Iowa Administrative Code

conference be held to determine whether the noncompliance matter can be resolved in a just manner in furtherance of the public interest. Neither the director nor respondent is required to use this informal procedure. If the director and respondent agree to negotiate a settlement,…

aggrieved by action of the department when the right to a hearing is granted by the state or federal law or constitution, except as limited herein. A hearing will not be granted when a state or federal law or regulation provides for a different forum for appeals. A prematurely fi…

sufficient to effectuate compliance, or upon request by the agency or facility pursuant to rule 201—2506.34(17A,356), the department shall issue an order fixing the time and place for hearing pursuant to rule 201—2506.5(17A). [ARC 0328D, IAB 6/10/26, effective 6/30/26] These rule…

904, consists of a policy board, a director, and manufacturing, farming, surplus and private sector work programs. Each business is entirely self-funded and receives no state appropriation. 37.1(1) The mission of Iowa state industries is to employ staff and offenders who are dedi…

37.10(1) Definitions. “Director” means the chief executive officer of the department of corrections. “Employer” means a contractor or subcontractor providing maintenance or construction services under contract to the department of corrections or under the department of administra…

37.2(1) Iowa state industries shall sell products to any tax-supported institution or governmental subdivision in any level of government, including state, county, city or school. Iowa state industries may sell products to employees of such entities. 37.2(2) Iowa state industries…

www.iaprisonind.com, or at the Iowa state industries showroom located at 1445 East Grand Avenue, Des Moines, Iowa 50316. Requests for mailed copies may be sent to the Iowa state industries showroom address. [ARC 2100C, IAB 8/19/15, effective 8/12/15; ARC 2256C, IAB 11/25/15, effe…

Grand Avenue, Des Moines, Iowa 50316; telephone (515)242-5778. Office hours are 8 a.m. to 4:30 p.m., Monday through Friday, excluding holidays. [ARC 2100C, IAB 8/19/15, effective 8/12/15; ARC 2256C, IAB 11/25/15, effective 12/30/15]

Persons wishing to obtain information from or report information to Iowa state industries may contact the Iowa State Industries Business Office, P.O. Box 430, 406 North High Street, Anamosa, Iowa 52205; telephone (319)462-3504. Office hours are 7:30 a.m. to 4 p.m., Monday through…

www.iaprisonind.com.

adopted by reference with the following amendments. 1. Strike “Department of Administrative Services” and insert in lieu thereof “Iowa State Industries” in all rules except rule 11—117.11(8A), which pertains to procurement of information technology devices and services. 2. In lie…

statute, the advice and counsel of the prison industries advisory board. 37.8(1) Rules of procedure. The seven-member prison industries advisory board is represented by five appointees of the governor, one appointee of the parole board, and one appointee of the director, departme…

37.9(1) Definitions. “Advisory board” means the prison industries advisory board. “Deputy director of prison industries” means the department of corrections deputy director responsible for the day-to-day operations of prison industries including private sector individuals. “Direc…

monitoring and hormonal intervention therapy. [ARC 8496B, IAB 1/27/10, effective 3/3/10]

the electronic monitoring system (EMS) shall be used to enhance public safety. Appropriate levels of EMS should be used to verify the location and restrict the movement of sex offenders based upon a validated risk assessment, the sex offender’s criminal history, progress in treat…

38.4(1) Affected clients. All clients convicted of a “serious sex offense” in which the victim was a child who, at the time the offense was committed, was 12 years of age or younger; or clients convicted of a second or subsequent offense may be required to undergo hormonal interv…

“Accreditation” shall mean certifying that a judicial district department of correctional services is in compliance with applicable state and federal laws and with applicable portions of the Iowa Administrative Code, which compliance is determined by the department of corrections…

40.2(1) The deputy director of the department of corrections shall be the accrediting authority. The decisions of the deputy director shall be final except as provided in Iowa Code chapters 17A and 905. 40.2(2) The deputy director shall conduct or assign staff the responsibility …

charges of abuse, neglect, or mismanagement on the part of a judicial district department of correctional services and its employees. The deputy director may request the director of the department to exercise authority pursuant to Iowa Code sections 904.402 to 904.405. This rule …

40.4(1) The board of directors shall adopt bylaws as prescribed in Iowa Code section 905.4(1). 40.4(2) The board of directors shall establish minimum qualifications for the position of the district director which shall include, but not be limited to, those set out in Iowa Code se…

40.5(1) The department shall have procedures governing the personnel employed by the judicial district, and a system of fiscal accountability which ensures compliance with the requirements of the department of corrections and the Code of Iowa. 40.5(2) The director shall provide e…

