reglab/statecodes huggingface dataset:
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 1 - Organization and General Administration › Rule 205-1.1 - Board Description

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 board of parole is established by Iowa Code chapter 904A and consists of five
			 members, including a chairperson and vice chairperson.
(2) The board of parole shall have a pool of
			 three alternate members to substitute for board members who are disqualified or
			 become unavailable for any other reason for hearings.
(3) An alternate member is deemed a member of
			 the board of parole only for the hearing panel for which the alternate member
			 serves.
(4) Board members are
			 appointed by the governor for staggered terms of four years and are subject to
			 confirmation by the senate.
(5) The
			 board is responsible directly to the governor and is attached to the department
			 of corrections for the purpose of receiving routine administrative and support
			 services.
(6) The positions of
			 board chairperson and board vice chairperson are appointed by the governor from
			 among the board members and serve in those roles at the pleasure of the
			 governor.
(7) Vacancies in the
			 board are filled in the same manner as regular appointments. Appointees who
			 fill vacancies serve for the balance of the term.
(8) As used in the rules of the Iowa board of
			 parole, the term "board" shall mean the Iowa board of parole.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 1 - Organization and General Administration › Rule 205-1.2 - Board Responsibilities

Current through Register Vol. 47, No. 3, July 24, 2024
The statutory responsibilities of the board are:
(1) Reviewing and interviewing inmates for
			 parole or work release, and granting parole or work release.
(2) Interviewing inmates according to board
			 of parole administrative rules.
(3)
			 Gathering and reviewing information regarding new parole and work release
			 programs being instituted or considered nationwide, and determining which
			 programs may be useful to Iowa. Reviewing the current parole and work release
			 programs and procedures used in Iowa on an annual basis.
(4) Increasing the utilization of data
			 processing and computerization to assist in the orderly conduct of the parole
			 and work release system.
(5)
			 Conducting such studies of the parole and work release system as the governor
			 and general assembly shall request.
(6) Providing, to public and private
			 entities, technical assistance and counseling related to the board's
			 purposes.
(7) Reviewing and making
			 recommendations to the governor regarding all applications for reprieve,
			 pardon, commutation of sentence, remission of a fine or forfeiture, and
			 restoration of citizenship rights.
(8) Maintaining a risk assessment program
			 which shall provide risk analysis for the board.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 1 - Organization and General Administration › Rule 205-1.3 - Business Location and Hours

Current through Register Vol. 47, No. 3, July 24, 2024
The board's business office address is Jessie Parker Building,
				510 East Twelfth Street, Des Moines, Iowa 50319; telephone (515)725-5757.
				Business hours are 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal
				holidays.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 1 - Organization and General Administration › Rule 205-1.4 - Board Meetings

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Meetings.
The board may conduct the following meetings:
a.
Business meeting.
The
			 board may meet each month to consider rules, procedure and other
			 matters.
b.
Public
			 hearing.
The board may conduct a public hearing to solicit input and
			 comment on parole and work release procedures.
c.
Board session.
The board
			 shall be in session each month at any location designated by the chairperson. A
			 board session may include:
(1) Parole and work
			 release case reviews;
(2) Parole
			 and work release interviews;
(3)
			 Parole rescission;
(4) Parole
			 discharge reviews;
(5) Executive
			 clemency reviews.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 2 - Agency Procedure for Rule Making › Rule 205-2.5 - Public Participation

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Written comments.
In lieu of the words "(identify office and
			 address)", insert "Chairperson of the Board of Parole, Jessie Parker Building,
			 510 East Twelfth Street, Des Moines, Iowa 50319".
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 2 - Agency Procedure for Rule Making › Rule 205-2.6 - Regulatory Analysis

Current through Register Vol. 47, No. 3, July 24, 2024
(2)
Mailing list.
In lieu of the words "(designate office)",
			 insert "Board of Parole, Jessie Parker Building, 510 East Twelfth Street, Des
			 Moines, Iowa 50319".
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 2 - Agency Procedure for Rule Making › Rule 205-2.11 - Concise Statement of Reasons

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
In lieu of the
			 words "(specify the office and address)", insert "the Chairperson of the Board
			 of Parole, Jessie Parker Building, 510 East Twelfth Street, Des Moines, Iowa
			 50319".
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 3 - Petitions for Rule Making › Rule 205-3.1 - Petition for Rule Making

