reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 50 - Jail Facilities › Rule 201-50.8 - Physical Requirements for New and Remodeled Facilities-after December 28, 2005

Current through Register Vol. 47, No. 3, July 24, 2024
This rule shall apply to all jails which are of new
				  construction and to all major remodeling or reconstruction after December 28,
				  2005.
(1) Cells and dormitory units.
a. Single occupancy cells shall provide a
				minimum of 35 square feet of unencumbered floor space. When confinement exceeds
				10 hours per day, except during administrative segregation or emergencies,
				there shall be at least 70 square feet of total floor space.
b. Multiple occupancy cells shall provide a
				minimum of 25 square feet of unencumbered floor space for each prisoner When
				confinement exceeds 10 hours per day, except during administrative segregation
				or emergencies, there shall be at least 35 square feet of unencumbered floor
				space for each occupant.
c.
				Dormitory units shall provide a minimum of 60 square feet of floor space for
				each prisoner, exclusive of lavatories, showers, and toilets.
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 50 - Jail Facilities › Rule 201-50.9 - Fire Safety and Emergency Evacuation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Approval of building
				plans.
All new construction or major remodeling plans shall be
				approved by the state fire marshal prior to commencement of
				construction.
(2)
Compliance with fire marshal rules.
No jail shall be occupied
				by a prisoner unless the state fire marshal or qualified local fire prevention
				authority has issued a certificate of inspection within the last 18 calendar
				months documenting that the jail complies with the fire safety standards for
				jails included in administrative rules promulgated by the state fire marshal.
				Jails may be inspected by the fire marshal, or by personnel of local fire
				departments deemed by the fire marshal qualified to conduct inspections, on a
				schedule determined by the fire marshal. The state jail inspection unit of the
				department of corrections, a jail administrator, or the chief executive of an
				agency that administers a jail may request that the state fire marshal inspect
				a jail for compliance with fire safety standards. If the state fire marshal
				finds that a jail is not in substantial compliance with fire safety standards
				based on such an inspection, the state fire marshal may require the jail
				administrator to submit to the fire marshal a plan of correction of violations
				of these standards. The director of the Iowa department of corrections may
				initiate proceedings to close the jail if the jail does not comply with the
				plan of correction.
(3)
Evacuation plan.
The administrator of each jail shall prepare
				a written plan for emergency evacuation of the facility in the event of fire or
				other disaster. This plan shall include security arrangements and one or more
				alternate housing arrangements for displaced prisoners. All personnel employed
				in the facility shall be thoroughly familiar with this plan and relevant
				portions thereof shall be conspicuously posted. Evacuation drills shall be
				practiced or simulated by all staff on at least an annual basis and a record
				thereof shall be maintained according to subrule 50.22(10), Iowa Administrative
				Code.
(4)
Release of
				prisoners.
a. There shall be a
				reasonable expectation of the prompt removal of prisoners in the event of a
				life-threatening situation. Keys for all locks necessary for emergency exit
				shall be readily accessible and clearly identifiable with cell and door
				locks.
b. There shall be at least
				one full set of jail keys, other than those regularly used, stored in a safe
				place accessible only to appropriate persons, for use in the event of an
				emergency.
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 50 - Jail Facilities › Rule 201-50.10 - Minimum Standards for Jail Personnel

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requirements for
				employment.
No person shall be recruited, selected or appointed to
				serve as a jail administrator or jailer unless the person:
a. Is 18 years of age or older
b. Is able to read and write in
				English.
c. Is of good moral
				character as determined by a thorough background investigation including a
				fingerprint search conducted of local, state and national fingerprint
				files.
d. Is not by reason of
				conscience or belief opposed to the use of force, when appropriate or necessary
				to fulfill the person's duties.
e.
				Has the ability to perform the essential elements of the position as defined in
				department job specifications.
f.
				Is an appropriate candidate for employment as demonstrated by qualified
				psychological screening.
g.
				Rescinded lAB 11/23/05, effective 12/28/05.
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 50 - Jail Facilities › Rule 201-50.11 - Training for Jail Personnel

