201—20.2(904) Title II definitions.
“Class I Disciplinary Report” means the same as a major report and is defined in department policy IO-RD-03.
“Class II Disciplinary Report” means the same as a minor report and is defined in department policy IO-RD-02.
“Contraband” means weapons; alcohol; drugs; money; obscene materials; or materials advocating disruption of or injury to incarcerated individuals, employees, programs, or physical facilities. Contraband shall also include anything which is illegal to possess under federal or state law; anything which is against institutional regulations; drugs or alcohol or materials which are used in the production or use of drugs or alcohol or weapons, explosives, or potential weapons and explosives; and altered authorized property. The term also includes possession or use of any prohibited communication device.
“Department” means the Iowa department of corrections.
“Furlough” means any temporary release from custody as granted in accordance with Iowa Code section 904.108(2).
“Furlough residence” means any private dwelling, apartment, house, trailer court, hotel, motel or community dwelling place.
“Immediate family” means an incarcerated individual’s spouse, mother, father, sister, brother, child, grandparent, established legal guardian or other who acted in place of parents, and step- or half-relation if the step- or half-relation and the incarcerated individual were raised as cohabiting siblings.
For the purpose of visitation, all the above will be included as immediate family provided a positive relationship exists. Immediate family members may be subject to criminal background investigation.
“Law enforcement checks” means prescheduled, in person, check-ins at designated law enforcement agencies such as police departments, sheriff’s offices and highway patrol offices.
“Medical practitioner” means medical doctor, osteopathic physician or physician assistant employed by the department.
“Obscene material” means the same as that described in 20.6(5).
“Performance evaluation” means evaluation of work and program participation as well as other areas of behavior.
“Plan of payment” means the method by which the incarcerated individual is to make restitution. The plan may include legal financial obligations. The plan is to reflect the incarcerated individual’s present circumstances, such as income, physical and mental health, education, employment and family circumstances.
“Plan of restitution” means a plan stating the amount of restitution as set by the court.
“Responsible person” means an individual on the incarcerated individual’s visiting list of legal age and, in the judgment of the staff, is a person of accountability, is able to think and act rationally, and is willing to facilitate the incarcerated individual’s successful completion of furloughs within the furlough rules and facilitate the return of the incarcerated individual to the institution. A responsible person shall further mean an individual not now under indictment, sentence or conviction of an indictable public offense. Ex-felons will not be permitted to act as responsible persons for furlough until the demonstration of two years’ successful adjustment in the community after release from any supervision.
This rule is intended to implement Iowa Code section 904.108(1)“k.”
[ARC 3929C, IAB 8/1/18, effective 9/5/18]