reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 12 - Contested Cases › Rule 201-12.15 - Order of Proceedings

Current through Register Vol. 47, No. 3, July 24, 2024
Before testimony is presented, the record shall show the
				  identity of the administrative law judge, the identity of the primary parties
				  and their representatives, and of the fact that all testimony is being
				  recorded. Hearings shall generally be conducted in the following order, subject
				  to the modification at the discretion of the administrative law judge
				  conducting the proceedings.
1. The
				presiding officer or designee may read a summary of the charges and answers
				thereto, and other responsive pleadings filed by the respondent prior to the
				hearing.
2. The assistant attorney
				general or other person representing the state or department interest before
				the administrative law judge shall make a brief opening statement which will be
				a summary of the charges and the witnesses and documents to support such
				charges.
3. The respondent or
				respondents shall each be offered the opportunity to make an opening statement,
				including the names of any witnesses the respondent(s) desires to call in
				defense. A respondent may elect to make the opening statement just prior to the
				presentation of evidence by the respondent.
4. Presentation of evidence on behalf of the
				department.
5. The presentation of
				evidence on behalf of the respondent(s).
6. Rebuttal evidence on behalf of the state
				or department, if any.
7. Rebuttal
				evidence on behalf of the respondent(s), if any.
8. Closing arguments first on behalf of the
				state or department, then on behalf of the respondent, and then on behalf of
				the state or department, if any.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 12 - Contested Cases › Rule 201-12.16 - Rules of Evidence-documentary Evidence-official Notice

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Irrelevant, immaterial and unduly
				repetitious evidence should be excluded. A finding will be based upon the kind
				of evidence upon which reasonably prudent persons are accustomed to rely for
				the conduct of their serious affairs, and may be based upon such evidence even
				if it would be inadmissible in a jury trial. The administrative law judge will
				base the findings upon substantial evidence.
(2) Objections to evidentiary offers may be
				made and shall be noted in the record. Motions and offers to amend the
				pleadings may also be made at the hearing and shall be noted in the record
				together with the rulings thereon.
(3) Subject to above requirements, when a
				hearing will be expedited and the interests of the parties will not be
				prejudiced substantially, any part of the evidence may be submitted in writing
				in certified form, e.g., affidavit, sworn statements or certified
				documents.
(4) Documentary evidence
				may be received in the form of copies if the original is not readily available.
				Documentary evidence may be received in the form of excerpts if the entire
				document is not relevant. Accurate copies of any document should be provided at
				the time of the hearing. Upon request, the parties shall be given the
				opportunity to compare the copy with the original, if available.
(5) Witnesses at the hearing, or persons
				whose testimony has been submitted in written form, if available, shall be
				subject to cross-examination by any party as necessary for a full and true
				disclosure of the facts.
(6)
				Official notice may be taken of all facts of which judicial notice may be taken
				and of other facts within the specialized knowledge of the department. Parties
				shall be notified at the earliest practical time, either before or during the
				hearing or by reference in preliminary reports, preliminary decisions or
				otherwise, of the facts proposed to be noticed and their source, including any
				staff memoranda or data, and the parties shall be afforded an opportunity to
				contest such facts before the decision is announced unless the administrative
				law judge determines as part of the record or decision that fairness of the
				parties does not require an opportunity to contest such facts.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 12 - Contested Cases › Rule 201-12.17 - Proposed Decision

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				decision rendered by the administrative law judge is a proposed decision and
				subject to the review provisions of rule 12.19(17A).
a. A proposed decision shall be in writing
				and shall consist of the following parts.
(1)
				Findings of fact. A party may submit proposed findings of fact and where this
				is done, the decision shall include a ruling on each proposed
				finding.
(2) Conclusions of law.
				The conclusions shall be supported by cited authority or reasoned
				opinion.
(3) Order The decision or
				order which sets forth the action to be taken or the disposition of the
				case.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 12 - Contested Cases › Rule 201-12.19 - Review of Proposed Decision-procedures and Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A party dissatisfied with a proposed
				decision may request the director to review or modify the decision. The
				department may request review if it is dissatisfied with the proposed decision.
				The request for review is begun by serving on the director, either in person or
				by certified mail, a notice of the request for review within ten days after the
				service of the proposed decision or order on the appealing party.
(2) Within ten days after serving notice of
				appeal, the requesting party shall serve copies of the exceptions, if any,
				together with any brief and arguments on the department and all other parties,
				if any. Other parties shall have ten days after service of exceptions and
				briefs on the director to file a responsive brief and argument. Except for the
				request for review, the above time requirements will be extended by stipulation
				of the parties and may be extended upon application approved by the
				director
(3) Oral argument of the
				request for review is discretionary but may be required by the director upon
				the director's own motion. At the times designated for filing briefs and
				arguments, either party may request oral argument. If a request for oral
				argument is granted or required, the director shall notify all parties of the
				date, time and place for an oral presentation, if any.
(4) The record on appeal shall be the entire
				record made before the administrative law judge. The director is not bound by
				any proposed findings of fact, conclusions of law or order but is free to
				accept, affirm, modify or reject such proposed findings, conclusions or order
				The director may consider other evidence or information, with notice to all
				parties, which was not originally presented at the hearing. The director may
				give such new evidence or information whatever value or weight the director
				desires.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 12 - Contested Cases › Rule 201-12.20 - Motion for Rehearing