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Initial orientation.
Except in an emergency situation, all
				persons performing jail duties and dispatchers subject to performing jail
				duties within the confines of the jail shall meet the following requirements,
				and the provision of this information and training shall be documented:
a. The individual shall be fully
				knowledgeable of the administrative rules referring to jail
				standards.
b. The individual shall
				be fully knowledgeable of jail rules, written policies and procedures as
				adopted by the jail administrator
c. The individual shall have been given
				specific orientation with respect to a prisoner's rights during confinement and
				procedures adopted to ensure those rights.
d. If the individual is to have access to a
				firearm at any time, the individual shall hold a valid permit to carry weapons
				issued under the authority of Iowa Code chapter 724. The individual shall be
				professionally trained and qualified in the use of any firearm, electric
				restraint control device, and chemical control agents prior to use in
				connection with the individual's duties at the jail.
e. The jail administrator shall record by log
				sheet the signature(s) of all j ailers and j ail supervisors attesting that
				they have full knowledge of the administrative rules referring to jail
				standards and the written policies and procedures governing the jail's
				operation.
f. The individual shall
				have been instructed in the use of required firefighting equipment and the fire
				and emergency evacuation plan.
g.
				All staff who administer medication shall be trained in accordance with the
				Iowa State Sheriffs and Deputies Association medication training program or
				other recognized medication administration course.
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 50 - Jail Facilities › Rule 201-50.12 - Standard Operating Procedures Manual

Current through Register Vol. 47, No. 3, July 24, 2024
Pursuant to the authority of Iowa Code sections
				  356.5 and
				  356.36, each jail
				  shall establish and the jail administrator shall ensure compliance with a
				  standard operating procedures manual to include the following administrative
				  rules: subrules 50.2(5), 50.2(6), 50.4(11), 50.9(3), 50.9(4), 50.10(1),
				  50.10(2), 50.10(3), 50.11(1) and rules 50.13(356,356A) to 50.22(356,356A) as
				  noted. The following standards do not require written policy: 50.13(2) "c "(3),
				  50.15(4), 50.16(4), and 50.16(8).
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 50 - Jail Facilities › Rule 201-50.14 - Cleanliness and Hygiene

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				.
Housekeeping.
a. The jail shall be kept clean and sanitary.
				Toilets, wash basins, showers and other equipment throughout the facility shall
				be maintained in good working order. Walls, floors and ceilings shall be well
				maintained.
(1) Unless cleaning is done by
				staff, necessary cleaning equipment shall be provided to prisoners. Cleaning
				equipment shall be removed from the cell and dayroom areas when cleaning is
				completed.
(2) The jail shall be
				maintained in a pest-free condition. Persons spraying chemicals shall be
				certified by the Iowa department of agriculture and land stewardship. Prisoners
				and staff shall not be directly exposed to the chemicals being used.
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 50 - Jail Facilities › Rule 201-50.15 - Medical Services

Current through Register Vol. 47, No. 3, July 24, 2024
The jail administrator shall establish a written policy and
				  procedure to ensure that prisoners have the opportunity to receive necessary
				  medical attention for the prisoners' objectively serious medical and dental
				  needs which are known to the jail staff. A serious medical need is one that has
				  been diagnosed by a physician or physician assistant as requiring treatment or
				  is one that is so obvious that even a lay person would easily recognize the
				  necessity for a physician's or physician assistant's attention. The plan shall
				  include a procedure for emergency care. Responsibility for the costs of medical
				  services and products remains that of the prisoner. However, no prisoner will
				  be denied necessary medical services, dental service, medicine or prostheses
				  because of a lack of ability to pay. Medical and dental prostheses shall be
				  provided only for the serious medical needs of the prisoner, as determined by a
				  licensed health care professional. Cosmetic or elective procedures need not be
				  provided.
(1)
Medical
				resources.
Each jail shall have a designated licensed physician,
				licensed osteopathic physician, physician assistant or medical resource, such
				as a hospital or clinic staffed by licensed physicians, licensed osteopathic
				physicians or physician assistants, designated for the medical supervision,
				care and treatment of prisoners as deemed necessary and appropriate. Medical
				resources shall be available on a 24-hour basis.
(2)
Trained staff.
a. All staff who administer medication shall
				be trained in accordance with the Iowa State Sheriffs and Deputies Association
				medication training program or other recognized medication administration
				course.
b. At least one staff
				member on duty at the jail shall be currently trained in first aid (or the
				equivalent) and CPR.
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 50 - Jail Facilities › Rule 201-50.16 - General Food Service Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Prisoner being held.
If a prisoner is held over a meal period,
				a meal of adequate nutrition shall be provided.
(2)
Daily meals.
The three
				meals provided for each 24-hour duration shall be served at reasonable and
				proper intervals; at least one meal shall be a hot meal. Food must be served at
				the proper temperature; hot foods shall be reasonably hot and cold foods
				reasonably cold.
(3)
Time
				of serving.
Meals shall be served at approximately the same time every
				day.
(4)
Documentation.
The facility shall document that its food
				service meets or exceeds nationally recommended minimum dietary allowances for
				basic nutrition for appropriate age groups. Dietary guidelines meeting the
				above requirements shall be certified by a qualified nutritionist or dietitian
				(no policy required).
(5)
Medical diets.
Special diets as prescribed by a physician or
				physician assistant shall be followed and documented. The physician or
				physician assistant who prescribes the special diet shall specify a date on
				which the diet will be reviewed for renewal or discontinuation. Unless
				specified by the prescribing physician or physician assistant, a certified
				dietitian shall develop the menu.
(6)
Religious requests.
When
				a special diet is requested by a prisoner as part of the prisoner's religious
				beliefs, the facility shall meet that need, unless the facility can demonstrate
				that its refusal does not impose a substantial burden on the exercise of the
				prisoner's religion or that its refusal furthers some compelling interest and
				is the least restrictive means of furthering that interest.
(7)
Punishment.
Deviation
				from normal feeding procedures shall not be used as punishment.
(8)
Inspection of facilities of
				outside food service providers.
If food service is provided by outside
				sources, only a facility with a food establishment license or those required to
				undergo inspection by other statutes shall be utilized to provide these
				services. The transfer of food shall be done under sanitary conditions (no
				policy required).
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 50 - Jail Facilities › Rule 201-50.17 - In-house Food Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Food preparation areas shall be clean and sanitary in accordance with state
				health standards regulating institutional or food establishment
				operations.
(2) All food products
				shall be stored or refrigerated in compliance with state health standards
				governing institutional or food establishment operations.
(3) Dishes, utensils, pans and trays shall be
				sanitized after use in accordance with state health standards for food
				establishments or institutions.
(4)
				Staff shall serve or supervise the serving of all meals. Food handlers must be
				clean and free of illness or disease.
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 50 - Jail Facilities › Rule 201-50.18 - Prisoner Activities

