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House Journal: Page 1939: Tuesday, April 30, 1996

(2)  Jail for less than thirty days.
(3)  Violators' facilities.
(4)  Prison with sentence reconsideration.
e.  LEVEL FIVE.  Incarceration which consists of the following:
(1)  Prison.
(2)  Jail for thirty days or longer.
2.  "Intermediate criminal sanctions program" means a program
structured around the corrections continuum in subsection 1,
describing sanctions and services available in each level of the
continuum in the district and containing the policies of the
district department of correctional services regarding placement
of a person in a particular level of sanction and the
requirements and conditions under which a defendant will be
transferred between levels in the corrections continuum under
the program.
3.  An intermediate criminal sanctions program shall consist of
only levels two, three, and sublevels one and three of level
four of the corrections continuum and shall be operated in
accordance with an intermediate criminal sanctions plan adopted
by the chief judge of the judicial district and the director of
the judicial district department of correctional services.  The
plan adopted shall be designed to reduce probation revocations
to prison through the use of incremental, community-based
sanctions for probation violations.
The plan shall be subject to rules adopted by the department of
corrections.  The rules shall include provisions for
transferring individuals between levels in the continuum.  The
provisions shall include a requirement that the reasons for the
transfer be in writing and that an opportunity for the
individual to contest the transfer be made available.
A copy of the program and plan shall be filed with the chief
judge of the judicial district, the department of corrections,
and the division of criminal and juvenile justice planning of
the department of human rights.
4.  a.  The district department of correctional services shall
place an individual committed to it under section 907.3 to the
sanction and level of supervision which is appropriate to the
individual based upon a current risk assessment evaluation. 
Placements may be to levels two and three of the corrections
continuum.  The district department may, with the approval of
the department of corrections, place an individual in a level
four violator facility established pursuant to section 904.207
only as a penalty for a violation of a condition imposed under
this section.
b.  The district department may transfer an individual along the
intermediate criminal sanctions program operated pursuant to
subsection 3 as necessary and appropriate during the period the
individual is assigned to the district department. However,
nothing in this section shall limit the district department's
ability to seek a revocation of the individual's probation
pursuant to section 908.11.
Sec.    .  Section 905.1, subsection 2, Code 1995, is
amended to read as follows:
2.  "Community-based correctional program" means correctional
programs and services, including but not limited to an
intermediate criminal sanctions program in accordance with the
corrections continuum in section 901A.1, designed

Iowa General Assembly

Index: House Journal (76th General Assembly: Session 2)

© 1996 Cornell College and League of Women Voters of Iowa

Comments? hjourn@legis.iowa.gov.

Last update: Wed May 1 22:20:02 CDT 1996
URL: /DOCS/GA/76GA/Session.2/HJournal/01900/01939.html
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