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate office)", the text should read
				"Board of Parole, Jessie Parker Building, 510 East Twelfth Street, Des Moines,
				Iowa 50319".
In lieu of the words "(AGENCY NAME)", the heading on the
				petition form should read "BEFORE THE BOARD OF PAROLE OF THE STATE OF
				IOWA".
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 3 - Petitions for Rule Making › Rule 205-3.3 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate official by full title and
				address)", the text should read "the Chairperson of the Board of Parole, Jessie
				Parker Building, 510 East Twelfth Street, Des Moines, Iowa
				50319".
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 4 - Declaratory Orders › Rule 205-4.1 - Petition for Declaratory Order

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate agency)", the text should read
				"board of parole". In lieu of the words "(designate office)", the text should
				read "Board of Parole, Jessie Parker Building, 510 East Twelfth Street, Des
				Moines, Iowa 50319".
In lieu of the words "(AGENCY NAME)", the heading on the
				petition form should read "BEFORE THE BOARD OF PAROLE OF THE STATE OF
				IOWA".
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 4 - Declaratory Orders › Rule 205-4.3 - Intervention

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In lieu of the
			 word "days", the text should read "20 days".
(2) In lieu of the words "(designate
			 agency)", the text should read "the board of parole".
(3) In lieu of the words "(designate
			 office)", the text should read "Board of Parole, Jessie Parker Building, 510
			 East Twelfth Street, Des Moines, Iowa 50319". In lieu of the words "(designate
			 agency)", the text should read "board of parole". In lieu of the words "(AGENCY
			 NAME)", the text should read "BEFORE THE BOARD OF PAROLE OF THE STATE OF
			 IOWA".
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 4 - Declaratory Orders › Rule 205-4.5 - Inquiries

Current through Register Vol. 47, No. 3, July 24, 2024
In lieu of the words "(designate official by full title and
				address)", the text should read "the Chairperson of the Board of Parole, Jessie
				Parker Building, 510 East Twelfth Street, Des Moines, Iowa
				50319".
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 4 - Declaratory Orders › Rule 205-4.6 - Service and Filing of Petitions and Other Papers

Current through Register Vol. 47, No. 3, July 24, 2024
(2)
Filing
-
when
			 required.
In lieu of the words "(specify office and address)", the
			 text should read "Board of Parole, Jessie Parker Building, 510 East Twelfth
			 Street, Des Moines, Iowa 50319". In lieu of the words "(agency name)", the text
			 should read "board of parole".
(3)
Method of service, time of filing, and proof of mailing.
Method of service, time of filing and proof of mailing shall be as provided in
			 the contested cases segment of the Uniform Rules on Agency Procedure.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 4 - Declaratory Orders › Rule 205-4.8 - Action on Petition

Current through Register Vol. 47, No. 3, July 24, 2024
(1) In
			 lieu of the words "(designate agency head)", the text should read "chairperson
			 of the board of parole".
(2) The
			 date of issuance of an order or of a refusal to issue an order is as defined in
			 the contested cases segment of the Uniform Rules on Agency Procedure.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 5 - Fair Information Practices › Rule 205-5.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
As used in this chapter:
"Agency"
means the board of parole.
"Confidential records"
means records, as
				defined under Iowa Code sections
				22.7,
				22.8,
				904.601,
				904.602 and
				904.603, which may not be
				disclosed to members of the public except by court order or other provision of
				law. This includes records which the board is prohibited by law from making
				available for inspection by members of the public and those exempt records
				which the board has determined not to disclose to members of the public.
"Open records"
means those records which are
				defined by Iowa Code sections
				22.7,
				22.8,
				904.601, or
				904.602 or any other provision
				of the law.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 5 - Fair Information Practices › Rule 205-5.2 - Statement of Policy