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Exercise.
Prisoners held beyond seven days and not leaving the
				jail pursuant to Iowa Code section
				356.26
				shall be offered exercise time.
a. A minimum
				of two one-hour exercise sessions shall be offered during each full calendar
				week. Playing board games or cards or reading is recreation and is not
				considered exercise. A record of exercise sessions shall be maintained
				according to subrule 50.22(15).
b.
				Restrictions. Exercise requirements may be restricted by disciplinary
				action.
c. Exercise areas. An
				exercise area outside the cell shall be available. Such area must provide
				opportunity for adequate exercise. Corridors and hallways must remain clear of
				equipment or material and must provide unimpeded access to exits.
d. Suspension of outdoor exercise. Outdoor
				exercise may be suspended during inclement weather Appropriate clothing shall
				be provided for exercise during winter months.
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 50 - Jail Facilities › Rule 201-50.19 - Communication

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Prisoner mail.
a. Prisoners
				held beyond 24 hours shall be furnished a reasonable amount of writing
				materials upon request. Jail officials may prohibit a prisoner from
				corresponding with a person who states in writing that the person does not want
				to correspond with the prisoner. This does not include a "prior approval"
				list.
b. A reasonable amount of
				postage shall be provided to indigent prisoners held beyond 24 hours for
				communication with the courts and for at least two letters per week of a
				personal nature when other means of communication are not available.
c. General correspondence may be opened and
				inspected; it may be read for security reasons if the prisoner is notified of
				this procedure.
d. Privileged
				correspondence if so marked may be opened only in the presence of the prisoner
				and then only to detect the presence of contraband; it may not be read except
				by the prisoner. Privileged correspondence is defined as incoming and outgoing
				mail to or from:
(1) An attorney;
(2) A judge;
(3) The governor of Iowa;
(4) The ombudsman office;
(5) A member of the state or federal
				legislature.
e. Written
				policy, procedure, and practice require that, excluding weekends and holidays,
				incoming and outgoing letters be held for no more than 24 hours and packages be
				held for no more than 48 hours for inspection before delivery to the prisoner
				or post office.
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 50 - Jail Facilities › Rule 201-50.20 - Access to the Courts

Current through Register Vol. 47, No. 3, July 24, 2024
Prisoners who do not have an attorney shall have access to
				  the legal materials the jail decides to provide, in order to facilitate the
				  preparation of legal documents that directly or collaterally attack the
				  prisoner's sentence or that challenge the conditions of the prisoner's
				  confinement.
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 50 - Jail Facilities › Rule 201-50.21 - Discipline and Grievance Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) No prisoner shall be allowed to have
				authority or disciplinary control over another prisoner
(2) The use of physical force by staff shall
				be restricted to instances of justifiable self-protection, the protection of
				others or property, the prevention of escapes or the suppression of disorder,
				and then only to the degree necessary to overcome resistance. Corporal
				punishment is
forbidden.
(3) The following information shall be made
				available to all prisoners and explained to any
prisoner unable to read English:
a. A set of rules (including sanctions) and
				regulations pertaining to the conduct of persons in custody.
b. What services are available to
				them.
c. A prisoner grievance
				procedure which includes at least one level of appeal. A jail may limit the use
				of the grievance process in order to make sure that it is not abused.
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 50 - Jail Facilities › Rule 201-50.22 - Records

