Bulletin 05-23-2018

Front matter not included
ARC 3806CCorrections Department[201]Notice of Intended Action

Proposing rule making related to policies and procedures and providing an opportunity for public comment

    The Corrections Department hereby proposes to amend Chapter 1, “Departmental Organization and Procedures,” Chapter 5, “Public Records and Fair Information Practices,” Chapter 10, “Rule Making,” Chapter 11, “Declaratory Rulings,” Chapter 20, “Institutions Administration,” Chapter 38, “Sex Offender Management and Treatment,” Chapter 40, “Community-Based Corrections Administration,” Chapter 41, “Preconviction Service,” Chapter 42, “Probation Services,” Chapter 43, “Residential Facilities,” Chapter 44, “Work Release,” Chapter 45, “Parole,” Chapter 47, “OWI Programs,” Chapter 50, “Jail Facilities,” and Chapter 51, “Temporary Holding Facilities,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 356.36, 903B.10, 904.108 and 905.7.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapters 356A, 692A, 901, 902, 903, 903B, 904, 905, 907, 908 and 910 and Iowa Code sections 17A.3, 17A.4, 17A.6, 17A.7, 17A.9, 22.11, 80B.11A, 356.36, 356.43, 903B.10 to 904.108, 904.508A, 904.513, 904.909, 905.7, 905.14, 906.9 to 906.11, 906.15, 906.16, 907.3, 908.1, 908.2, 908.8, 908.11 and 910.5.Purpose and Summary    All of the Department’s rules were reviewed as part of the comprehensive five-year review required under Iowa Code section 17A.7.  These proposed amendments are designed to eliminate outdated or redundant rules, update Iowa Code language and eliminate any rules that are inconsistent or incompatible with statutes or other rules.  The proposed amendments also reflect changes to conform the rules to current, more efficient, practices.    The proposed amendments to Chapter 1 reflect the Department’s new mission and the revision of the Department’s internal structure.    The proposed amendments to Chapter 5 reflect changes to the process for records requests and treatment of confidential records/information.    The proposed amendments to Chapters 10 and 11 are nonsubstantive corrections of the address of the Iowa Department of Corrections from “420 Watson Powell Jr. Way, Des Moines, Iowa 50309” to the current address “510 East 12th Street, Des Moines, Iowa 50319.”    The proposed amendments to Chapter 20 make nonsubstantive corrections, which include changing the term “offender” to “incarcerated individual” and removing the word “superintendent” because the Department has only wardens with the closing of the mental health institutes. The proposed amendments to Chapter 20 also make changes to outdated security procedures and outdated sanctions for visitors.    The proposed amendments to Chapter 38 reflect changes to the risk assessment instruments used on sex offenders. The proposed amendments to Chapter 38 also make a nonsubstantive change from the designated term “offender” to “client.”    The proposed amendments to Chapter 40 reflect changes to definitions, accreditation for community-based corrections, the carrying of firearms by staff and other nonsubstantive updates.    The proposed amendments to Chapter 41 reflect nonsubstantive changes to pretrial services and to clarifying factors to be used for presentence investigations.    The proposed amendments to Chapter 42 reflect nonsubstantive changes to probation services, including updating old terminology and clarifying language on infectious diseases.    The proposed amendments to Chapter 43 reflect clarifying changes regarding residential facilities on admission, the federal Prison Rape Elimination Act (PREA), infectious disease, and risk needs assessment instruments.        The proposed amendments to Chapter 44 reflect changes to work release facility requirements, contagious disease, admission, records, personnel health statements, and PREA and remove outdated risk assessment instruments.    The proposed amendments to Chapter 45 reflect changes to effective date/parole agreements, conditions of parole, and violations. These amendments also remove outdated risk assessment instruments and outdated prison language, add clarifying language on infectious disease and change the term “offender” to “client.”    The proposed amendments to Chapter 47 reflect changes to OWI facilities and to PREA, remove references to the American Corrections Association, and change the term “offender” to “client.”    The proposed amendments to Chapter 50 remove inspection of residential facilities, add clarifying language on prisoner mail, and make a nonsubstantive correction to change the name “Citizen’s Aide Office” to “Ombudsman Office.”    The proposed amendment to Chapter 51 removes the inspection of residential facilities and adds clarifying language on detainee mail.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any, pursuant to 201—Chapter 7.Public Comment     Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Department no later than 4:30 p.m. on June 12, 2018. Comments should be directed to:Michael Savala, General CounselDepartment of Corrections Jessie Parker Building510 East 12th StreetDes Moines, Iowa 50319Email: michael.savala@iowa.govPublic Hearing    A public hearing at which persons may present their views orally or in writing will be held as follows:June 12, 2018Department of Corrections 11 a.m. to 1 p.m. Jessie Parker BuildingConference Room 510510 East 12th StreetDes Moines, Iowa 50319    Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.     Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Department and advise of specific needs. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

    ITEM 1.    Amend rule 201—1.1(904), definition of “Deputy director,” as follows:        "Deputy director" means the administrator who is appointed by the director and is responsible for an operational division within the department of corrections. The fivefour operational divisions are administration, eastern operations, western operations, offender servicesinstitutional operations, community-based corrections, and prison industries.

    ITEM 2.    Amend rule 201—1.2(904) as follows:

201—1.2(904) Mission and function.  The department of corrections is mandated by Iowa Code chapter 904 and consists of a policy board, a director and fivefour operational divisions.The mission of the department of corrections is to protect the public, the employees, and the offenderscreating opportunities for safer communities.The department is charged with the operation of the state’s penal institutions, judicial district department of corrections programs, prison industries, corrections administration, and contracting with the judicial district departments of correctional services for community correctional services. It is further charged with accreditation and funding of community-based corrections programs, including but not limited to pretrial release, presentence investigation, probation, parole, residential facilities, work release centers and other duties provided for by law.

    ITEM 3.    Amend subrule 1.3(3), office contact information, as follows:Anamosa State PenitentiaryIowa Medical and Classification Center406 North High Street, Box 10Box A - Highway 9652700 Coral Ridge AvenueAnamosa, IA 52205Oakdale, IA 52319Coralville, IA 52241(319)462-3504(319)626-2391(319)462-4962 Fax(319)626-2141 FaxMt. Pleasant Correctional FacilityIowa State Penitentiary1200 East Washington3 John Bennett Drive, Box 3162111 330th Avenue, P.O. Box 316Mt. Pleasant, IA 52641Fort Madison, IA 52627(319)385-9511(319)372-5432(319)385-8828 Fax(319)372-6967 FaxNorth Central Correctional FacilityIowa Correctional Institution for Women313 Lanedale300 Elm Ave. SW, P.O. Box 700420 Mill Street SWRockwell City, IA 50579Mitchellville, IA 50169(712)297-7521(515)967-4236(712)297-7875 Fax(515)967-5347 FaxClarinda Correctional FacilityFirst Judicial District, DCS2000 N. 16th Street, Box 1338314 East Sixth Street, P.O. Box 4030Clarinda, IA 51362Waterloo, IA 50704-4030(712)542-5634/5635(319)236-9626(712)542-4844 Fax(319)291-3947 FaxSecond Judicial District, DCSThird Judicial District, DCS510 Fifth Street, P.O. Box 623509 Main Street, Suite 200515 Water StreetAmes, IA 50010-0623Sioux City, IA 51103(515)232-1511(712)252-0590(515)232-9453 Fax(712)252-0634 FaxFourth Judicial District, DCSFifth Judicial District, DCS801810 South Tenth Street604 Locust Street, Equitable Bldg., Suite 3171000 Washington StreetCouncil Bluffs, IA 51501Des Moines, IA 5030950314(712)325-4943(515)280-4220242-6611(712)325-0312 Fax(515)280-4259242-6656 Fax

    ITEM 4.    Amend rule 201—1.4(904) as follows:

201—1.4(904) Internet Web sitewebsite.  The department’s Internet home page is located at http://www.doc.state.ia.uswww.doc.iowa.gov.

    ITEM 5.    Amend subrule 1.6(8) as follows:    1.6(8)   The board shall:    a.    Oversee the work of the departmentas defined in Iowa Code section 904.105 and, for this purpose, itthe board shall have access at any time to all books, papers, documents and records of the department.    b.    Report to the governor and the general assembly recommendations regarding the activities of the department when necessary.

    ITEM 6.    Amend rule 201—1.7(904) as follows:

201—1.7(904) Director.  The governor appoints the director of the department of corrections. The director is responsible for the daily administration of the department. The operations are performed by fivefour divisions consisting of easterninstitutional operations, western operationscommunity-based corrections (CBC), administration,and prison industries, and offender services. The deputy directors of these divisions report to the director of the department.In addition to the deputy directors, the general counsel/inspector general, the director of media and public relations,the director of research/recidivism reduction, and the director of training and professional developmentmedical services director report to the director of the department.    1.7(1)   The appointment and qualifications of the director are mandated in Iowa Code section 904.107.    1.7(2)   Duties of the director are prescribed in Iowa Code section 904.108.    1.7(3)   The director shall have the authority to place on notice intended administrative action pursuant to Iowa Code chapter 17A by approval of the board of corrections. A report listing all rules placed under notice during the previous month shall be submitted to the board of corrections at its regular meeting for review. The board of corrections shall review and shall adopt rules following the period of public comment.

    ITEM 7.    Amend rule 201—1.8(904) as follows:

201—1.8(904) Organization of the department.      1.8(1)   The two regional deputy directors aredirector of institutional operations is responsible for the followingall institutions and facilities and for liaison with the following judicial district departments of correctional services, which are generally described herein. These descriptions are in no way binding on the director’s authority to transfer offendersincarcerated individuals between institutions.    a.    Regional deputyDeputy director for easternof institutional operations:    (1)   The Iowa state penitentiary, Fort Madison.
  1. John Bennett facility, Fort Madison.
  2. Prison farms, Fort Madison.
  3. Clinical care unit, which is a special needs unit.
    (2)   The Anamosa state penitentiary, Anamosa.
  1. Luster Heights camp, Harpers Ferry, which is a conservation commission camp administered by the Anamosa state penitentiary at Anamosa.
  2. Reserved.
    (3)   The Iowa medical and classification center, OakdaleCoralville.    (4)   Mount Pleasant correctional facility, Mount Pleasant.    (5)   The first judicial district department of correctional servicesThe Iowa correctional institution for women, Mitchellville.    (6)   The sixth judicial district department of correctional servicesThe Clarinda correctional facility, Clarinda.    (7)   The seventh judicial district department of correctional servicesThe north central correctional facility, Rockwell City.    (8)   The eighth judicial district department of correctional servicesThe Newton correctional facility, Newton.    (9)   The correctional release center, Newton.
    b.    Regional deputy director for western operations:    (1)   The Iowa correctional institution for women at Mitchellville.    (2)   The Clarinda correctional facility, Clarinda.    (3)   The north central correctional facility, Rockwell City.    (4)   The Newton correctional facility, Newton.    (5)   The correctional release center, Newton.    (6)   The Fort Dodge correctional facility, Fort Dodge.    (7)   The second judicial district department of correctional services.    (8)   The third judicial district department of correctional services.    (9)   The fourth judicial district department of correctional services.    (10)   The fifth judicial district department of correctional services.
    1.8(2)   The two regional deputy directors:The deputy director of CBC:    a.    Shall be responsible for the following service areas:Is responsible for supervising and coordinating of Code of Iowa requirements as they apply to the judicial district department of correctional services for all eight judicial districts to include:    (1)   Contracting with the eight judicial district departments of correctional services for work release centers.    (2)   Contracting with the eight judicial district departments of correctional services for parole services.    (3)   Providing coordinated placement of work releasees and parolees with the district departments upon order of the Iowa board of parole.    (1)   The first judicial district department of correctional services.    (2)   The second judicial district department of correctional services.    (3)   The third judicial district department of correctional services.    (4)   The fourth judicial district department of correctional services.    (5)   The fifth judicial district department of correctional services.    (6)   The sixth judicial district department of correctional services.    (7)   The seventh judicial district department of correctional services.    (8)   The eighth judicial district department of correctional services.    b.    Shall further provideIs responsible for providing assistance and support to the judicial district departments of correctional services and for periodic review and accreditation of these programs. The following services shall be provided in addition to parole and work release:    (1)   Pretrial interviews.    (2)   Pretrial supervision.    (3)   Presentence investigation.    (4)   Probation.    (5)   Residential services.    (6)   Community service sentencing.    (7)   OWI facilities.    c.    Is responsible for programming for and treatment of incarcerated individuals to include the following:    (1)   Interstate compact administration.    (2)   Substance abuse treatment services.    (3)   Cognitive learning.    (4)   Batterers’ education programs.    (5)   Sex offender treatment.    (6)   Preemployment programs.    1.8(3)   The deputy directorfiscal manager for the division of administration shall be responsible for the following:    a.    Budget development and control.    b.    Personnel.    c.    Accountable government oversight.    d.    Planning and development.    e.    General administrative support.    f.    Fiscal policy and procedures.    g.    Engineering.    h.    Data processing.    1.8(4)   The deputy director for prison industries shall be responsible for the following:    a.    The manufacturing/service/purchasing operations.    b.    The activities and programs of the sales manager and territorial sales staff of Iowa prison industries.    c.    The budget, income and expense forecasts and financial record keeping/reporting required to operate Iowa prison industries as a self-supporting activity.    d.    Private sector employment.    e.    Farms.    f.    Centralized canteen.    g.    State and federal surplus.    1.8(5)   The deputy director for offender services shall be responsible for the following services within the department of corrections and for providing assistance to the judicial district departments of correctional services:The director of research/recidivism reduction shall be responsible for the following:    a.    Offender classification.Learning center.    b.    Interstate compact administration.Research department.    c.    Offender records.    d.    Offender transfers.    e.    Program development.    f.    Substance abuse treatment services.    g.    Cognitive learning.    h.    Batterers’ education programs.    i.    Sex offender treatment.    j.    Offender education programs.    k.    Offender preemployment programs.    1.8(6)   The general counsel/inspector general shall be responsible for the following:    a.    Legal services.    b.    Coordination of court orders.    c.    Investigations.    d.    EEO/AA.    e.    Administrative law judges.    f.    Jail inspections.    g.    PolicyLegislative program.    h.    Administrative rules.    1.8(7)   The director of media and public relations shall be responsible for the following:    a.    Providing public information to constituency groups and the media.    b.    Facilitating internal communications in the department.    c.    Supervising the office of victims and restorative justice.    1.8(8)   The director of training and professional developmentmedical services director shall be responsible for the following:    a.    Comprehensive oversight of the development, implementation and review of the department’s agencywide staff development training.Institutional medical services.    b.    Training policies/plans including implementation, curriculum approval, program/policy audit, and evaluation.Central pharmacy.

    ITEM 8.    Adopt the following new definitions in rule 201—5.1(17A,22):        "Custodian" means an agency or a person lawfully delegated authority by the agency to act for the agency in implementing Iowa Code chapter 22.        "Personally identifiable information" means information about or pertaining to an individual in a record which identifies the individual and which is contained in a record system.        "Record" means the whole or a part of a public record, as defined in Iowa Code section 22.1, that is owned by or in the physical possession of this agency.        "Record system" means any group of records, under the control of the agency, from which a record may be retrieved by a personal identifier, such as the name of an individual, number, symbol, or other unique retriever assigned to an individual.

    ITEM 9.    Amend subrule 5.3(1) as follows:    5.3(1) Location of record.  A request for access to a record should be directed to the office where the record is kept:    a.    Records of current inmates are maintained at the inmates’ place of confinement. Such requests should be directed to the Records Office at:    Iowa State Men’s ReformatoryAnamosa State PenitentiaryBox B406 North High StreetAnamosa, Iowa 52205(319)462-3504    Mount Pleasant Correctional FacilityMedium Security Unit1200 East WashingtonMount Pleasant, Iowa 52641(319)385-9511    Clarinda Correctional FacilityBox 13382000 N. 16th StreetClarinda, Iowa 51632(712)542-5634    Correctional Release CenterNewton Correctional Facility307 S. 60th Avenue W,Box 218Newton, Iowa 50208(515)792-7552    Iowa State Penitentiary31 Avenue G2111 330th AvenueP.O. Box 316Fort Madison, Iowa 52627(319)372-5432    Iowa Medical and Classification CenterBox A2700 Coral Ridge AvenueOakdale, Iowa 52319Coralville, IA 52241(319)626-2391    Iowa Correctional Institution for Women300 Elm Avenue, S.W.P.O. Box 700420 Mill Street SWMitchellville, Iowa 50169(515)967-4236    North Central Correctional FacilityP. O. Box 313,313 LanedaleRockwell City, Iowa 50579(712)297-7521    Fort Dodge Correctional Facility1550 L StreetFort Dodge, IA 50501(515)574-4700If the requester does not know the current place of confinement, the request for a record should be directed to the Iowa Medical and Classification Center as previously listed.    b.    Records of former inmatesincarcerated individuals and other individuals served by the department’s division of institutions should be directed to records office at the Iowa Medical and Classification Center as previously listed.    c.    Requests for other records, including administration or operation, should be directed to the Director, Department of Corrections, Capitol Annex, East 12th and Des Moines StreetsJessie Parker Building,510 East 12th Street, Des Moines, Iowa 50319, (515)281-4811(515)725-5701.

    ITEM 10.    Adopt the following new subrules 5.3(5) and 5.3(6):    5 5.3 3(5) Security of record.  No person may, without permission from the custodian, search or remove any record from agency files. The examination and copying of agency records shall be supervised by the custodian or a designee of the custodian. Records shall be protected from damage and disorganization.    5 5.3 3(6) Copying.  A reasonable number of copies of an open record may be made in the agency’s office. If photocopy equipment is not available in the agency’s office where an open record is kept, the custodian shall permit examination of the record in that office and shall arrange to have copies promptly made elsewhere.

    ITEM 11.    Amend subrule 5.3(7) as follows:    5.3(7) Fees.      a.    When charged.The agency may charge fees in connection with the examination or copying of records only if the fees are authorized by law. To the extent permitted by applicable provisions of law, the payment of fees may be waived when the imposition of fees is inequitable or when a waiver is in the public interest.    b.    Copying and postage costs.Price schedules for published materials and for photocopies of records supplied by the agency shall be prominently posted in agency offices. Copies of records may be made by or for members of the public on agency photocopy machines or from electronic storage systems at cost as determined and posted in agency offices by the custodian. When the mailing of copies of records is requested, the actual cost of such mailing may also be charged to the requester.    c.    Supervisory fee.An hourly fee may be charged for actual agency expenses in supervising the examination and copying of requested records when the supervision time required is in excess of five minutes. The custodian shall prominently post in agency offices the hourly fees to be charged for supervision of records during examination and copying. That hourly fee shall not be in excess of the hourly wage of an agency employee who ordinarily would be appropriate and suitable to perform this supervisory function.    d.    Advance deposits.    (1)   When the estimated total fee chargeable under this subrule exceeds $25, the custodian may require a requester to make an advance payment to cover all or a part of the estimated fee.    (2)   When a requester has previously failed to pay a fee chargeable under this subrule, the custodian may require advance payment of the full amount of any estimated fee before the custodian processes a new request from that requester.

    ITEM 12.    Adopt the following new rule 201—5.4(17A,22):

201—5.4(17A,22) Access to confidential records.  Pursuant to Iowa Code section 22.7 or other applicable provisions of law, the lawful custodian may disclose certain confidential records to one or more members of the public. Other provisions of law authorize or require the custodian to release specified confidential records under certain circumstances or to particular persons. In requesting the custodian to permit the examination and copying of such a confidential record, the following procedures apply and are in addition to those specified for requests for access to records in Iowa Code section 904.602.    5.4(1) Proof of identity.  A person requesting access to a confidential record may be required to provide proof of identity or authority to secure access to the record.    5.4(2) Requests.  The custodian may require a request to examine and copy a confidential record to be in writing. A person requesting access to such a record may be required to sign a certified statement or affidavit enumerating the specific reasons justifying access to the confidential record and to provide any proof necessary to establish relevant facts.    5.4(3) Notice to subject of record and opportunity to obtain injunction.  After the custodian receives a request for access to a confidential record, and before the custodian releases such a record, the custodian may make reasonable efforts to notify promptly any person who is a subject of that record, is identified in that record, and whose address or telephone number is contained in that record. To the extent such a delay is practicable and in the public interest, the custodian may give the subject of such a confidential record to whom notification is transmitted a reasonable opportunity to seek an injunction under Iowa Code section 22.8, and indicate to the subject of the record the specific period of time during which disclosure will be delayed for that purpose.    5.4(4) Request denied.  When the custodian denies a request for access to a confidential record, the custodian shall promptly notify the requester. If the requester indicates to the custodian that a written notification of the denial is desired, the custodian shall promptly provide such a notification that is signed by the custodian and that includes:    a.    The name and title or position of the custodian responsible for the denial; and    b.    A citation to the provision of law vesting authority in the custodian to deny disclosure of the record and a brief statement of the reasons for the denial to this requester.    5.4(5) Request granted.  When the custodian grants a request for access to a confidential record to a particular person, the custodian shall notify that person and indicate any lawful restrictions imposed by the custodian on that person’s examination and copying of the record.

    ITEM 13.    Amend rule 201—5.14(17A,22) as follows:

201—5.14(17A,22) Personally identifiable information.      5.14(1)   This rule describes the nature and extent of personally identifiable information which is collected, maintained, and retrieved by the agency by personal identifier in record systems as defined in this rule. For each record system, this rule describes the legal authority for the collection of that information, the means of storage of that information and indicates whether a data processing system matches, collates, or permits the comparison of personally identifiable information in one record system with personally identifiable information in another record system.    5.14(2)   The type of record. Disclosures are in accordance with the following code:CODEMEANINGOThe records are open for public inspection.CThe records are confidential and are not open to public inspection.DThe department has discretion whether to allow public inspection of the record when the record contains information that is partially open or partially confidential.    5.14(3)   The records systems maintained by the department are:    a.    Director’s officeDescription of Record    Type ofRecord    LegalAuthorityStorageComparison1.Bd. Mtg. MinutesO,D22, 904    Hard CopyAutomatedFull2.InmateIncarcerated Individual Corres.O,C,D904Hard CopyN/A3.Business Corres.O,C22,904    Hard CopyAutomatedPartial4.General Corres.O904    Hard CopyAutomatedPartial5.InvestigationsC904Hard CopyN/A6.Incident ReportsC904Hard CopyN/A7.Press ReleasesO904    Hard CopyAutomatedN/A    b.    InstitutionsDescription of RecordType of Record    LegalAuthorityStorageComparison1.InmateIncarcerated Individual Records    a. Demographic Data/Action SectionO,C,D904    Hard CopyAutomatedPartialFullb. Admission DocumentsC,D904    Hard CopyAutomatedN/A    c. Classification and Release DocumentsO,C,D904    Hard CopyAutomatedPartialFulld. Time ComputationO,C,D904    Hard CopyAutomatedPartialFulle. Clinical and MedicalO,C,D904    Hard CopyAutomatedPartialFullf. Correspondence and VisitingO,C904    Hard CopyAutomatedPartialFullg. Legal DocumentsO,C904    Hard CopyAutomatedPartialFull2.InmateIncarcerated Individual AccountsO,C, D904    Hard CopyAutomatedPartialFull3.Security Recordsa. Disciplinary RecordsO,C904    Hard CopyAutomatedPartialFullb. Segregation LogsC904Hard CopyN/Ac. Housing Unit LogsC904Hard CopyN/Ad. Incident ReportsC904    Hard CopyAutomatedN/A4.Contracts and AgreementsO    312,315,    313318904Hard CopyN/A5.VolunteersD904Hard CopyN/A6.Staff TrainingO,C904    Hard CopyAutomatedPartialFull7.InmateIncarcerated Individual MovementO904    Hard CopyAutomatedN/A8.Meeting MinutesD22,904    Hard CopyAutomatedFull9.Lawsuits and Attorney Corres.C22,904Hard CopyN/A10.Library RecordsD904Hard CopyN/A11.Education and Vocation RecordsC904    Hard CopyAutomatedPartialFull12.Press ReleasesO904    Hard CopyAutomatedN/A13.InmateIncarcerated Individual GrievancesC904    Hard CopyAutomatedPartialFull14.MiscellaneousO904    Hard CopyAutomatedPartialFull    c.    CommunityCommunity-Based Corrections - Interstate CompactDescription of RecordType    LegalAuthorityStorageComparisonInterstate Compact    HardAuto- matedI.Parole/Probation Supervision904.602A. Investigation RequestsO,C,D904.602    HardAuto- matedPartialFullB. AcceptanceC,D904.602HardAuto- matedPartialFullC. RejectionC,D904.602    HardAuto- matedPartialFullD. ProgressC,D904.602HardN/AE. ViolationsC,D904.602    HardAuto- matedPartialFullF. Discharge RequestC,D904.602HardN/AG. Other ClosuresC,D904.602    HardAuto- matedPartialFullPresentence Investigation RequestH. Presentence InvestigationC904.602HardN/AAbsconder TrackingI. Parole ViolatorsO,C,D904.602    HardAuto- matedPartialFull    J. Miscellaneous Reports and CorrespondenceO,C,D904.602HardN/AII.    Parole/Probation/Pretrial/Presentence/ResidentialA. ClassificationO,C,D904.602    HardAuto- matedPartialFullB. Status ReportsO,C,D904.602    HardAuto- matedPartialFullC. Charge/DispositionO,C,D904.602    HardAuto- matedPartialFullIII.Work ReleaseA. Progress ReportsC,D904.602HardAuto- matedN/AFullB. Violation ReportsC,D904.602HardAuto- matedN/AFullC. Discharge ReportsC,D904.602HardAuto- matedN/AFullD. Disciplinary RecordsO,C904.602HardAuto- matedN/AFullE. Time ComputationO,C,D904.602HardAuto- matedN/AFullF. Legal DocumentsO,C    904.602HardAuto- matedN/AFullG. Incident ReportsC904.602HardAuto- matedN/AFull    H. Demographic Data/Action SectionO,C,D904.602    HardAuto- matedPartialFullI. Admission DocumentsC,D904.602    HardAuto- matedN/A    J. Classification and Release DocumentsO,C,D904.602HardPartialFullK. Clinical and MedicalO,C,D904.602HardN/AL. Correspondence and VisitingO, C904.602HardPartialFullIV.Client ComplaintsC904.602HardN/AV.Jail InspectionsO,C,D904.602HardAuto- matedN/AFull    d.    Iowa state industriesDescription of Record    Type ofRecord    LegalAuthorityStorageComparison1.Customer Lists     C22, 904    Hard CopyAutomatedPartialFull2.    Formulas, Mixture and SpecialDesigns     C22, 904Hard CopyN/A3.    Unaudited Monthly Balance Sheetsand Income Statements     C22, 904    Hard CopyAutomatedPartialFull4.Cost Calculations for Sealed Bids     C22, 904Hard CopyN/AFull5.Yearly AuditsO22, 904Hard CopyN/AFull    5.14(4) Litigation files.  These files or records contain information regarding litigation or anticipated litigation, which includes judicial and administrative proceedings. The records include briefs, depositions, docket sheets, documents, correspondence, attorneys’ notes, memoranda, research materials, witness information, investigation materials, information compiled under the direction of the attorney, and case management records. The files contain materials which are confidential as attorney work product and attorney-client communications. Some materials are confidential under other applicable provisions of law or because of a court order. Persons wishing copies of pleadings and other documents filed in litigation should obtain these from the clerk of the appropriate court which maintains the official copy.    5.14(5) Personnel files.  The agency maintains files containing information about employees, families and dependents, and applicants for positions with the agency. The files include payroll records, biographical information, medical information relating to disability, performance reviews and evaluations, disciplinary information, information required for tax withholding, information concerning employee benefits, affirmative action reports, and other information concerning the employer-employee relationship. Some of this information is confidential under Iowa Code section 22.7(11).

    ITEM 14.    Amend rule 201—10.3(17A) as follows:

201—10.3(17A) Copies of proposed rules.  A trade or occupational association, which has registered its name and address with the department of corrections, may receive, by mail, copies of proposed rules. Registration of the association’s name and address with the department is accomplished by written notification to the Director of Corrections, Department of Corrections, 420 Watson Powell Jr. Way, Des Moines, Iowa 50309510 East 12th Street, Des Moines, Iowa 50319. In the written notification, the association must designate the type of proposed rules and the number of copies of each rule it wishes to receive. A charge will be assessed pursuant to IAC 201—subrule 5.3(7).This rule does not prevent an association which has registered with the department in accordance with this rule from changing its designation of types of proposed rules or number of copies of proposed rules which the association desires to receive. If an association makes such change designation, it must do so by written notification to the director of corrections.       This rule is intended to implement Iowa Code sections 17A.4 and 22.11.

    ITEM 15.    Amend rule 201—10.8(17A) as follows:

201—10.8(17A) Petition for rule making.  A petition for rule making shall be filed in the director’s office, Department of Corrections, 420 Watson Powell Jr. Way, Des Moines, Iowa 50309510 East 12th Street, Des Moines, Iowa 50319. The petition shall either be mailed certified, return receipt requested, or may be delivered in person. An additional copy may be provided if the petitioner wishes to retain a filed stamped copy of the petition. The petition may be either typewritten or legibly printed in ink and must substantially conform to the following form:    DEPARTMENT OF CORRECTIONS420 WATSON POWELL JR. WAY510 EAST 12TH STREETDES MOINES, IOWA 5030950319    Petition by ________________(Name)________________to (Amend, Adopt, or Repeal)Rules Relating to (state subject matter) }    PETITION FORRULE MAKING(Petition must state in separate numbered paragraphs)
  1. Petitioner’s name, address and telephone number.
  2. The nature of petitioner’s interest in the matter.
  3. The text or substance of any requested rule adoption, amendment or repeal, including the text and citation for any current rule in effect.
  4. The reasons for seeking the requested action, including any statute, rule, data, evidence or arguments which are relevant to the request. Copies of any statute, rule, evidence, etc., shall be attached to the petition.
(Petitioner’s Signature)    10.8(1) Procedure after petition is filed.  Upon filing of the petition, the director or designee shall inspect the petition to ensure substantial compliance with the recommended form. If the petition does not contain the text or substance of the proposed amendment or any reasons for the proposed amendment or fails to include copies of any cited statute, rule or evidence, the petition may be rejected and returned to the petitioner along with the reasons for the rejection. Petitioner may then correct the reasons for the rejection and refile the petition. A petition in substantial compliance with the recommended form shall be filed and stamped.    10.8(2)  Department action.  Within 60 days of the filing of a petition, the director shall grant the petition and commence rule making, or deny the petition and notify the petitioner in writing of the grounds for the denial.

    ITEM 16.    Amend rule 201—11.2(17A) as follows:

201—11.2(17A) Petition for declaratory rulings.  A petition for a declaratory ruling shall be filed in the director’s office, Department of Corrections, 420 Watson Powell Jr. Way, Des Moines, Iowa 50309510 East 12th Street, Des Moines, Iowa 50319. The petition shall either be mailed certified, return receipt requested, or delivered in person. An additional copy may be provided if the petitioner wishes to retain a filed stamped copy of the petition. The petition shall be typewritten and must substantially conform to the following:    DEPARTMENT OF CORRECTIONS420 WATSON POWELL JR. WAY510 EAST 12TH STREETDES MOINES, IOWA 5030950319    Petition by ________(Name)__________For a Declaratory Ruling on(state statute, rule citation to be ruled on) }    PETITION FORDECLARATORY RULING(Petition must state in separately numbered paragraphs)
  1. Petitioner’s name, address and telephone number.
  2. A clear, concise and complete statement of all relevant facts on which the ruling is requested.
  3. A clear and concise statement of the controversy or uncertainty.
  4. Reference to the statutory authority or rules in question, along with attached copies.
  5. The reasons for prompting the petition and a full disclosure of petitioner’s interest.
  6. Whether petitioner is currently a party to a contested case, rule making or judicial proceeding involving the controversy or uncertainty.
  7. The names and addresses, when known, of other persons who may be affected by the declaratory ruling.
(Petitioner’s Signature)

    ITEM 17.    Amend rule 201—20.2(904) as follows:

201—20.2(904) Title II definitions.          "Class I Disciplinary Report" means the same as a major report and is defined in department policy IO-RD-01IO-RD-03.        "Class II Disciplinary Report" means the same as a minor report and is defined in department policy IO-RD-01IO-RD-02.        "Contraband" means weapons; alcohol; drugs; money; obscene materials; or materials advocating disruption of or injury to offendersincarcerated individuals, employees, programs, or physical facilities. Contraband shall also include anything which is illegal to possess under federal or state law; anything which is against institutional regulations; drugs or alcohol or materials which are used in the production or use of drugs or alcohol or weapons, explosives, or potential weapons and explosives; and altered authorized property. The term also includes possession or use of any prohibited communication device.        "Department" means the Iowa department of corrections.        "Furlough" means any temporary release from custody as granted in accordance with Iowa Code section 904.108(2).        "Furlough residence" means any private dwelling, apartment, house, trailer court, hotel, motel or community dwelling place.        "Immediate family" means an offender’sincarcerated individual’s spouse, mother, father, sister, brother, child, grandparent, established legal guardian or other who acted in place of parents, and step- or half-relation if the step- or half-relation and the offenderincarcerated individual were raised as cohabiting siblings.For the purpose of visitation, all the above will be included as immediate family provided a positive relationship exists. Immediate family members may be subject to criminal background investigation.        "Law enforcement checks" means prescheduled, in person, check-ins at designated law enforcement agencies such as police departments, sheriff’s offices and highway patrol offices.        "Medical practitioner" means medical doctor, osteopathic physician or physician’sphysician assistant employed by the department.        "Obscene material" means the same as that described in 20.6(4)20.6(5).        "Performance evaluation" means evaluation of work and program participation as well as other areas of behavior.        "Plan of payment" means the method by which the offenderincarcerated individual is to make restitution. The plan may include legal financial obligations. The plan is to reflect the offender’sincarcerated individual’s present circumstances, such as income, physical and mental health, education, employment and family circumstances.        "Plan of restitution" means a plan stating the amount of restitution as set by the court.        "Responsible person" means an individual on the offender’sincarcerated individual’s visiting list of legal age and, in the judgment of the staff, is a person of accountability, is able to think and act rationally, and is willing to facilitate the offender’sincarcerated individual’s successful completion of furloughs within the furlough rules and facilitate the return of the offenderincarcerated individual to the institution. A responsible person shall further mean an individual not now under indictment, sentence or conviction of an indictable public offense. Ex-felons will not be permitted to act as responsible persons for furlough until the demonstration of two years’ successful adjustment in the community after release from any supervision.       This rule is intended to implement Iowa Code section 904.108(1)“k.”