Current through Register Vol. 47, No. 3, July 24, 2024
The purpose of this chapter is to facilitate broad public
				access to open records. It also seeks to facilitate sound agency determinations
				with respect to the handling of confidential records and the implementation of
				the fair information practices Act. This agency is committed to the policies
				set forth in Iowa Code chapter 22. Agency staff shall cooperate with members of
				the public in implementing the provisions of that chapter
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 5 - Fair Information Practices › Rule 205-5.3 - Requests for Access to Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Location of record.
A
			 request for access to a record should be directed to the office where the
			 record is kept. Records of current inmates, work releasees and parolees are
			 maintained in the office of the Board of Parole, Jessie Parker Building, 510
			 East Twelfth Street, Des Moines, Iowa 50319; telephone (515)725-5757.
(2)
Office hours.
Open
			 records shall be made available during all customary office hours, which are 8
			 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.
(3)
Request for access.
Requests for access to records may be made in writing, in person, by telephone,
			 or by electronic means if the request is for open record information. Requests
			 shall identify the particular records sought by name or description in order to
			 facilitate the location of the record. Mail requests shall include the name,
			 address, and telephone number of the person requesting the information. A
			 person shall not be required to give a reason for requesting an open
			 record.
(4)
Response to
			 requests.
The custodian is authorized to grant or deny access to the
			 record according to the provisions of Iowa Code chapter 22, Iowa Code sections
			 904.601,
			 904.602, and
			 904.603 and this chapter. The
			 decision to grant or deny access may be delegated to one or more designated
			 employees. Unless the size or nature of the request requires time for
			 compliance, the agency shall comply with the request as soon as practicable.
			 However, access to such a record may be delayed for one of the purposes
			 authorized by Iowa Code section
			 22.8(4)  or
			 22.10(4)  or
			 for good cause. The agency shall promptly inform the requester of the reason
			 for the delay. A request to review a confidential record shall be in writing
			 and shall enumerate the specific grounds justifying access to the confidential
			 record and shall provide any proof necessary to establish relevant facts prior
			 to receiving access to the record.
(7)
Fees.
c.
Hourly fee.
A reasonable
			 hourly fee may be charged for actual agency expenses in providing requested
			 records when the time required is in excess of 30 minutes. That hourly fee
			 shall not be in excess of the hourly wage of an agency employee who ordinarily
			 would be appropriate and suitable to perform this function. Reasonable costs
			 may also be assessed for copying and providing records through means other than
			 electronic mail.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 5 - Fair Information Practices › Rule 205-5.5 - Requests for Treatment of a Record as a Confidential Record and Its Withholding From Examination

Current through Register Vol. 47, No. 3, July 24, 2024
(5)
Request granted or deferred.
If a request for confidential
			 record treatment is granted, or if action on such a request is deferred, a copy
			 of the record from which the matter in question has been deleted and a copy of
			 the decision to grant the request or to defer action upon the request will be
			 placed in the agency's public file in lieu of the original record. If the
			 agency subsequently receives a request for access to the original record, the
			 agency will make reasonable and timely efforts to notify any person who has
			 filed a request for its treatment as a confidential record.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 5 - Fair Information Practices › Rule 205-5.6 - Procedure by Which Additions, Dissents, or Objections May Be Entered Into Certain Records

Current through Register Vol. 47, No. 3, July 24, 2024
Except as otherwise provided by law, a person may file a
				request with the custodian to review, and to have a written statement of
				additions, dissents, or objections entered into, a record containing personally
				identifiable information pertaining to that person. However, this does not
				authorize a person who is the subject of such a record to alter the original
				copy of that record or to expand the official record of any agency proceeding.
				Requester shall send the request to review such a record or the written
				statement of additions, dissents, or objections to the custodian or to the
				Board of Parole, Jessie Parker Building, 510 East Twelfth Street, Des Moines,
				Iowa 50319. The request to review such a record or the written statement of
				such a record of additions, dissents, or objections must be dated and signed by
				the requester, and shall include the current address and telephone number of
				the requester or the requester's representative.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 5 - Fair Information Practices › Rule 205-5.7 - Consensual Disclosure of Confidential Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Consent to disclose by a subject
			 individual.
To the extent allowed by law, the subject may consent in
			 writing to agency disclosure of confidential records.
(2)
Complaints to public
			 officials.
A letter from a subject of a confidential record to a
			 public official which seeks the official's intervention on behalf of the
			 subject in a matter that involves the agency may, to the extent permitted by
			 law, be treated as an authorization to release sufficient information about the
			 subject to the official to resolve the matter.
(3)
Obtaining information from a
			 third party.
The board is required to obtain information to assist in
			 making decisions regarding classification, programming, security and
			 administrative management. Requests to third parties for this information may
			 involve the release of confidential information about individuals. Except as
			 provided by law, the board may make these requests only when the individual has
			 authorized the release.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 5 - Fair Information Practices › Rule 205-5.9 - Routine Use