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Within 20 days after issuance of a proposed decision, any party may file an
				application for a rehearing. The application shall state the specific grounds
				for rehearing and the relief sought. Within 20 days after issuance of a
				proposed decision, any party may file an application for a rehearing upon the
				director and all other parties who are not joining in the application. The
				application shall state the specific grounds for rehearing and the relief
				sought.
(2) Upon a rehearing, the
				director shall consider facts not presented in the original proceeding, if:
a. Such facts arose after the original
				proceedings; or
b. The party
				offering such evidence could not reasonably have provided such evidence at the
				original proceeding; or
c. The
				party offering the additional evidence was misled by any party as to the
				necessity of offering such evidence at the original proceeding, except that
				this subrule shall not relieve any party of its own obligation to control its
				own evidence and defense.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 12 - Contested Cases › Rule 201-12.21 - Final Decision

Current through Register Vol. 47, No. 3, July 24, 2024
The final decision shall be made by the director. The final
				  decision shall be in writing and shall consist of the parts as outlined in
				  subrule 12.17(1). A copy of the decision and order shall immediately be sent by
				  certified mail return receipt requested to the administrator of the facility or
				  agency at the business address or may be served as in the manner of original
				  notices upon the facility or agency. The proposed decision becomes final ten
				  days after issuance if review is not requested.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 12 - Contested Cases › Rule 201-12.22 - Judicial Review and Appeal

Current through Register Vol. 47, No. 3, July 24, 2024
Judicial review of the director's action may be sought in
				  accordance with the Iowa Administrative Procedure Act, from and after the date
				  of the director's order
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 12 - Contested Cases › Rule 201-12.23 - Ex Parte Communications-bias

Current through Register Vol. 47, No. 3, July 24, 2024
Unless required for the disposition of ex parte matters,
				  specifically authorized by statute, no party to a contested case or person with
				  a personal interest in that case may communicate directly or indirectly with
				  the administrative law judge, nor shall the presiding officer communicate
				  directly or indirectly with that party or person, concerning any issues of fact
				  or law in that case. When such a communication occurs, each party shall be
				  given written notice of the communication, containing either the text of a
				  written communication or a summary of an oral communication, and the time,
				  place and means of the communication. After the notice all parties have the
				  right, upon written demand, to respond to the communication at a hearing
				  convened especially for that purpose.
(1)
Inclusive in the record.
Any ex parte communication prohibited by Iowa Code section
				17A.17(2)
				 received by the administrative law judge
				shall be included in the record. If written, the text shall be entered into the
				record; if oral, the administrative law judge shall summarize the communication
				and enter that summary into the record.
(2)
Penalties.
If a party
				knows or reasonably should know that the communication was prohibited by Iowa
				Code section
				17A.17(2),
				the director may censure that person or suspend or revoke that person's right
				to practice before that agency. In the case of prohibited communication which
				has a substantial and adverse impact upon the opposing party's case, the
				director may enter a decision against the party making the communication. Any
				administrative law judge who violates the provisions of section
				17A.17
				or of this rule may be censured, suspended or dismissed by the director of the
				department of corrections.
Iowa Administrative Code › Agency 201 - Corrections Department › Title I - General Departmental Procedures › Chapter 12 - Contested Cases › Rule 201-12.24 - Emergency Action

Current through Register Vol. 47, No. 3, July 24, 2024
If the agency finds that public health, safety or welfare
				  imperatively requires emergency action, and incorporates the finding to that
				  effect in the order, summary suspension of a license may be ordered pending
				  proceedings for revocation or other action. These proceedings shall be promptly
				  instituted and determined.
Iowa Administrative Code › Agency 201 - Corrections Department › Title II - Institutions › Chapter 20 - Institutions Administration › Rule 201-20.1 - Application of Rules

