Criminal Investigation, Iowa Department of Public Safety, State
			 Public Safety Headquarters Building, 215 East 7th Street, Des Moines, Iowa
			 50319; by electronic mail to
cchinfo@dps.state.ia.us
;
			 by telephone at (515)725-6066, or from the Web site of the division.
Note
: The Web site of the division of criminal
				investigation is
www.dps.state.ia.us/dci
.
b. The commissioner may authorize additional
			 methods of requesting criminal history information. These other methods may
			 include fax transmission or computer access. Authorization by the commissioner
			 of public safety shall be based on the ability to securely, efficiently and
			 accurately receive and disseminate criminal history information.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 82 - Criminal History and Fingerprint Records › Rule 661-82.111 - Administrative Sanctions

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 commissioner of public safety may deny or restrict access to criminal history
			 data maintained by the records and identification section of the division of
			 criminal investigation to any agency that fails to comply with the requirements
			 of Iowa Code chapters 690 and 692 for submission of fingerprints and
			 disposition reports to the department of public safety. The commissioner shall
			 notify the affected agency in writing prior to denying or restricting access
			 and shall provide details of the requirements and the nature of the failure to
			 comply.
(2) Any agency that has
			 received notification from the commissioner that the agency's access to
			 criminal history data is to be denied or restricted may protest this action.
			 Protests must be filed with the administrative services division within 30 days
			 of the date of the notification from the commissioner in accordance with rule
			 661-10.101
			 (17A).
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 82 - Criminal History and Fingerprint Records › Rule 661-82.112 - Criminal History Record Checks for Qualified Entities or Authorized Agencies

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 department of public safety may process requests for national criminal history
			 record checks for a qualified entity or authorized agency.
(2) All qualified entities or authorized
			 agencies requesting criminal history record checks shall be required to pay any
			 applicable state and federal fees associated with noncriminal justice record
			 checks. The qualified entity or authorized agency is responsible for such fees
			 whether the qualified entity requests or receives the information directly or
			 through an agency authorized to make fitness determinations as provided in
			 subrule 82.112(3).
(3) Any public
			 entity which has been duly authorized by statute or administrative rule to
			 conduct fitness determinations of volunteers or employees of a qualified entity
			 may receive state criminal history record checks in order to do so. Any public
			 entity which has been duly authorized by statute to conduct fitness
			 examinations of volunteers or employees, including national criminal history
			 checks, may receive national criminal history record checks in order to conduct
			 such examinations.
(4) A school
			 district considering an applicant for a teaching position is a qualified entity
			 pursuant to Iowa Code section
			 279.13.
			 A school district may submit a request for a national criminal history record
			 check of an applicant for employment as a teacher. The request shall be
			 submitted on a form designated by the division of criminal investigation and
			 shall be accompanied by completed fingerprint cards for the applicant and the
			 applicable fee. Prior to submitting the request, the district may contact the
			 division of criminal investigation by telephone at (515)725-6066 or by
			 electronic mail at
cchinfo@dps.state.ia.us
to obtain
			 instructions on the submission or may consult the Web site of the division for
			 such information.
Note
: The Web site of the division of criminal
				investigation is
www.dps.state.ia.us/dci
.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 82 - Criminal History and Fingerprint Records › Rule 661-82.202 - Taking of Fingerprints