    ITEM 18.    Amend rule 201—20.3(904) as follows:

201—20.3(904) Visits to offendersincarcerated individuals.  Visiting is a privilege which allows offendersincarcerated individuals to maintain and strengthen relationships with family members and friends. Though visits are encouraged, institutions’ space, schedules, personnel constraints, treatment considerations, or other safety and security issues of the institutions and their operations may result in limiting the number and length of visits. Visitation is additionally governed by the provisions of department of corrections policy OP-MTV-04.    20.3(1) Definitions.          "Application" means a written application identifying the visitor and the visitor’s relationship to the offenderincarcerated individual.        "Background investigation" means the process by which central visiting authority staff verify the accuracy of a visitor’s application for any reason.        "Central visiting authority" "CVA" means the department office that conducts the visitor application approval process.        "Extended family" means the offender’sincarcerated individual’s aunts, uncles, nieces, nephews, cousins, great-grandparents, great-grandchildren, and in-laws.        "Group" means a family unit (e.g., aunt, uncle and minor nieces and nephews) residing at the same address.        "Immediate family" means an offender’sincarcerated individual’s spouse, mother, father, sister, brother, child, grandparent, grandchild (when minors become adults, they will be required to complete the formal visiting application process), established legal guardian or other who acted in place of parents, and step- or half-relation if the step- or half-relation and the offenderincarcerated individual were raised as cohabiting siblings.        "OffenderIncarcerated individual" means a person who has been committed to the custody of the department of corrections or to a judicial district department of correctional services. “Offender” also includes a “violator” as that term is defined in 20.18(2).        "Personal search" means a pat-down search on top of the visitor’s clothes or the nonintrusive use of an electronic search process.        "Visiting list" means the screened list of approved visitors with authorized visiting privileges at all department of corrections institutions.    20.3(2) Schedule.  Each department of corrections institution will structure a visiting schedule allowing visitation for a minimum of four days per week. Each institution’s visiting room will be open a minimum of four hours on each authorized day of visiting. The warden/superintendentwarden will designate the time for visiting on certain days/holidays and advise the offendersincarcerated individuals. The offenderincarcerated individual is responsible for informing the visitor of the days and hours for visitation.    20.3(3) Authorized visitors.      a.    The central visiting authority will establish an approved visiting list for each offenderincarcerated individual. This visiting list remains valid when the offenderincarcerated individual is transferred to another institution.    b.    To meet facility design limitations and security considerations, the visiting list shall be limited to the following individuals:    (1)   Immediate family members.    (2)   A total of foursix other individuals or groups who are the offender’sincarcerated individual’s friends or extended family members.    (3)   Minor children under the immediate supervision of their parent or legal guardian. The minor children of an offenderincarcerated individual shall also be allowed to visit under the immediate supervision of any adult on the offender’sincarcerated individual’s approved visiting list.    c.    Limitation. An individual on the approved visiting list of one offenderincarcerated individual shall not be on the approved visiting list of another offenderincarcerated individual, regardless of the location(s) of the offendersincarcerated individuals. An exception may only be granted pursuant to 20.3(5)“b.”    20.3(4) Nonauthorized visitors.      a.    The following persons shall not be authorized to visit:    (1)   Individuals whose behavior represents a control problem or is counterproductive to stable offender behaviorof an incarcerated individual. This determination may be reflected in the background investigation report which shows that the individual has a record of carrying concealed weapons, use of a controlled substance, previous violation of institutional rules, or similar behavior.    (2)   Individuals under criminal indictment.    (3)   Individuals on probation, work release, or parole.    (4)   Individuals found to be involved with or convicted of incidents of aiding an escape or introducing contraband in any detention or supervised correctional setting.    (5)   Individuals who intentionally give false information on the visitor’s application form.    (6)   Individuals convicted of a felony.    (7)   Individuals who may compromise the order and security of the institution.    b.    A person working in any institution as a volunteer shall not be on an offender’sincarcerated individual’s visiting list except with the permission of the warden/superintendentwarden or designee.    c.    Neither a victim of a sex offense, whether registered or not, nor the victim’s family members will be approved for the visiting list of the perpetrator in the victim’s case until department staff consult with the victim and restorative justice administrator of the department. Visitation requests from victims shall be considered only when the offenderincarcerated individual has successfully completed all recommended treatment programs of the department or board of parole. If the victim’s or victim’s family member’s visitation request is denied, the victim or victim’s family member may file an appeal pursuant to 20.3(6)“d.”    d.    A sex offender whose victim was a minor shall not be permitted to have any children on the offender’sincarcerated individual’s visiting list until the offenderincarcerated individual has completed the sex offender treatment program. After the offender’sincarcerated individual’s completion of the treatment program, a minor victim of the offenderincarcerated individual may be added to the offender’sincarcerated individual’s visiting list only with the approval of the institutional treatment team and the victim and restorative justice administrator of the department. Other children may be added to the offender’sincarcerated individual’s visiting list after the offender’sincarcerated individual’s completion of the treatment program and approval of the institutional treatment team.    e.    An application from a victim of a crime other than a sex offense who seeks to be added to the visiting list of the perpetrator in the victim’s case shall be reviewed with the victim and restorative justice administrator of the department prior to any approval or denial.    20.3(5) Exceptions.  The following exceptions may be implemented by the central visiting authority upon the approval of the warden/superintendentwarden or designee.    a.    The offender’sincarcerated individual’s spouse, child, mother or father who is currently under department supervision or on probation, work release, or parole may be approved to visit the offenderincarcerated individual by the warden/superintendentwarden or designee after consultation with the supervising parole/probation officer. The warden/superintendentwarden or designee may authorize either contact or noncontact visiting.    b.    The warden/superintendentwarden or designee may grant an exception to the limitation in 20.3(3)“c” when the person is an immediate family member of more than one offenderincarcerated individual and seeks to be added to the visiting lists of only those offendersincarcerated individuals.    c.    A former or current department employee or volunteer who is a member of an offender’sincarcerated individual’s immediate family may be approved to visit the offenderincarcerated individual by the warden/superintendentwarden or designee.    d.    A former department employee or volunteer who is not an immediate family member of an offenderincarcerated individual may be allowed to visit six months after leaving employment or ceasing volunteer service if the former employee or volunteer passes the normal background investigation, there are no security issues arising from the person’s prior employment or volunteer service, and the CVA receives approval from the warden/superintendentwarden or designee.    e.    An offenderincarcerated individual who is an immediate family member discharged from prison without correctional supervision must wait six months before contact visits may be arranged. Noncontact visiting may be authorized only for the spouse, child, mother or father of an offenderincarcerated individual.    20.3(6) Application process.      a.    Visitor application forms shall be provided to offendersincarcerated individuals at each institution. OffendersIncarcerated individuals are responsible for mailing visitor application forms to prospective visitors, who may then apply to be added to the offender’sincarcerated individual’s visiting list. The completed visitor application form must be sent for processing to the central visiting authority at the following address: Mt. Pleasant Correctional Facility, Attn: Central Records, 1200 E. Washington, Mt. Pleasant, Iowa 52641.    b.    All adults, including the offender’sincarcerated individual’s own children if they are 18 years of age or older, must complete the visitor application process in order to be considered for inclusion on an offender’sincarcerated individual’s visiting list.    c.    Written notification. Written notification of denial of a visitor application will be given to both the offenderincarcerated individual and the applicant within 30 days from the CVA’s receipt of the application. Notification of approval of a visitor application will be given only to the offenderincarcerated individual. The offenderincarcerated individual is responsible for notifying the approved visitor.    d.    Appeals. When an application is denied, the applicant and the offenderincarcerated individual shall be apprised of the reasons for denial.    (1)   Applicants may appeal to the warden/superintendentwarden or designee in writing. An appeal by an applicant who is the victim of a sex offense, or who is the victim’s family member, and is seeking to visit the perpetrator of the crime shall be reviewed in consultation with the department sex offender treatment director or the institution’s treatment director for the moderate intensity family violence prevention program.    (2)   The decision of the warden/superintendentwarden or designee may be appealed to the director of the department of corrections or the director’s designee. The decision of the director or the director’s designee constitutes final agency action.    20.3(7) Removal from visiting list.  If an offenderincarcerated individual wishes to have a visitor removed from the offender’sincarcerated individual’s visiting list, the offenderincarcerated individual shall complete the Removal of Visitor form contained in department policy OP-MTV-04 and send it to the central visiting authority. Upon receipt of the removal request, the central visiting authority shall respond to the request within seven business days and send a copy of the removal form to the offenderincarcerated individual. Once a visitor has been removed from a visiting list, six months must elapse before reapplication by the removed visitor.    20.3(8) Searches.  Approved visitors shall be subject to search. In accordance with 20.3(14), the search may include a pat down, search by an electronic detection device, or visual search.    20.3(9) Identification.  All visitors shall present proper identification upon entrance to the institution. Photo identification is preferred, but any identification presented shall identify personal characteristics, such as color of hair and eyes, height, weight, and birth date.    a.    Signature cards may be required from visitors.    b.    All visitors may be required to be photographed for future identification purposes only.    20.3(10) Special visitors.      a.    Law enforcement.Division of criminal investigation agents, Federal Bureau of Investigation agents, and law enforcement officials shall present proof of identity upon entrance to the institution.    b.    Attorneys.Attorneys must complete an initial visitor application form to visit an offenderincarcerated individual; however, this initial application shall apply to multiple visiting lists. After initial approval is established, attorneys must contact the central visiting authority at (319)385-9511 to be added to the visiting lists of additional offendersincarcerated individuals. Background checks are not required, and attorneys shall not be counted as a friend on an offender’sincarcerated individual’s visiting list as set forth in 20.3(3)“b.”Attorneys shall present proof of identity upon entrance to the institution. The offenderincarcerated individual must express a desire to visit with an attorney before the attorney will be admitted. Attorney visits shall be during normal visiting hours unless a special visit has been requested by the offenderincarcerated individual and approved by the warden/superintendentwarden or designee prior to the visit.An attorney testing positive by an electronic detection device may be required to visit without direct contact.    c.    Ministers.Ministers must complete an initial visitor application form to visit an offenderincarcerated individual; however, this initial application shall apply to multiple visiting lists. After initial approval is established, ministers must contact the central visiting authority at (319)385-9511 to be added to the visiting lists of additional offendersincarcerated individuals. Background checks are required. Ministers shall not be counted as a friend on an offender’sincarcerated individual’s visiting list as set forth in 20.3(3)“b.”Ministers shall present proof of identity upon entrance to the institution. The offenderincarcerated individual must express a desire to visitwith a minister before the minister will be admitted. Minister visits shall be during normal visiting hours unless a special visit has been requested by the offenderincarcerated individual and approved by the warden/superintendentwarden or designee prior to the visit.A minister testing positive by an electronic detection device may be required to visit without direct contact.    20.3(11) Termination of visiting privileges.  Individuals may have visiting privileges modified or terminated when:    a.    The offenderincarcerated individual or visitor engages in behavior that may in any way be disruptive to the order and control of the institution.    b.    The visitor or offenderincarcerated individual fails to follow the established rules and procedures of the institution.    c.    The visitor and offenderincarcerated individual directly exchange or attempt to exchange any object or article. This restriction does not apply to purchases from the canteen or visiting room vending machines that are consumed during the visit.    d.    The visitor tests positive for drugs or explosives as determined by an authorized electronic detection device calibrated and operated for testing for the presence of drugs or other contraband.    e.    The visit or future visiting is detrimental to the health or welfare of the offenderincarcerated individual or visitor.    f.    The visitor does not supervise the visitor’s children to prevent them from interfering with or disrupting other visits.OffendersIncarcerated individuals may request reconsideration of denied visitors six months after resolution of the reason for denial or when approved by the warden/superintendentwarden or designee or regionalinstitutional deputy director.    20.3(12) Noncontact visiting.  The warden/superintendentwarden or designee may allow noncontact visits when the order or security of the institution may be threatened or when disciplinary rules or procedures have been violated. Noncontact visiting hours will be provided on a scheduled basis. The hours and days will be posted by the warden/superintendentwarden or designee, and notice will be posted at least one week prior to any change. Visitors on the noncontact list at the time of a schedule change will be notified of the schedule change by regular mail sent to the last-known address.    20.3(13) Clothing.  Visitors shall be properly attired prior to entering a correctional setting. All visitors shall wear shoes. Visitors wearing miniskirts, shorts, muscle shirts, see-through clothing or halter tops will not be allowed to visit. Visitors wearing clothing with slogans, pictures, or words intended to deprecate race, sex, or cultural values will not be allowed entry. Visitors may be required to remove for the duration of the visit outerwear such as, but not limited to, coats, hats, gloves, or sunglasses. A medical need for sunglasses must be verified by prescription.    20.3(14) Security procedures.  Visitors may be requested to submit to a personal search (pat down) or an electronic search for weapons or contraband. “Personal search” means a pat-down search on top of the visitor’s clothes or the nonintrusive use of an electronic search process. If the initial electronic test confirms the presence of a controlled substance, the visitor will be given a second confirmation test. When the electronic detection device alarm is activated, the visitor shall produce the item that set off the alarm or a personal search may be made to find the item. If the visitor refuses to submit to a search, access to visiting shall be denied and entrance shall be denied. All searches shall be conducted in a courteous manner to respect the visitor’s privacy. Minors are subject to personal and electronic searches. When a visitor accompanied by a minor refuses to leave the minor with a staff person and does not want the minor present during the search, the visit will be denied. When a minor is searched, the supervising adult shall be present in the room at all times.    a.    The warden/superintendentwarden or designee will maintain records of all searches which produce positive results, including the name of each person subjected to a search, the names of the persons conducting and in attendance at the search, and the time, date, and place of the search. The written record shall reflect the reason for the search and the results of the search. The written authorization for the search shall be included in the record. Testing records will be maintained by the institution for one year and then expunged. Records of positive tests will be maintained for five years and then expunged. All testing records are confidential and will be released only upon the order of a court of proper jurisdiction.    b.    When a visitor tests positive by an electronic search device, the visitor may appeal to the warden/superintendentwarden or designee in writing. The decision of the warden/superintendentwarden or designee may be appealed to the director of the department of corrections or the director’s designee. The decision of the director or the director’s designee constitutes final agency action.    c.    Staff may request that local law enforcement search visitors if search procedures or an electronic testing device shows that there is a clear, reliable reason to believe a particular visitor is attempting to smuggle contraband into the facility. If the search reveals drugs or illegal contraband, the item shall be confiscated and preserved by local law enforcement. Visitors found in possession of contraband shall be referred by local law enforcement to the county attorney for prosecution.    d.    Facilities will establish procedures for personnel selection and training of search personnel. Operators will be trained in accordance with manufacturer’s standards, which require 16 hours of initial certification and 4 hours of annual training thereafter. Each facility will have at least two certified trainers of trainers.    20.3(15) Sanctions.  Visitors testing positive or refusing to be tested by an electronic detection device will be restricted.    a.    Testing positive.The following restrictions will apply to visitors testing positive:    (1)   First occurrence. Visiting privileges will be suspended from the date and time of the test for the next 2 visiting days. Future visits may be restricted to noncontact status.    (2)   Second occurrence. Visiting privileges will be suspended from the date and time of the test for the next 7 visiting days. Future visits may be restricted to noncontact status.    (3)   Third occurrence. Visiting privileges will be suspended from the date and time of the test for the next 15 visiting days. Future visits may be restricted to noncontact status.    (4)   Fourth occurrence. Visiting privileges will be suspended from the date and time of the test for the next 30 visiting days. In addition, the visitor will be placed on noncontact visiting status for 180 days from the date of the first eligible visit. If the visitor tests positive from this date forward, visiting privileges may be permanently restricted to noncontact status.Upon request by the visitor, the warden/superintendent or designee may allow visits in noncontact status for the first, second, and third occurrence pending the receipt of laboratory reports for any visitor testing positive by an electronic detection device.    b.    Refusing to be tested.Refusal to submit to a drug test by an electronic testing device will result in suspension of visiting privileges for 15 calendar days from the time of refusal.    c.    Written notification.Written notice regarding visiting status or facility access will be presented or mailed within 5 working days to any individual (nonoffenders) who tests positive or who refuses consent to search. Such notice will include the duration of any restriction and procedures for reconsideration or reinstatement.    20.(16) 20.3(15) Money orders, cashier’s checks, and electronic funds transfers.  Money orders and cashier’s checks for deposit in the offender’sincarcerated individual’s account must be made payable to the Iowa Department of Corrections OffenderIncarcerated Individual Fiduciary Account (IDOC OFAIIFA) and sent to: Fort Dodge Correctional Facility, 1550 L Street, Suite B, Fort Dodge, Iowa 50501, and must include the offender’sincarcerated individual’s name and ID number and the sender’s name and complete address. Funds will also be accepted via electronic funds transfers from authorized vendors. Personal checks and cash will not be accepted. An offender'sincarcerated individual’s suspected abuse of requests for money from the public may be cause for limits or restrictions on the amounts of money which can be received and from whom money can be received.    20.(17) 20.3(16) Limits.  Each institution, according to its facilities and conditions, shall limit the number of visitors an offenderincarcerated individual may have at any one time and the length of visits.    20.(18) 20.3(17) Segregation status.  OffendersIncarcerated individuals who are assigned to special units such as disciplinary detention or administrative segregation status may have visits modified in regard to place, time, and visitor, depending on the staff and space available.    20.(19) 20.3(18) Abuse of visiting privileges.  Visiting privileges may be modified, suspended, or terminated when abuses are evidenced or planned.    20.(20) 20.3(19) Special visits.  The warden/superintendentwarden or designee may permit special visits not otherwise provided for in this rule. These may include, but are not limited to, extended visits for close family members traveling extended distances, immediate visits for close relatives or friends about to leave the area, visits necessary to straighten out critical personal affairs, and other visits for similar reasons. All these visits shall be at the sole discretion of the warden/superintendentwarden or designee. When ruling on such visits, the warden/superintendentwarden or designee shall consider appropriate factors including the uniqueness of the circumstances involved for both the offenderincarcerated individual and the visitor; security, order, and administrative needs of the institution; and available alternatives to a special visit. The decision of the warden/superintendentwarden or designee in these cases constitutes final agency action.    20.(21) 20.3(20) Temporary modifications.  Visiting procedures may be temporarily modified or suspended in the following circumstances: riot, disturbance, fire, labor dispute, space and personnel restrictions, natural disaster, or other emergency.       This rule is intended to implement Iowa Code section 904.512.