Current through Register Vol. 47, No. 3, July 24, 2024
To the extent allowed by law, the following uses are considered
				routine uses of all agency records:
(1) Disclosure to those officers, employees,
			 and agents of the agency who have a need for the record in the performance of
			 their duties. The custodian of the record may, upon request of any officer or
			 employee, or on the custodian's own initiative, determine what constitutes
			 legitimate need to use confidential records.
(2) Disclosure of information indicating an
			 apparent violation of the law to appropriate law enforcement authorities for
			 investigation and possible criminal prosecution, civil court action, or
			 regulatory order
(3) Disclosure to
			 the department of inspections and appeals for matters in which it is performing
			 services or functions on behalf of the agency.
(4) Transfers of information within the
			 agency, to other state agencies, or to units of local government as appropriate
			 to administer the program for which the information is collected.
(5) Information released to staff of federal
			 and state entities for audit purposes or for purposes of determining whether
			 the agency is operating a program lawfully.
(6) Any disclosure specifically authorized by
			 the statute under which the record was collected or maintained.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 5 - Fair Information Practices › Rule 205-5.10 - Disclosures Without the Consent of the Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) Open records
			 are routinely disclosed without the consent of the subject.
(2) To the extent allowed by law, disclosure
			 of confidential records may occur without the consent of the subject. Below are
			 instances when disclosure, if lawful, will generally occur without notice to
			 the subject:
a. For a routine use as permitted
			 by law and in the particular record system.
b. To a recipient who has provided the agency
			 with advance written assurance that the record will be used solely as a
			 statistical research or reporting record, provided that the record is
			 transferred in a form that does not identify the subject.
c. To another government agency or to an
			 instrumentality of any governmental jurisdiction within or under the control of
			 the United States for a civil or criminal law enforcement activity if the
			 activity is authorized by law, and if the head of such government agency or
			 instrumentality has submitted a written request to the agency specifying the
			 record desired and the law enforcement activity for which the record is
			 sought.
d. To an individual
			 pursuant to a showing of compelling circumstances affecting the health or
			 safety of any individual if a notice of the disclosure is transmitted to the
			 last-known address of the subject.
e. To the legislative services agency under
			 Iowa Code section 2A.3.
f. Disclosures in the course of employee
			 disciplinary proceedings.
g. In
			 response to a court order or subpoena.
h. In the course of ordinary deliberations
			 during an open meeting.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 5 - Fair Information Practices › Rule 205-5.11 - Release to Subject

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
			 subject of a confidential record may file a written request to review
			 confidential records about that person. However, the board need not release the
			 following records to the subject:
a. The
			 identity of a person providing information to the agency need not be disclosed
			 directly or indirectly to the subject of the information when the information
			 is authorized to be held confidential pursuant to Iowa Code sections
			 22.7(18)
			  and
			 904.602.
b. Records need not be disclosed to the
			 subject when they are the work product of an attorney or are otherwise
			 privileged.
c. Peace officers'
			 investigative reports may be withheld from the subject, except as required by
			 the Iowa Code.
d. As otherwise
			 authorized by law.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 5 - Fair Information Practices › Rule 205-5.12 - Availability of Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Open records.
Board
			 records are open for public inspection and copying unless otherwise prohibited
			 by current rule or law.
(2)
Confidential records.
The following records may be kept
			 confidential. Records are listed by category, according to the legal basis for
			 withholding them from public inspection.
a.
			 Sealed bids received prior to the time set for public opening of bids; (Iowa
			 Code section 72.3)
b. Tax records made available to the agency;
			 (Iowa Code sections 422.17,
			 422.20)
c. Minutes of closed meetings of a
			 governmental body; (Iowa Code section
			 21.5(4))
d. Identifying details in final
			 orders, decisions and opinions to the extent required to prevent a clearly
			 unwarranted invasion of personal privacy or trade secrets; (Iowa Code section
			 173A.3(1)
"d"
)
e. Those
			 portions of agency staff manuals, instructions, or other statements issued
			 which set forth criteria or guidelines to be used by agency staff in auditing,
			 in making inspections, in settling commercial disputes or negotiating
			 commercial arrangements, or in the selection or handling of cases, such as
			 operational tactics or allowable tolerance or criteria for the defense,
			 prosecution or settlement of cases, when disclosure of these statements would:
(1) Enable law violators to avoid
			 detection;
(2) Facilitate disregard
			 of requirements imposed by law; or
(3) Give a clearly improper advantage to
			 persons who are in an adverse position to the agency; (Iowa Code section
			 22.7)
f. Records which constitute attorney work
			 product, or attorney-client communications, or which are otherwise privileged.
			 Attorney work product is confidential under Iowa Code sections
			 22.7(4),
			 622.10 and
			 622.11, Iowa Rule of Civil
			 Procedure 1.503(3), Federal Rule of Civil Procedure 26(b)(3), and case law.
			 Attorney-client communications are confidential under Iowa Code sections
			 622.10 and
			 622.11, the rules of evidence,
			 the Code of Professional Responsibility and case law;
g. Other records made confidential by
			 law.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 5 - Fair Information Practices › Rule 205-5.13 - Personally Identifiable Information

