Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 50 - Jail Facilities › Rule 201-50.3 - Inspection and Compliance

Current through Register Vol. 47, No. 3, July 24, 2024
The chief jail inspector or authorized representatives shall
				  visit and inspect each jail within this state at least annually to determine
				  the degree of compliance with these standards and within 45 days of each
				  inspection shall report the results to the sheriff and the governing body
				  responsible for the facility.
(1)
Notice of noncompliance with minimum standards.
Whenever the
				determination is made that a jail or other holding facility is not in
				compliance with established minimum state jail standards, the chief
				administrator of the affected governmental facility will be notified by letter
				posted or personal delivery of the need to bring the facility into compliance.
				The jail inspection unit shall issue a notice of noncompliance to the
				responsible jail administrator and the governing body of each instance in which
				the jail fails to comply with the minimum standards established under these
				rules. The letter shall contain a listing of the statute(s) and rule(s) with
				which the facility is not in compliance and a description of the deficiencies
				and shall specifically identify each minimum standard with which the jail has
				failed to comply.
(2)
Enforcement of minimum standards; remedial orders.
Upon
				receipt of a notice of noncompliance pursuant to subrule 50.3(1), the
				responsible authorities shall initiate appropriate corrective measures within
				the time prescribed by the jail inspection unit in its notice (which shall not
				exceed 90 days) and shall complete the corrections within a reasonable time as
				prescribed by the notice of noncompliance. The jail inspector may agree with
				the responsible authorities to a plan of action detailing corrective steps with
				corresponding time frames which will bring the facility into compliance within
				a reasonable time. If the responsible officials receiving a notice of
				noncompliance fail to initiate corrective measures or to complete the
				corrective measures within the time prescribed, the jail inspection unit may
				order the jail in question or any portion thereof closed, that further
				confinement of prisoners or classifications of prisoners in the noncomplying
				jail or any portion thereof be prohibited, or that all or any number of
				prisoners then confined be transferred to and maintained in another jail or
				detention facility, or any combination of remedies.
An order for closure shall contain the following:
a. Statute(s) and rule(s) violated.
b. A brief description of the
				deficiencies.
c. The effective date
				of the order.
d. An explanation of
				remedies required before reopening.
This order shall be the notice of noncompliance pursuant to
				  Iowa Code section
				  356.43
				  and 201-Chapter 12 concerning contested cases. The matter shall then proceed in
				  accordance with 201-Chapter 12. The jail inspector may agree with the
				  responsible authorities to a plan of action detailing corrective steps with
				  corresponding time frames which would bring the facility into compliance within
				  a reasonable time. The remedial order shall be in writing and shall
				  specifically identify each minimum standard with which the jail has failed to
				  comply. Such remedial order shall become final and effective 30 days after
				  receipt thereof. In the event immediate closure is required, emergency action
				  shall proceed pursuant to
				  201-12.24
				  (17A).