Current through Register Vol. 47, No. 3, July 24, 2024
The taking of fingerprints shall be in compliance with Iowa
				Code sections
				232.148(2),
				690.2
				and
				690.4.
				Fingerprints taken pursuant to these sections shall be submitted to the records
				and identification section of the division of criminal investigation within two
				working days, and the department shall submit the fingerprints to the Federal
				Bureau of Investigation.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 83 - Iowa Sex Offender Registry › Rule 661-83.4 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Release of information to criminal or juvenile justice
			 agencies.
The department may, without restriction, release information
			 regarding any registrant to any criminal or juvenile justice agency, an agency
			 of the state of Iowa, any sex offender registry of another state, or the
			 federal government.
(2)
Sex
			 offender registry website.
The department shall place information
			 regarding each registrant on the registry website (
www.iowasexoffender.gov
), except that
			 information regarding any registrant for whom the sole basis of registration is
			 a conviction or convictions for a violation or violations of Iowa Code section
			 709.4(1)
"b"
(3)(d), and whose offense was committed when the offender
			 was under 20 years of age, shall not be placed on the website. Information
			 regarding a registrant placed on the sex offender registry website may include
			 any relevant information allowed under Iowa Code section
			 692A.121.
(3)
Release of information by a
			 criminal or juvenile justice agency.
A criminal or juvenile justice
			 agency may provide relevant information from the sex offender registry to the
			 following:
a. A criminal or juvenile justice
			 agency, an agency of the state, any sex offender registry of another state, or
			 the federal government.
b. The
			 general public, including public and private agencies, organizations, public
			 places, child care facilities, religious and youth organizations, neighbors,
			 neighborhood associations, community meetings, and employers. Registry
			 information may be distributed to the public through printed materials, visual
			 or audio press releases, radio communications, or a criminal or juvenile
			 justice agency's website.
c. The
			 administrative office of a school district in which the person required to
			 register resides and any private school near the person's residence.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 83 - Iowa Sex Offender Registry › Rule 661-83.5 - Expungement of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Expungement upon reversal of conviction.
Upon receipt of a
			 certified copy of a court order reversing a conviction which forms the basis
			 for a registrant's being required to register, the division of criminal
			 investigation shall expunge the registration, provided that the registrant has
			 been convicted of no other offense requiring registration.
(2)
Expungement upon expiration of
			 registration period.
The division of criminal investigation shall
			 expunge a registrant's registration upon expiration of the period during which
			 the registrant is required to register, provided that the registrant has not
			 subsequently been convicted of an offense that would require
			 registration.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 87 - Wireless Communications Service Provider Database › Rule 661-87.1 - Wireless Communications Service Provider Database Established

Current through Register Vol. 47, No. 3, July 24, 2024
The wireless communications service provider database is
				established in the department of public safety. All wireless communications
				service providers authorized to do business in the state of Iowa, or submitting
				to the jurisdiction of the state of Iowa, shall submit current contact
				information to the department of public safety in order to facilitate requests
				from law enforcement agencies and public safety answering points (PSAPs), so
				that law enforcement agencies and PSAPs can promptly obtain location
				information concerning a cell phone or other wireless communications device in
				emergency situations.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 87 - Wireless Communications Service Provider Database › Rule 661-87.2 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following definitions apply to rules 661-87.1 (34A) through
				661-87.6 (34A):
"Department"
means the Iowa department of
				public safety.
"Public safety answering point"
or
"PSAP"
means the same as defined in Iowa Code section
				34A.2(16).
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 87 - Wireless Communications Service Provider Database › Rule 661-87.3 - Administration of Database

Current through Register Vol. 47, No. 3, July 24, 2024
The database is administered by the division of intelligence
				within the department. The information in the database shall only be available
				to law enforcement agencies and PSAPs and only as authorized in Iowa Code
				section
				34A.16
				and these rules.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 87 - Wireless Communications Service Provider Database › Rule 661-87.4 - Confidentiality

Current through Register Vol. 47, No. 3, July 24, 2024
All information and records in the wireless communications
				service provider database maintained by the department and all inquiries and
				results of inquiries to the service providers are confidential records pursuant
				to Iowa Code section
				22.7(5)
				 and chapter 692 and any other applicable
				federal or state laws or rules.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 87 - Wireless Communications Service Provider Database › Rule 661-87.5 - Database Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
			 wireless communications service provider shall provide the following
			 information for the database:
a. Company name
			 of the provider;
b. Physical
			 address;
c. Mailing
			 address;
d. Name of the point of
			 contact for the provider;
e. Phone
			 number and alternate phone number for the point of contact, which will be
			 answered 24 hours a day, 7 days a week, by a person or persons who can promptly
			 provide the location information of the cell phone or other wireless
			 communications device upon the request of the department or other law
			 enforcement agency or PSAP;
f. Fax
			 number; and
g. E-mail
			 address.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 87 - Wireless Communications Service Provider Database › Rule 661-87.6 - Procedures to Request Provider Information

Current through Register Vol. 47, No. 3, July 24, 2024
Upon a determination by a law enforcement agency or PSAP that
				emergency location information for a subscriber's cell phone or other wireless
				communications device is required, the law enforcement agency or PSAP shall
				contact Iowa state patrol communications to request the contact information for
				the wireless communications systems provider.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 88 - Notification of Law Enforcement Agency by Hospital Prior to Discharge of a Person With Serious Mental Impairment › Rule 661-88.1 - Notification Request