    ITEM 19.    Amend rule 201—20.4(904) as follows:

201—20.4(904) Mail.  Constructive, unlimited correspondence with family, friends, and community sources will be encouraged and facilitated. OffendersIncarcerated individuals have the responsibility in the use of correspondence to be truthful and honest. Institutions have the responsibility to maintain a safe, secure, and orderly procedure for offender use of the mailby an incarcerated individual. Mail is additionally governed by the provisions of department of corrections policy OP-MTV-01.    20.4(1) Nonconfidential.      a.    Mail will not be read or censored on a regular basis unless there is justifiable cause. In an effort to maintain proper security measures, mail may be monitoredand read on a random basis.    b.    All nonconfidential mail shall be inspected for contraband. Nonconfidential mail shall be read when there is suspected abuse of correspondence or a threat to the good sense of order and security of the institution.    20.4(2) Confidential.      a.    Confidential mail, as defined in this rule, will not be read or censored.    b.    Confidential mail will be delivered unopened and then, in the presence of the offenderincarcerated individual, will be opened and inspected for contraband and to ensure that the contents are from the return addressee.Confidential mail may be read only after a finding of probable cause by a court of competent jurisdiction that a threat to the order and security of the institution or abuse of correspondence exists.    c.    Confidential letters may be written to: (the sender’s name and address must be appropriately identified on the envelope)    (1)   Officers of federal, state, or municipal courts (judges, judges’ law clerks, prosecuting attorneys, court administrators).    (2)   Federal agencies chief administrative officer, elected or appointed officials.    (3)   State agencies chief administrative officer, elected or appointed officials.    (4)   Clerk of court.    (5)   The sentencing state department of corrections chief executive officer, deputy directors.    (6)   Sentencing state board of parole.    (7)   Attorney.    (8)   The citizens’ aide office.    (9)   Any additional exception by law or policy.    (10)   Civil rights commission.    d.    Envelopes containing confidential correspondence shall be marked as “confidential” by the sender.    20.4(3) General.      a.    Pursuant to Iowa Code chapter 2C, mail received from the office of citizens’ aideombudsman office shall be delivered unopened.    b.    When sending confidential mail, offendersincarcerated individuals may be requested to seal the envelope in the presence of staff after the envelope and letters have been inspected for contraband.    c.    No mail lists will be maintained restricting persons from writing to offenders or offenders writing to persons in the public. All letters mailed by offendersincarcerated individuals will be left unsealed for inspection of the contents only. Envelopes shall contain letters to the addressee only.    d.    All other nonconfidential correspondence and packages, both incoming and outgoing, shall be opened for inspection to remove items of contraband.To facilitate institutional inspection of first-class mail, writers should avoid enclosures other than the written correspondence. Traditional items such as snapshots of appropriately clothed individuals and clippings from published material may be permitted. Each institution shall have guidelines for the amount and type allowed.    e.    With the exception of weekends and holidays, incoming and outgoing mail will not be retained for more than 24 hours prior to delivery unless unusual circumstances exist such as staff shortage, suspected correspondence violations, disturbance, or similar constraints.    f.    Persons under the age of 18 must provide written permission to the warden/superintendentwarden from parents or guardian before correspondence with offendersincarcerated individuals will be allowed.    g.    OffendersIncarcerated individuals under correctional supervision or detention will not be allowed to correspond with other offendersincarcerated individuals unless the individuals are immediate family and approved by the authority of the institution or both authorities in the case of correspondence between facilities.“Immediate family” means mother, father, sister, brother, half sister, half brother, spouse, son, daughter, natural grandparents, and natural grandchildren. Legal guardian, foster parents, stepparents, stepchildren, stepsister, and stepbrother will be included provided a positive relationship exists or contact will confer a benefit to the inmateincarcerated individual.    h.    OffendersIncarcerated individuals will be denied mail privileges with persons that might present a risk to the order and security of the institution.    i.    All outgoing mail must be sent directly to the individual that the correspondence is written to, and all incoming mail must be sent directly from the individual that wrote the correspondence.    j.    No limit will be placed on the number of letters mailed for offendersincarcerated individuals able to pay the mailing costs. Offenders thatIncarcerated individuals who are unable to pay mailing costsfor legal mail will receive limited assistance which may be recoverable.    k.    Stamped, return-addressed envelopes will be sold through canteen services for all outgoing letters and will be purchased by the offenderincarcerated individual.    l.    Special equipment may be used to review envelopes for items in the envelopes other than the letter. When the contents of the correspondence is inappropriate or contraband items which are not illegal to possess under the law are found in the mail, the mail will be rejected and the offenderincarcerated individual shall be notified with the option to return to sender or destroy.    m.    When mail is rejected due to inappropriate contents of the correspondence or contraband is found, provided the correspondence is not retained for investigation or prosecution, the offender thatincarcerated individual to whom the mail was addressed to will have the option of paying the postage to return the mail to the sender or having the mail destroyed by institutional staff. The offenderincarcerated individual must choose one of the two options within three days of the rejection notice. This rule is in reference to the return of opened mail per United States Postal Service, Office of Classification and Rates Administration, Ruling #206.The sender of rejected correspondence may protest the decision in writing to the warden/superintendentwarden.    n.    All outgoing parcel post items will be packed and sealed by the mail room and postage charged to the offenderincarcerated individual.    o.    Letters will not be delivered which are written in a foreign language or code unless the foreign language is the only language of the offenderincarcerated individual (exceptions may be made by the warden/superintendentwarden).    p.    The sender’s name shall be signed in full at the end of the letter. The sender’s name and address shall appear in the upper left-hand corner of the envelope.    q.    The offender’sincarcerated individual’s name,ID number (if known), box number or street address, city, state, and zip code shall also appear on the envelope of incoming mail.    r.    All outgoing mail shall contain a return address including offenderthe incarcerated individual’s name andID number as well as thename of the institution, address, and zip code.    s.    Reasonable size restrictions of envelopes may be imposed.    t.    Each institution shall have written procedures for disposition (safekeeping and preservation) of contraband.    u.    Only first-class letters and packages will be forwarded after an offender’sincarcerated individual’s transfer or release.    v.    An individual may deposit funds in an offender'sincarcerated individual’s account by money order, cashier’s check, or electronic funds transfer. Personal checks and cash will not be accepted. Only money orders and cashier’s checks will be accepted for deposit into an offender’sincarcerated individual’s account by mail. Money orders and cashier’s checks must be made payable to the Iowa Department of Corrections OffenderIncarcerated Individual Fiduciary Account (IDOC OFAIIFA) and sent to: Fort Dodge Correctional Facility, 1550 L Street, Suite B, Fort Dodge, Iowa 50501, and must include the offender’sincarcerated individual’s name and ID number and the sender’s name and complete address. Funds will also be accepted via electronic funds transfers from authorized vendors. An offender'sincarcerated individual’s suspected abuse of requests for money from the public may be cause for limits or restrictions on the amounts of money which can be received and from whom money can be received.    w.    Misuse of mails will result in institution discipline and be reported to the United States Postal Inspector or other state or federal agencies for action.    x.    O-mail. “O-mail” is electronic mail that can be sent to and from offendersincarcerated individuals and the public.    (1)   The offender’sincarcerated individual’s family and friends shall be responsible for registering on the corrlinks Internet site to enroll in the O-mail system: http://www.corrlinks.comwww.corrlinks.com.    (2)   Each O-mail message is limited to two pages, and attachments are not allowed.    (3)   There is a cost for sending an O-mail message, which shall be the responsibility of the sender.    (4)   Incoming and outgoing O-mail shall meet the same standards as referenced in this rule for offenderincarcerated individuals’ mail.    (5)   Staff may review the contents of O-mail messages.