Current through Register Vol. 47, No. 3, July 24, 2024
The following records shall be maintained by the jail
				  administrator for two years unless a different period is specified:
(1)
Jail calendar.
This
				record shall contain information as required by Iowa Code section
				356.6.
(2)
Visitor registration.
This record shall contain the name and address of the person visiting; name of
				prisoner visited; and the date, time and duration of the visit.
(3)
Jail inspection records.
Jail inspection records shall contain the following and be maintained for a
				minimum period of two years:
a. Fire marshal's
				certificates.
b. Written reports
				received from all persons doing official inspections of the jail.
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 50 - Jail Facilities › Rule 201-50.24 - Nonsecure Holds for Juveniles

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Standards for nonsecure hold areas.
The area to be used to
				detain the juvenile must be an unlocked area such as a lobby, office or other
				open room. Additionally, the following minimum procedures must be followed:
a. The juvenile is not physically secured to
				any stationary object.
b. The
				juvenile is under continuous visual supervision.
c. The juvenile has access to bathroom
				facilities.
d. A meal or meals
				shall be provided at usual meal times.
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 50 - Jail Facilities › Rule 201-50.25 - Direct Supervision Jails

Current through Register Vol. 47, No. 3, July 24, 2024
Direct supervision jails, in addition to the preceding rules,
				  are subject to the following rules:
(1) There may be contact of different
				classifications of prisoners in a common activity area only while the prisoners
				are under continuous direct supervision with the exception of:
a. Persons of whom violence is reasonably
				anticipated. (50.13(1)"d"(1))
b.
				Persons who are a health risk. (50.13(1)
"d"(2))
c. Persons of whom sexually deviant behavior
				is reasonably anticipated. (50.13(1)
"d"(3))
d. Persons under the age of 18 (Iowa Code
				section
				356.3
				). Persons charged in adult court with a forcible felony are to be separated
				whenever possible.
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 51 - Temporary Holding Facilities › Rule 201-51.2 - General Provisions

Current through Register Vol. 47, No. 3, July 24, 2024
These rules apply to all temporary holding facilities
				  regulated by Iowa Code chapter 356 or 356A.
(1)
Capacity.
Established
				capacities as determined by these rules shall not be exceeded except in the
				event of an emergency, and then only for such a period of time as is necessary
				to arrange for alternate housing or release of sufficient detainees to bring
				the number of persons confined into compliance with the rated
				capacity.
(2)
Right to
				inspect and visit.
The chief jail inspector or authorized
				representatives shall visit and inspect temporary holding facilities and may do
				so on an unannounced basis. Facility personnel and supervisors shall cooperate
				in inspections and shall exhibit to the inspectors, upon request, all books,
				records, medical records, data, documents and accounts pertaining to a
				temporary holding facility or to the detainees confined and shall assist
				inspectors to perform the functions, powers and duties of their office.
				Provisions of the first paragraph of Iowa Code section
				356.43
				shall control to the extent of any inconsistency of the provisions of this
				subrule.
(3)
Other
				standards.
Nothing contained in these standards shall be construed to
				prohibit local officials from adopting standards and requirements governing
				their employees and facilities, provided these standards and requirements
				exceed and do not conflict with standards mandated in this chapter These
				standards shall not be construed as authority to violate any state fire safety
				standard, building standard, health and safety code, or any constitutional
				requirement. No facility shall be operated without substantially meeting these
				rules unless operating under a waiver granted according to the provisions of
				201-Chapter 7, Iowa Administrative Code.
(4)
Equal opportunity.
Facilities, programs, and services shall be available on an equitable basis to
				both males and females even though each standard does not specify that it
				applies to both males and females.
(5)
Nondiscriminatory
				treatment.
Each facility administrator shall ensure that staff and
				detainees are not subject to discriminatory treatment based upon race,
				religion, nationality, disability, sex or age, absent compelling reason for
				said discriminatory treatment. Discrimination on the basis of a disability is
				prohibited in the provision of services, programs and activities.
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 51 - Temporary Holding Facilities › Rule 201-51.4 - Physical Plant-general