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Scope.
Pursuant to 2009 Iowa Code Supplement section
			 229.22
			 as amended by 2010 Iowa Acts, Senate File 2352, a hospital or facility is
			 required to notify a law enforcement agency prior to the discharge of a person
			 who was detained and delivered to the hospital by the law enforcement agency
			 because of a serious mental impairment, provided that the law enforcement
			 agency has submitted to the hospital a request for such notification using the
			 form specified in subrule 88.1(2) and that an arrest warrant has been issued
			 for the person or criminal charges are pending against the person.
(2)
Form.
A law enforcement
			 agency requesting notification prior to the discharge from a hospital of a
			 person who was delivered by a law enforcement agency to the hospital because of
			 a serious mental impairment shall submit Form DPS-229, published by the
			 department of public safety, to the hospital with all portions of the form
			 completed as designated in the instructions.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 89 - Missing Persons › Rule 661-89.100 - Missing Person Information Clearinghouse

Current through Register Vol. 47, No. 3, July 24, 2024
The missing person information clearinghouse is established in
				the division of criminal investigation. The clearinghouse provides a program
				for compiling, coordinating, and disseminating information, in order to locate
				missing persons through public awareness and cooperation, and to educate law
				enforcement officers and the general public about the issues related to missing
				persons.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 89 - Missing Persons › Rule 661-89.101 - Administration of Missing Person Information Clearinghouse

Current through Register Vol. 47, No. 3, July 24, 2024
The division of criminal investigation administers the missing
				person information clearinghouse, and all questions, comments, or requests for,
				or submission of, information should be directed to the clearinghouse at the
				division of criminal investigation. Inquiries by mail should be addressed to:
				Missing Person Information Clearinghouse, Division of Criminal Investigation,
				Iowa Department of Public Safety, State Public Safety Headquarters Building,
				215 East 7th Street, Des Moines, Iowa 50319. Inquiries by electronic mail
				should be addressed to
mpicinfo@dps.state.ia.us
.
[Editorial change: IAC Supplement 6/17/09]
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 89 - Missing Persons › Rule 661-89.102 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The following definitions apply to rules
				661-89.100
				(694) through
				661-89.107 (694).
"Approved"
means having met the criteria set
				forth by the department of public safety.
"Clearinghouse "
means the missing person
				information clearinghouse in the division of criminal investigation, Iowa
				department of public safety.
"Commissioner"
means the commissioner of the
				Iowa department of public safety or the commissioner's authorized
				designee.
"Department"
means the Iowa department of
				public safety.
"Missing person "
means an individual having
				temporary or permanent residence in Iowa, or who is believed to be in Iowa,
				whose location has not been determined, who has been reported as missing to a
				law enforcement agency, and who:
1. Is
			 physically or mentally disabled.
2.
			 Is missing under circumstances indicating that the missing person may be in
			 danger.
3. Is missing under
			 circumstances indicating that the missing person's disappearance was not
			 voluntary.
4. Is under the age of
			 21.
"Missing person report"
means a report filed
				by a law enforcement agency or a private individual with the clearinghouse on a
				missing person report form.
"Missing person report form "
means a form
				designated by the department of public safety for use by private citizens and
				law enforcement agencies to report missing person information to the missing
				person information clearinghouse. Law enforcement agencies may use forms other
				than the form designated by the department of public safety to submit missing
				person information to the clearinghouse, provided that all of the information
				requested on the designated form is provided.
"Prevention and education materials"
means
				those materials that are designed to aid in the prevention of child abduction
				and to address risks of the exploitation of missing children and that are used
				in conjunction with a prevention and education program.
"Prevention and education programs "
means
				those programs which have as their primary purpose the prevention of child
				abduction and of the exploitation of missing children.
"Programs and materials registry"
or
"registry"
means a list of prevention and education
				materials and programs approved by the department.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 89 - Missing Persons › Rule 661-89.103 - Program Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A
			 toll-free telephone line (1-800-346-5507) is available 24 hours a day, seven
			 days a week, to collect and disseminate information concerning missing persons
			 in Iowa.
(2) Current information on
			 Iowa missing persons, including photographs when available, is available on the
			 Web site of the clearinghouse.
(3)
			 After filing a complaint of a missing person with a law enforcement agency, the
			 person filing the complaint may submit information to the clearinghouse on a
			 missing person report form, which may be obtained from the clearinghouse or any
			 law enforcement agency.
(4) After a
			 missing person complaint has been filed with a law enforcement agency, any
			 person may submit information on a missing person report form to the
			 clearinghouse.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 89 - Missing Persons › Rule 661-89.104 - Prevention and Education Programs and Materials

