TITLE IVCHAPTER 50JAIL FACILITIES[Prior to 10/1/83, Social Services[770] Ch 15][Prior to 3/20/91, Corrections Department[291]]201—50.1(356, 356A)  Definitions.  The following are defined terms:
"Activity area" means such area, distinct from the living unit, where prisoners may congregate for programming. This area is to be under constant staff observation.
"Alternative jail facility" means a facility designated pursuant to Iowa Code chapter 356A, and which is used as a halfway-house-type facility rather than a jail-type operation. These facilities shall be subject to inspection and accreditation by the state jail inspector utilizing applicable administrative rules for residential facilities pursuant to 201—Chapter 43 and other acceptable operational standards.
"Average daily population" means the average number of prisoners housed daily during any given time period.
"Barrier free" means no walls or other obstructions impeding contact by staff within their assigned area of operation.
"Capacity" means the number of prisoner occupants which any cell, room, unit, building, facility or combination thereof may accommodate according to the square footage and fixture requirements of the standards.
"Cell" means prisoner occupancy bedroom space with toilet and lavatory facilities.
"Cellblock" means a group of cells with an associated dayroom.
"Classification" means a system of obtaining pertinent information concerning prisoners with which to make a decision on assignment of appropriate housing, security level, and activities.
"Continuous visual observation" means uninterrupted visual contact unaided by closed circuit television (CCTV).
"Dayroom" means a common space shared by prisoners residing in a cell or group of cells, to which prisoners are admitted for activities such as dining, bathing, or passive recreation and which are situated immediately adjacent to prisoner sleeping areas.
"Detention area" means that portion of the facility used to confine prisoners.
"Direct supervision jail" means a style of jail construction designed to facilitate direct contact between officers and prisoners. The officer is stationed inside the housing unit. Evaluation and classification of prisoners are ongoing and continuous functions of a direct supervision jail and are based on close contact with prisoners.
"Disability" means a physical or mental impairment that substantially limits one or more of the major life activities of an individual; a record of such an impairment; or being regarded as having such an impairment.
"DOC" means the Iowa department of corrections.
"Dormitory" means an open area for two or more prisoners with all fixtures self-contained. There is no barrier between the sleeping area and other fixtures such as shower, table, recreation equipment, or similar items.
"Emergency situation" means any significant disruption of normal operations caused by riot, strike, escape, fire, natural disaster or other serious incident.
"Evaluation" means an ongoing process whereby judgments are made concerning a prisoner based upon the behavior of that prisoner.
"Existing facility" means any place in use as a jail or for which bids have been let for construction prior to September 12, 2001.
"Holding cell" means a secure room or cell where prisoners may be held up to 24 hours while awaiting the procedure of commitment or release or court appearances.
"Holdover" means a nonsecure area within a law enforcement facility, hospital, mental health facility or other existing public building that is intended to serve as a short-term holding facility for juveniles. A nonsecure area may be a multipurpose area which is unable to be locked.
"Housing unit" means a detention area. This area may be a single occupancy cell, multiple occupancy cell, cellblock, or dormitory.
"Inspection unit" means the state jail inspection unit.
"Jail" means any place administered by the county sheriff and designed to hold prisoners for as long as lawfully required but not to exceed one year pursuant to Iowa Code chapters 356 and 356A.
"Jail administrator" means the sheriff, sheriff’s designee, or the executive head of any agency operating a jail. The jail administrator shall be responsible for the operation of the facility according to these rules.
"Jailer" means any person who is involved in the booking or supervision of prisoners, who has direct contact with prisoners or who has control over the movement or release of prisoners within the jail. Jailers shall meet the requirements of rules 201—50.10(356,356A) and 50.11(356,356A), Iowa Administrative Code.
"Jail inspector" means the department of corrections employee responsible for inspections of jails and enforcement of these rules by authority of Iowa Code section 356.43.
"Jail supervisor" means any person who is responsible for the routine operation of a jail during assigned duty hours. While this person does not have to be on the premises at all times, the person must be readily available for consultation.
"Juvenile" means any person under the age of 18 years.
"Living unit" means an area within a housing unit and that contains individual sleeping compartments, dayrooms, all necessary personal hygiene fixtures, and sufficient tables and seats to accommodate capacity.
"Lock down" means whenever prisoners are required to be in their individual cells or locked in same.
"Mail" means anything that is sent to or by prisoners through the United States Postal Service.
"Major remodeling" means construction that changes the architectural design of an existing jail and that increases or decreases capacity.
"Medical practitioner" means a licensed physician, licensed osteopathic physician or physician’s assistant or medical resources such as a hospital or clinic.
"Mental illness" means a psychiatric illness or disease expressed primarily through abnormalities of thought, feeling, and behavior producing either distress or impaired function.
"Minister" means a trained person ordained or licensed by a bona fide religion to conduct the services of that faith.
"Monitoring" means having a reasonable degree of knowledge or awareness of what activities a prisoner is engaged in during incarceration.
"Multiple occupancy cell" means a cell designed for more than one prisoner and accessible to a dayroom.
"Nonsecure hold" means a nonsecure area within a law enforcement facility and which is intended to serve as a short-term holding facility for juveniles. A nonsecure area may be a multipurpose area which is unable to be locked.
"Person performing jail duties" means all persons directly involved in the provision of services to prisoners or the operation of a jail except:
  1. Outside contractors performing specific housekeeping functions under the direct supervision of a jailer.
  2. Individuals such as maintenance personnel, cooks, and janitors, if they do not have direct contact with prisoners or routine access to areas occupied by prisoners.
"Physical jeopardy" means, due to the prisoner’s physical or mental condition, the prisoner is in peril of serious physical harm.
"Pod" means a grouping of two or more housing units, usually found in large facilities, which will aid in the control of prisoners.
"Prisoner" means any individual confined in a jail.
"Residential facilities" means the facilities governed by 201—Chapter 43.
"Roving supervising officer" means an officer who provides direct supervision of prisoners by continuously moving through the housing unit, cells, and activity area of the unit.
"Segregation cell" means a single occupancy cell equipped with tamper-resistant bunks, a toilet, and a wash basin which are of the type recommended for maximum security housing.
"Unencumbered space" is floor space that is not encumbered by furnishings or fixtures. Unencumbered space is determined by subtracting the floor area encumbered by furnishings and fixtures from the total floor area. (All fixtures must be in operational position for these calculations.)
"Waiver/variance" means a waiver of a specific standard granted by the Iowa department of corrections in accordance with 201—Chapter 7.
"Weapons" means any instrument, excluding restraining devices, chemical control agents and electronic control devices, with an intended use of self-defense, protection of another, or to gain or maintain compliance from an individual.
Related ARC(s): 9578B201—50.2(356, 356A)  General provisions.    50.2(1)    Applicability.  These rules apply to all facilities regulated by Iowa Code chapters 356 and 356A except temporary holding facilities which are covered by 201—Chapter 51.  50.2(2)    Capacity.  Established capacities as determined by these rules shall not be exceeded except in the event of an emergency and then only for such a period of time as is necessary to arrange for alternate housing or release of sufficient prisoners to bring the number of persons confined into compliance with the rated capacity.  50.2(3)    Right to inspect and visit.  The chief jail inspector or authorized representatives shall visit and inspect jails and may do so on an unannounced basis. Jail personnel and supervisors shall cooperate in inspections and shall exhibit to the inspectors, upon request, all books, records, medical records, data, documents and accounts pertaining to a jail or to the prisoners confined and shall assist inspectors to perform the functions, powers and duties of their office. Provisions of the first paragraph of Iowa Code section 356.43 shall control to the extent of any inconsistency of the provisions of this subrule.  50.2(4)    Other standards.  Nothing contained in these standards shall be construed to prohibit local officials from adopting standards and requirements governing their employees and facilities, provided such standards and requirements exceed and do not conflict with standards mandated in this chapter. These standards shall not be construed as authority to violate any state fire safety standard, building standard, health and safety code, or any constitutional requirement. No jail shall be operated without substantially meeting these rules, absent the granting of a waiver/variance.  50.2(5)    Equal opportunity.  Facilities, programs, and services shall be available on an equitable basis to both males and females even though each standard does not specify that it applies to both males and females.  50.2(6)    Nondiscriminatory treatment.  Each jail administrator shall ensure that staff and prisoners are not subject to discriminatory treatment based upon race, religion, nationality, disability, sex or age absent compelling reason for said discriminatory treatment. Discrimination on the basis of a disability is prohibited in the provision of services, programs, and activities.201—50.3(356, 356A)  Inspection and compliance.  The chief jail inspector or authorized representatives shall visit and inspect each jail within this state at least annually to determine the degree of compliance with these standards and within 45 days of each inspection shall report the results to the sheriff and the governing body responsible for the facility.  50.3(1)    Notice of noncompliance with minimum standards.  Whenever the determination is made that a jail or other holding facility is not in compliance with established minimum state jail standards, the chief administrator of the affected governmental facility will be notified by letter posted or personal delivery of the need to bring the facility into compliance. The jail inspection unit shall issue a notice of noncompliance to the responsible jail administrator and the governing body of each instance in which the jail fails to comply with the minimum standards established under these rules. The letter shall contain a listing of the statute(s) and rule(s) with which the facility is not in compliance and a description of the deficiencies and shall specifically identify each minimum standard with which the jail has failed to comply.  50.3(2)    Enforcement of minimum standards; remedial orders.  