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Building to meet existing codes.
All facilities are required
				to be structurally sound and to meet existing building code and health code
				requirements.
(2)
Professional inspections.
a.
				The state jail inspector may require for good reason that an agency operating a
				facility cause it to be examined by an architect, engineer, licensed
				electrician, health inspector, plumber, heating and air conditioning
				specialist, food establishment inspector, state fire marshal or fire inspector
				or any other person with expertise which may be of assistance to the state jail
				inspector in making an informed decision relative to the facility operation or
				structure. Inspection by a municipal inspector qualified in these areas may be
				permitted.
b. Any facility
				determined to be deficient following inspection may be ordered closed by the
				jail inspector or specific conditions limiting its operation may be imposed in
				lieu of closing.
An order of closure shall contain the following:
(1) Statute(s) and rule(s)
				violated.
(2) A brief description
				of the deficiencies.
(3) The
				effective date of the order
(4) An
				explanation of remedies required before reopening.
An order of closure shall adhere to subrules 51.3(1) and
				  51.3(2).
This order shall be the notice of noncompliance pursuant to
				  Iowa Code section
				  356.43
				  and 201-Chapter 12, Contested Cases. The matter shall then proceed in
				  accordance with 201-Chapter 12.
c. In the event that any agency fails to
				cooperate in an inspection, the jail inspector may arrange for an inspection
				and the agency operating the facility shall be financially responsible for any
				expense involved.
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 51 - Temporary Holding Facilities › Rule 201-51.5 - Physical Requirements for Existing Facilities

Current through Register Vol. 47, No. 3, July 24, 2024
This rule shall apply to all facilities in existence prior to
				  June 30, 1984. In cases where an existing facility undergoes major remodeling,
				  rule
				  201-51.7
				  (356,356A) shall apply to the area being upgraded.
(1) Each single occupancy cell for detainees
				in normal status shall have a minimum floor area of 40 square feet.
(2) Multiple occupancy cells must have 40
				square feet of floor space for the first occupant and an additional 20 square
				feet for each additional occupant.
(3) Except in emergency situations, no
				multiple occupancy cell shall house more detainees than the designed
				capacity.
(4) Each cell shall
				provide a minimum of 7 feet from floor to ceiling height.
(5) All cells shall be equipped with bunks
				sufficient to ensure a bunk for each detainee assigned. Every cell will be
				equipped with a toilet and lavatory that function properly and supply adequate
				running water Bunks must be of a size to accommodate a normal-sized male adult.
				Toilet and lavatory facilities must be accessible to detainees at all
				times.
(6) Reserved.
(7) Holding cells are multiple occupancy
				space where detainees may be confined only while awaiting processing through
				administrative or legal procedures. These areas must have at least 40 square
				feet of floor space for the first detainee with 20 square feet for each
				additional detainee.
(8) Dormitory
				units shall have a minimum of 60 square feet of floor space per
				detainee.
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 51 - Temporary Holding Facilities › Rule 201-51.6 - Physical Requirements for New or Remodeled Facilities-after June 30, 1984

Current through Register Vol. 47, No. 3, July 24, 2024
This rule shall apply to temporary holding facilities which
				  are of new or remodeled construction or let for bid after June 30, 1984. Plans
				  for any remodeling or new construction shall be submitted to the jail
				  inspection unit prior to letting any bids or commencing any construction
				  subject to this rule. The inspection unit shall, within 60 days of receiving
				  plans, review them for compliance with these rules and forward any comments to
				  the submitting authority.
(1) New
				housing units may be dormitory units, single occupancy cells or multiple
				occupancy cells. Each single occupancy cell shall have a minimum of 70 square
				feet of floor space. Each multiple occupancy cell shall have a minimum of 70
				square feet of floor space for the first detainee and an additional 50 square
				feet of floor space for each additional detainee. Dormitory units shall have a
				minimum of 35 square feet of unencumbered floor space per detainee.
(2) All new housing units shall provide:
a. No less than 7 feet of space between the
				floor and ceiling.
b. A bunk of
				adequate size for normal-sized adults for each detainee.
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 51 - Temporary Holding Facilities › Rule 201-51.7 - Physical Requirements for New or Remodeled Facilities-after September 12, 2001

