Iowa Administrative Code

51.9(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 thoro…

which suspends, in whole or in part, the requirements or provisions of a rule as applied to an identified person on the basis of the particular circumstances of that person. [ARC 5538C, IAB 3/24/21, effective 4/28/21]

reference to the particular person and rule or portion thereof to which the order pertains, a statement of the relevant facts and reasons upon which the action is based, and a description of the precise scope and duration of the waiver if one is issued. 7.10(1) Department discret…

filed, and available for public inspection as provided in Iowa Code section 17A.3. Petitions for a waiver and orders granting or denying a waiver petition are public records under Iowa Code chapter 22. Some petitions or orders may contain information the department is authorized …

granted and denied waivers to the Internet site pursuant to Iowa Code section 17A.9A within 60 days. The submission shall identify the rules for which a waiver has been granted or denied, the number of times a waiver was granted or denied for each rule, a citation to the statutor…

be withdrawn, canceled, or modified if, after appropriate notice and hearing, the department issues an order finding any of the following: 1. The petitioner or the person who was the subject of the waiver order withheld or misrepresented material facts relevant to the propriety o…

particular rule for which the waiver was granted. As a result, the recipient of a waiver under this chapter who violates a condition of the waiver may be subject to the same remedies or penalties as a person who violates the rule at issue.

within its terms and the specific facts indicated therein only for the person to whom the order pertains in any proceeding in which the rule in question is sought to be invoked.

petition may be taken in accordance with Iowa Code chapter 17A.

must meet the requirements specified herein and must substantially conform to the following form: BEFORE THE DEPARTMENT OF CORRECTIONS Petition by (name of petitioner) for the waiver of (insert rule citation) relating to (insert the subject matter). } PETITION FOR WAIVER 1. Provi…

process for the granting of individual waivers from rules adopted by the department in situations where no other more specifically applicable law provides for waivers. To the extent another more specific provision of law governs the issuance of a waiver from a particular rule, th…

jurisdiction over the rule and the requested waiver is consistent with applicable statutes, constitutional provisions, or other provisions of law. The department may not waive requirements created or duties imposed by statute.

department may, in its sole discretion, issue an order waiving, in whole or in part, the requirements of a rule if the department finds, based on clear and convincing evidence, all of the following: 1. The application of the rule would impose an undue hardship on the person for w…

follows: 7.5(1) Contested cases. If the petition relates to a pending contested case, the petition shall be filed in the contested case proceeding using the caption of the contested case. 7.5(2) Other. If the petition does not relate to a pending contested case, the petition may …

applicable and known to the requester: 1. The name, address, and telephone number of the entity or person for whom a waiver is requested; the case number of or other reference to any related contested case; and the name, address, and telephone number of the petitioner’s legal rep…

department may request additional information from the petitioner relative to the petition and surrounding circumstances. If the petition was not filed in a contested case, the department may, on its own motion or at the petitioner’s request, schedule a telephonic or in-person me…

ensure that all persons to whom notice is required by any provision of law, including the petitioner, receive notice, within 30 days of the receipt of the petition, that the petition is pending and a concise summary of its contents. In addition, the department may give notice to …

contested case hearings shall apply to any petition for a waiver filed within a contested case and shall otherwise apply to agency proceedings for a waiver only when the department so provides by rule or order or is required to do so by statute.

1.1(1) The board of parole is established by Iowa Code chapter 904A and consists of five members, including a chairperson and vice chairperson. 1.1(2) Requirements for the composition of the board and the selection of a chairperson, a vice chairperson, and board members are set o…

Code chapter 904A. [ARC 8436C, IAB 12/11/24, effective 1/15/25]

Building, 510 East 12th 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. [ARC 8436C, IAB 12/11/24, effective 1/15/25]

1.4(1) Meetings. The board may conduct the following meetings: a. Business meeting. The board may meet each month to consider rules, procedures and other matters. b. Public hearing. The board may conduct a public hearing to solicit input and comment on parole and work release pro…

board, the inmate will be processed for release pursuant to the rules and procedures of the department of corrections. [ARC 8442C, IAB 12/11/24, effective 1/15/25]

the department of corrections or a receiving state pursuant to the interstate compact for adult offender supervision. Parole supervision continues until the expiration of the maximum sentence, subject to early discharge by the board or the district department. [ARC 8442C, IAB 12/…

standard and special conditions of parole or work release will be prepared without unreasonable delay following the board’s issuance of the order for parole or work release. The board may change these standard conditions from time to time. Special conditions of parole may be impo…

in writing by the parolee, reviewed by the parole officer, and approved by an administrative parole judge at a hearing. Upon the execution of the voluntary termination of parole, the parole officer files preliminary parole violation information. If a parolee’s parole is terminate…

who pleads guilty to a new offense, including a simple misdemeanor, has no right to the adjudication stage of the parole revocation hearing with regard to the new offense. [ARC 8443C, IAB 12/11/24, effective 1/15/25]