Upon receipt of a notice of noncompliance pursuant to subrule 50.3(1), the responsible authorities shall initiate appropriate corrective measures within the time prescribed by the jail inspection unit in its notice (which shall not exceed 90 days) and shall complete the corrections within a reasonable time as prescribed by the notice of noncompliance. The jail inspector may agree with the responsible authorities to a plan of action detailing corrective steps with corresponding time frames which will bring the facility into compliance within a reasonable time. If the responsible officials receiving a notice of noncompliance fail to initiate corrective measures or to complete the corrective measures within the time prescribed, the jail inspection unit may order the jail in question or any portion thereof closed, that further confinement of prisoners or classifications of prisoners in the noncomplying jail or any portion thereof be prohibited, or that all or any number of prisoners then confined be transferred to and maintained in another jail or detention facility, or any combination of remedies.An order for closure shall contain the following:  a.  Statute(s) and rule(s) violated.  b.  A brief description of the deficiencies.  c.  The effective date of the order.  d.  An explanation of remedies required before reopening.This order shall be the notice of noncompliance pursuant to Iowa Code section 356.43 and 201—Chapter 12 concerning contested cases. The matter shall then proceed in accordance with 201—Chapter 12. The jail inspector may agree with the responsible authorities to a plan of action detailing corrective steps with corresponding time frames which would bring the facility into compliance within a reasonable time. The remedial order shall be in writing and shall specifically identify each minimum standard with which the jail has failed to comply. Such remedial order shall become final and effective 30 days after receipt thereof. In the event immediate closure is required, emergency action shall proceed pursuant to 201—12.24(17A).  50.3(3)    Precedent.  Because rules cannot adequately anticipate all potential specific factual situations and circumstances presented for action, determination or adjudication by the jail inspection unit, the nature of the action taken with regard to any matter or the disposition of any matter pending before the jail inspection unit is not necessarily of meaningful precedential value, and the department shall not be bound by the precedent of any previous action, determination, or adjudication in the subsequent disposition of any matter pending before it.This rule is intended to implement Iowa Code sections 17A.10, 17A.12 and 356.43.Related ARC(s): 3929C201—50.4(356, 356A)  Physical plant—general.    50.4(1)    Building to meet existing codes.  All facilities are required to be structurally sound and to meet existing building code and health code requirements.  50.4(2)    Professional inspections.    a.  The state jail inspector may require for good reason that an agency operating a jail cause it to be examined by an architect, engineer, licensed electrician, health inspector, plumber, heating and air conditioning specialist, food establishment inspector, state fire marshal or fire inspector or any other person with expertise which may be of assistance to the state jail inspector in making an informed decision relative to the jail operation or structure. Inspection by a municipal inspector qualified in these areas may be permitted.  b.  Any facility determined to be deficient following inspection may be ordered closed by the jail inspector, or specific conditions limiting its operation may be imposed in lieu of closing.An order of closure shall contain the following:  (1)  Statute(s) and rule(s) violated.  (2)  A brief description of the deficiencies.  (3)  The effective date of the order.  (4)  An explanation of remedies required before reopening.An order of closure shall adhere to subrules 50.3(1) and 50.3(2). This order shall be the notice of noncompliance pursuant to Iowa Code section 356.43 and 201—Chapter 12 concerning contested cases. The matter shall then proceed in accordance with 201—Chapter 12.  c.  In the event that any agency fails to cooperate in an inspection, the jail inspector may arrange for an inspection and the agency operating the facility shall be financially responsible for any expense involved.  50.4(3)    Heating and ventilation.  All detention and living areas shall be reasonably heated and ventilated, with air flow sufficient to admit fresh air and remove disagreeable odors, to ensure healthful and comfortable living and working conditions for prisoners and staff. Fans and an adequate supply of cold liquids will be made available and utilized when indoor temperatures exceed 85° Fahrenheit.  50.4(4)    Cells.  Maximum security cells shall be equipped with tamper-resistant bunks, secured table(s) and seat(s), plus a toilet and washbasin recommended for jail or prison use. Cells shall have an adequate supply of both hot and cold water; mixing valves may be used. Housing areas of less secure design need not contain tamper-resistant fixtures.  50.4(5)    Lighting.  Lighting shall be a minimum of 20 candlepower at the table top for the purposes of reading and writing. Living areas shall be devoid of dark areas. Hallways, entrances and exits shall be sufficiently lit to observe a person entering or exiting. Light controls shall be out of the control of prisoners. Housing areas may be variably illuminated to allow sleep, but continuous observation of prisoners must be possible. All exits shall be equipped with independent emergency lighting sources.  50.4(6)    Screens.  If windows are opened for ventilation, screens shall be installed and maintained in good repair.  50.4(7)    Electrical.  Drop cords shall not be used as permanent wiring. Electrical service shall meet the requirements of the governmental body permitted by statute to adopt standards for electrical service. Appliances shall plug directly into a fixed receptacle. Emergency generator power shall be available. Emergency generator power shall be tested at regular intervals not less than monthly. A record of test dates shall be maintained.  50.4(8)    Storage.    a.  Storage of any type in primary detention areas is not permitted except for supplies necessary for the operation of the jail.  b.  Adequate storage space for prisoners’ personal clothing and property shall be provided. Space provided shall be secure, and the prisoner’s name or identification number shall be affixed to the storage space. Property shall be inventoried and accounted for as provided in Iowa Code section 804.19.  c.  Janitorial supplies shall be stored in a manner to prevent unauthorized prisoner access. Janitorial supplies and equipment shall not be stored in prisoner living areas.  d.  Areas used for storage of chemicals, paints, and cleaning supplies shall not be accessible to prisoners and such products shall be stored away from the primary detention area. Such storage shall not be in boiler or furnace rooms.  50.4(9)    Mirrors.  Mirrors within detention areas shall be of tamper-resistant construction and securely fixed in place.  50.4(10)    Firearms lockers.  A place inaccessible to prisoners shall be provided where officers entering the security area can store firearms.  50.4(11)    Noise level.  Prisoner noise inside the jail shall be controlled to ensure an orderly and secure jail operation. Jail policy shall include a rule pertaining to noise level. Prisoners must be advised of the rule.Related ARC(s): 9578B201—50.5(356, 356A)  Physical requirements for existing facilities.  This rule shall apply to all jails in existence prior to June 30, 1984. In cases where an existing jail undergoes major remodeling after September 12, 2001, rules 201—50.6(356,356A) and 201—50.7(356,356A) shall apply to the area being upgraded.  50.5(1)  Each single occupancy cell for prisoners in normal status shall have a minimum floor area of 40 square feet provided that the prisoner is not required to spend more than 16 hours during any 24-hour period in the cell.  50.5(2)  Each single occupancy cell must provide 50 square feet of floor space for prisoners held more than 16 hours during any 24-hour period.  50.5(3)  Multiple occupancy cells shall provide 40 square feet of floor space for the first prisoner and an additional 20 square feet for each additional prisoner provided that no prisoner is required to spend more than 16 hours in the cell during any 24-hour period.  50.5(4)  Prisoners held in multiple occupancy cells for more than 16 hours during any 24-hour period shall have a minimum of 50 square feet of floor space for the first prisoner and 30 additional square feet of floor space for each additional prisoner.  50.5(5)  Except in emergency situations, no multiple occupancy cell shall house more prisoners than the rated capacity.  50.5(6)  Dormitory units shall have a minimum of 60 square feet of floor space per prisoner.  50.5(7)  Each single occupancy cell, multiple occupancy cell and dormitory unit shall provide the following:  a.  A minimum of 7 feet from floor to ceiling height.  b.  A bunk of adequate size for normal-sized adults.  c.  Access to a functional toilet.  d.  Access to a lavatory that furnishes both hot and cold water; mixing valves may be used.  e.  Sufficient tables and seats to accommodate the rated capacity of the unit. The tables and seats may be located in the cells or in an adjacent dayroom.  f.  A functionally operating shower which furnishes both hot and cold water; mixing valves may be used. This shower may be either in the housing unit itself or in an adjacent area.  50.5(8)  Each dayroom shall have a minimum floor area of 30 square feet. There shall be an additional 15 square feet for each prisoner beyond one.201—50.6(356, 356A)  Physical requirements for new and remodeled facilities—after June 30, 1984.  This rule shall apply to jails which are of new construction and to all major remodeling after June 30, 1984. For jails which are of new construction and for all major remodeling after September 12, 2001, rule 201—50.7(356,356A) shall apply. Plans for any remodeling or new construction shall be submitted to the jail inspection unit prior to letting any bids or commencing any construction subject to this rule. The jail inspection unit shall, within 60 days of receiving plans, review them for compliance with this rule and forward any comments to the submitting authority.  50.6(1)  New housing units may be single occupancy cells, multiple occupancy cells or dormitory units. Each single occupancy cell shall have a minimum of 70 square feet of floor space. Each multiple occupancy cell shall have a minimum of 70 square feet of floor space for the first prisoner and an additional 50 square feet of floor space for each additional prisoner. Dormitory units shall provide a minimum of 60 square feet per prisoner.  50.6(2)  All housing units shall provide:  a.  No less than 7 feet of space between the floor and ceiling.  b.  A bunk of adequate size for normal-sized adults for each prisoner.  c.  Sufficient desks/tables and chairs/seats to accommodate the capacity of the housing unit.  d.  A dayroom which provides a minimum floor area of 30 square feet for the first prisoner and an additional 15 square feet for each prisoner beyond one. (Dormitories excluded.)  e.  A functionally operating shower which produces both hot and cold water.  f.  A lavatory that furnishes both hot and cold water for each group of nine prisoners or portion thereof.  g.  A functional toilet for each group of nine prisoners or portion thereof.  50.6(3)  Each maximum security cell shall have a security-type toilet/lavatory combination fixture which provides adequate hot and cold running water. These cells may rely on common toilet facilities located outside the detention room provided that the prisoner is never involuntarily locked in the room and denied access to the toilet facilities.  50.6(4)  Holding cells shall provide a minimum of 20 square feet per prisoner with a total capacity per cell of eight prisoners. Holding cells need not contain any fixture other than a means whereby prisoners may sit. Drinking water and toilet facilities shall be made available under staff supervision. Dayrooms need not be available to prisoners held in holding cells. Holding cells are for detaining persons for a limited period of time, not to exceed 24 hours, except in cases of emergency, while awaiting booking, processing, transfer, court appearance or discharge. Detainees will be supplied blankets if detained overnight in the holding cell. Emergencies are defined as unexpected occurrences, requiring immediate attention, of singular incident and resolution.  