Current through Register Vol. 47, No. 3, July 24, 2024
This rule shall apply to temporary holding facilities which
				  are of new or remodeled construction after September 12, 2001, the effective
				  date of these rules. Plans for any remodeling or new construction shall be
				  submitted to the jail inspection unit prior to letting any bids or commencing
				  any construction subject to this rule. The jail inspection unit shall, within
				  60 days of receiving plans, review them for compliance with this rule and
				  forward any comments to the submitting authority.
(1) New housing units may be dormitory units,
				single occupancy cells or multiple occupancy cells. Each single occupancy cell
				shall have a minimum of 70 square feet of floor space. Each multiple occupancy
				cell shall have a minimum of 35 square feet of unencumbered floor space for
				each detainee. Dormitory units shall provide a minimum of 35 square feet of
				unencumbered floor space per detainee.
a. This
				paragraph shall apply to all temporary holding facilities that are of new or
				remodeled construction after December 28, 2005, and may apply to temporary
				holding facilities that were constructed prior to December 28, 2005.
(1) Single occupancy cells shall provide a
				minimum of 35 square feet of unencumbered floor space. When confinement exceeds
				10 hours per day, except during administrative segregation or emergencies,
				there shall be at least 70 square feet of total floor space.
(2) Multiple occupancy cells shall provide a
				minimum of 25 square feet of unencumbered floor space for each detainee. When
				confinement exceeds 10 hours per day, except during administrative segregation
				or emergencies, there shall be at least 35 square feet of unencumbered floor
				space for each detainee.
(3)
				Dormitory units shall provide a minimum of 35 square feet of unencumbered floor
				space for each detainee.
(4) A
				facility may contain one or more single occupancy cells, designated as
				special-needs cells, in which violent persons may be temporarily contained. The
				cell shall have not less than 40 square feet of floor space and a ceiling
				height of not less than 7 feet. The cell shall be constructed to minimize
				self-injury. Toilet facilities may be controlled from outside the cell and may
				be in the floor Water need not be available in the cells, but water shall be
				accessible from staff upon request.
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 51 - Temporary Holding Facilities › Rule 201-51.8 - Fire Safety and Emergency Evacuation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Approval of building
				plans.
All new construction or major remodeling plans shall be
				approved prior to commencement of construction by the state fire
				marshal.
(2)
Compliance
				with fire marshal rules.
No facility shall be occupied by a detainee
				unless the state fire marshal or qualified local fire prevention authority has
				issued a certificate of inspection within the last 18 calendar months
				documenting that the facility complies with the fire safety standards for
				temporary holding facilities included in administrative rules promulgated by
				the state fire marshal.
Temporary holding facilities may be inspected by the fire
				  marshal, or by personnel of local fire departments deemed by the fire marshal
				  qualified to conduct inspections, on a schedule determined by the fire marshal.
				  The state jail inspection unit of the Iowa department of corrections, a
				  temporary holding facility administrator, or the chief executive of an agency
				  which administers a temporary holding facility may request the state fire
				  marshal to inspect a temporary holding facility for compliance with fire safety
				  standards. If the state fire marshal finds, based on such an inspection, that a
				  temporary holding facility is not in substantial compliance with fire safety
				  standards, the state fire marshal may require the facility administrator to
				  submit a plan of correction of violations of these standards to the fire
				  marshal. The director of the Iowa department of corrections may initiate
				  proceedings to close the temporary holding facility if the facility does not
				  comply with the plan of correction.
(3)
Evacuation plan.
The
				administrator of each facility shall prepare a written plan for emergency
				evacuation of the facility in the event of fire or other disaster. This plan
				shall include security arrangements and one or more alternate housing
				arrangements for displaced detainees. All personnel employed in the facility
				shall be thoroughly familiar with this plan, and relevant portions thereof
				shall be conspicuously posted. Evacuation drills shall be practiced or
				simulated by all facility staff on at least an annual basis, and a record
				thereof shall be maintained according to subrule 51.19(9), Iowa Administrative
				Code.
(4)
Release of
				detainees.
a. There shall be a
				reasonable expectation of the prompt removal of detainees in the event of a
				life-threatening situation. Keys for all locks necessary for emergency exit
				shall be readily accessible and clearly identifiable with cell and door
				locks.
b. There shall be at least
				one full set of facility keys, other than those regularly used, stored in a
				safe place accessible only to appropriate persons, for use in the event of an
				emergency.
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 51 - Temporary Holding Facilities › Rule 201-51.9 - Minimum Standards for Facility Personnel

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Requirements for
				employment.
No person shall be recruited, selected or appointed to
				serve as a holding facility administrator unless the person:
a. Is 18 years of age or older
b. Is able to read and write in
				English.
c. Is of good moral
				character as determined by a thorough background investigation including a
				fingerprint search conducted of local, state and national fingerprint
				files.
d. Is not by reason of
				conscience or belief opposed to the use of force, when appropriate or necessary
				to fulfill the person's duties.
e.
				Has the ability to perform the essential elements of the position as defined in
				the department job specification.
f. Is an appropriate candidate for employment
				as demonstrated by qualified psychological screening.
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 51 - Temporary Holding Facilities › Rule 201-51.10 - Training for Facility Personnel