Current through Register Vol. 47, No. 3, July 24, 2024
The rules in this chapter apply to all adult correctional
				  institutions unless otherwise stated. The institutions covered by these rules are
				  the Iowa state penitentiary, Fort Madison, the Anamosa state penitentiary, Anamosa,
				  the Iowa correctional institution for women, Mitchellville, the Iowa medical and
				  classification center, Coralville, the Newton correctional facility, Newton, the Mt.
				  Pleasant correctional facility, Mt. Pleasant, the Clarinda correctional facility,
				  Clarinda, the north central correctional facility, Rockwell City, and the Fort Dodge
				  correctional facility, Fort Dodge.
This rule is intended to implement Iowa Code section
				  904.102.
Iowa Administrative Code › Agency 201 - Corrections Department › Title II - Institutions › Chapter 20 - Institutions Administration › Rule 201-20.4 - Mail

Current through Register Vol. 47, No. 3, July 24, 2024
Constructive, unlimited correspondence with family, friends, and
				  community sources will be encouraged and facilitated. Incarcerated individuals have
				  the responsibility in the use of correspondence to be truthful and honest.
				  Institutions have the responsibility to maintain a safe, secure, and orderly
				  procedure for use of the mail by an incarcerated individual. Mail is additionally
				  governed by the provisions of department of corrections policy OP-MTV-01.
(1)
Nonconfidential.
a. In an effort to maintain proper security
				measures, mail may be monitored and read on a random basis.
b. All nonconfidential mail shall be inspected for
				contraband.
Iowa Administrative Code › Agency 201 - Corrections Department › Title II - Institutions › Chapter 20 - Institutions Administration › Rule 201-20.5 - Money Orders, Cashier's Checks, and Electronic Funds Transfers for Incarcerated Individuals

Current through Register Vol. 47, No. 3, July 24, 2024
An individual may deposit funds in an incarcerated individual's
				  account by money order, cashier's check, or electronic funds transfer. Personal
				  checks and cash will not be accepted. Only money orders and cashier's checks will be
				  accepted for deposit into an incarcerated individual's account by mail. Money orders
				  and cashier's checks must be made payable to the Iowa Department of Corrections
				  Offender Fiduciary Account (IDOC OFA) and sent to: Fort Dodge Correctional Facility,
				  1550 L Street, Suite B, Fort Dodge, Iowa 50501, and must include the incarcerated
				  individual's name and ID number and the sender's name and complete address. Funds
				  will also be accepted via electronic funds transfers from authorized vendors. An
				  incarcerated individual's suspected abuse of requests for money from the public may
				  be cause for limits or restrictions on the amounts of money which can be received
				  and from whom money can be received.
This rule is intended to implement Iowa Code section
				  904.506.
Iowa Administrative Code › Agency 201 - Corrections Department › Title II - Institutions › Chapter 20 - Institutions Administration › Rule 201-20.6 - Publications

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The institution shall allow incarcerated
				individuals access to publications when doing so is consistent with institutional
				goals of maintaining internal order, safety, security, and rehabilitation.
				Publications are additionally governed by the provisions of department of
				corrections policy OP-MTV-02.
(2)
				Publications include any periodical, newspaper, book, pamphlet, magazine,
				newsletter, or similar material published by any individual, organization, company,
				or corporation, and made available for a commercial purpose. Publications may be
				purchased by a third party or an incarcerated individual and shall be unused and
				sent directly from an approved publisher or bookstore which does mail order
				business. Any exceptions must be authorized by the warden. No publication will be
				denied solely on the basis of its appeal to a particular ethnic, racial, religious,
				or political group. The quantity of printed materials, as with other personal
				property, shall be controlled for safety and security reasons.
(3) All publications not on the approved list
				shall be reviewed by a publication review committee for approval or denial.
a. The committee shall be appointed by the
				director or designee, department of corrections, and shall include:
(1) A person with broad exposure to various
				publications.
(2) Two representatives of
				correctional operations.
Iowa Administrative Code › Agency 201 - Corrections Department › Title II - Institutions › Chapter 20 - Institutions Administration › Rule 201-20.7 - Interviews and Statements

Current through Register Vol. 47, No. 3, July 24, 2024
(1) When incarcerated
				individuals are selected to be interviewed and photographed within the institution,
				either individually or as part of a group, identifiable interviews or pictures shall
				have the written consent of the incarcerated individual involved as well as prior
				consent of the warden or designee.
(2)
				The warden is responsible for all communications with mass media.
This rule is intended to implement Iowa Code section
				  904.108(1)
"k."
Iowa Administrative Code › Agency 201 - Corrections Department › Title II - Institutions › Chapter 20 - Institutions Administration › Rule 201-20.8 - Guests of Institution