50.6(5)  The facility shall be designed to admit natural lighting and to give access to outside viewing by prisoners where practical.  50.6(6)  The facility shall be designed and constructed so that prisoners may be segregated according to existing laws and regulations.  50.6(7)  Except in emergency situations, no housing unit shall house more prisoners than its rated capacity.  50.6(8)  All hinged doors serving as required exits shall swing with exit traffic.201—50.7(356, 356A)  Physical requirements for new and remodeled facilities—after September 12, 2001.  This rule shall apply to jails which are of new construction and all major remodeling or reconstruction after September 12, 2001. Plans for any remodeling or new construction shall be submitted to the jail inspection unit prior to letting any bids or commencing any construction subject to this rule. The jail inspection unit shall, within 60 days of receiving plans, review them for compliance with this rule and forward any comments to the submitting authority.  50.7(1)  New housing units may be single occupancy cells, multiple occupancy cells or dormitory units. Each single occupancy cell shall have a minimum of 70 square feet of floor space. Each multiple occupancy cell shall have a minimum of 35 square feet of unencumbered floor space for each prisoner. Dormitory units shall provide a minimum of 60 square feet per prisoner.  50.7(2)  All housing units shall provide:  a.  No less than 7 feet of space between the floor and ceiling.  b.  A bunk of adequate size for normal-sized adults for each prisoner.  c.  Sufficient desks/tables and chairs/seats to accommodate the capacity of the housing unit.  d.  A dayroom which provides a minimum floor area of 30 square feet for the first prisoner and an additional 15 square feet for each prisoner beyond one. (Dormitories excluded.)  e.  A functionally operating shower which produces both hot and cold water for each group of 12 prisoners.  f.  A lavatory that furnishes both hot and cold water for each group of 9 prisoners or portion thereof.  g.  A functional toilet for each group of 9 prisoners or portion thereof.  50.7(3)  Each maximum security cell shall have a security-type toilet/lavatory-combination fixture which provides adequate hot and cold running water. These cells may rely on common toilet facilities located outside the detention room provided that the prisoner is never involuntarily locked in the room and denied access to the toilet facilities.  50.7(4)  Holding cells shall provide a minimum of 20 square feet per prisoner with a total capacity per cell of eight prisoners. Holding cells need not contain any fixture other than a means whereby prisoners may sit. Drinking water and toilet facilities shall be made available under staff supervision. Dayrooms need not be available to prisoners held in holding cells. Holding cells are for detaining persons for a limited period of time, not to exceed 24 hours, except in cases of emergency, while awaiting booking, processing, transfer, court appearance or discharge. Detainees will be supplied blankets if detained overnight in the holding cell. Emergencies are defined as unexpected occurrences, requiring immediate attention, of singular incident and resolution.  50.7(5)  Exercise areas shall be 15 square feet per prisoner for the maximum number of prisoners expected to use the space at one time in accordance with 50.18(1)“c.”  50.7(6)  The facility shall be designed to admit natural light and to give access to outside viewing by prisoners where practical.  50.7(7)  The facility shall be designed and constructed so that prisoners may be segregated according to existing laws and regulations.  50.7(8)  Except in emergency situations, no housing unit shall house more prisoners than its rated capacity.  50.7(9)  All hinged doors serving as required exits shall swing with exit traffic.201—50.8(356, 356A)  Physical requirements for new and remodeled facilities—after December 28, 2005.  This rule shall apply to all jails which are of new construction and to all major remodeling or reconstruction after December 28, 2005.  50.8(1)  Cells and dormitory units.  a.  Single occupancy cells shall provide a minimum of 35 square feet of unencumbered floor space. When confinement exceeds 10 hours per day, except during administrative segregation or emergencies, there shall be at least 70 square feet of total floor space.  b.  Multiple occupancy cells shall provide a minimum of 25 square feet of unencumbered floor space for each prisoner. When confinement exceeds 10 hours per day, except during administrative segregation or emergencies, there shall be at least 35 square feet of unencumbered floor space for each occupant.  c.  Dormitory units shall provide a minimum of 60 square feet of floor space for each prisoner, exclusive of lavatories, showers, and toilets.  50.8(2)  All housing units shall provide:  a.  No less than 7 feet of space between the floor and ceiling.  b.  A bunk of adequate size for normal-sized adults for each prisoner and at least 12 inches off the floor.  c.  Sufficient desks/tables and chairs/seats to accommodate the capacity of the housing unit.  d.  A dayroom, which provides a minimum floor area of 35 square feet of space per prisoner (exclusive of lavatories, showers and toilets) for the maximum number of prisoners who use the dayroom at one time. No dayroom shall encompass less than 100 square feet of space, exclusive of lavatories, showers and toilets. Dayrooms shall provide sufficient seating and writing surfaces. (Dormitories excluded.)  e.  A functionally operating shower which produces both hot and cold water for each group of 12 prisoners.  f.  A lavatory that furnishes both hot and cold water for each group of 9 prisoners or portion thereof.  g.  A functional toilet/stool for each group of 9 prisoners or portion thereof. Urinals may be substituted for up to one-third of the toilets in housing units for male prisoners.  50.8(3)  Each maximum-security cell shall have a security-type toilet/lavatory-combination fixture that provides adequate hot and cold running water.  50.8(4)  Holding cells/special-needs cells.  a.  Holding cells shall provide a minimum of 20 square feet per prisoner with a maximum capacity per cell of eight prisoners. Holding cells need not contain any fixture other than a means whereby prisoners may sit. Drinking water and toilet facilities shall be made available under staff supervision. Dayrooms need not be available to prisoners held in holding cells. Holding cells are for detaining persons for a limited period of time not to exceed 24 hours, except in cases of emergency, while the persons are awaiting booking, processing, transfer, court appearance or discharge. Prisoners will be supplied blankets if detained overnight in the holding cell. Emergencies are defined as unexpected occurrences, requiring immediate attention, of singular incident and resolution.  b.  Special-needs cells. A jail may contain one or more single occupancy cells, designated as special-needs cells, in which to temporarily contain violent persons. The cell shall have not less than 40 square feet of floor space and a ceiling height of not less than 7 feet. The cell shall be constructed to minimize self-injury. Toilet facilities may be controlled from outside the cell and may be in the floor. Water need not be available in the cells, but water shall be accessible from staff upon request.  50.8(5)  Exercise areas.  a.  This paragraph shall apply to all jails constructed on or before July 1, 2008. Exercise areas may be indoor or outdoor exercise areas and shall contain 15 square feet per prisoner for the maximum number of prisoners expected to use the space at one time, but not less than 500 square feet of unencumbered space. Segregation units may have individual exercise areas containing a minimum of 180 square feet of unencumbered space. Exercise areas shall provide opportunity for adequate exercise in accordance with 50.18(1)“c.” Exercise areas shall not be the same as dayrooms.  b.  This paragraph shall apply to all jails which are of new construction and to all major remodeling or reconstruction after July 1, 2008. Exercise areas may be indoor or outdoor exercise areas and shall contain 15 square feet per prisoner for the maximum number of prisoners expected to use the space at one time, but not less than 500 square feet of unencumbered space. Segregation units may have individual exercise areas containing a minimum of 180 square feet of unencumbered space. Exercise areas shall have a minimum ceiling height of 18 feet. Exercise areas shall provide opportunity for adequate exercise in accordance with 50.18(1)“c.” Exercise areas shall not be the same as dayrooms.  50.8(6)  The facility shall be designed to admit natural light and to give access to outside viewing by prisoners where practical.  50.8(7)  The facility shall be designed and constructed so that prisoners may be segregated according to existing laws and regulations.  50.8(8)  Except in emergency situations, no housing unit shall house more prisoners than its rated capacity.  50.8(9)  All hinged doors serving as required exits shall swing with exit traffic.201—50.9(356, 356A)  Fire safety and emergency evacuation.    50.9(1)    Approval of building plans.  All new construction or major remodeling plans shall be approved by the state fire marshal prior to commencement of construction.  50.9(2)    Compliance with fire marshal rules.  No jail shall be occupied by a prisoner unless the state fire marshal or qualified local fire prevention authority has issued a certificate of inspection within the last 18 calendar months documenting that the jail complies with the fire safety standards for jails included in administrative rules promulgated by the state fire marshal. Jails may be inspected by the fire marshal, or by personnel of local fire departments deemed by the fire marshal qualified to conduct inspections, on a schedule determined by the fire marshal. The state jail inspection unit of the department of corrections, a jail administrator, or the chief executive of an agency that administers a jail may request that the state fire marshal inspect a jail for compliance with fire safety standards. If the state fire marshal finds that a jail is not in substantial compliance with fire safety standards based on such an inspection, the state fire marshal may require the jail administrator to submit to the fire marshal a plan of correction of violations of these standards. The director of the Iowa department of corrections may initiate proceedings to close the jail if the jail does not comply with the plan of correction.  50.9(3)    Evacuation plan.  The administrator of each jail shall prepare a written plan for emergency evacuation of the facility in the event of fire or other disaster. This plan shall include security arrangements and one or more alternate housing arrangements for displaced prisoners. All personnel employed in the facility shall be thoroughly familiar with this plan and relevant portions thereof shall be conspicuously posted. Evacuation drills shall be practiced or simulated by all staff on at least an annual basis and a record thereof shall be maintained according to subrule 50.22(10), Iowa Administrative Code.  50.9(4)    Release of prisoners.    a.  There shall be a reasonable expectation of the prompt removal of prisoners in the event of a life-threatening situation. Keys for all locks necessary for emergency exit shall be readily accessible and clearly identifiable with cell and door locks.  b.  There shall be at least one full set of jail keys, other than those regularly used, stored in a safe place accessible only to appropriate persons, for use in the event of an emergency.  50.9(5)    Fire extinguishers.  All jails shall be equipped with fire extinguishing equipment approved and located in accordance with standards established by the state fire marshal by administrative rule. Fire extinguishers shall be tested at least annually to ensure they remain in operative condition. A record of such checks shall be maintained.  