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Initial orientation.
Except in an emergency situation, all persons performing temporary detention
				duties shall meet the following requirements, and the provision of this
				information and training shall be documented.
a. The individual shall be fully
				knowledgeable of the administrative rules referring to facility
				standards.
b. The individual shall
				be fully knowledgeable of facility rules, written policies and procedures as
				adopted by the administrator
c. The
				individual shall have been given specific orientation with respect to a
				detainee's rights during confinement and procedures adopted to ensure those
				rights.
d. If the individual is to
				have access to a firearm at any time, the person shall hold a valid permit to
				carry weapons issued under the authority of Iowa Code chapter 724.
e. The individual shall be professionally
				trained and qualified in the use of any firearm, electric restraint control
				device and chemical control agents prior to their use in connection with the
				individual's duties at the facility.
f. The individual shall have been instructed
				in the use of required firefighting equipment and the fire and emergency
				evacuation plan.
g. All staff
				providing medication shall be trained in accordance with the Iowa State
				Sheriffs and Deputies Association medication training program or other
				recognized medication administration course.
h. The holding facility administrator shall
				record by log sheet the signature(s) of all staff performing temporary holding
				facility duties, attesting that they have full knowledge of the administrative
				rules referring to facility standards and the written policies and procedures
				governing the facility's operation.
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 51 - Temporary Holding Facilities › Rule 201-51.12 - Cleanliness and Hygiene

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Housekeeping.
a. The
				temporary holding facility shall be kept clean and sanitary. Toilets, wash
				basins, showers and other equipment throughout the facility shall be maintained
				in good working order Walls, floors and ceilings shall be well
				maintained.
b. Unless cleaning is
				done by staff, necessary cleaning equipment shall be provided to detainees.
				Cleaning equipment shall be removed from the cell when cleaning is
				complete.
c. The facility shall be
				maintained in pest-free condition. Persons spraying chemicals shall be
				certified by the Iowa department of agriculture and land stewardship. Detainees
				and staff shall not be directly exposed to the chemicals being used.
d. All clothing and linen, if provided, shall
				be clean and sanitary.
e. The
				facility shall have a sharps disposal container for razors and needles. The
				facility shall be equipped to handle disposal of contaminated or hazardous
				waste according to universal health precautions.
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 51 - Temporary Holding Facilities › Rule 201-51.13 - Medical Services

Current through Register Vol. 47, No. 3, July 24, 2024
The facility administrator shall establish a written policy
				  and procedure to ensure that detainees have the opportunity to receive
				  necessary medical attention for the detainee's objectively serious medical and
				  dental needs which are known to the facility staff. A serious medical need is
				  one that has been diagnosed by a physician or physician assistant as requiring
				  treatment, or one that is so obvious that even a lay person would easily
				  recognize the necessity for a physician's or physician assistant's attention.
				  The plan shall include a procedure for emergency services day or night and a
				  procedure for regular medical attention. Responsibility for the costs of
				  medical services remains that of the detainee. However, no detainee will be
				  denied necessary medical services, dental service, or medicine because of a
				  lack of ability to pay. Medical and dental prostheses shall be provided only
				  for the serious medical needs of the detainee, as determined by a licensed
				  health care professional. Cosmetic or elective procedures need not be
				  provided.
(1)
Medical
				resources.
Each facility shall have a designated licensed physician,
				licensed osteopathic physician, physician assistant or medical resource, such
				as a hospital or clinic staffed by licensed physicians, physician assistants or
				licensed osteopathic physicians, designated for the medical supervision, care
				and treatment of detainees as deemed necessary and appropriate. Medical
				resources shall be available on a 24-hour basis.
(2)
Trained staff.
a. All staff providing medication shall be
				trained in accordance with the Iowa State Sheriffs and Deputies Association
				medication training program or other recognized medication administration
				course.
b. At least one staff
				member on duty at the facility shall be currently trained in first aid (or the
				equivalent) and CPR.
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 51 - Temporary Holding Facilities › Rule 201-51.14 - General Food Service Requirements