Current through Register Vol. 47, No. 3, July 24, 2024
Persons wishing to visit the institution shall give prior notice
				  of their intended visit and receive approval for the visit. The prior notice and
				  approval may be waived by the warden or designee for emergencies.
(1) Any guest must agree to comply with the policy
				and procedures of the institution when signing in at the control center.
(2) Persons under 18 years of age may only visit
				with prior approval of the warden or designee and shall be accompanied by a
				responsible adult. An adult shall be in charge of no more than four children.
				Persons under 18 years of age shall not be allowed to make institutional tours of
				maximum security prisons.
(3) Guests
				shall be escorted by a staff member. Any exception shall have prior approval of the
				warden or designee.
(4) Guests shall be
				allowed personal contact with an incarcerated individual only when it serves the
				best interests of the incarcerated individual as determined by the warden or
				designee.
(5) All contacts with
				incarcerated individuals shall be absent of any encouragement, support, or
				suggestion of activity which would bring disorder to the institution.
This rule is intended to implement Iowa Code sections
				  904.108(1)
"k"
and 904.512.
Iowa Administrative Code › Agency 201 - Corrections Department › Title II - Institutions › Chapter 20 - Institutions Administration › Rule 201-20.9 - Donations

Current through Register Vol. 47, No. 3, July 24, 2024
Donations of money, books, games, recreation equipment or other
				  such gifts shall be made directly to the warden or the warden's designee. The warden
				  or the warden's designee shall evaluate the donation in terms of the nature of the
				  contribution to the institution program. The warden or the warden's designee is
				  responsible for accepting the donation and reporting the gift to the institutional
				  deputy director on a monthly basis.
This rule is intended to implement Iowa Code section
				  904.113.
Iowa Administrative Code › Agency 201 - Corrections Department › Title II - Institutions › Chapter 20 - Institutions Administration › Rule 201-20.10 - Incarceration Fees

Current through Register Vol. 47, No. 3, July 24, 2024
The director may charge incarcerated individuals an incarceration
				  fee, pursuant to Iowa Code section 904.108.
This rule is intended to implement Iowa Code section
				  904.108(6).
Iowa Administrative Code › Agency 201 - Corrections Department › Title II - Institutions › Chapter 20 - Institutions Administration › Rule 201-20.11 - Restitution

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Every
				incarcerated individual required by a court order to pay restitution shall have
				a restitution plan and a restitution plan of payment developed, unless a
				court-ordered restitution plan has been completed.
(2) The restitution plan of payment shall
				consider the present circumstances of an incarcerated individual's
				physical/mental health and other legal financial obligations.
(3) The deputy director of institutions shall
				ensure that there are written procedures governing the development and
				modification of each restitution plan and plan of payment.
(4) Each incarcerated individual shall be
				given a Predeprivation Notice: Notice of Intent to Deduct Restitution From All
				Account Credits and Notice of Opportunity to Respond during initial reception
				following admission to the Iowa medical and classification center (IMCC) or the
				Iowa correctional institution for women (ICIW).
(5) Initial complaints by incarcerated
				individuals regarding restitution plans of payment or modifications may be
				addressed via the grievance procedure for incarcerated individuals.
(6) The staff shall explain the restitution
				plan of payment to the incarcerated individual. Each incarcerated individual
				shall receive a copy of the restitution plan of payment.
(7) Restitution payments shall be deducted
				from all credits to an incarcerated individual's account. Up to 50 percent may
				be deducted. The following are exempt for deductions from credits to an
				incarcerated individual's account from an outside source:
a. An amount, assessed by the warden or
				designee, specifically for medical costs. The same percent as established in
				the restitution plan will be deducted from any amount over the total amount
				assessed. If the medical procedures are not performed or carried out, the money
				shall be returned to the sender at the incarcerated individual's
				expense.
b. An amount, assessed by
				the warden or designee, specifically for the cost of a funeral trip. The same
				percent as established in the restitution plan will be deducted from any amount
				over the total amount assessed.
c.
				An amount as assessed by the appropriate authority specifically for
				transportation fees as a result of work release/OWI violations or compact
				transfers. The same percent as established in the restitution plan will be
				deducted from any amount over the total amount assessed.
d. An account transfer from one institution
				to another.
e. Refunds from outside
				vendors or institution commissaries.
f. Property tort claims.
g. Any other exception approved by the warden
				or designee.
Iowa Administrative Code › Agency 201 - Corrections Department › Title II - Institutions › Chapter 20 - Institutions Administration › Rule 201-20.12 - Furloughs

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Furloughs are a privilege, not a right, and
				may be denied or canceled at any time for reasons deemed sufficient by the warden.
				Reasons for denial or cancellation shall be given to the incarcerated
				individual.
(2) Emergency family
				furlough shall be considered in the event of a death or imminent death in the
				immediate family.
(3) Emergency medical
				furlough is for those incarcerated individuals whose medical condition has
				deteriorated to the point of incapacitation or to a comatose state.
(4) Both emergency family furloughs and emergency
				medical furloughs shall have approval of the warden and the institutional deputy
				director.
(5) Furloughs are additionally
				governed by the provisions of the department's furlough policy IS-RL-04.
This rule is intended to implement Iowa Code section
				  904.108(2).
Iowa Administrative Code › Agency 201 - Corrections Department › Title II - Institutions › Chapter 20 - Institutions Administration › Rule 201-20.13 - Board of Parole Interviews