50.9(6)    Emergency lighting.  All exits shall be equipped with independent emergency lighting sources. All corridors and passage aisles shall be illuminated by independent emergency lighting sources. Lighting shall be arranged to ensure no area will be left in darkness.  50.9(7)    Required exits.  Where exits are not immediately accessible from an open floor area, safe and continuous passage aisles or corridors leading directly to every exit shall be maintained and shall be so arranged as to provide access for each prisoner to at least two separate and distinct exits from each floor. Passage aisles or corridors shall be kept clear. A locked exit may be classified as an emergency exit only if necessary keys to locked doors are readily available. Elevators shall not be counted as required exits.  50.9(8)    Fire alarms.  A means of fire detection utilizing equipment of a type meeting requirements established by the state fire marshal shall be installed and maintained. These alarms shall be ceiling-mounted if possible and shall be located and protected from prisoner access. The detection equipment shall be battery-operated or constructed as to continue operating during a power failure. Battery-operated systems shall be tested monthly. Electronic systems shall be tested at least annually. A record of test dates and results shall be maintained according to subrule 50.22(10), Iowa Administrative Code.  50.9(9)    Heating appliances.  Heating appliances and water heaters shall not be located along the path of required exits.  50.9(10)    Hinged doors.  All hinged doors serving as required exits from an area designed for an occupancy in excess of 50 persons, or as part of a major remodeling project or as part of new construction, shall swing with exit traffic.  50.9(11)    Mattresses.  Only fire-resistant mattresses of a type that will not sustain a flame and certified by an independent testing laboratory and that meet the standards established by the state fire marshal shall be used in jails. Mattresses that are ripped, excessively cracked or which contain large holes shall be replaced. Pillows shall be replaced when torn or excessively cracked.  50.9(12)    Sprinkler heads.  If installed, sprinkler heads accessible to prisoners not under direct supervision must be of the weight-sensitive type, be protected with a sleeve that would hamper the tying of material on the sprinkler head, or be recessed into the wall or ceiling.Related ARC(s): 3929C201—50.10(356, 356A)  Minimum standards for jail personnel.    50.10(1)    Requirements for employment.  No person shall be recruited, selected or appointed to serve as a jail administrator or jailer 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 thorough background investigation including a fingerprint search conducted of local, state and national fingerprint files.  d.  Is not by reason of conscience or belief opposed to the use of force, when appropriate or necessary to fulfill the person’s duties.  e.  Has the ability to perform the essential elements of the position as defined in department job specifications.  f.  Is an appropriate candidate for employment as demonstrated by qualified psychological screening.  g.  Rescinded IAB 11/23/05, effective 12/28/05.  50.10(2)    Minimum standard for retention.  No employee shall be retained who has demonstrated inappropriate action beyond a reasonable degree, who is not psychologically fit for jail employment, or who has repeatedly failed to observe these rules.  50.10(3)    Conflict of interest.  No person working in a jail shall transact any business with any prisoner nor shall any person working in a jail arrange through another party any business transaction with a prisoner. The jail shall have a written code of ethics that the jail provides to all employees. At a minimum, the code shall:  a.  Prohibit staff from using their official positions to secure privileges for themselves or others.  b.  Prohibit staff from engaging in activities that constitute a conflict of interest.201—50.11(356, 356A)  Training for jail personnel.    50.11(1)    Initial orientation.  Except in an emergency situation, all persons performing jail duties and dispatchers subject to performing jail duties within the confines of the jail shall meet the following requirements, and the provision of this information and training shall be documented:  a.  The individual shall be fully knowledgeable of the administrative rules referring to jail standards.  b.  The individual shall be fully knowledgeable of jail rules, written policies and procedures as adopted by the jail administrator.  c.  The individual shall have been given specific orientation with respect to a prisoner’s rights during confinement and procedures adopted to ensure those rights.  d.  If the individual is to have access to a firearm at any time, the individual shall hold a valid permit to carry weapons issued under the authority of Iowa Code chapter 724. The individual shall be professionally trained and qualified in the use of any firearm, electric restraint control device, and chemical control agents prior to use in connection with the individual’s duties at the jail.  e.  The jail administrator shall record by log sheet the signature(s) of all jailers and jail supervisors attesting that they have full knowledge of the administrative rules referring to jail standards and the written policies and procedures governing the jail’s operation.  f.  The individual shall have been instructed in the use of required firefighting equipment and the fire and emergency evacuation plan.  g.  All staff who administer medication shall be trained in accordance with the Iowa State Sheriffs and Deputies Association medication training program or other recognized medication administration course.  50.11(2)    Training documented.  All jailers and jail administrators shall meet and document the completion of all training requirements as specified by the Iowa law enforcement academy training standards as found in 501—9.1(80B) and 501—9.2(80B), Iowa Administrative Code. The jail administrator shall record by log sheet the signature(s) of all persons attending the training.  50.11(3)    First aid.  At least one staff member on duty at the facility shall be currently trained in first aid (or the equivalent) and CPR.This rule is intended to implement Iowa Code section 80B.11A.201—50.12(356, 356A)  Standard operating procedures manual.  Pursuant to the authority of Iowa Code sections 356.5 and 356.36, each jail shall establish and the jail administrator shall ensure compliance with a standard operating procedures manual to include the following administrative rules: subrules 50.2(5), 50.2(6), 50.4(11), 50.9(3), 50.9(4), 50.10(1), 50.10(2), 50.10(3), 50.11(1) and rules 50.13(356,356A) to 50.22(356,356A) as noted. The following standards do not require written policy: 50.13(2)“c”(3), 50.15(4), 50.16(4), and 50.16(8).201—50.13(356, 356A)  Admission/classification and security.    50.13(1)    Admission and classification.    a.  No person shall be confined or released from confinement without appropriate process or order of court.  b.  With the exception of incidental contact under staff supervision, the following classes of prisoners shall be kept separate by architectural design barring conversational and visual contact from each other:  (1)  Juveniles and adults (pursuant to Iowa Code section 356.3).  (2)  Females from males (exception—alternative jail facilities) (pursuant to Iowa Code section 356.4).  c.  The following shall be kept separate whenever possible:  (1)  Felons from misdemeanants.  (2)  Pretrial prisoners from sentenced prisoners.  (3)  Witnesses from prisoners charged with crimes.  d.  The following shall be kept physically separated:  (1)  Prisoners of whom violence is reasonably anticipated.  (2)  Prisoners who are a health risk to others.  (3)  Prisoners of whom sexually deviant behavior is reasonably anticipated.  (4)  Prisoners likely to be exploited or victimized by others.  e.  Detention of juveniles shall be pursuant to Iowa Code section 232.22.  f.  All staff involved in the booking process or the supervision of prisoners shall be trained in suicide prevention. At the time of booking, an attempt shall be made (either by observation for marks or scars or direct questioning of the prisoner) to determine if the prisoner is suicidal. The following questions, or others of equal meaning, shall be incorporated into the booking process with appropriate documentation to aid in suicide prevention:  (1)  Does the prisoner show signs of depression?  (2)  Does the prisoner appear overly anxious, afraid, or angry?  (3)  Does the prisoner appear unusually embarrassed or ashamed?  (4)  Is the prisoner acting or talking in a strange manner?  (5)  Does the prisoner appear to be under the influence of alcohol or drugs?  (6)  Does the prisoner have any scars or marks which indicate a previous suicide attempt?In all cases, the following questions will be asked of the prisoner:Have you ever tried to hurt yourself?Have you ever attempted to kill yourself?Are you thinking about hurting yourself?  g.  Housing for prisoners with disabilities shall be designed for their use, or reasonable accommodations shall be provided for the prisoners’ safety and security.  h.  Jail personnel shall ask each prisoner within 24 hours of the prisoner’s incarceration if the prisoner is a military veteran. If so, jail personnel shall advise the prisoner that the prisoner may be entitled to a visit from a veteran service officer to determine if veteran services are required or available and, within 72 hours, shall provide the prisoner with contact information for the county commission of veteran affairs and provide the prisoner the opportunity to contact the county commission of veteran affairs to schedule a visit from a veteran service officer.  50.13(2)    Security and control.  The jail administrator shall develop and implement written policies and procedures for the jail which provide for the control of prisoners and for the safety of the public and the jail staff. The policy and procedures shall include:  a.    Supervision of prisoners.    (1)  Twenty-four-hour supervision of all prisoners shall be provided pursuant to Iowa Code section 356.5(6).  (2)  When staff is not within the confinement area of the jail, a staff person shall be in a position to hear prisoners in a life-threatening or emergency situation; or a calling device to summon help will be provided. By policy and practice there shall be a means of ensuring that appropriate personnel will be available on a 24-hour basis to respond to an emergency including, but not limited to, fire, assaults, suicide attempts, serious illness, and to preserve order, within a reasonable time period.  (3)  At least hourly, personal observation of individual prisoners shall be made and documented. Prisoners considered to be in physical jeopardy because of physical or mental condition, including apparently intoxicated persons, as indicated by the medical history intake process and by personal observation, shall be checked personally at least every 30 minutes until the condition is alleviated. A CCTV-audio monitoring system may supplement but shall not replace personal observations. In order to use a CCTV-audio monitoring system, the following requirements must be met: CCTV and audio must be operational at all times. Visual and audio must be clear and distinct. Observation of shower and restroom activities shall be at the discretion of the jail administrator.  (4)  No employee or visitor of one sex shall enter a housing unit occupied by the other sex unless advance notice has been provided except in case of an emergency (does not apply to alternative jail facilities). Advance notice may be provided at the time of orientation.  (5)  When females are housed in the jail, at least one female staff member shall be on duty in the jail at all times, in accordance with Iowa Code section 356.5(6) (does not apply to alternative jail facilities).  (6)  All juveniles arrested for intoxication due to substance abuse shall be personally observed on a continuous basis throughout the period of detention. The activities of juveniles arrested for crimes other than the above shall be monitored at all times, and the juvenile shall be observed by means of personal supervisory checks at no more than 30-minute intervals.  b.    Weapons.  Except in an emergency situation, no weapons shall be allowed in an area occupied by prisoners.  c.    Searches.    (1)  All prisoners and property entering or leaving the jail shall be thoroughly searched; searches of persons charged with a simple misdemeanor shall follow provisions of Iowa Code section 804.30. The prisoner’s name or identification number shall be affixed to the property or storage space. Receipts shall be made for property taken from prisoners at the time of admission and returned to prisoners at the time of release.  (2)  All persons entering a jail may be searched for contraband. Persons may be denied admission if they refuse to consent to a required search.  (3)  A search notice shall be posted in a conspicuous place (no policy required).  (4)  Prisoner rules shall contain a clear definition of each item permitted in the jail. All other items shall be considered contraband.  (5)  Random, unannounced, and irregular searches of areas accessible to prisoners shall be conducted for contraband and weapons.  d.    Key control.  Jail keys shall be stored in a secure area when not in use. There shall be at least one full set of jail keys, separate from those in use, stored in a safe place accessible only to designated jail personnel for use in the event of an emergency. The jail administrator will identify those persons who may have access to keys.  e.    Facility security.    (1)  All areas of the jail shall be inspected regularly and frequently and kept clear of large posters, pictures and articles of clothing that obstruct the view of prisoners by jail staff.  (2)  All jail locks, doors, bars, windows, screens, grilles and fencing shall be inspected on at least a monthly basis. Any damaged or nonfunctioning equipment or fixtures shall be reported to the jail administrator in writing. The jail administrator shall ensure prompt repair of any damaged or nonfunctioning equipment or fixture.  (3)  The jail administrator shall develop written policy and procedures for the movement and transportation of prisoners outside the secure area of the jail. The policy shall require procedures that will ensure the safety of the jail staff and the public and prevent prisoner escape. The policy shall provide procedures for movement of prisoners for medical treatment and to and from the courts and other facilities. The classification and security risk of the prisoner to be moved will determine the number of staff required and the type of restraints to be used, if any.  (4)  The jail administrator shall have written plans for situations that threaten facility security. Such situations include but are not limited to: bomb threats, riots, hunger strikes, disturbances, hostage situations, escape attempts, medical emergencies, natural disasters and staff work stoppage. The plans shall be made available to all applicable personnel and reviewed by jail staff at least annually and updated as needed.  f.    Restraint devices.  The jail administrator shall have a written policy on restraint devices. Restraint devices shall not be applied as punishment. Restraint devices shall be used only when a prisoner is a threat to self or others or jeopardizes jail security. There shall be defined circumstances under which supervisory approval is needed prior to application of restraints. Restraint devices shall not be applied for more time than is necessary to alleviate the condition requiring the use of the restraint device. While restrained, prisoners shall be either clothed or covered in a manner that maximizes prisoner privacy. Four/five-point restraints shall be used only when other types of restraints have proven ineffective. If prisoners are restrained in a four/five-point position, the following minimum procedures shall be followed:  (1)  Observation by staff shall be continuous. (A CCTV system may be used.)  (2)  Personal visual (non-CCTV) observation of the prisoner and the restraint device application shall be made at least every 15 minutes.  (3)  Restraint guidelines shall include consideration of an individual’s physical and health condition, such as body weight.  (4)  All decisions and actions shall be documented.Related ARC(s): 9578B201—50.14(356, 356A)  Cleanliness and hygiene.    50.14(1)    Housekeeping.    a.  The jail shall be kept clean and sanitary. Toilets, wash basins, showers and other equipment throughout the facility shall be maintained in good working order. Walls, floors and ceilings shall be well maintained.  (1)  Unless cleaning is done by staff, necessary cleaning equipment shall be provided to prisoners. Cleaning equipment shall be removed from the cell and dayroom areas when cleaning is completed.  (2)  The jail shall be maintained in a pest-free condition. Persons spraying chemicals shall be certified by the Iowa department of agriculture and land stewardship. Prisoners and staff shall not be directly exposed to the chemicals being used.  b.  The jail shall have a sharps disposal container for razors and needles. The facility shall be equipped to handle disposal of contaminated or hazardous waste according to universal health precautions.  50.14(2)    Clothing, bedding, and hygiene items.  Prisoners held in excess of 24 hours shall be provided sanitary bedding and linens sufficient to ensure comfort under existing temperature conditions. These items may be withheld by the jail administrator if deemed necessary pursuant to subrule 50.21(5). A standard issue shall include:  a.  Toilet articles necessary for daily personal hygiene.  b.  Institutional clothing may be issued.  c.  If, upon admission to a jail with an average daily population exceeding ten persons, it is determined that the prisoner will be held longer than 24 hours, facility-provided clothing shall be issued.  d.  The laundry means and schedule shall be adequate to meet the daily needs of the prisoners. Prisoners shall receive clean linens and clothing no less than weekly.  50.14(3)    Personal hygiene.    a.  For sanitation and health reasons, prisoners shall be required to keep themselves clean at all times.  b.  Unless medically exempted, all prisoners to be held over 24 hours shall be required to shower or bathe.  c.  Prisoners may be required to shave or cut their hair only for sanitation.  d.  Jail personnel shall establish procedures for prisoner hair care.  e.  The sharing of instruments which are subject to blood contamination, such as nonelectric razors and toothbrushes, is prohibited. Electric razors properly sterilized under medically approved conditions may be shared.Related ARC(s): 9578B201—50.15(356, 356A)  Medical services.  The jail administrator shall establish a written policy and procedure to ensure that prisoners have the opportunity to receive necessary medical attention for the prisoners’ objectively serious medical and dental needs which are known to the jail staff. A serious medical need is one that has been diagnosed by a physician as requiring treatment or is one that is so obvious that even a lay person would easily recognize the necessity for a physician’s attention. The plan shall include a procedure for emergency care. Responsibility for the costs of medical services and products remains that of the prisoner. However, no prisoner will be denied necessary medical services, dental service, medicine or prostheses because of a lack of ability to pay. Medical and dental prostheses shall be provided only for the serious medical needs of the prisoner, as determined by a licensed health care professional. Cosmetic or elective procedures need not be provided.  50.15(1)    Medical resources.  Each jail shall have a designated licensed physician, licensed osteopathic physician or medical resource, such as a hospital or clinic staffed by licensed physicians or licensed osteopathic physicians, designated for the medical supervision, care and treatment of prisoners as deemed necessary and appropriate. Medical resources shall be available on a 24-hour basis.  50.15(2)    Trained staff.    a.  All staff who administer medication shall be trained in accordance with the Iowa State Sheriffs and Deputies Association medication training program or other recognized medication administration course.  b.  At least one staff member on duty at the jail shall be currently trained in first aid (or the equivalent) and CPR.  50.15(3)    Prisoner involvement.  No prisoner shall be involved in any phase of delivery of medical services.  50.15(4)    First-aid kits.  A first-aid kit approved by qualified medical personnel shall be available to staff (no policy required).  50.15(5)    Chemical control agents.  A prisoner affected by a chemical control agent shall be offered a medical examination and appropriate treatment as soon as reasonable.  50.15(6)    Screening upon admission.    a.  Any person who is obviously injured, ill or unconscious shall be examined by qualified medical personnel before being admitted to a jail.  b.  Prisoners suspected of having a contagious or communicable disease shall be separated from other prisoners until examined by qualified medical personnel.  c.  As a part of the admission procedure, a medical history intake form shall be completed for each person admitted to the jail. The intake procedure shall include screening for potential self-injury or potential suicide. Jail staff with actual knowledge that there is a substantial risk that a prisoner intends to commit suicide shall take reasonable measures to abate that risk. The jail shall have a written suicide prevention plan. Essential elements of the plan shall include annual training to recognize the potential for suicide, communication between staff, appropriate housing and intervention procedures.  d.  During times when there is no means of immediate access to the district court, a person arrested on a charge constituting a simple misdemeanor and believed by the arresting officer/agency to be mentally ill, and because of that illness is likely to physically injure the person’s self or others, shall be admitted to the jail only after the arresting officer/agency has demonstrated a reasonable effort to comply with the emergency hospitalization procedure, as provided in Iowa Code section 229.22. The jail shall have a written plan to provide prisoners access to services for the detection, diagnosis and treatment of mental illness. The plan shall include a mental health screening process at admission  e.  Prisoners shall be provided with information on how they can obtain necessary medical attention, and the agency’s policy and procedure shall also reflect this.  50.15(7)    Medication procedures.    a.  Written policies and procedures pertaining to providing medication shall be established.  b.  All prescription medicine shall be securely stored and inventory control practiced. Inventory control shall include documentation of all medication coming into the jail and the amount returned or destroyed when a prisoner is released.  c.  A written procedure for recording the taking or administering of all medications shall be established.  d.  Prescription medication, as ordered by a licensed physician, licensed osteopathic physician or licensed dentist, shall be provided in accordance with the directions of the prescribing physician or dentist. Prisoners with medication from a personal physician, osteopathic physician or dentist may be evaluated by a physician, osteopathic physician or dentist selected by the jail administrator to determine if the present medication is appropriate.  50.15(8)    Medical records.  A separate medical record shall be maintained for each prisoner receiving medical care. The record shall include the illness being treated, medication administered, special diets required, medical isolations and the name of the attending health professional or institution. The record may be kept in the prisoner’s file jacket but must be labeled confidential.  50.15(9)    Medication storage.    a.  