    ITEM 20.    Amend rule 201—20.5(904) as follows:

201—20.5(904) Money orders, cashier’s checks, and electronic funds transfers for offendersincarcerated individuals.  An individual may deposit funds in an incarcerated individual’s account by money order, cashier’s check, or electronic funds transfer. Personal checks and cash will not be accepted.Only money orders and cashier’s checks will be accepted for deposit into an offender’sincarcerated individual’s account by mail. Personal checks and cash will not be accepted. Money orders and cashier’s checks must be made payable to the Iowa Department of Corrections OffenderIncarcerated Individual Fiduciary Account (IDOC OFAIIFA) and sent to: Fort Dodge Correctional Facility, 1550 L Street, Suite B, Fort Dodge, Iowa 50501, and must include the offender’sincarcerated individual’s name and ID number and the sender’s name and complete address. Funds will also be accepted via electronic funds transfers from authorized vendors. An offender'sincarcerated individual’s suspected abuse of requests for money from the public may be cause for limits or restrictions on the amounts of money which can be received and from whom money can be received.

    ITEM 21.    Amend rule 201—20.6(904) as follows:

201—20.6(904) Publications.      20.6(1)   The institution shall allow offendersincarcerated individuals access to publications when doing so is consistent with institutional goals of maintaining internal order, safety, security, and rehabilitation.    20.6(2)   Publications include any periodical, newspaper, book, pamphlet, magazine, newsletter, or similar material published by any individual, organization, company, or corporation, and made available for a commercial purpose. All publications shall be unused and sent directly from an approved publisher or bookstore which does mail order business. Any exceptions must be authorized by the warden or superintendent. No publication will be denied solely on the basis of its appeal to a particular ethnic, racial, religious, or political group. The quantity of printed materials, as with other personal property, will be controlled for safety and security reasons.    20.6(3)   All publications not on the approved list shall be reviewed by a publication review committee for approval, denial, or control of the publication.    a.    The committee shall be appointed by the director or designee, department of corrections, and shall include a person with broad exposure to various publications and two representatives of correctional operations.    b.    The committee shall fairly review all types of publications to be received by offendersincarcerated individuals in accordance with these rules.    20.6(4)   The following procedures shall be used when a publication not on the approved list is reviewed:    a.    The committee shall approve, deny, or control publications within 30 working days of receipt of the publication.    b.    When a publication is denied or controlled, the committee shall send the offenderincarcerated individual a written notice stating the publication involved, the reason for denial or control, and the offender'sincarcerated individual’s available appeal process.    c.    The offenderincarcerated individual shall have five days from receipt of the notice of denial or control to notify the designated institution staff to destroy the publication, to specify where to send the publication at the offender'sincarcerated individual’s expense, or to notify the institution that the decision is being appealed.    d.    A list of approved publications shall be maintained.    20.6(5)   A publication may be denied when the publication presents a danger to the security or order of an institution or is inconsistent with rehabilitation goals. Authorized reasons for denying a publication are that the publication:    a.    Is likely to be disruptive or produce violence.    b.    Contains material which portrays or simulates a minor (any person 17 years of age or younger) engaged in or simulating any act that is sexual in nature.    c.    Contains hard-core pornography depicting patently offensive representations of oral, anal, or vaginal intercourse, actual or simulated, involving humans, or depicting patently offensive representations of masturbation, excretory functions, or bestiality, or lewd exhibition of the genitals, which the average adult taking the material as a whole in applying statewide contemporary community standards would find appeals to the prurient interest; and which material, taken as a whole, lacks serious literary, scientific, political, or artistic value as prohibited by Iowa Code section 728.4.    d.    Contains information relating to escapes or formulating escape plans.    e.    Contains information relating to provoking a riot or disturbance.    f.    Contains information relating to obtaining an emotional or behavioral state comparable to those produced by a controlled substance, by using aerosols, glue, or other chemical materials.    g.    Contains materials which illustrate, explain, describe, or teach martial arts, or other manufacture of weapons or explosives, or advocate behavior contrary to duly established institution rules or Iowa statutes. Contains materials which illustrate, explain, describe, or teach ability to frustrate crowd or riot control methods. Contains materials which illustrate, explain, describe, or teach ability to sabotage or disrupt communications networks, including a prison’s internal and external communications and automated information systems.    h.    Contains information concerning criminal activities.    i.    Contains encoded material. This shall not automatically include foreign language publications not otherwise prohibited in these rules.    j.    May violate postal regulations, such as threats, blackmail, contraband, or similar violations.    20.6(6)   Portrayal or simulation of fellatio, cunnilingus, masturbation, ejaculation, sexual intercourse, male erection, bestiality, sadomasochism, excretory functions, lewd exhibition of genitals, or other sexually explicit materials will be denied to offendersincarcerated individuals when the material is inconsistent with rehabilitation goals.    20.6(7)   Publications which contain material portraying or simulating fellatio, cunnilingus, masturbation, ejaculation, sexual intercourse or male erection and are not approved or denied by the review committee will be controlled for the security and order of the institution and to assist in enabling its control from those offendersincarcerated individuals denied access by 20.6(6) above. Institutional procedures shall be established for the offenderincarcerated individual to reserve time in a designated controlled area and obtain the controlled publication for reading during specified times. The controlled publication will be secured until the offenderincarcerated individual makes arrangements for further review of the controlled publication. An offenderincarcerated individual may have secured no more than ten publications at any given time, none of which are over three months old from publication date or receipt, and any that are in excess of the ten limit or over three months old must be sent out of the institution at the offender'sincarcerated individual’s expense, destroyed, or taken with the offenderincarcerated individual upon release.    20.6(8)   An offenderincarcerated individual may appeal the committee’s decision or the denial of a publication because the publication is inconsistent with rehabilitation goals within ten days of receipt of the decision by filing a written appeal and sending it to Administrator, Division of Investigative ServicesOffice of Inspector General, Department of Corrections, 510 East 12th Street, Des Moines, Iowa 50319. The administrator'sinspector general’s decision shall be final.

    ITEM 22.    Amend rule 201—20.7(904) as follows:

201—20.7(904) Interviews and statements.      20.7(1)   When offendersincarcerated individuals are selected to be interviewed and photographed within the institution, either individually or as part of a group, identifiable interviews or pictures shall have the written consent of the offenderincarcerated individual involved as well as prior consent of the warden, superintendent, or designee.    20.7(2)   The warden or superintendent is responsible for all communications with mass media.

    ITEM 23.    Amend rule 201—20.8(904) as follows:

201—20.8(904) Guests of institution.  Persons wishing to visit the institution shall give prior notice of their intended visit and receive approval for the visit. The prior notice and approval may be waived by the warden, superintendent, or designee for emergencies.    20.8(1)   Any guest must agree to comply with the policy and procedures of the institution when signing in at the control center.    20.8(2)   Persons under 18 years of age may only visit with prior approval of the warden, superintendent, or designee, and shall be accompanied by a responsible adult. An adult shall be in charge of no more than four children. Persons under 18 years of age shall not be allowed to make institutional tours of maximum security prisons.    20.8(3)   Guests shall be escorted by a staff member. Any exception shall have prior approval of the warden, superintendent, or designee.    20.8(4)   Guests shall be allowed personal contact with an offenderincarcerated individual only when it serves the best interests of the offenderincarcerated individual as determined by the warden, superintendent, or designee.    20.8(5)   All contacts with offendersincarcerated individuals shall be absent of any encouragement, support, or suggestion of activity which would bring disorder to the institution.    20.8(6)   Rescinded IAB 3/20/91.

    ITEM 24.    Amend rule 201—20.9(904) as follows:

201—20.9(904) Donations.  Donations of money, books, games, recreation equipment or other such gifts shall be made directly to the warden or superintendent. The warden or superintendent shall evaluate the donation in terms of the nature of the contribution to the institution program. The warden or superintendent is responsible for accepting the donation and reporting the gift to the regionalinstitutional deputy director on a monthly basis.

    ITEM 25.    Adopt the following new rule 201—20.10(904):

201—20.10(904) Incarceration fees.  The director may charge incarcerated individuals an incarceration fee, pursuant to Iowa Code section 904.108.

    ITEM 26.    Amend rule 201—20.11(904,910) as follows:

201—20.11(904,910) Restitution.      20.11(1)   Every offenderincarcerated individual required by a court order to pay restitution shall have a restitution plan and a restitution plan of payment developed, unless a court-ordered restitution plan has been completed.    20.11(2)   The restitution plan of payment shall consider the present circumstances of an offender’sincarcerated individual’s physical/mental health and other legal financial obligations.    20.11(3)   The deputy director of institutions shall ensure that there are written procedures governing the development and modification of each restitution plan and plan of payment.    20.11(4)   Each offenderincarcerated individual shall be given a Predeprivation Notice: Notice of Intent to Deduct Restitution From All Account Credits and Notice of Opportunity to Respond during initial reception following admission to the Iowa medical and classification center (IMCC)or the Iowa correctional institution for women (ICIW).    20.11(5)   Initial offender complaintsby incarcerated individuals regarding restitution plans of payment or modifications may be addressed via the offender grievance procedurefor incarcerated individuals.    20.11(6)   The staff shall explain the restitution plan of payment to the offenderincarcerated individual. Each offenderincarcerated individual shall receive a copy of the restitution plan of payment.    20.11(7)   Restitution payments shall be deducted from all credits to an offender’sincarcerated individual’s account. Up to 50 percent may be deducted. The following are exempt for deductions from credits to an offender’sincarcerated individual’s account from an outside source:    a.    An amount, assessed by the warden/superintendentwarden or designee, specifically for medical costs. The same percent as established in the restitution plan will be deducted from any amount over the total amount assessed. If the medical procedures are not performed or carried out, the money shall be returned to the sender at the offender’sincarcerated individual’s expense.    b.    An amount, assessed by the warden/superintendentwarden or designee, specifically for the cost of a funeral trip. The same percent as established in the restitution plan will be deducted from any amount over the total amount assessed.    c.    An amount as assessed by the appropriate authority specifically for transportation fees as a result of work release/OWI violations or compact transfers. The same percent as established in the restitution plan will be deducted from any amount over the total amount assessed.    d.    An account transfer from one institution to another.    e.    Refunds from outside vendors or institution commissaries.    f.    Property tort claims.    g.    Any other exception approved by the warden/superintendentwarden or designee.    20.11(8)   Restitution deductions shall be forwarded to the clerk of court in the county of commitment on a quarterly basis.    20.11(9)   When the department of corrections has knowledge of other income or assets the district court clerk of the sentencing county shall be so notified.    20.11(10)   A percent greater than that established in the restitution plan of payment may be deducted from a credit to an offender’sincarcerated individual’s account by authorization of either the offender,incarcerated individual or the warden/superintendentwarden or designee, or by court order.    20.11(11)   The restitution plan of payment may be modified through each level of commitment. (This includes preinstitutional services and postinstitutional services.)       This rule is intended to implement Iowa Code chapter 904 and sections 910.2, 910.3 and 910.5.