Current through Register Vol. 47, No. 3, July 24, 2024
Each institution provides space for the conduct of interviews
				  between the Iowa board of parole and institutional incarcerated individuals.
				  When these meetings are held in correctional institutions, attendance is
				  subject to security and safety regulations as stated herein. Any exception to
				  these rules must have prior approval of the director of the department of
				  corrections or designee.
(1) Persons
				desiring to attend a board of parole interview who are not on an incarcerated
				individual's visiting list shall notify the warden of the respective
				institution of their intent to attend. A visitor's application will be sent to
				the person, and the completed application must be received back by the
				institution at least 15 days prior to the scheduled date of the parole
				interview in order that a background investigation with law enforcement
				officials may be completed prior to attendance at the parole interview.
				Following a successful background investigation, authorization to attend parole
				interviews will be continuous subject to these rules and any subsequent
				background investigations conducted at the discretion of the warden .
(2) Due to security considerations, those
				persons excluded from applying for visitation privileges pursuant to
				subparagraphs 20.3(4)
"a"(l)
to (7), inclusive, are also
				excluded from attending parole board interviews as listed below:
a. Individuals who have been discharged from
				a correctional institution within the last 18 months.
b. Individuals whose behavior represents a
				control problem or is counterproductive to the rehabilitation of the
				incarcerated individual. This may be reflected in the background investigation
				report which shows the individual's having a record of carrying concealed
				weapons, irresponsible or illegal use of a controlled substance, previous
				violation of institutional rules, or similar behavior.
c. Individuals on probation, work release or
				parole.
d. Individuals who have
				been convicted of incidents of aiding an escape or introducing contraband in
				any detention or supervised correctional setting.
e. Individuals who intentionally give false
				information.
f. Ex-felons.
g. When the interview is held inside the
				institution proper, no children under the age of 18 are allowed.
Iowa Administrative Code › Agency 201 - Corrections Department › Title II - Institutions › Chapter 20 - Institutions Administration › Rule 201-20.14 - Transportation for Incarcerated Individuals

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Companies under contract to county or
				state agencies to transport Iowa incarcerated individuals must meet the
				requirements of this rule to qualify for exemption under Iowa Code section
				80A.2.
(2) To comply with the exemption in Iowa Code
				section
				80A.2, the
				following requirements shall apply:
a.
				Companies contracting with any jurisdiction/agency within the state of Iowa
				shall provide, upon request, training and compliance with policy standards
				governing weapons, security, transportation, and management procedures for
				incarcerated individuals essential to accomplishing safe and secure movement of
				incarcerated individuals.
b.
				Companies contracting to provide transportation for incarcerated individuals
				with a jurisdiction/agency within the state of Iowa shall provide proof of
				insurance coverage including, but not limited to, comprehensive general
				liability, automobile liability, workers' compensation insurance, all inclusive
				policies, general liability, and errors or omissions.
c. Companies contracting with any
				jurisdiction/agency within the state of Iowa shall provide the names, dates of
				birth, and social security numbers of all transportation personnel for criminal
				history checks.
d. All transporting
				personnel shall possess appropriate and valid driver's licenses as required by
				the regulatory agencies.
e. All
				transporting vehicles shall be licensed under the appropriate Interstate
				Commerce Commission (ICC) regulations and the state where the vehicle is
				registered.
f. All
				transmitting/receiving radios and communication equipment shall comply with
				Federal Communications Commission (FCC) regulations.
g. This exemption applies only to
				transportation companies for incarcerated individuals. This exemption does not
				provide exemption for any other part of this statute.
This rule is intended to implement Iowa Code section
				  80A.2.
Iowa Administrative Code › Agency 201 - Corrections Department › Title II - Institutions › Chapter 20 - Institutions Administration › Rule 201-20.15 - Victim Notification

