Iowa Administrative Code › Agency 201 - Corrections Department › Title III - Community-based Corrections › Chapter 47 - Owi Programs › Rule 201-47.2 - Movement of Clients

Current through Register Vol. 47, No. 3, July 24, 2024
(1) The
				judicial district departments of correctional services and the department of
				corrections shall utilize standardized placement criteria founded on the
				presumption that assignment will be made to the least restrictive and most
				cost-effective component of the continuum for the purposes of risk management,
				substance abuse treatment, education, and employment. The continuum is defined
				as consisting of three basic components, namely (1) incarceration until
				released by the board of parole or expiration of sentence, (2) short-term
				incarceration for approximately 60 days with subsequent transfer to a community
				corrections OWI residential program with differential levels of treatment and
				intervention, and (3) direct placement to a community corrections OWI
				residential program with differential levels of treatment and intervention. The
				criteria established to determine continuum assignment consists of the client's
				previous criminal record, present charges and attitude toward
				treatment.
(2) When there is
				insufficient bed space in the community-based correctional program to
				accommodate the client, the court may order the client to be released on
				personal recognizance or bond, released to the supervision of the judicial
				district department of correctional services, or held in jail.
(3) Priority for placement in the treatment
				program shall be based on the date of institution admission or as soon as
				practical unless an exception is made by the department of corrections or
				district department for special circumstances.
(4) When the client is sentenced to the
				director of the department of corrections and ordered to the supervision of the
				judicial district and space is not available in a community program, or
				supervision concerns arise, the district director or designee may request
				temporary placement at the Iowa medical and classification center (IMCC)/Iowa
				correctional institution for women (ICIW) for classification and assignment.
				Final approval is granted by the deputy director of community-based corrections
				or designee until space is available in the community program.
(5) If medical conditions prohibit program
				participation and community resources, including University Hospitals, are not
				available to sufficiently meet client needs, the client may be assigned with
				the approval of the deputy director of community-based corrections or designee
				to the Iowa medical and classification center (IMCC)/Iowa correctional
				institution for women (ICIW) for treatment until the client's health status
				permits placement into a community-based correctional program.
(6) The transfer of clients placed with the
				department of corrections to community facilities may be delayed by the
				department of corrections for security or medical reasons. Clients with active
				detainers or clients refusing to participate in the program may be transferred
				to an institution.
(7) Clients
				placed with the department of corrections shall typically transfer out of
				custody to their assigned facility unless an exception is required by the
				department of corrections.
(8) The
				district department shall comply with established policies and develop
				procedures for the temporary confinement of clients who present a threat to the
				safety or security of the public, facility staff, or residents.
(9) Clients housed in community facilities
				may be transferred to the Iowa medical and classification center (IMCC) or the
				Iowa correctional institution for women (ICIW) on the recommendation of the
				district director or designee and with the approval of the deputy director of
				institutions or designee for reclassification and assignment to an institution.
				Transfer recommendations may be made for security, disciplinary, treatment,
				medical, or legal reasons.
(10) The
				district department shall maintain a current contingency plan to ensure the
				continuation of programs or custody of clients in the event of an emergency
				such as fire, tornado, chemical spill, or work stoppage.
(11) Clients who have been housed in a
				community facility for substance abuse treatment, subsequently granted parole
				or work release, and said parole or work release is revoked, may be returned to
				the OWI Continuum, if eligible, or returned to the designated classification
				center for reclassification and placement in an institution.