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Personally identifiable
			 information.
This rule describes the nature and extent of personally
			 identifiable information which is collected, maintained and retrieved by the
			 agency by personal identifier in record systems as defined in this rule. For
			 each record system, this rule:
a. Describes
			 the legal authority for the collection of that information and the means of
			 storage of that information; and
b.
			 Indicates whether a data processing system matches, collates, or permits the
			 comparison of personally identifiable information in one record system with
			 personally identifiable information in another record system.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 5 - Fair Information Practices › Rule 205-5.14 - Other Groups of Records Available for Public Inspection-policies and Procedures (excluding security) , Meeting Minutes

Current through Register Vol. 47, No. 3, July 24, 2024
This rule describes groups of records maintained by the board
				other than record systems as previously defined. These records are routinely
				available to the public. However, the board's file of these records may contain
				confidential information, as discussed in rule
				205-5.10 (17A,22). The following
				records are available.
(1)
Rule-making records.
Rule-making records may contain
			 information about individuals making written or oral comments on proposed
			 rules. This information is collected pursuant to Iowa Code section
			 17A.4.
(2)
Board meeting records.
Agendas, minutes and materials presented to the board are available from the
			 board's business office, except those records concerning closed sessions which
			 are exempt from disclosure under Iowa Code section
			 21.5(4)  or
			 which are otherwise confidential by law. Board meeting records contain
			 information about people who participate in meetings. The information is
			 collected pursuant to Iowa Code section
			 21.3. This information is not
			 retrieved by individual identifier.
(3)
Publications.
News
			 releases, annual reports, project reports, and related documents are available
			 from the board office. Board news releases, annual reports, and project reports
			 may contain information about individuals, including board staff or members of
			 the board councils or committees. This information is not retrieved by
			 individual identifier.
(4)
Statistical reports.
Periodic reports of the board for various
			 board programs are available from the board office. Statistical reports do not
			 contain personally identifiable information.
(5)
Grants.
Records on
			 persons receiving grants for various projects or programs are available through
			 the board's business office. These records may contain information about
			 employees or a grantee. This information is not retrieved by individual
			 identifier and is not stored on an automated data processing system. The
			 information is collected under the authority of Iowa Code chapter
			 904.
(6)
Published
			 materials.
The board uses many legal and technical publications in its
			 work. The public may inspect these publications upon request. Some of these
			 materials may be protected by copyright law.
(7)
Policy manuals.
The
			 board employees' manual, containing procedures describing the board's
			 regulations and practices, is available. Subscriptions to all or part of the
			 employees' manual are available at the cost of production and handling.
			 Requests for subscription information should be addressed to the board office.
			 Policy manuals do not contain information about individuals.
(8)
Other records.
All other
			 records that are not exempt from disclosure by law are available from the board
			 office.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 5 - Fair Information Practices › Rule 205-5.15 - Applicability

Current through Register Vol. 47, No. 3, July 24, 2024
This chapter does not:
(1) Require the agency to index or retrieve
			 records which contain information about an individual by that person's name or
			 other personal identifier
(2) Make
			 available to the general public records which would otherwise not be available
			 under the public records law, Iowa Code chapter 22.
(3) Govern the maintenance or disclosure of,
			 notification of, or access to records in the possession of the agency which are
			 governed by the regulations of another agency.
(4) Apply to grantees, including local
			 governments or subdivisions thereof, administering state-funded programs,
			 unless otherwise provided by law or agreement.
(5) Make available records compiled by the
			 agency in reasonable anticipation of court litigation or formal administrative
			 proceedings. The availability of such records to the general public or to any
			 subject individual or party to such litigation or proceedings shall be governed
			 by applicable legal and constitutional principles, rules of discovery,
			 evidentiary privileges and applicable regulations of the agency.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 6 - Public Communications and Records › Rule 205-6.2 - Communications From Persons Other Than Victims

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Written
			 communication.
Communications by a person other than a victim, as
			 defined in rule 205-7.1 (915), concerning an
			 inmate, parolee, or work releasee shall be in writing so that the communication
			 may readily be made a permanent part of the case file. Oral communications
			 concerning an inmate, parolee, or work releasee by a person other than a victim
			 will be heard only with the consent of the board.
(2)
Disclosure to inmate.
The board shall place a written communication concerning an inmate, parolee, or
			 work releasee in the case file.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 6 - Public Communications and Records › Rule 205-6.3 - Examination of Board Records