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Definitions.
"Notification"
means mailing by regular mail or
				  providing for hand delivery of appropriate information or papers. However, this
				  notification procedure does not prohibit an agency from also providing appropriate
				  information to a registered victim by telephone.
"Registered"
means having provided the
				  appropriate office, agency, or department with the victim's written request for
				  notification and current mailing address and telephone number.
"Victim"
means a person who has suffered
				  physical, emotional, or financial harm as the result of a public offense, other than
				  a simple misdemeanor, committed in this state. The term also includes the immediate
				  family members of a victim who died or was rendered incompetent as a result of the
				  offense or who was under 18 years of age at the time of the offense.
"Violent crime"
means a forcible felony, as
				  defined in Iowa Code section 702.11, and includes any other felony or aggravated
				  misdemeanor which involved the actual or threatened infliction of physical or
				  emotional injury on one or more persons.
(2) A victim of a violent crime may become
				registered with the department of corrections which entitles the victim to be
				notified when the incarcerated individual is to be released in any of the following
				situations:
a.
Work release.
Approximate date of release and whether the incarcerated individual is expected to
				return to the community where the victim resides will be provided.
b.
Furlough.
Date of leave, date
				of return and whether the incarcerated individual is expected to return to the
				community where the victim resides will be provided.
c.
Escape.
Date of escape will be
				provided.
d.
Expiration of
				sentence.
Date of discharge from an institution will be provided.
e.
Recommendations for parole.
The institution has submitted a recommendation for parole.
f.
Parole.
Approximate date of
				release and whether the incarcerated individual is expected to return to the
				community where the victim resides.
Iowa Administrative Code › Agency 201 - Corrections Department › Title II - Institutions › Chapter 20 - Institutions Administration › Rule 201-20.17 - Institutional Community Placement

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Home care program.
This
				program allows for selected incarcerated individuals to be released from
				institutional confinement for a set period of time for the purpose of caring
				for the incarcerated individual's immediate family. Release may be to a
				community correction residential facility/halfway house or to the incarcerated
				individual's home, home of an immediate family member, or other approved
				arrangements, provided the living environment is suitable to institutional
				requirements. Release may be for a set number of hours or days as appropriate.
a.
Eligibility criteria.
(1) The incarcerated individual must be the
				natural parent or legal guardian of the child/children.
(2) The incarcerated individual must show
				cause that this program can provide more suitable care than the present living
				situation of the child/children.
(3) The child/children must be
				minor(s).
(4) The incarcerated
				individual must have been the primary caretaker of the child/children prior to
				incarceration.
(5) Investigating
				staff must be able to confirm that the incarcerated individual had
				satisfactorily served this care prior to incarceration.
(6) The proposed living arrangements shall
				provide a suitable environment for the incarcerated individual and
				dependents.
(7) The physical
				structure of the residence shall provide for adequate space, meet sanitary,
				health and safety requirements, and be in good repair. A functional telephone
				must be maintained in the residence at all times.
(8) It will be verified that the incarcerated
				individual, including spouse or immediate family member living at the same
				residence, can and will provide adequate support towards the child, children,
				or other dependent. Eligibility requirements for assistance through the
				department of human services programs (FIP, food stamps, etc.) will be verified
				prior to final approval.
(9) It
				will be verified that the incarcerated individual or immediate family living at
				the residence can provide adequate transportation or that public transportation
				is available.
(10) Adequate support
				services (medical, psychological, educational, as well as other treatment
				programs) must be arranged and available to both the incarcerated individual
				and dependents.
(11) Dependent care
				for an adult member of the incarcerated individual's immediate family must
				include a medically documented need with periodic supervision or other approved
				arrangements by a health-trained professional.
Iowa Administrative Code › Agency 201 - Corrections Department › Title II - Institutions › Chapter 20 - Institutions Administration › Rule 201-20.20 - Incarcerated Individuals' Telephone Commissions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definitions.
"Corrections board"
means the department of
				  corrections board.
"Deputy director of institutions"
means the
				  person responsible for operation of institution services.
"Director"
means the chief executive officer of the department of corrections.
"Financial manager of administration"
means the
				  person responsible for budgeting and planning.
"Warden"
means the chief executive officer of the
				  institution or correctional facility.
(2)
Deposit of funds.
The
				department of corrections shall deposit and account for all telephone commissions in
				a clearing account within the central office. The financial manager of
				administration will determine commissions generated by each institution, based on a
				report from the vendor, for deposit in the institution's telephone rebate fund for
				incarcerated individuals.
(3)
Request for funds.
Each warden will determine recurring needs and
				special projects and submit a written proposal to the deputy director of
				institutions for all expenditures and encumbrances.
(4)
Review and approval of
				expenditures.
The deputy director of operations and the financial manager
				of administration will review the proposals for an annual presentation by the
				director to the corrections board for approval. The director will notify the
				chairpersons and ranking members of the justice system's appropriations subcommittee
				of the proposals prior to the corrections board approval. All expenditures and
				encumbrances shall require prior approval from the corrections board and the deputy
				director of operations. Institutions shall not be allowed to encumber or expend
				funds without approval. Revenues generated by telephone commissions at each
				institution shall be used to determine the availability of funds for each
				project.
(5)
Permitted
				expenditures.
The director shall advance to the corrections board for
				approval only projects that benefit incarcerated individuals. Expenditures may
				include, but are not limited to, projects that provide educational, vocational or
				recreational services or projects, or work or treatment programs for incarcerated
				individuals. Expenditures may also be used to initiate new programs, services, or
				projects. Institutions shall give spending priority to programs, services, and
				projects that promote the health and welfare of incarcerated individuals.
This rule is intended to implement Iowa Code section
				  904.508A.
Iowa Administrative Code › Agency 201 - Corrections Department › Title II - Institutions › Chapter 37 - Iowa State Industries › Rule 201-37.1 - Mission and Function