Prisoners’ medications shall be stored at the proper temperature, as defined by the following terms:  (1)  Room temperature: temperature maintained between 15 degrees centigrade (59 degrees Fahrenheit) and 30 degrees centigrade (85 degrees Fahrenheit).  (2)  Cool: temperature between 8 degrees centigrade (46 degrees Fahrenheit) and 15 degrees centigrade (59 degrees Fahrenheit).  (3)  Refrigerate: temperature that is thermostatically maintained between 2 degrees centigrade (36 degrees Fahrenheit) and 8 degrees centigrade (46 degrees Fahrenheit).  (4)  All medication required to be “cool” or “refrigerated” shall be stored in a separate refrigerator or in a separate locked container within a refrigerator that is used for other purposes.  b.  Any medications bearing an expiration date may not be administered beyond the expiration date.  c.  Expired drugs or drugs not in unit dose packaging, whose administration had been discontinued by the attending physician, shall be destroyed by the jail administrator or designee in the presence of a witness. A record of drug destruction shall be made in each prisoner’s medical record. The record shall include the name, the strength and the quantity of the drug destroyed, and the record shall be signed by the jail administrator or designee and by the witness.  d.  Medications dispensed by a pharmacy in unit dose packaging may be returned to the dispensing pharmacy pursuant to board of pharmacy rule 657—23.15(124,155A).  e.  Jails utilizing unit dose packaging shall have written policies and procedures providing for the return of drugs so packed to the issuing pharmacy. Policy shall include proper record keeping of disposal.201—50.16(356, 356A)  General food service requirements.    50.16(1)    Prisoner being held.  If a prisoner is held over a meal period, a meal of adequate nutrition shall be provided.  50.16(2)    Daily meals.  The three meals provided for each 24-hour duration shall be served at reasonable and proper intervals; at least one meal shall be a hot meal. Food must be served at the proper temperature; hot foods shall be reasonably hot and cold foods reasonably cold.  50.16(3)    Time of serving.  Meals shall be served at approximately the same time every day.  50.16(4)    Documentation.  The facility shall document that its food service meets or exceeds nationally recommended minimum dietary allowances for basic nutrition for appropriate age groups. Dietary guidelines meeting the above requirements shall be certified by a qualified nutritionist or dietitian (no policy required).  50.16(5)    Medical diets.  Special diets as prescribed by a physician shall be followed and documented. The physician who prescribes the special diet shall specify a date on which the diet will be reviewed for renewal or discontinuation. Unless specified by the prescribing physician, a certified dietitian shall develop the menu.  50.16(6)    Religious requests.  When a special diet is requested by a prisoner as part of the prisoner’s religious beliefs, the facility shall meet that need, unless the facility can demonstrate that its refusal does not impose a substantial burden on the exercise of the prisoner’s religion or that its refusal furthers some compelling interest and is the least restrictive means of furthering that interest.  50.16(7)    Punishment.  Deviation from normal feeding procedures shall not be used as punishment.  50.16(8)    Inspection of facilities of outside food service providers.  If food service is provided by outside sources, only a facility with a food establishment license or those required to undergo inspection by other statutes shall be utilized to provide these services. The transfer of food shall be done under sanitary conditions (no policy required).201—50.17(356, 356A)  In-house food services.    50.17(1)  Food preparation areas shall be clean and sanitary in accordance with state health standards regulating institutional or food establishment operations.  50.17(2)  All food products shall be stored or refrigerated in compliance with state health standards governing institutional or food establishment operations.  50.17(3)  Dishes, utensils, pans and trays shall be sanitized after use in accordance with state health standards for food establishments or institutions.  50.17(4)  Staff shall serve or supervise the serving of all meals. Food handlers must be clean and free of illness or disease.201—50.18(356, 356A)  Prisoner activities.    50.18(1)    Exercise.  Prisoners held beyond seven days and not leaving the jail pursuant to Iowa Code section 356.26 shall be offered exercise time.  a.  A minimum of two one-hour exercise sessions shall be offered during each full calendar week. Playing board games or cards or reading is recreation and is not considered exercise. A record of exercise sessions shall be maintained according to subrule 50.22(15).  b.  Restrictions. Exercise requirements may be restricted by disciplinary action.  c.  Exercise areas. An exercise area outside the cell shall be available. Such area must provide opportunity for adequate exercise. Corridors and hallways must remain clear of equipment or material and must provide unimpeded access to exits.  d.  Suspension of outdoor exercise. Outdoor exercise may be suspended during inclement weather. Appropriate clothing shall be provided for exercise during winter months.  50.18(2)    Religion.  All prisoners shall be afforded a reasonable opportunity to pursue their religious faith. Any infringement upon the opportunity to pursue one’s faith must further some compelling interest and must be the least restrictive means of furthering that interest.The jail administrator or designee may plan, direct and supervise all aspects of a religious program, including approval and training of both laypersons and clergy persons ministering faiths represented in the prisoner population.  50.18(3)    Reading material.  A reasonable quantity and variety of reading material shall be made available to prisoners.  a.  Access to reading material from an outside source may be restricted to unused material sent directly from the publishing source.  b.  Material deemed to be a threat to security or safety within the jail may be denied distribution.  c.  Obscene material, as described in Iowa Code section 728.1, may be prohibited.  d.  When a prisoner is denied access to a publication, the jail administrator shall inform the prisoner of that denial in writing and shall explain, in writing, the reason(s) for denial.  50.18(4)    Discrimination.  Prisoner activities, programs and services shall be available to prisoners with disabilities.201—50.19(356, 356A)  Communication.    50.19(1)    Prisoner mail.    a.  Prisoners held beyond 24 hours shall be furnished a reasonable amount of writing materials upon request. Jail officials may prohibit a prisoner from corresponding with a person who states in writing that the person does not want to correspond with the prisoner. This does not include a “prior approval” list.  b.  A reasonable amount of postage shall be provided to indigent prisoners held beyond 24 hours for communication with the courts and for at least two letters per week of a personal nature when other means of communication are not available.  c.  General correspondence may be opened and inspected; it may be read for security reasons if the prisoner is notified of this procedure.  d.  Privileged correspondence if so marked may be opened only in the presence of the prisoner and then only to detect the presence of contraband; it may not be read except by the prisoner. Privileged correspondence is defined as incoming and outgoing mail to or from:  (1)  An attorney;  (2)  A judge;  (3)  The governor of Iowa;  (4)  The ombudsman office;  (5)  A member of the state or federal legislature.  e.  Written policy, procedure, and practice require that, excluding weekends and holidays, incoming and outgoing letters be held for no more than 24 hours and packages be held for no more than 48 hours for inspection before delivery to the prisoner or post office.  50.19(2)    Telephone calls upon arrest.    a.  Prisoners shall be permitted telephone access to their family or an attorney, or both, without unnecessary delay after arrest at no charge if made within the local calling area as required by Iowa Code section 804.20.  b.  Policy and procedures shall be developed to govern prisoner telephone calls. The procedure shall provide for the handling of emergency calls.  c.  Prisoners not in segregation status for discipline shall have reasonable access to telephones beyond the requirements of Iowa Code section 804.20.  50.19(3)    Attorneys and ministers.  Attorneys and ministers shall be permitted to visit prisoners upon the request of the prisoner at reasonable hours if security and daily routine are not unduly interrupted.  50.19(4)    General visitation.    a.  All prisoners in normal status shall be allowed reasonable visitation.  b.  Rules shall specify who is allowed to visit and when and how often visitors are allowed.  c.  Jail staff shall document the date and time of visit, name and address of each person visiting, and name of prisoner visited. Computerized logs are acceptable.  d.  A visit may be denied if reasonable suspicion exists that the visit might endanger the security of the facility. A record shall be made of such denial and the reason(s) therefor.  50.19(5)    Detaining non-U.S. citizens.  When non-U.S. citizens are detained, they shall be advised of the right to have their consular officials notified or the nearest consular officials shall be notified of the detention, whichever is required by the Vienna Convention. Consular officials shall be given access to non-U.S. citizens in jail and shall be allowed to provide consular assistance. When a jail administrator becomes aware of the death of a non-U.S. citizen, consular officials shall be notified.Related ARC(s): 3929C201—50.20(356, 356A)  Access to the courts.  Prisoners who do not have an attorney shall have access to the legal materials the jail decides to provide, in order to facilitate the preparation of legal documents that directly or collaterally attack the prisoner’s sentence or that challenge the conditions of the prisoner’s confinement.201—50.21(356, 356A)  Discipline and grievance procedures.    50.21(1)  No prisoner shall be allowed to have authority or disciplinary control over another prisoner.  50.21(2)  The use of physical force by staff shall be restricted to instances of justifiable self-protection, the protection of others or property, the prevention of escapes or the suppression of disorder, and then only to the degree necessary to overcome resistance. Corporal punishment is forbidden.  50.21(3)  The following information shall be made available to all prisoners and explained to any prisoner unable to read English:  a.  A set of rules (including sanctions) and regulations pertaining to the conduct of persons in custody.  b.  What services are available to them.  c.  A prisoner grievance procedure which includes at least one level of appeal. A jail may limit the use of the grievance process in order to make sure that it is not abused.  50.21(4)  Prisoners who have allegedly violated jail rules shall be provided information pertaining to the handling of disciplinary hearings consistent with the due process rights of the accused. This information shall include the following:  a.  Notice of charges and hearing.  b.  A description of the hearing process. The jail policy and procedures manual shall contain the following:  (1)  Written guidelines for resolving minor prisoner infractions which include a written statement of the rule violated and a hearing and decision within seven days, excluding weekends and holidays, by a person not involved in the rule violation. The prisoner may waive the hearing.  (2)  A procedure to refer violations of criminal law to the appropriate criminal justice agency.  (3)  A policy which requires staff members to prepare a disciplinary report and forward it to a designated staff person. Disciplinary reports shall include the following information:
  1. Specific rule(s) violated;
  2. A statement of the charge;
  3. Any unusual prisoner behavior;
  4. Any staff witnesses;
  5. An explanation of the event that includes who was involved, what transpired, and the time and location of the occurrence;