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Detainee being held.
If a detainee is held over a meal period,
				a meal of adequate nutrition shall be provided.
(2)
Daily meals.
The three
				meals provided for each 24-hour duration shall be served at reasonable and
				proper intervals; at least one meal shall be a hot meal. Food must be served at
				the proper temperature: hot foods shall be reasonably hot and cold foods
				reasonably cold.
(3)
Time
				of serving.
Meals shall be served at approximately the same time every
				day.
(4)
Medical
				diets.
Special diets as prescribed by a physician or physician
				assistant shall be followed and documented.
(5)
Religious requests.
When
				a special diet is requested for a detainee due to a bona fide religious belief,
				the facility shall meet that need unless the facility can demonstrate that its
				refusal does not impose a substantial burden on the exercise of the detainee's
				religion or that its refusal furthers some compelling interest and is the least
				restrictive means of furthering that interest.
(6)
Punishment.
Deviation
				from normal feeding procedures shall not be used as punishment.
(7)
Inspection of facilities for
				outside food service providers.
If food service is provided by outside
				sources, only a facility with a food establishment license or those required to
				undergo inspection by other statutes shall be utilized to provide these
				services. The transfer of food shall be done under sanitary conditions (no
				policy required).
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 51 - Temporary Holding Facilities › Rule 201-51.15 - In-house Food Services

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
				Food preparation areas shall be clean and sanitary in accordance with
				requirements of the state health standards regulating institutional or food
				establishment operations.
(2) All
				food products shall be stored or refrigerated in compliance with state health
				standards governing institutional or food establishment operations.
(3) Dishes, utensils, pans and trays shall be
				sanitized after use in accordance with state health standards for food
				establishments or institutions.
(4)
				Staff shall serve or supervise the serving of all meals. Food handlers must be
				clean and free of illness or disease.
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 51 - Temporary Holding Facilities › Rule 201-51.16 - Communication

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Telephone calls upon arrest.
Detainees shall be permitted
				telephone access to their family or an attorney, or both, without unnecessary
				delay after arrest, at no charge if made within the local calling area, as
				required by Iowa Code section
				804.20.
(2)
Attorneys and ministers.
Attorneys and ministers shall be permitted to visit detainees upon request of
				the detainee at reasonable hours if security and daily routine are not unduly
				interrupted.
(3)
General
				visitation.
a. All detainees in
				normal status shall be allowed reasonable visitation.
b. Rules shall specify who is allowed to
				visit and when and how often visitors are allowed.
c. Facility staff shall document the date and
				time of visit, name and address of each person visiting, and the name of the
				detainee visited. Computerized logs are acceptable.
d. A visit may be denied if reasonable
				suspicion exists that the visit might endanger the security of the facility. A
				record shall be made of such denial and the reason(s) therefor.
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 51 - Temporary Holding Facilities › Rule 201-51.17 - Access to the Courts

Current through Register Vol. 47, No. 3, July 24, 2024
Detainees shall be provided at their request pertinent
				  sections of the Iowa Code or city ordinance pertaining to their offense and
				  access to attorneys pursuant to rule 51.16(356,356A).
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 51 - Temporary Holding Facilities › Rule 201-51.18 - Discipline and Grievance Procedures

Current through Register Vol. 47, No. 3, July 24, 2024
(1) No detainee shall be allowed to have
				authority or disciplinary control over another detainee.
(2) The use of physical force by staff shall
				be restricted to instances of justifiable self-protection, the protection of
				others or property, the prevention of escapes or the suppression of disorder,
				and then only to the degree necessary to overcome resistance. Corporal
				punishment is forbidden.
(3) The
				following information shall be made available to all detainees and explained to
				any detainee unable to read English:
a. A set
				of rules (including sanctions) and regulations pertaining to the conduct of
				persons in custody.
b. What
				services are available to them.
c.
				A detainee grievance procedure which includes at least one level of
				appeal.
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 51 - Temporary Holding Facilities › Rule 201-51.19 - Records

Current through Register Vol. 47, No. 3, July 24, 2024
The following records shall be maintained by the facility
				  administrator for two years unless a different period is specified.
(1)
Facility calendar.
This
				record shall contain information required by Iowa Code section
				356.6.
(2)
Visitor registration.
This record shall contain the name and address of the person visiting; name of
				detainee visited; and the date, time and duration of the visit.
(3)
Facility inspection
				records.
Facility inspection records shall contain the following and
				be maintained for a minimum period of two years:
a. Fire marshal's certificates.
b. Written reports received from all persons
				doing official inspections of the facility.
Iowa Administrative Code › Agency 201 - Corrections Department › Title IV - Jail Inspection Standards › Chapter 51 - Temporary Holding Facilities › Rule 201-51.20 - Nonsecure Holds for Juveniles

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Standards for nonsecure hold areas.
The area to be used to
				detain the juvenile must be an unlocked area such as a lobby, office or other
				open room. Additionally, the following minimum procedures must be followed:
a. The juvenile is not physically secured to
				any stationary object.
b. The
				juvenile is under continuous visual supervision.
c. The juvenile has access to bathroom
				facilities.
d. A meal or meals
				shall be provided at usual mealtimes.