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
General.
The public may
			 examine and copy public records belonging to the board pursuant to Iowa Code
			 chapter 22 at the board's business office. An individual wishing to examine or
			 copy a record in person must schedule an appointment with the board's business
			 office a minimum of three working days prior to the date on which the
			 individual will review the information in question. When making the
			 appointment, the requesting party shall specifically indicate the information
			 desired. Complete inmate files will not be released except by court order. When
			 photocopies of documents or copies of audiotapes or videotapes are provided,
			 the board may require the requester to pay the cost of the copies plus a
			 reasonable charge for copying pursuant to 205-subrule 5.3(7). These charges are
			 to be determined by the lawful custodian. The board may refer anyone requesting
			 information which has been generated by a source outside the board to the
			 agency or individual which generated the information.
(2)
Lawful custodian.
The
			 board shall designate the chairperson or the chairperson's designee as the
			 lawful custodian of the records who shall be responsible for implementing the
			 board's rules regarding disclosure of public records and coordination of staff
			 in this regard and generally ensuring compliance by the staff with public
			 records disclosure requirements.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 6 - Public Communications and Records › Rule 205-6.4 - Disclosure of Information Regarding Inmates and Parolees

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Public
			 information.
The following information regarding individuals receiving
			 services from the department of corrections or a district department is public
			 information and may be disclosed by the board to anyone who requests the
			 information, except that information shall be limited to the offense for which
			 an individual was last convicted:
a.
			 Name.
b. Age and date of
			 birth.
c. Sex.
d. Status (for example, inmate, parolee, or
			 probationer).
e. Location, except
			 home street address.
f. Duration of
			 supervision.
g. Offense or offenses
			 for which the individual was placed under supervision.
h. County of commitment.
i. Arrest and detention orders.
j. Physical description.
k. Type of services received, except medical,
			 psychiatric, psychological, and substance abuse treatment
			 information.
l. Disciplinary
			 reports and decisions which have been referred to the county attorney or
			 prosecutor for prosecution, and the following information from all other
			 disciplinary reports:
(1) The name of the
			 subject of the investigation.
(2)
			 The alleged infraction involved.
(3) The finding of fact and the penalty, if
			 any, imposed as a result of the infraction.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 7 - Victim Notification › Rule 205-7.1 - Definitions

Current through Register Vol. 47, No. 3, July 24, 2024
"Notification"
means mailing by regular mail
				or providing for hand delivery of appropriate information or papers. However,
				this notification procedure does not prohibit the board from also providing
				appropriate information to a registered victim by telephone, electronic mail,
				or other means.
"Parole interview"
means an interview
				conducted by the board to consider an inmate's prospects for parole pursuant to
				Iowa Code section
				906.5.
"Registered"
means having provided the county
				attorney with the victim's written request for registration and current mailing
				address and telephone number, and having been approved by the county
				attorney.
"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.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 7 - Victim Notification › Rule 205-7.2 - Victim Registration

Current through Register Vol. 47, No. 3, July 24, 2024
A victim may register by filing a written
				request-for-registration form with the county attorney. The county attorney
				shall notify the victim in writing and advise the victim of the victim's
				registration and rights. The county attorney shall provide the appropriate
				offices, agencies, and departments, including the board, with a registered
				victim list. The board shall determine if an individual will be accepted as a
				registered victim. This determination shall be based solely upon criteria set
				out in the Iowa Code. A registered victim is responsible for keeping the
				victim's address and telephone number current with the board in order to ensure
				timely notification.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 7 - Victim Notification › Rule 205-7.3 - Victim Notification

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall notify a registered victim of a violent crime
				not less than 20 days prior to conducting a hearing at which the board will
				interview the inmate, and shall inform the victim that the victim may submit
				the victim's opinion concerning the release of the inmate in writing prior to
				the hearing, or may appear personally or by counsel at the hearing to express
				an opinion concerning the inmate's release.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 7 - Victim Notification › Rule 205-7.4 - Notification of Decision

Current through Register Vol. 47, No. 3, July 24, 2024
Whether or not the victim appears at the hearing or expresses
				an opinion concerning the offender's release on parole, the board shall notify
				the victim of the board's decision regarding release of the
				offender
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 7 - Victim Notification › Rule 205-7.5 - Written Opinions Concerning Release