  6. Any physical evidence and its disposition;
  7. Any immediate action taken, including the use of force.
  (4)  A policy that requires an impartial investigation to begin within 24 hours of the time the violation is reported and be completed without unreasonable delay, unless there are exceptional circumstances for delaying the investigation.  (5)  A policy and procedure that provides for prehearing detention of prisoners who are charged with a rule violation. The facility administrator or designee shall review the prisoner’s prehearing status within 72 hours.  (6)  A policy that prisoners charged with a rule violation receive a written statement of the charge(s), including a description of the incident and specific rule(s) violated. The prisoner shall be given the information at least 24 hours prior to the disciplinary hearing. The hearing may be held in less than 24 hours with the written consent of the prisoner.  (7)  A policy and procedure that allows the prisoner to be present at the hearing, unless the prisoner waives that right in writing or is a threat to the security and safety of the facility. Prisoners may be excluded during testimony. Any prisoner’s absence shall be documented.  (8)  A policy that provides for the disciplinary hearing to be conducted no later than seven days, excluding weekends and holidays, following the report of the alleged rule violation.  (9)  A policy that provides for postponement or continuance of the disciplinary hearing for a reasonable period and for good cause. Reasons for postponement or continuance shall be documented.  (10)  A policy and procedure that provides for an impartial person or panel of persons to conduct the disciplinary hearing. A record of the proceedings shall be made and maintained for at least two years.  (11)  A policy and procedure that allows prisoners an opportunity to make a statement and present documentary evidence at the hearing and to call witnesses on their behalf unless calling witnesses creates a threat to the security or safety of the facility. The reasons for denying such a request shall be documented.  (12)  A policy and procedure that allows a staff member or agency representative to assist prisoners at disciplinary hearings. A representative shall be appointed when it is apparent that a prisoner is not capable of collecting and presenting evidence on the prisoner’s own behalf.  (13)  A policy that disciplinary committee decisions are based solely on information obtained in the hearing process.  (14)  A policy and procedure to ensure that a written report is made of the decision and the supporting reasons and that a copy is given to the prisoner. The hearing record and documents shall be kept in the prisoner’s file.  (15)  A policy that requires the jail administrator or designee to review all disciplinary hearings and dispositions to ensure conformity with the jail policy and procedures.
  c.  An explanation of the appeal process. The jail policy and procedure manual shall contain a policy and procedure to advise the prisoner that the prisoner may appeal the decision to the jail administrator or designee within 24 hours. The administrator or designee shall affirm or reverse the decision of the disciplinary committee as soon as possible but within 15 days, excluding weekends and holidays.
  50.21(5)  Deprivation of clothing, bedding, or hygienic supplies shall not be used as discipline or punishment. These items may be withheld from any prisoner who the staff reasonably believes would destroy such items or use them as weapons, for self-injury or to aid in escape.
201—50.22(356, 356A)  Records.  The following records shall be maintained by the jail administrator for two years unless a different period is specified:  50.22(1)    Jail calendar.  This record shall contain information as required by Iowa Code section 356.6.  50.22(2)    Visitor registration.  This record shall contain the name and address of the person visiting; name of prisoner visited; and the date, time and duration of the visit.  50.22(3)    Jail inspection records.  Jail inspection records shall contain the following and be maintained for a minimum period of two years:  a.  Fire marshal’s certificates.  b.  Written reports received from all persons doing official inspections of the jail.  50.22(4)    Medical history intake form.  Notation of injury upon admission shall be included.  50.22(5)    Records of medical care.    50.22(6)    Injury reports.  Copies of all reports of investigations relating to injuries within the facility shall be maintained by the jail administrator in a separate injury file or referenced in the prisoner file by log for a period of five years.  50.22(7)    Disciplinary records.    50.22(8)    Property receipts.  Property receipts as required by Iowa Code section 804.19 shall be completed and distributed as required.  50.22(9)    Menu records.  This record shall include letters of documentation issued by a qualified dietitian.  50.22(10)    Fire and disaster evacuation plan and record(s) of required fire drills.    50.22(11)    Records of staff training.    50.22(12)    Disposition of medication.  A record shall be kept of the disposition of prescribed medication not taken by a prisoner.  50.22(13)    Supervisory checks.  A record shall be made to document all required supervisory checks of prisoners.  50.22(14)    Incident reports.  Records shall be made to document the following:  a.  Use of force;  b.  Suicide/suicide attempts;  c.  Threats to staff, staff assaults, escapes, fires, prisoner abnormal behavior, any verbal or nonverbal references to suicide and self-mutilation.  d.  The state jail inspection unit of the department of corrections shall be notified within 24 hours of any death, attempted suicide, fire, escape, injury to staff or prisoners from assaults, or use of force and prisoner self-injuries. A copy of the investigative reports and other records shall be given to the state jail inspector upon request.  50.22(15)    Exercise documentation.  A record shall be kept relative to date, time and length of exercise periods offered to specific prisoners, cell blocks, tiers, or any other type of cell grouping or housing unit.201—50.23(356, 356A)  Alternative jail facilities.  Rescinded ARC 3929C, IAB 8/1/18, effective 9/5/18; see Delay note at end of chapter. 201—50.24(356, 356A)  Nonsecure holds for juveniles.    50.24(1)    Standards for nonsecure hold areas.  The area to be used to detain the juvenile must be an unlocked area such as a lobby, office or other open room. Additionally, the following minimum procedures must be followed:  a.  The juvenile is not physically secured to any stationary object.  b.  The juvenile is under continuous visual supervision.  c.  The juvenile has access to bathroom facilities.  d.  A meal or meals shall be provided at usual meal times.  50.24(2)    Supervision of juveniles in nonsecure hold.  Juveniles in nonsecure hold status (see Iowa Code sections 232.19(2) and 232.222(2)) shall have continuous visual supervision by a qualified adult. The jail administrator may contract with an outside agency to perform supervisory functions. Persons performing juvenile supervisory functions must:  a.  Be at least 18 years of age.  b.  Have received a physical prior to employment.  c.  Perform at a staff-to-prisoner ratio that will ensure a safe environment for both the juvenile(s) and the staff.  d.  Report any knowledge of child abuse to mandatory child abuse reporters.  e.  Have successfully completed a child abuse and criminal background check.  50.24(3)    Prohibited acts.  Each nonsecure site must develop a policy of posted orders which protects juveniles against neglect; exploitation; degrading punishment such as corporal punishment, verbal abuse, threats, or derogatory remarks about the juvenile or the juvenile’s family; binding or tying to restrict movement; enclosing the juvenile in a confined space such as a closet, locked room, or similar cubicle; and deprivation of meals.  50.24(4)    Attendant nonsecure area operating procedures.    a.  Attendant shall make certain the juvenile is aware of the policies of the nonsecure holding area.  b.  The personal effects of the juvenile shall be placed in a safe, secure place. A property receipt shall be issued to the juvenile.  c.  All items given to the juvenile are subject to being searched.  d.  Attendant shall pat search juvenile.  50.24(5)    Care and treatment.    a.    Medical.    (1)  No juvenile shall be held who is obviously injured, is obviously physically or mentally ill, or in the judgment of the arresting officer is under the influence of drugs or intoxicated from the use of alcohol to the point of needing medical attention without first being examined by a medical practitioner.  (2)  In an emergency situation or when the juvenile is suffering severe pain or is in danger of loss of life or permanent injury, medical treatment may be administered without parental consent. When none of the above situations exist, parental consent or judicial concurrence must be made before providing medical treatment.  (3)  Juveniles suspected of having a contagious or communicable disease shall be isolated from other juveniles.  (4)  There shall be at least one person on duty in the jail supervising the nonsecure hold area who is trained in multimedia first aid and CPR.  (5)  First-aid kits shall be immediately available.  (6)  Any person providing medication shall be trained in the procedure of providing medication.  (7)  As part of the admission procedure, a medical history intake form shall be completed. As part of this procedure, an attempt will be made to determine if the juvenile is suicidal by observing behavior and looking for marks or scars which would indicate previous suicide attempts.  (8)  There shall be written policies or procedures pertaining to providing medication.  (9)  All medication shall be stored according to state pharmaceutical standards and written inventory control maintained. The inventory shall include the starting number of pills, when pills were provided and by whom, the remaining number of pills at the time the juvenile left the jail, the disposition of the remaining pills, and a staff witness to the disposition of the pills.  (10)  Special diets as prescribed by a physician shall be followed and documented.  (11)  When a special diet is required for an individual due to a bona fide religious belief, the jail shall meet that need.  b.    Communications.    (1)  Juveniles shall be permitted, at no charge, telephone access to their family or an attorney, or both, without unnecessary delay after being taken into custody. Once family or attorney has been contacted, the number of additional calls, if any, will be determined by attendant.  (2)  Attorneys and ministers shall be permitted to visit upon request when such visiting will not disrupt security or daily routines of the jail. Determination of additional visits shall be made by attendant.  c.    Safety and sanitation.    (1)  Walls, floors, and ceiling shall be well maintained.  (2)  Facility shall be maintained in a pest-free condition.  (3)  Clean bedding, including sheets, blankets, and pillowcases, shall be issued to each juvenile who wishes to sleep between the hours of 9 p.m.and 7 a.m.  (4)  Soiled clothing which may affect the health of the juvenile shall be exchanged for clean, jail-provided clothing.  (5)  An emergency evacuation plan must be conspicuously posted.  (6)  There shall not be less than one AA-ABC fire extinguisher in operable condition for each 3,000 square feet of facility on any given floor of the building.  (7)  All exits shall be equipped with independent emergency lighting.  (8)  Where exits are not immediately accessible from an open floor area, safe and continuous passage aisles or corridors leading directly to every exit shall be maintained and shall be so arranged as to provide access for each juvenile to at least two separate and distinct exits from each floor. A locked exit may be classified as an emergency exit only if necessary keys to locked doors are on the person of the attendant. Elevators shall not be counted as required exits.  (9)  A means of fire detection utilizing equipment of a type tested and approved by Underwriters Laboratories shall be installed and maintained in operational condition according to the factory manual. These alarms shall be ceiling-mounted and of such construction to continue in operation during power failure. Alarms shall be tested on at least a monthly basis. Such test shall be documented.  (10)  Only fire-resistant mattresses and pillows approved by the state fire marshal’s office shall be used.  d.    Staff training requirements.    (1)  Attendants shall be knowledgeable of jail policies and procedures pertaining to juvenile nonsecure holds, and acknowledgment of this shall be made by attendant’s dated signature.  (2)  Nonsecure hold attendants shall have received instruction in the following areas prior to supervising juveniles in a nonsecure holding area:
  1. Role of nonsecure hold attendant.
  2. Confidentiality issues.
  3. Intake procedures—medical and suicide screening.
  4. Communication and listening skills.
  5. Dealing with a depressed or suicidal juvenile.
  6. Overview of state and federal law.
  7. Provision of medication.
  8. Gentle self-defense.
  9. Child abuse identification.
  e.    Juvenile supervision.    (1)  An attendant shall be in the presence of all juveniles held at all times. Same-sex attendant or staff shall be present when juveniles perform bodily functions/shower.  (2)  A log shall be maintained at half-hour intervals reflecting the juvenile’s activities and behavior.  f.    Records.  The following records shall be maintained by the jail for a period of at least two years:  (1)  Medical history intake form.  (2)  Records of medical care.  (3)  Injury reports.  (4)  Food served.  (5)  Records of staff training.  (6)  Disposition of medication.  (7)  Individual log.  (8)  Any use of force reports.  (9)  Any suicide or suicide attempts reports.  g.    Incident reports.  Reports of the following incidents shall be sent to the state jail inspection unit, department of corrections, within 24 hours of incident:  (1)  Any injury to juvenile or staff that requires medical attention.  (2)  Any use of force by staff.  (3)  Any attempted suicide.The state jail inspection unit, department of corrections, shall be notified within five hours of any successful juvenile suicide that occurred in a nonsecure hold area.
  50.24(6)    Exemption from nonsecure hold standards.  Any requests for exemption from nonsecure hold standards shall be submitted according to the waiver and variance provisions under 201—Chapter 7, Iowa Administrative Code.
201—50.25(356, 356A)  Direct supervision jails.  Direct supervision jails, in addition to the preceding rules, are subject to the following rules:  50.25(1)  There may be contact of different classifications of prisoners in a common activity area only while the prisoners are under continuous direct supervision with the exception of:  a.  Persons of whom violence is reasonably anticipated. (50.13(1)“d”(1))  b.  Persons who are a health risk. (50.13(1)“d”(2))  c.  Persons of whom sexually deviant behavior is reasonably anticipated. (50.13(1)“d”(3))  d.  Persons under the age of 18 (Iowa Code section 356.3). Persons charged in adult court with a forcible felony are to be separated whenever possible.  50.25(2)  There shall be separate and distinct staff persons in the jail at all times to perform the following duties:  a.  Provide central control or lock doors into or out of the housing unit.  b.  Provide direct supervision of prisoners in the housing unit. During hours of lockdown, prisoner checks may be done hourly and documented. Prisoners must be physically observed during these checks.  c.  Provide emergency backup to the supervision officer as a priority of assigned duties.  50.25(3)  Prisoners classified as maximum security may not be allowed into areas occupied by other prisoners at any time. Maximum security prisoners may be required to exercise or perform other activities in a group with other maximum security prisoners only. Facility staff must weigh the potential for violence prior to admitting any maximum security prisoner into a group.  50.25(4)  The housing unit shall not exceed its rated capacity.  50.25(5)  Whenever prisoners are not locked down, there shall be sufficient lighting in all areas of living units and activity areas to allow full observation by staff.  50.25(6)  Prisoners assigned to one living unit shall not be allowed to enter a different living unit except when permitted to share activities.  50.25(7)  Any agency utilizing a direct supervision mode of prisoner management shall ensure that, before accepting prisoners, jail staff shall receive appropriate training in the following areas:  a.  Philosophy of direct supervision.  b.  Techniques of effective supervision and leadership.  c.  Decision-making techniques.  d.  Crisis intervention techniques.  e.  Effective communication techniques.  f.  Classification and evaluation techniques for direct supervision jails.The training mandated by this chapter is required in addition to the above-listed training requisites.  50.25(8)  There shall be a classification system developed which shall include an initial classification determination and an ongoing evaluation of the classification status. This system shall include, but not be limited to, the following considerations:  a.  Individual’s criminal history.  b.  Individual’s present behavior.  c.  Individual’s present charge.  d.  Health.  e.  Potential for violence.  f.  Sexual deviation.  g.  Self-harm or suicide potential.  h.  Mental and physical maturity relative to personnel safety.  i.  Previous behavior in other institutional settings.  j.  Noticeable changes in attitude.  50.25(9)  Programming (books, television, work, treatment) shall be available to reduce prisoner idleness. Subjects referred to within the parentheses are illustrative and not inclusive.  50.25(10)  Each officer assigned to a housing unit shall have a mechanical or electronic means on the officer’s person to summon assistance in times of emergency.  50.25(11)  Supervision checks as required by paragraph 50.13(2)“a” will continue to be required and documented. CCTV shall not be used for supervision checks. During those periods when prisoners are out of their cells and in full view of staff, supervisory checks need not be conducted. Supervisory checks will be made when prisoners are allowed in their individual cells.  50.25(12)  All incoming prisoners must be thoroughly oriented to expectations, rules, and routines of the jail. All such orientation must be documented.  50.25(13)  Policies and procedures shall be developed by the sheriff or designee for the operation of the jail. These policies and procedures shall reflect the rules for direct supervision jails as delineated in this chapter. All staff shall be knowledgeable of and have access to the policy manual and shall receive training in the implementation of said policies and procedures prior to being assigned as a housing unit officer. The sole remedy for breach of these rules is by a proceeding for compliance initiated by request from the department of corrections. The violation of any rule shall not be construed to permit any civil action to recover damages against the state of Iowa, its departments, agents or employees or any county, its agencies or employees.These rules are intended to implement Iowa Code sections 80B.11A, 356.36, and 356.43 and chapter 356A.
Related ARC(s): 9578B, 3929C