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The clearinghouse shall maintain a
			 registry of approved prevention and education programs and materials regarding
			 missing and runaway children.
(2)
			 Any person or group wishing to submit prevention and education programs and
			 materials for approval and inclusion in the registry may contact the
			 clearinghouse in order to request information on submitting prevention and
			 education programs and materials for approval.
(3) The clearinghouse shall consider
			 prevention and education programs and materials submitted for approval only
			 upon receipt by the clearinghouse of all specified materials. The person or
			 group submitting prevention and education programs or materials to the
			 clearinghouse shall be notified of approval or rejection of the programs or
			 materials on the registry. No prevention and education programs or materials
			 shall be represented as having been approved by the clearinghouse or the
			 department unless they have been approved and placed on the registry.
(4) The following criteria shall govern
			 approval of education and prevention materials and programs by the department:
a. A prevention or education program must
			 contain all elements deemed necessary to adequately cover the subject
			 matter.
b. Prevention and education
			 programs and materials shall not contain any elements determined to be
			 offensive or pornographic or which sensationalize the problem of missing
			 persons.
c. Prevention and
			 education programs and materials shall meet standards established by the
			 department.
d. Prevention and
			 education programs and materials which have been approved by the National
			 Center for Missing and Exploited Children are deemed to be approved by the
			 department.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 89 - Missing Persons › Rule 661-89.105 - Release of Information

Current through Register Vol. 47, No. 3, July 24, 2024
Prevention and education materials and program information
				filed with the clearinghouse for review are open records. Information received
				by the department that pertains to a missing person, other than criminal
				investigative data, shall be open records unless deemed confidential pursuant
				to Iowa Code chapter 22, 692 or 694, or other provision of
				law.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 89 - Missing Persons › Rule 661-89.106 - Dissemination

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 clearinghouse shall distribute missing person information that contains the
			 names, photographs, descriptions, and information related to the events
			 surrounding the disappearance of missing persons through publication on the
			 Missing Person Information Clearinghouse Web site. The law enforcement agency
			 or person to contact if a missing person is located and the names of all
			 located missing persons will be included in the information shown on the Web
			 site.
Note: The Web site of the missing person information
				clearinghouse is
http://www.iowaonline.state.ia.us/mpic/
(2) Each week the clearinghouse
			 shall produce, update, and publish public service announcements on the
			 clearinghouse Web site. A media outlet may request to receive the weekly public
			 service announcement by electronic mail by subscribing to the electronic mail
			 notification service available through the department Web site.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 89 - Missing Persons › Rule 661-89.107 - Training

Current through Register Vol. 47, No. 3, July 24, 2024
The department shall develop training programs for law
				enforcement personnel and the general public.
(1) Training for local law enforcement
			 personnel shall include missing person reporting and legal procedures, tracking
			 of missing persons, unidentified bodies, and criteria and procedures for AMBER
			 alerts.
(2) Training for the
			 general public shall include information to assist in the prevention of child
			 exploitation and kidnapping.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 89 - Missing Persons › Rule 661-89.200 - Amber Alert Program

Current through Register Vol. 47, No. 3, July 24, 2024
The AMBER alert program is a cooperative effort of the
				department of public safety, the department of transportation, the lottery
				authority, the Iowa association of broadcasters, the Iowa state association of
				sheriffs and deputies, local law enforcement agencies, and the national weather
				service.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 89 - Missing Persons › Rule 661-89.201 - Criteria

