CHAPTER 7
VICTIM NOTIFICATION
205—7.1(915) Definitions.
“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.
“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.
205—7.2(915) Victim registration. 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.
205—7.3(915) Victim notification. 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.
205—7.4(915) Notification of decision. 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.
205—7.5(915) Written opinions concerning release. A registered victim may submit a written opinion concerning the release of the inmate at any time by mailing the opinion to the business office. 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.
205—7.6(915) Appearances at parole interviews.
	7.6(1) A registered victim of a violent crime may appear personally or by counsel at a parole interview to express an opinion concerning the release of the inmate.
	7.6(2) If a registered victim of a violent crime intends to appear at a parole interview, the victim must comply with the rules of the department of corrections that require a visitor to a state institution to give prior notice of the intended visit and to receive approval for the visit.
	7.6(3) A registered victim of a violent crime, or victim’s counsel, shall appear at the institution at the time set forth in the notice of parole interview. The victim or counsel shall inform institutional personnel of the purpose of the appearance. Institutional personnel shall coordinate the appearance of the victim or victim’s counsel with the board. At the appearance, the board shall permit the victim or victim’s counsel to express an opinion concerning the release of the inmate.
205—7.7(915) Disclosure of victim information. 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, may be disclosed to the inmate at the discretion of the board.
These rules are intended to implement Iowa Code chapter 915.
[Filed 2/6/89, Notice 12/28/88—published 2/22/89, effective 3/29/89]
[Filed 5/14/99, Notice 3/24/99—published 6/2/99, effective 7/7/99]
[Filed 6/4/04, Notice 4/28/04—published 6/23/04, effective 7/28/04]