Current through Register Vol. 47, No. 3, July 24, 2024
Iowa state industries, which is established by Iowa Code
				  chapter 904, consists of a policy board, a director, and manufacturing,
				  farming, surplus and private sector work programs. Each business is entirely
				  self-funded and receives no state appropriation.
(1)The mission of Iowa state industries is to
				employ staff and offenders who are dedicated to providing exceptional service,
				reasonable prices and quality products.
(2) Iowa state industries is charged with
				making available to offenders of the state correctional institutions
				opportunities for work in meaningful jobs that will ensure the offenders'
				chances of a successful return to society as law-abiding and self-supporting
				members of the community upon the offenders' release. Iowa state industries is
				further charged with enabling offenders to work in order to provide financial
				assistance to their dependents, make restitution, pay the cost of board and
				maintenance in a correctional institution, and accumulate savings upon their
				eventual return to the community.
Iowa Administrative Code › Agency 201 - Corrections Department › Title II - Institutions › Chapter 37 - Iowa State Industries › Rule 201-37.2 - Sale of Products

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Iowa state
				industries shall sell products to any tax-supported institution or governmental
				subdivision in any level of government, including state, county, city or
				school. Iowa state industries may sell products to employees of such
				entities.
(2) Iowa state industries
				may sell products to nonprofit organizations such as parochial schools,
				churches, or fraternal organizations.
(3) Iowa state industries may sell products
				to nonprofit health care facilities serving Medicaid or social security
				patients.
(4) Iowa state industries
				may sell products to a general contractor when the products purchased will be
				sold to a public entity as provided in subrules 37.2(1) to 37.2(3). The public
				entity shall submit a written request to Iowa state industries specifying the
				products and quantities to be purchased. Such sales shall be limited to
				contractors involved in construction, renovation, and remodeling projects.
				Sales to a general contractor above $50,000 shall be approved by the Iowa
				prison industries advisory board.
This rule is intended to implement Iowa Code section
				  904.815.
Iowa Administrative Code › Agency 201 - Corrections Department › Title II - Institutions › Chapter 37 - Iowa State Industries › Rule 201-37.3 - Catalogs

Current through Register Vol. 47, No. 3, July 24, 2024
Catalogs are available online at the Iowa state industries
				  Internet home page
http://www.iaprisonind.com
, or at the
				  Iowa state industries showroom located at 1445 East Grand Avenue, Des Moines,
				  Iowa 50316. Requests for mailed copies may be sent to the Iowa state industries
				  showroom address.
Iowa Administrative Code › Agency 201 - Corrections Department › Title II - Institutions › Chapter 37 - Iowa State Industries › Rule 201-37.4 - Offices

Current through Register Vol. 47, No. 3, July 24, 2024
The showroom and main office for Iowa state industries are
				  located at 1445 East Grand Avenue, Des Moines, Iowa 50316; telephone
				  (515)242-5778. Office hours are 8 a.m. to 4:30 p.m., Monday through Friday,
				  excluding holidays.
Iowa Administrative Code › Agency 201 - Corrections Department › Title II - Institutions › Chapter 37 - Iowa State Industries › Rule 201-37.5 - Obtaining Information From or Reporting Information to Iowa State Industries

Current through Register Vol. 47, No. 3, July 24, 2024
Persons wishing to obtain information from or report
				  information to Iowa state industries may contact the Iowa State Industries
				  Business Office, P.O. Box 430,406 North High Street, Anamosa, Iowa 52205;
				  telephone (319)462-3504. Office hours are 7:30 a.m. to 4 p.m., Monday through
				  Friday, excluding holidays. Information may also be found on the Iowa state
				  industries Web site:
http://www.iaprisonind.com
.
Iowa Administrative Code › Agency 201 - Corrections Department › Title II - Institutions › Chapter 37 - Iowa State Industries › Rule 201-37.7 - Procurement of Goods and Services