Current through Register Vol. 47, No. 3, July 24, 2024
An AMBER alert shall be issued by Iowa state patrol
				communications upon receipt of a request from a law enforcement agency,
				provided that the following criteria for issuance of an AMBER alert are
				met:
1. Law enforcement has confirmed
			 that a person has been abducted, and an entry has been made into the Iowa
			 On-line Articles and Warrants (I.O.W.A.) System identifying the person as
			 missing.
2. The person who has been
			 abducted is under the age of 18.
3.
			 Law enforcement believes the circumstances surrounding the abduction indicate
			 that the child is in danger of serious bodily injury or death.
4. There is enough descriptive information
			 about the child, abductor, or suspect's vehicle to believe that an immediate
			 broadcast alert will help.
The criteria should be interpreted broadly so as to protect the
				safety of the abducted child and to maintain the integrity of the AMBER alert
				program and criteria.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 89 - Missing Persons › Rule 661-89.202 - Activation Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An
			 Iowa AMBER alert shall be issued by Iowa state patrol communications upon
			 receipt of a request from a participating law enforcement agency, provided that
			 the criteria established in rule
			 661-89.201 (694) are
			 met.
(2) In order to initiate an
			 Iowa AMBER alert, a law enforcement agency shall submit by facsimile
			 transmission a completed copy of the "State of Iowa AMBER Alert Notification
			 Plan Facsimile Transmission Packet" to the Des Moines station of Iowa state
			 patrol communications. If transmission to the Des Moines station is not
			 feasible, transmission may be made to the Cedar Rapids station of Iowa state
			 patrol communications.
(3) Upon
			 receipt by Iowa state patrol communications of a completed facsimile
			 transmission packet and if the AMBER alert criteria established in rule
			 661-89.201 (694) are
			 met, an AMBER alert shall be transmitted via the Emergency Alert System (EAS)
			 to Iowa broadcasters.
(4) After
			 initiation of an AMBER alert, additional information may be submitted by the
			 participating law enforcement agency by facsimile transmission, electronic
			 mail, or telephone.
(5) After
			 initiation of an AMBER alert, available information shall be posted on the Iowa
			 AMBER alert Web site.
Note: The Web site of the Iowa AMBER alert program is at
www.iowaamberalert.org
.
(6) The communications officer of
			 the Iowa state patrol may direct the issuance of an Iowa AMBER alert, upon
			 receiving a request to do so from another state in which an AMBER alert has
			 been issued, provided that there is evidence that the abductor may be traveling
			 with the abducted child to or through Iowa.
(7) An Iowa AMBER alert shall terminate if
			 the child who was abducted is located or if five hours have elapsed since the
			 initiation of the alert. An alert may be renewed.
(8) If an Iowa AMBER alert is requested and
			 if the circumstances indicate that a person is missing, the information shall
			 be transmitted promptly to the Iowa missing person information
			 clearinghouse.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 89 - Missing Persons › Rule 661-89.203 - Alternative Alert if Criteria Are Not Satisfied

Current through Register Vol. 47, No. 3, July 24, 2024
If an AMBER alert has been requested and the criteria
				established in rule
				661-89.201 (694) are not
				satisfied, the department may issue a missing person alert or a missing child
				alert.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 89 - Missing Persons › Rule 661-89.300 - Blue Alert Program

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter implements the Iowa blue alert program as a
				cooperative effort between the department and local law enforcement agencies to
				aid in the search for a suspect of a crime involving the death or serious
				injury of a peace officer in the line of duty or a peace officer who is missing
				while in the line of duty under circumstances warranting concern for the peace
				officer's safety.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 89 - Missing Persons › Rule 661-89.301 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
The definitions in Iowa Code section
				80H.1 are adopted and
				incorporated herein. In addition:
"In the line of duty"
or
"on
				duty"
means the peace officer is working within the scope of a peace
				officer, or there is evidence the death or serious injury of the peace officer
				or the fact the peace officer is missing is related to the peace officer's
				actions within the scope of a law enforcement officer.
"Serious injury"
means any of the
				following:
1. Disabling mental illness;
2. Bodily injury which does any of the following:
* Creates a substantial risk of death;
* Causes serious permanent disfigurement; or
* Causes protracted loss or impairment of the function of any
				bodily member or organ.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 89 - Missing Persons › Rule 661-89.302 - Criteria for Alert for Officer Injury or Death