Current through Register Vol. 47, No. 3, July 24, 2024
A registered victim may submit a written opinion concerning the
				release of the inmate to the board's business office prior to the parole
				interview. The written opinion shall be made a permanent part of the inmate's
				file and shall be reviewed when the board considers the inmate's prospects for
				parole.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 7 - Victim Notification › Rule 205-7.6 - Appearances at Parole Interviews

Current through Register Vol. 47, No. 3, July 24, 2024
(1) A registered victim of a violent crime
			 may appear in person or electronically, personally or by counsel at a parole
			 interview to express an opinion concerning the release of the inmate.
(2) If a registered victim of a violent crime
			 intends to appear at a parole interview, the victim shall communicate such
			 intent to the board's business office or victim liaison 24 hours prior to the
			 start of the parole interview.
(3)
			 If intending to appear at a parole interview, a registered victim of a violent
			 crime, or victim's counsel, shall choose to appear at the board's business
			 office or electronically at the time set forth in the notice of parole
			 interview. During the parole interview, the board shall permit the victim or
			 victim's counsel to express an opinion concerning the release of the
			 inmate.
(4) Victims shall be
			 properly attired and shall conduct themselves in a manner consistent with
			 decorum appropriate for a public meeting of a governmental body. They shall be
			 respectful of other victims, spectators, media personnel, board staff, and
			 board members present. They shall also be mindful of noise and behavior that
			 might impact other individuals observing or participating electronically, or
			 individuals in the board's business office building where victims may be while
			 participating in the parole interview.
(5) Any activity deemed inappropriate by the
			 panel under the guidelines in the rules may result in a request by the panel
			 for the offending party or parties to leave. Warnings for inadvertent or minor
			 misconduct may or may not be given the first time it occurs, and any subsequent
			 offending activity will result in a request to leave. Refusal to leave upon
			 request may result in removal.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 7 - Victim Notification › Rule 205-7.7 - Disclosure of Victim Information

Current through Register Vol. 47, No. 3, July 24, 2024
Information regarding a registered victim, as well as the
				existence of a registered victim in a particular case, is confidential and
				shall not be disclosed to the public. A victim's registration, and the
				substance of any opinion submitted by the victim regarding the inmate's
				release, shall not be disclosed to the inmate.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 8 - Parole and Work Release Considerations › Rule 205-8.1 - Purpose of Parole and Work Release Considerations

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall determine whether there is reasonable
				probability that an inmate committed to the custody of the department of
				corrections who is eligible for parole or work release can be released without
				detriment to the community or the inmate. The board shall consider the best
				interests of society and shall not grant parole or work release as an award of
				clemency.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 8 - Parole and Work Release Considerations › Rule 205-8.2 - Parole and Work Release Eligibility

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Mandatory sentences.
The
			 board shall not grant parole to an inmate serving a mandatory minimum sentence.
			 The board shall not grant work release to an inmate serving a mandatory minimum
			 sentence unless the inmate is within six months of completing the mandatory
			 minimum portion of the sentence. A parole or work release granted contrary to
			 this rule shall be rescinded. Mandatory sentences are as follows:
a. A life sentence imposed for conviction of
			 a class "A" felony pursuant to Iowa Code section
			 902.1, except for a life
			 sentence that expressly includes parole eligibility;
b. A mandatory minimum sentence imposed for
			 use of a dangerous weapon pursuant to Iowa Code section
			 902.7;
c. A mandatory minimum sentence imposed for
			 violation of uniform controlled substance provisions pursuant to Iowa Code
			 section 124.406 or
			 124.413;
d. A mandatory minimum sentence imposed for
			 being a habitual offender pursuant to Iowa Code section
			 902.8;
e. A mandatory minimum sentence imposed for a
			 prior forcible felony pursuant to Iowa Code section
			 902.11;
f. A mandatory minimum sentence imposed for
			 conspiring to manufacture, or delivery of, amphetamine or methamphetamine to a
			 minor pursuant to Iowa Code section
			 902.8A;
g. A mandatory minimum sentence imposed for
			 offenses specified in Iowa Code section
			 902.12;
h. Any other mandatory minimum sentence
			 prescribed by statute that is not specifically stated above.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 8 - Parole and Work Release Considerations › Rule 205-8.4 - Parole and Work Release Considerations