Current through Register Vol. 47, No. 3, July 24, 2024
The provisions of 11-Chapter 117 are hereby adopted by
				  reference with the following amendments.
1. Strike "Department of Administrative
				Services" and insert in lieu thereof "Iowa State Industries" in all rules
				except rule
				11-117.11
				(8A), which pertains to procurement of information technology devices and
				services.
2. In lieu of the
				definitions of "Department" and "Director," insert the following:
"Department" means the division of Iowa state
				  industries.
"Director" means the director of the division of Iowa state
				  industries or the director's designee.
3. Rules
				11-117.7
				(8A) and
				11-117.15
				(8A) and subrule 117.4(3) are not adopted.
4. In lieu of the text of 11-subrule
				117.14(1), insert the following: "Purchase of goods. An agency may acquire
				goods not otherwise available through a master agreement in accordance with the
				procurement threshold guidelines in 11-subrule 117.5(3)."
5. In lieu of the text of rule
				11-117.20 (8A),
				insert the following: "Appeal process. Vendors may appeal actions by Iowa state
				industries under these rules as follows:
"Step 1. Appeals shall be filed in writing to the Business
				  Manager, Iowa State Industries, 406 North High Street, Anamosa, Iowa 52205,
				  within 5 working days of notification of the action being appealed. The appeal
				  shall state the specific grounds upon which the vendor is challenging the
				  action. The business manager, Iowa state industries, shall notify the vendor in
				  writing of the decision within 10 working days.
"Step 2. If the appeal is not resolved, it may be further
				  appealed by the vendor to the Director of Iowa State Industries, Jessie Parker
				  State Office Bldg., 510 East 12th Street, Des Moines, Iowa 50319, within 10
				  working days of the notification of the Step 1 appeal response. The director of
				  Iowa state industries shall notify the vendor in writing of the decision within
				  15 working days.
"Step 3. An unresolved appeal to the Director of Iowa State
				  Industries shall be referred to the Director of the Department of Corrections,
				  Jessie Parker State Office Bldg., 510 East 12th Street, Des Moines, Iowa 50319,
				  within 10 working days of the notification of the Step 2 appeal response. The
				  director of the department of corrections shall notify the vendor in writing of
				  the decision within 15 working days."
This rule is intended to implement Iowa Code section
				  904.813.
Iowa Administrative Code › Agency 201 - Corrections Department › Title II - Institutions › Chapter 37 - Iowa State Industries › Rule 201-37.8 - Prison Industries Advisory Board

Current through Register Vol. 47, No. 3, July 24, 2024
The state director of Iowa state industries has, by statute,
				  the advice and counsel of the prison industries advisory board.
(1) Rules of procedure. The seven-member
				prison industries advisory board is represented by five appointees of the
				governor, one appointee of the parole board, and one appointee of the director,
				department of corrections. The principal duties of the advisory board are to
				promulgate and adopt rules and to advise the director, Iowa state industries,
				regarding the management of Iowa state industries.
a. A quorum shall consist of five
				members.
b. When a quorum is
				present, a position is carried by a majority of the members of the
				board.
c. The board shall meet at
				least once per calendar quarter. The meetings will be held at the seat of
				government unless notification is given otherwise. Other meetings shall be held
				at the call of the chairperson or of any three members when necessary for the
				board to discharge its duties.
(1) Notice of
				the meetings shall be given pursuant to Iowa Code chapter 21.
(2) When it is necessary to hold an emergency
				meeting, the communications media shall be notified as far in advance of the
				meeting as time allows. The nature of the emergency shall be stated in the
				minutes.
d. Copies of the
				minutes are kept on file in the office of the director, Iowa state industries.
				Minutes are available from the director's office to interested persons upon
				request. Organizations may request to be placed on a mailing list. Copies of
				administrative rules and other materials considered are made a part of the
				minutes by reference.
e. In cases
				not covered by these rules, Robert's Rules of Order shall govern.
Iowa Administrative Code › Agency 201 - Corrections Department › Title II - Institutions › Chapter 37 - Iowa State Industries › Rule 201-37.9 - Private Sector Employment Projects

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Definitions.
"Advisory board"
means the prison industries
				  advisory board.
"Deputy director of prison industries"
means
				  the department of corrections deputy director responsible for the day-to-day
				  operations of prison industries including private sector individuals.
"Director"
means the chief executive officer
				  of the department of corrections.
"Wage range"
means the wage paid that is
				  commensurate to wages paid to persons in similar jobs outside the correctional
				  institution.
"Workforce development board"
means the
				  state workforce development board.
"Workforce development director "
means the
				  chief executive officer of the department of workforce
				  development.
(2)
Pre
				application requirement.
Prior to submitting an application to the
				deputy director of prison industries for a private sector employment project,
				the employer shall place a job order with a duration of at least 30 days with
				the nearest workforce development center. The job order will contain the
				prevailing wage determined by workforce development. The job order shall be
				listed statewide in all centers and on the department of workforce
				development's jobs Internet Web site.
(3)
Employer application.
a. Private sector employers requesting
				offender labor must submit the following to the deputy director of prison
				industries:
(1) Work program, including job
				description;
(2) Proposed wage
				rate;
(3) Description of job
				site;
(4) Duration of the work;
				and
(5) A copy of the job order
				listing with workforce development.