Current through Register Vol. 47, No. 3, July 24, 2024
A blue alert shall be issued by Iowa state patrol
				communications upon receipt of a request from a law enforcement agency,
				provided that the following criteria for issuance of a blue alert are
				met:
1. A peace officer has suffered
			 death or serious injury in the line of duty;
2. A law enforcement agency believes that the
			 suspect has not been apprehended;
3. A law enforcement agency believes that the
			 suspect may be a serious threat to the public;
4. Sufficient descriptive information is
			 available to disseminate to the public that could assist in locating the
			 suspect.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 89 - Missing Persons › Rule 661-89.303 - Criteria for Alert for Missing Officer

Current through Register Vol. 47, No. 3, July 24, 2024
A blue alert shall be issued by department communications upon
				receipt of a request from a law enforcement agency, provided that the following
				criteria for issuance of a blue alert are met:
1. A peace officer is missing while in the
			 line of duty under circumstances warranting concern for the peace officer's
			 safety;
2. Sufficient descriptive
			 information is available to disseminate to the public that could assist in
			 locating the missing peace officer.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 89 - Missing Persons › Rule 661-89.304 - Alternative Alert if Criteria Are Not Satisfied

Current through Register Vol. 47, No. 3, July 24, 2024
If a blue alert has been requested and the criteria established
				in rules 661-89.302 (80H) and 661-89.303 (80H) are not satisfied, the
				department may broadcast identifying information of the suspect, issue a
				missing person alert, or both.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 89 - Missing Persons › Rule 661-89.305 - Activation Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) An
			 Iowa blue alert shall be issued by department communications upon receipt of a
			 request from a participating law enforcement agency, provided the criteria
			 established in rules 661-89.302 (80H) and 661-89.303 (80H) are met.
(2) In order to initiate an Iowa blue alert,
			 a law enforcement agency shall submit by facsimile transmission a completed
			 copy of the "State of Iowa Blue Alert Notification Plan Facsimile Transmission
			 Packet" to the Des Moines station of department communications. If transmission
			 to the Des Moines station is not feasible, transmission may be made to the
			 Cedar Rapids department communications.
(3) Upon establishment of the blue alert
			 criteria established in Iowa Code section
			 80H.3 and
			 rules 661-89.302 (80H) and 661-89.303 (80H), the department shall transmit a
			 blue alert through the emergency alert system to Iowa broadcasters.
(4) Upon the transmission of a blue alert,
			 the department shall post the alert on its website, accessible by the public.
Note: The website of the department is
dps.iowa.gov
.
(5) After an initial blue alert transmission,
			 additional information may be submitted by the participating law enforcement
			 agency by facsimile transmission, electronic mail, or telephonic
			 means.
(6) The bureau chief of the
			 department communications bureau may direct the transmission of an Iowa blue
			 alert upon request from another state, provided that there is evidence the
			 suspect may be present in Iowa.
(7)
			 The blue alert transmission may be directed to a specific geographic location
			 within the state if the department communications bureau determines that the
			 nature of the event makes it probable that the suspect or peace officer did not
			 leave a certain geographic location of the state.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 89 - Missing Persons › Rule 661-89.306 - Information Made Public

Current through Register Vol. 47, No. 3, July 24, 2024
The department communications bureau shall not release any
				information about the identity of a peace officer in a case involving the death
				or serious injury of the peace officer who is the subject of a blue
				alert.
If a blue alert is issued because a peace officer is missing
				while on duty, the department communications bureau shall defer to the
				investigating law enforcement agency about the nature and limits of the officer
				information to be made public.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 89 - Missing Persons › Rule 661-89.307 - Termination Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A blue
			 alert shall terminate if any of the following occur:
a. The suspect or peace officer is
			 located;
b. The department
			 determines that the blue alert is no longer an effective tool for locating the
			 suspect or peace officer;
c. Five
			 hours have elapsed since the transmission of the blue alert unless otherwise
			 renewed.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 91 - Weapons and Iowa Professional Permits to Carry Weapons › Rule 661-91.2 - Forms