    ITEM 27.    Amend rule 201—20.12(904) as follows:

201—20.12(904) Furloughs.      20.12(1)   Furloughs are a privilege, not a right, and may be denied or canceled at any time for reasons deemed sufficient by the warden/superintendentwarden. Reasons for denial or cancellation shall be given to the offenderincarcerated individual.    20.12(2)   Emergency family furlough shall be considered in the event of a death or imminent death in the immediate family.    20.12(3)   Emergency medical furlough is for those offendersincarcerated individuals whose medical condition has deteriorated to the point of incapacitation or to a comatose state.    20.12(4)   Both emergency family furloughs and emergency medical furloughs shall have approval of the warden/superintendentwarden and the respective regionalinstitutional deputy director.    20.12(5)   Furloughs are additionally governed by the provisions of the department’s furlough policy IS-RL-04.

    ITEM 28.    Amend rule 201—20.13(904) as follows:

201—20.13(904) Board of parole interviews.  Each institution provides space for the conduct of interviews between the Iowa board of parole and institutional offendersincarcerated individuals. When these meetings are held in correctional institutions, attendance is subject to security and safety regulations as stated herein. Any exception to these rules must have prior approval of the director of the department of corrections or designee.    20.13(1)   Persons desiring to attend a board of parole interview who are not on an offender’sincarcerated individual’s visiting list shall notify the warden or superintendent of the respective institution of their intent to attend. A visitor’s application will be sent to the person, and the completed application must be received back by the institution at least 15 days prior to the scheduled date of the parole interview in order that a background investigation with law enforcement officials may be completed prior to attendance at the parole interview. Following a successful background investigation, authorization to attend parole interviews will be continuous subject to these rules and any subsequent background investigations conducted at the discretion of the warden or superintendent.    20.13(2)   Due to security considerations, those persons excluded from applying for visitation privileges pursuant to subrule 20.3(1), paragraph “f,” subparagraphs (1) to (7)subparagraphs 20.3(4)“a”(1) to (7), inclusive, are also excluded from attending parole board interviews as listed below:    a.    Individuals who have been discharged from a correctional institution within the last 18 months.    b.    Individuals whose behavior represents a control problem or is counterproductive to the rehabilitation of the offenderincarcerated individual. This may be reflected in the background investigation report which shows the individualindividual’s having a record of carrying concealed weapons, irresponsible or illegal use of a controlled substance, previous violation of institutional rules, or similar behavior.    c.    Individuals on probation, work release or parole.    d.    Individuals who have been convicted of incidents of aiding an escape or introducing contraband in any detention or supervised correctional setting.    e.    Individuals who intentionally give false information.    f.    Ex-felons.    g.    When the interview is held inside the institution proper, no children under the age of 18 are allowed.    20.13(3)   Due to security considerations the following rules shall apply:    a.    Written notification of approval or denial will be given to the requester.    (1)   When approved, the requester shall be informed on the notification:
  1. That the attendee may be subject to a search (subrule 20.13(3), paragraph “f”) when a staff member has an articulable reason to believe that the attendee is concealing contraband;
  2. That the search may include a pat down, a strip search, or a visual body cavity probe search; and
  3. That the requester need not submit to a strip search although refusal may result in the forfeiture of attendance.
    (2)   When denied, the applicant shall be apprised of the reasons for denial.
    b.    All requesters shall present proper identification upon entrance to the institution. Photo identification is preferred, but all identification shall identify personal characteristics, such as color of hair and eyes, height, weight and birth date.    (1)   Signature cards may be required from requesters.    (2)   All requesters may be required to be photographed for future identification purposes only.    c.    Individuals may be required to leave the institution when:    (1)   The offenderincarcerated individual or attendee engages in behavior that may in any way be disruptive to order and control of the institution.    (2)   The attendee fails to follow the established rules and procedures of the institution.    (3)   The attendee and offenderincarcerated individual directly exchange any object or article.    (4)   The attendee talks or communicates with an offenderincarcerated individual.    (5)   The effect of alcohol or narcotic drugs is detected on the attendee before or during the interview.    (6)   There is detriment to the health of the offenderincarcerated individual or attendee.    (7)   The attendee does not manage children.    d.    Minors outside the immediate family shall have written permission from their parent or guardian and be accompanied by an adult. All children shall have adult supervision. Exceptions shall have prior approval of the warden, superintendent or designee.    e.    Attendees shall be properly attired as would be expected in a public meeting place. Adults and teenagers shall wear shoes and may not wear miniskirts, shorts, muscle shirts, see-through clothing, halter tops, clothing with obscene or lewd slogans, pictures or words, and similar apparel. Attendees may be required to remove, for the duration of the interview, outerwear such as, but not limited to, coats, hats, gloves, and sunglasses. A medical need for sunglasses must be verified by prescription.    f.    Attendees may be requested to submit to a personal search (pat down) or review by an electronic device for weapons or contraband. When the electronic device alarm is activated, the attendee shall produce the item, or a personal search may be made to find the item that set off the alarm. Attendees may be requested to submit to a strip search when there is an articulable reason to believe the person is concealing a weapon or contraband. Each institution shall designate the level of authority required to request a search through institutional policy. This person shall authorize the search in writing. The designation required pursuant to subrule 20.3(9)20.3(8) for visitation will suffice for this subrule as well. Entrance may be denied when the attendee is not willing to submit to a search. The request for a search shall be conducted in an inconspicuous manner. The attendee may verbally request a review by the warden, superintendent, or designee at the time of request for a search.    (1)   Strip search means having a person remove or arrange some or all of their clothing so as to permit an inspection of the genitalia, buttocks, anus, female breasts, or undergarments of that person or a physical probe of any body cavity. Personal search means a pat down search on top of the attendee’s clothing.    (2)   The search will be to the degree deemed appropriate or necessary. A strip search will be conducted only when the following conditions exist:
  1. The search is conducted in a place where it cannot be observed by persons not conducting the search.
  2. The search is conducted by a person of the same sex as the visitor, unless conducted by a medical practitioner or licensed registered nurse. A second correctional employee of the same sex as the attendee shall also be present during the search. In addition, the attendee may request a third person of the same sex as the attendee to be present during the search.
  3. A visual search or probing of any body cavity shall be performed under sanitary conditions. A physical probe of a body cavity other than the mouth, ear, or nose shall be performed only by a medical practitioner. In the absence of a medical practitioner, a licensed registered nurse will conduct the search and report the findings to the on-call medical practitioner.
  4. It will be permissible and not considered a body cavity search to request that a female attendee remove a sanitary napkin or tampon.
    (3)   An attendee accompanied by a minor child has the option of not having the child present during a strip search or pat down. The child will be attended by a staff person. When attendee refuses to leave the child with a staff person and does not want the child present during the search, attendance will be denied. At all times when a minor child is searched, the supervising adult may be present in the room.    (4)   When an attendee is arrested, the attendee may be searched for weapons which may inflict harm on the arresting officer.    (5)   Records shall be kept of all strip searches and shall include the name of the person subjected to the search, the names of the persons conducting and in attendance at the search, the time, date, and place of the search. The written record shall reflect the reason for the search and the results of the search. The written authorization for the search shall be included in the record.    (6)   Attendees found in possession of contraband shall be referred to the county attorney for prosecution.
    20.13(4)   The space provided for the parole interviews shall have a posted maximum capacity set by the fire marshal. The number of individuals in the room shall not exceed the maximum capacity. Individuals will be admitted on a first-come, first-serve basis.    20.13(5)   Cameras and recording devices are permitted with the following exceptions:    a.    Media equipment is subject to search prior to admittance and at any time said equipment is inside the institution. Search shall be conducted in the presence of the photographer.    b.    Should the attendees be required to pass through areas of the institution where for reasons of security or right to privacy media equipment is disallowed, the use of such equipment is prohibited in those areas.    20.13(6)   Interviews may be temporarily modified or suspended in the following circumstances: riot, disturbance, fire, labor dispute, space restriction, natural disaster, or other extreme emergency.    20.13(7)   Refer to Iowa Administrative Code, Parole Board[205] for rules governing conduct at the hearings as required by the Iowa Board of Parole.    20.13(8)   Rules that apply to registered victims are found in subrule 20.15(8)20.15(7).       This rule is intended to implement Iowa Code sections 904.102 and 904.103.

    ITEM 29.    Amend rule 201—20.14(80A) as follows:

201—20.14(80A) Offender transportationTransportation for incarcerated individuals.      20.14(1)   Companies under contract to county or state agencies to transport Iowa offendersincarcerated individuals must meet the requirements of this rule to qualify for exemption under Iowa Code section 80A.2 as amended by 1998 Iowa Acts, Senate File 2331.    20.14(2)   To comply with the exemption in Iowa Code section 80A.2 as amended by 1998 Iowa Acts, Senate File 2331, the following requirements shall apply:    a.    A company(ies)Companies contracting with any jurisdiction/agency within the state of Iowa shall provide, upon request, training and compliance with policy standards governing weapons, security, transportation, and offender management proceduresfor incarcerated individuals essential to accomplishing safe and secure movement of offendersincarcerated individuals.    b.    A companyCompanies contracting to provide offender transportationfor incarcerated individuals with a jurisdiction/agency within the state of Iowa shall provide proof of insurance coverage including, but not limited to, comprehensive general liability, automobile liability, workers’ compensation insurance, all inclusive policies, general liability, and errors or omissions.    c.    A companyCompanies contracting with any jurisdiction/agency within the state of Iowa shall provide the names, dates of birth, and social security numbers of all transportation personnel for criminal history checks.    d.    All transporting personnel shall possess appropriate and valid driver’s licenses as required by the regulatory agencies.    e.    All transporting vehicles shall be licensed under the appropriate Interstate Commerce Commission (ICC) regulations and the state where the vehicle is registered.    f.    All transmitting/receiving radios and communication equipment shall comply with Federal Communications Commission (FCC) regulations.    g.    This exemption applies only to offender transportation companiesfor incarcerated individuals. This exemption does not provide exemption for any other part of this statute.       This rule is intended to implement Iowa Code section 80A.2 as amended by 1998 Iowa Acts, Senate File 2331.