41.1(1) The district department shall designate the staff responsible for providing pretrial interviews and release with services programs. 41.1(2) The district department shall establish a system of communications with law enforcement and the judiciary regarding the availability…

41.2(1) The district department shall be responsible for conducting all presentence investigations ordered by the court. 41.2(2) The district department shall have written policies and procedures which ensure that all information required by the Code of Iowa is included in the pr…

42.1(1) The district department shall have written policies and procedures which ensure the delivery of probation services throughout the district. 42.1(2) The district department shall have written policies and procedures which ensure that an electronic case record is maintained…

43.1(1) The facility shall admit residents in accordance with the correctional continuum, court order, release order from board of parole, or purchase of service agreement contract with the department of corrections, federal correctional agencies or a county board of supervisors.…

44.1(1) Supervision. Persons committed to the director of the department of corrections and approved for work release by the board of parole shall be supervised and housed by the judicial district departments of correctional services in accordance with the purchase of service agr…

44.2(1) Contingency plan. The district department shall have contingency plans that will ensure proper continuation of the program in the event of an emergency. 44.2(2) Food service. a. The district department shall have policies and procedures which ensure that all work release …

44.3(1) Restitution plan of payment. The district departments shall have a policy and procedure for restitution. The restitution policy and procedure shall be administered in accordance with local judicial procedure and the Code of Iowa. 44.3(2) Compliance. a. The work releasee s…

44.4(1) Residents shall surrender earnings to the facility in accordance with Iowa Code section 904.905. 44.4(2) The district departments of correctional services shall provide for proper accounting for the receipt and disbursement of resident earnings, in accordance with fiscal …

clients in accordance with the department of corrections work release manual.

44.6(1) Preplacement violations. When disciplinary problems occur with residents who have been approved for work release but not yet placed, designated staff shall determine whether or not the situation is serious enough to warrant further review by the board of parole. Designate…

expiration of a work releasee’s sentence.

for employment in the performance of federal contracts, under presidential Executive Order 11755, each judicial district department of corrections shall ascertain: 44.8(1) That the rate of pay and other conditions of employment shall be at a similar rate and mode to others employ…

provides the opportunity in exceptional circumstances for qualified clients of correctional institutions to return to their homes. 44.9(1) Administration. a. Supervision. Persons committed to the director of the department of corrections and approved for home work release by the …

45.1(1) Supervision. Persons committed to the director of the department of corrections and granted parole by the Iowa board of parole shall be supervised by the judicial district departments of correctional services. The district departments shall impose conditions of parole as …

45.3(1) Restitution plan of payment. There shall be a restitution plan of payment developed on those parolees who have been court ordered to pay restitution unless the court-ordered restitution plan of payment has been completed. Factors which must be considered in developing the…

45.4(1) Offenses. The district department may at any time report violations of the conditions of parole to the board of parole. Within five business days of receipt of knowledge of the commission of required reportable violations as designated by the board of parole, the supervis…

corrections institution for a period not to exceed 90 days for treatment or further training, provided a voluntary return agreement is approved and signed by the district department and the warden of said institution and by the parolee prior to the return. A parolee’s voluntary r…

district director following the parolee’s satisfactory adjustment under supervision and upon the parole officer’s determination that the parolee is able and willing to perform in a law-abiding fashion without further supervision. Discharge from parole may be granted prior to expi…

45.7(1) The district department shall have written policies and procedures governing the preparation, submission, review, modification, collection, and retention of supervision enrollment fees, in accordance with Iowa Code section 905.14(3). Payments shall be made directly to the…

shall have a written policy and procedure to prevent the transmission of contagious infectious disease. [ARC 3929C, IAB 8/1/18, effective 9/5/18; see Delay note at end of chapter] These rules are intended to implement Iowa Code sections 255.29, 905.14, 906.9 to 906.11, 906.15, 90…

47.1(1) Clients convicted of an offense under Iowa Code chapter 321J, sentenced to the custody of the director of corrections, and assigned to a continuum of programming, including treatment providers, residential facilities and institutions, for the supervision and treatment of …

47.2(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 f…

47.3(1) The district department shall submit an annual budget on the forms required by the department of corrections which includes a budget for all subcontractors participating in the program. 47.3(2) The district department shall maintain accounting records required by the depa…

47.4(1) The district department shall provide 24-hour housing and supervision of clients either directly or through a contract with other agencies or individuals. 47.4(2) Each client shall sign a supervision agreement approved by the department of corrections. Failure to sign sai…