Current through Register Vol. 47, No. 3, July 24, 2024
The following forms, the use of which is required by provisions
				of this chapter, are provided by the commissioner to Iowa sheriffs:
1. Form WP1. Professional Permit to Carry
			 Weapons
2. Form WP2.
			 Nonprofessional Permit to Carry Weapons
3. Form WP3. Application for Annual Permit to
			 Acquire Pistols or Revolvers
4.
			 Form WP4. Annual Permit to Acquire Pistols or Revolvers
5. Form WP5. Application for Permit to Carry
			 Weapons
6. Form WP6.
			 Revocation/Cancellation of Permit to Carry/Permit to Acquire Weapons
7. Form WP7. Certified Peace Officer Permit
			 to Carry Weapons
8. Form WP8.
			 Reserve Peace Officer Permit to Carry Weapons
9. Form WP9. Authorization for Wallet-Size
			 Permit to Carry Weapons, to be generated by the issuing officer including the
			 type of permit, and, at a minimum, the individual identifiers of name and date
			 of birth. A professional permit to carry weapons shall state the nature of
			 employment requiring the holder to go armed.
10. Form WP10. Authorization for Wallet-Size
			 Annual Permit to Acquire Pistols or Revolvers, to be generated by the issuing
			 officer including the type of permit, and, at a minimum, the individual
			 identifiers of name and date of birth, the residence of the permittee, and the
			 effective date of the permit.
11.
			 Form WP11. Nonprofessional Permit to Carry Weapons (issued to an Iowa resident
			 who is serving on active duty in any branch of the United States military and
			 whose permanent duty station is located in a state other than Iowa).
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 91 - Weapons and Iowa Professional Permits to Carry Weapons › Rule 661-91.3 - Federal and State Prohibitions-permit to Carry Weapons

Current through Register Vol. 47, No. 3, July 24, 2024
(1) United States Code 18 U.S.C. §
			 922(g) prohibits the possession of any firearm by any person:
a. Who has been convicted in any court of a
			 crime punishable by imprisonment for a term exceeding one year; or
b. Who is a fugitive from justice;
			 or
c. Who is an unlawful user of or
			 addicted to any controlled substance; or
d. Who has been adjudicated as a mental
			 defective or who has been committed to a mental institution; or
e. Who, being an alien, is illegally or
			 unlawfully in the United States. Persons lawfully admitted to the United States
			 as immigrant or nonimmigrant aliens must have resided in Iowa for at least 90
			 continuous days before becoming eligible for an Iowa permit to carry weapons.
			 Additionally, nonimmigrant aliens must display a current valid hunting license
			 issued in any state, meet the requirements of an exception pursuant to 18
			 U.S.C.§ 922(y)(2), or display a waiver granted by the United States
			 Attorney General; or
f. Who has
			 been discharged from the armed forces under dishonorable conditions;
			 or
g. Who, having been a citizen of
			 the United States, has renounced the person's citizenship; or
h. Who is subject to a court order that:
(1) Was issued after a hearing for which such
			 person received actual notice and at which such person had an opportunity to
			 participate;
(2) Restrains such
			 person from harassing, stalking, or threatening an intimate partner of such
			 person or child of such intimate partner or person or from engaging in other
			 conduct that would place an intimate partner in reasonable fear of bodily
			 injury to the partner or child; and
(3) Includes a finding that such person
			 represents a credible threat to the physical safety of such intimate partner or
			 child or by its terms explicitly prohibits the use, attempted use, or
			 threatened use of physical force against such intimate partner or child that
			 would reasonably be expected to cause bodily injury; or
i. Who has been convicted in any court of a
			 misdemeanor crime of domestic violence.
Iowa Administrative Code › Agency 661 - Public Safety Department › Chapter 91 - Weapons and Iowa Professional Permits to Carry Weapons › Rule 661-91.4 - Application Procedures for an Iowa Professional Permit to Carry Weapons

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A nonresident
			 of Iowa or a state employee who is required by employment to go armed may apply
			 to the commissioner for a professional permit to carry weapons. The applicant
			 shall comply with all of the following:
a.
			 Submit a fully and accurately completed and signed application for permit to
			 carry weapons.
b. Submit firearm
			 training documentation. For a new application, training may have occurred at
			 any time prior to the submission of the application. For a renewal application,
			 training must have occurred within the 12-month period prior to the expiration
			 date displayed on the applicant's current permit.
c. Submit the required fee:
(1)$50 for a new application, or
(2)$25 for a renewal application.
d. Display identification
			 documentation as defined in rule
			 661-91.1 (724) or
			 provide a photocopy thereof.