205—11.11 (908) Waivers. When the parole officer makes a recommendation to the board of parole for revocation of parole, the parole officer shall inform the parolee of the parolee’s rights and afford the parolee the opportunity to execute a waiver of parole revocation hearing.
The parole officer shall also inform the parolee of the opportunity to waive the parolee’s right to personal appearance and consent to the parole revocation hearing’s being conducted over the telephone.
	   11.11(1) Waiver of parole revocation hearing. A waiver of parole revocation hearing shall constitute an admission of the alleged violation(s) and shall include a waiver of any right to a personal appearance before the administrative parole judge to contest the violations.
	   11.11(2) Parole revocation hearing waiver procedures. If the parolee desires to execute a waiver of parole revocation hearing, the waiver shall be entered on the appropriate form provided by the board which shall be signed by the parolee in the presence of the administrative parole judge or by the parolee in the presence of the parole officer/supervisor if the waiver hearing is conducted electronically. The administrative parole judge shall make a verbatim record of the waiver proceeding and shall address the parolee personally and inform the parolee of and determine that the parolee understands the contents of the waiver form which shall include:
	      a.    	 The nature of the parole violation to which the waiver is addressed;
	      b.    	 The legal rights of the parolee;
	      c.    	 The fact that the execution of the waiver constitutes an admission of the alleged violation(s);
	      d.    	 The fact that the parolee may be committed to the custody of the Iowa department of corrections without further proceedings;
	      e.    	 The fact that the waiver is complete and final upon execution;
	      f.    	 The fact that the waiver may be appealed according to the parole board’s parole revocation appeal process in rule 205—11.8(908).
	   11.11(3) Waiver of the right to personal appearance. In the event the parolee executes a waiver of the right to personal appearance and consent to parole revocation hearing to be conducted over the telephone, the parole revocation hearing shall be scheduled and conducted as a routine parole revocation hearing with the exception that it shall be conducted by telephone. In the event the parolee does not execute a waiver of the right to personal appearance and consent to parole revocation hearing to be conducted over the telephone, the hearing shall be scheduled and may, at the discretion of the administrative parole judge, be conducted electronically by videoconference.
[ARC 2678C, IAB 8/17/16, effective 12/19/16]