11.11(1) The parole officer informs the parolee of the parolee’s rights at a revocation hearing if the parolee does not have an attorney. 11.11(2) The parole officer also informs the parolee of the opportunity to waive the parolee’s right to personal appearance and consent to a p…

is convicted and sentenced to incarceration in Iowa for a felony or aggravated misdemeanor committed while on parole, or is convicted and sentenced to incarceration in any other state of the United States or a foreign country for an offense committed while on parole and that if c…

subject to revocation of day reporting status, the work release day reporting inmate is entitled to all procedural protections afforded parolees pursuant to Iowa Code chapter 908 and rules 205—11.3(908) through 205—11.11(908). [ARC 8443C, IAB 12/11/24, effective 1/15/25]

Code chapter 908, which this rule is intended to implement. [ARC 8443C, IAB 12/11/24, effective 1/15/25]

may revoke any parole previously granted. Good cause for revocation of parole includes the violation of a condition or conditions of the parole agreement or parole plan. Parole revocation procedures, including the parole revocation hearing, are governed by Iowa Code chapter 17A. …

11.5(1) The parole officer should report to the board any parolee who is reasonably believed to have engaged in any of the following types of behavior: a. Violation of any federal or state laws that would be a felony or aggravated misdemeanor in the state of Iowa. b. Any violent,…

officer on a form or medium provided by the board specifying the parole violation charges against a parolee and containing or referring to information known to the parole officer relevant to the charges. 11.6(1) Violation report update. A violation report update may be submitted …

revocation hearing, the parole officer schedules the parole revocation hearing and creates the notice of parole revocation hearing. The parole revocation hearing is held in any county in the same judicial district as that in which the alleged parole violator had the initial appea…

11.8(1) The order of the administrative parole judge shall become the final decision of the board unless, within ten days of the date of the decision, the parole violator appeals the decision or a panel of the board reviews the decision on its own motion. 11.8(2) On appeal or rev…

may conduct interstate compact parole probable cause hearings under the same procedures as the Iowa parole revocation hearings. 11.9(1) Interstate compact parole revocation probable cause hearings. The board of parole, or an administrative parole judge, may conduct a probable cau…

12.1(1) Statutory discharge. The board discharges a parolee from parole supervision when the term of the parolee’s sentence expires. 12.1(2) Early discharge. The board or the supervising district department may discharge a parolee from parole supervision prior to the expiration o…

709.4, or 709.8 committed on or with a child or a person serving a sentence under Iowa Code section 902.12 is not eligible to be discharged from parole until the person’s term of parole equals the period of imprisonment specified in the person’s sentence, less all time served in …

will not grant a parole or work release to a class “A” felon serving a life term without the possibility of parole unless the governor commutes the sentence to a term of years. Administrative rules relating to the parole and work release consideration of an inmate sentenced to an…

of a class “A” felon serving a life term. [ARC 8445C, IAB 12/11/24, effective 1/15/25]

13.3(1) Applications to the board. a. A person convicted of a criminal offense may apply to the board for a recommendation to the governor for a reprieve, pardon, commutation of sentence, or remission of fines and forfeitures at any time following the person’s conviction. b. An a…

current situation, parole prospects and other pertinent matters. The board may consider the application or recommendation, transcripts of judicial proceedings and all documents submitted with the application, and other documents as the board determines is appropriate, and may int…

13.5(1) Decision. a. The board may recommend that the governor grant commutation of sentence to a class “A” felon serving a life term when the board agrees that the inmate should be considered for release on parole. b. The board shall recommend that the governor grant executive c…

13.6(1) Initial review. The board, or its designee, will initially review an application for commutation to determine whether the inmate is eligible to apply for commutation pursuant to Iowa Code section 902.2. If the inmate is not eligible to apply for commutation, the board wil…

board that affects that person except a decision to schedule a hearing or a work release transfer hearing decision, any commutation-related action, an appeal decision, or the decision to conduct an appearance by electronic means. [ARC 8446C, IAB 12/11/24, effective 1/15/25]

board was: 1. In violation of constitutional or statutory provisions; 2. In excess of the statutory authority of the board; 3. In violation of a board rule; 4. Made upon unlawful procedure; 5. Affected by other error of law; 6. Unsupported by evidence or based on incorrect or inc…

14.3(1) An appeal is filed in writing and includes: a. The nature of the board action that is the subject of the appeal. b. The particular agency action that is the subject of the appeal. c. The grounds on which relief is sought. d. The relief sought. 14.3(2) All grounds should b…

three or more members of the board will review the appeal. The chairperson, the chairperson’s designee, or the panel may affirm, modify, or reverse the action being appealed or may defer the action for further consideration, including granting the inmate, parolee, or work release…

suspends in whole or in part the requirements or provisions of a rule as applied to an identified person on the basis of the particular circumstances of that person. [ARC 8447C, IAB 12/11/24, effective 1/15/25]