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Case reviews.
The board
			 may review the records of an inmate committed to the custody of the department
			 of corrections and consider the inmate's prospects for parole or work release
			 at any time. The board shall notify an inmate only if the inmate is granted
			 parole or work release, except as provided in subrule 8.14(3).
(2)
Interviews.
The board
			 may, in its discretion, interview an inmate committed to the custody of the
			 department of corrections at any time.
(3)
Frequency of inmate
			 review.
The board shall review the status of each inmate who is
			 eligible for parole annually as directed by the Iowa Code and shall provide the
			 inmate with notice of its parole or work release decision. The board shall not
			 place an inmate on work release for longer than 6 months in any 12-month period
			 unless approval is given by a majority of the full board.
(4)
Annual review not
			 required.
Inmates who are not currently eligible for parole because of
			 Iowa Code section 906.5(1)
"a"
are excepted from the annual review requirement of subrule
			 8.4(3).
(5)
Department
			 initiated review.
The department of corrections may recommend an
			 inmate for parole or work release consideration at any time.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 8 - Parole and Work Release Considerations › Rule 205-8.5 - Parole and Work Release Information

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall notify the department of corrections or a
				district department when an inmate is to be considered for parole or work
				release. The receipt of notice by the department of corrections or the district
				department shall constitute a request for updated information on the inmate.
				The board shall request information required for parole or work release
				decision making. The department of corrections or the district department shall
				furnish updated information to the board.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 8 - Parole and Work Release Considerations › Rule 205-8.6 - Interview Notice

Current through Register Vol. 47, No. 3, July 24, 2024
The board or the board's designee shall notify an inmate to be
				interviewed for parole or work release consideration of the time and purpose of
				the interview. Notice given to the department of corrections shall be
				considered notice to the inmate. Not less than 20 days prior to the interview,
				the board shall also notify the department of corrections of the scheduling of
				the interview, and the department shall make the inmate available to the board
				for the interview. The interview may be conducted electronically by
				videoconference. However, if health, safety, or security conditions require
				moving the inmate to another institution or facility prior to the scheduled
				interview, the department of corrections shall so notify the
				board.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 8 - Parole and Work Release Considerations › Rule 205-8.8 - Factors Considered in Parole and Work Release Decisions

Current through Register Vol. 47, No. 3, July 24, 2024
(1)
Release
			 considerations.
The board may consider the following factors and
			 others deemed relevant to the parole and work release decisions:
a. Previous criminal record;
b. Nature and circumstances of the
			 offense;
c. Recidivism
			 record;
d. Convictions or behavior
			 indicating a propensity for violence;
e. Participation in institutional programs,
			 including academic and vocational training;
f. Psychiatric and psychological
			 evaluations;
g. Length of time
			 served;
h. Evidence of serious or
			 habitual institutional misconduct;
i. Success or failure while on
			 probation;
j. Prior parole or work
			 release history;
k. Prior refusal
			 to accept parole or work release;
l. History of drug or alcohol use;
m. A parole plan formulated by the
			 inmate;
n. General attitude and
			 behavior while incarcerated;
o.
			 Risk assessment.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 8 - Parole and Work Release Considerations › Rule 205-8.9 - Information Disclosure to Inmate

Current through Register Vol. 47, No. 3, July 24, 2024
The board shall normally consider only information that has
				been reviewed by the inmate, except when the board deems such review not
				feasible. The information shall be considered only if the following safeguards
				are followed:
(1) The staff of the
			 department of corrections shall discuss the information with the inmate and
			 disclose to the inmate any factual allegations if the disclosure can be done in
			 a manner that protects confidential sources.
Factual allegations shall include but not be limited to:
a. Any statements attributed to the
			 inmate;
b. Any allegations of
			 criminal or antisocial behavior with or without court conviction from within or
			 without the institution;
c. Any
			 allegations of threats made by the inmate;
d. Any allegations of drug addiction or
			 alcoholism;
e. Any allegations
			 regarding family history, employment or education;
f. Disciplinary record at the
			 institution.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 8 - Parole and Work Release Considerations › Rule 205-8.10 - Interview Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
The board may, in its discretion, interview the inmate and
				consider the inmate's records with respect to history, current situation,
				parole and work release prospects, and other pertinent matters. If the inmate
				is interviewed, the board or board panel shall give the inmate ample
				opportunity to express views and present materials.
Iowa Administrative Code › Agency 205 - Parole Board › Chapter 8 - Parole and Work Release Considerations › Rule 205-8.11 - Case Review Procedure

Current through Register Vol. 47, No. 3, July 24, 2024
The board or board panel may consider the inmate's records and
				other information with respect to history, current situation, parole and work
				release prospects, and other pertinent matters. A case review may take place at
				any time and is in addition to any other required review.