    ITEM 30.    Amend rule 201—20.15(910A) as follows:

201—20.15(910A) Victim notification.      20.15(1)   Definitions.        "Notification" means mailing by regular mail or providing for hand delivery of appropriate information or papers. However, this notification procedure does not prohibit an agency from also providing appropriate information to a registered victim by telephone.        "Registered" means having provided the appropriate office, agency, or department with the victim’s written request for notification and current mailing address and telephone number.        "Victim" means a person who has suffered physical, emotional, or financial harm as the result of a public offense, other than a simple misdemeanor, committed in this state. The term also includes the immediate family members of a victim who died or was rendered incompetent as a result of the offense or who was under 18 years of age at the time of the offense.        "Violent crime" means a forcible felony, as defined in Iowa Code section 702.11, and includes any other felony or aggravated misdemeanor which involved the actual or threatened infliction of physical or emotional injury on one or more persons.    20.15(2)   A victim of a violent crime may become registered with the department of corrections which entitles the victim to be notified when the offenderincarcerated individual is to be released in any of the following situations:    a.    Work release.Approximate date of release and whether the offenderincarcerated individual is expected to return to the community where the victim resides will be provided.    b.    Furlough.Date of leave, date of return and whether the offenderincarcerated individual is expected to return to the community where the victim resides will be provided.    c.    Escape.Date of escape will be provided.    d.    Expiration of sentence.Date of discharge from an institution will be provided.    e.    Recommendations for parole.The institution has submitted a recommendation for parole.    f.    Parole.Approximate date of release and whether the offenderincarcerated individual is expected to return to the community where the victim resides.    20.15(3)   Rescinded IAB 3/20/91.    20.(4) 20.15(3)   A victim will become registered upon official request by the county attorney to the Director, or designee, Iowa Department of Corrections, Capitol Annex, 523510 East 12th Street, Des Moines, Iowa 50319.    20.(5) 20.15(4)   Assistance for registering may be obtained through the county attorney orby contacting thedepartment of corrections, director of correctionsvictim programs, at (515)281-4811(515)725-5701.    20.(6) 20.15(5)   All information with regard to a registered victim will be kept confidential.    20.(7) 20.15(6)   A registered victim is responsible for notifying the department of corrections of address or telephone changes.    20.(8) 20.15(7)   Registered victims of the Iowa board of parole may attend hearings in accordance with the following rules:    a.    Registered victims by the parole board have the right to appear at the offender(s) parole/work release hearingof the incarcerated individual(s) either personally or by counsel.    b.    The parole board notifies victims of any scheduled parole/work release hearings where the board will interview the offenderincarcerated individual not less than 20 days prior to the hearing.    c.    The parole board notification will request any victim(s) planning to attend a hearing to notify the warden/superintendentwarden of the intention to attend prior to the hearing.    d.    A victim may only be denied attendance when, in the opinion of the warden/superintendentwarden or designee, the victim(s) presents a threat to the security and order of the institution.    e.    If a victim is denied attendance at a hearing, the parole board shall be notified immediately.    f.    The security director or designee should consider separation ofthe victim(s) and family/friends in attendance at the same hearing. If there are any signs of conflict between victimsthe victim(s) and family/friends of offendersincarcerated individuals, the victimsvictim(s) shall be escorted out of the institution to avoid an unsupervised contact situation on institution grounds.       This rule is intended to implement Iowa Code section 910A.9.

    ITEM 31.    Amend rule 201—20.17(904) as follows:

201—20.17(904) Institutional community placement.      20.17(1) Home care program.  This program allows for selected offendersincarcerated individuals to be released from institutional confinement for a set period of time for the purpose of caring for the offender’sincarcerated individual’s immediate family. Release may be to a community correction residential facility/halfway house or to the offender’sincarcerated individual’s home, home of an immediate family member, or other approved arrangements, provided the living environment is suitable to institutional requirements. Release may be for a set number of hours or days as appropriate.    a.    Eligibility criteria.    (1)   The offenderincarcerated individual must be the natural parent or legal guardian of the child/children.    (2)   The offenderincarcerated individual must show cause that this program can provide more suitable care than the present living situation of the child/children.    (3)   The child/children must be minor(s).    (4)   The offenderincarcerated individual must have been the primary caretaker of the child/children prior to incarceration.    (5)   Investigating staff must be able to confirm that the offenderincarcerated individual had satisfactorily served this care prior to incarceration.    (6)   The proposed living arrangements shall provide a suitable environment for the offenderincarcerated individual and dependents.    (7)   The physical structure of the residence shall provide for adequate space, meet sanitary, health and safety requirements, and be in good repair. A functional telephone must be maintained in the residence at all times.    (8)   It will be verified that the offenderincarcerated individual, including spouse or immediate family member living at the same residence, can and will provide adequate support towards the child, children, or other dependent. Eligibility requirements for assistance through the department of human services programs (FIP, food stamps, etc.) will be verified prior to final approval.    (9)   It will be verified that the offenderincarcerated individual or immediate family living at the residence can provide adequate transportation or that public transportation is available.    (10)   Adequate support services (medical, psychological, educational, as well as other treatment programs) must be arranged and available to both the offenderincarcerated individual and dependents.    (11)   Dependent care for an adult member of the offender’sincarcerated individual’s immediate family must include a medically documented need with periodic supervision or other approved arrangements by a health-trained professional.    b.    Requirements.    (1)   Education/employment/child care/adult dependent care. Where all dependents are involved in full-time school, participation in an educational or employment program may be required of the offenderincarcerated individual. Where such dependents are not yet in school, child care may be considered as full-time employment.    (2)   Child care/adult dependent care. Child care shall be provided in the home. Therefore, the residence will be considered as the designated place of assignment. Deviations from same shall be reported to staff in advance.    20.17(2) Work program—eligibility criteria.  This program allows for selected offendersincarcerated individuals to be released from institutional confinement for a period of time for gainful employment in the community. The program may also include placement in a community corrections residential facility/halfway house, or to the offender’sincarcerated individual’s home, home of an immediate family member, or other approved arrangements, provided the living environment is suitable to institutional requirements. Release may be for a set number of hours or days as appropriate.    a.    The offenderincarcerated individual must show a substantial need and interest for participation in the program.    b.    The offenderincarcerated individual must seek and apply for employment through established procedures of the furlough program or through institutional correspondence, telephone, or visiting procedures.    c.    Suitable employment and verification must be obtained by staff prior to consideration.    20.17(3) Educational program—eligibility criteria.  This program allows for selected offendersincarcerated individuals to be released from institutional confinement for a period of time for educational opportunities in the community. This program may also include placement in a community corrections residential facility/halfway house or to the offender’sincarcerated individual’s home, home of an immediate family member, or other approved arrangements, provided the environment is suitable to institutional requirements. Release may be for a set number of hours or days as appropriate.    a.    The offenderincarcerated individual must show a substantial need and interest for participation in the program.    b.    The offenderincarcerated individual must seek educational opportunities and financial support through established procedures of the furlough program or through institutional correspondence, telephone, or visiting procedures (financial arrangements can only include family support or grants). Educational loans or loans of any type will not be allowed while on institutional count. Additional community corrections restriction may apply while under community supervision.    20.17(4) General requirements for all three programs.      a.    Participation in any of these programs at any level is a privilege, not a right, of which participating offendersincarcerated individuals are subject to and held accountable for all provisions of this policy as well as the specific program plan.    b.    Institutional progress and recommended program participation must reflect an average or above rating.    c.    OffendersIncarcerated individuals must be furlough-eligible in accordance with furlough eligibility standards in DOC policy IS-RL-04 and administrative rule 20.12(904)201—20.12(904).    d.    If applicable, community corrections residential/halfway house rules and regulations will apply as well as institutional rules including all program plan rules.    e.    Local authorities will be contacted to determine possible concerns (correctional services, county attorney, law enforcement).    f.    The offenderincarcerated individual may be required to submit to periodic or regular U.A. Testing (this procedure may be completed at any correctional institution, community corrections facility/office, or at the residence).    g.    All activity will be monitored by community corrections staff and institutional staff as agreed.    h.    All employment and educational earnings, less payroll deductions including education grants and expenses, shall be surrendered to the residential facility/halfway house staff according to established procedures or to the institution business manager, whichever applies, according to the program plan. Employment earning deductions will be prioritized in accordance with Iowa Code section 904.905 for all levels of placement.    i.    Contact frequency. A minimum of one home visit and one other face-to-face contact per month is required of staff. Furthermore, a sufficient number of collateral contacts will be made each month to ensure that the offenderincarcerated individual is meeting requirements of the program plan.    j.    Special needs. In situations where offendersincarcerated individuals or the family have special needs, a case planning system shall be incorporated to address needs, capabilities, and specific goals. Special attention shall be given to past or immediate problems.    k.    Travel. Supervisory staff may grant permission for travel within the state. Standard policy will apply to out-of-state travel.    l.    Temporary absence. OffendersIncarcerated individuals may temporarily leave the residence for necessary purposes such as shopping, religious services, family recreation, medical appointments, employment, etc., as indicated on the plan.    20.17(5) Application procedures.      a.    Applications must be made to the present institutional classification committee (utilizing Form 1).    b.    The application must contain all pertinent information and resources for the requested program.    c.    The classification committee shall review each case considering all standards and criteria.    d.    The classification committee’s recommendation must be approved by the warden/superintendentwarden.    e.    If approved by the warden/superintendentwarden, the recommendation and all pertinent information shall be forwarded to theinstitutional deputy director for final approval.    f.    If the recommendation is approved by theinstitutional deputy director, the offenderincarcerated individual must agree to abide by all rules established in the program plan including institutional rules and community corrections rules as well as all local, state, and federal laws.    g.    Each level of review has the authority to deny the application or to make changes in the program plan including level of placement, i.e., institutional, residential/halfway house, home, as well as electronic monitoring devices.    h.    OffendersIncarcerated individuals placed in any of these programs will not be relieved of paying restitution or any other financial obligation as required by the court or institution.    20.17(6) Violations.      a.    Violation of any rule set forth in the program plan including any additional rules set forth by any authority listed in this policy may constitute the revocation of participation in either program at any level.    b.    Revocation may also occur for improper care of children or dependents, inadequate earnings, failure to maintain employment or unacceptable employment conduct, rule violations, or failure to meet program expectations.    20.17(7) Program activity.  This rule does not create any liberty interest in the offender’sincarcerated individual’s continued participation in any of the programs at any level listed under this rule, and the department of corrections or its designee(s) reserves the right to revoke, suspend, or limit/restrict program activity from the listed programs for any reason, without hearing.    20.17(8) Waiver of liberty interests.  As a condition for an offenderincarcerated individual to participate in any of the programs at any level listed under this rule, the offenderincarcerated individual must voluntarily waive any and all liberty interests to a hearing should the department exercise its right to revoke, suspend or limit/restrict program activity. This waiver must be signed prior to an offender’sincarcerated individual’s acceptance into a program. The signed waiver shall remove any and all rights to due process should the department exercise its right to revoke, suspend or limit/restrict program activity.       This rule is intended to implement Iowa Code section 904.910.

    ITEM 32.    Rescind and reserve rule 201—20.18(904).

    ITEM 33.    Amend rule 201—20.20(904) as follows:

201—20.20(904) OffenderIncarcerated individuals’ telephone commissions.      20.20(1) Definitions.          "Corrections board" means the department of corrections board.        "Deputy directorFinancial manager of administration" means the person responsible for budgeting and planning.        "Director" means the chief executive officer of the department of corrections.        "Regional deputyDeputy directorof institutions" means the person responsible for regional operation of both institution and community corrections services in either the eastern or western portions of Iowa.        "Warden/superintendentWarden" means the chief executive officer of the institution or correctional facility.    20.20(2) Deposit of funds.  The department of corrections shall deposit and account for all telephone commissions in a clearing account withinthe central office. The deputy directorfinancial manager of administration will determine commissions generated by each institution, based on a report from the vendor, for deposit in the institution’s offender telephone rebate fundfor incarcerated individuals.    20.20(3) Request for funds.  Each warden/superintendentwarden will determine recurring needs and special projects and submit a written proposal to the respective regional deputy director of institutions for all expenditures and encumbrances.    20.20(4) Review and approval of expenditures.  The regional deputy director of operations and the deputy directorfinancial manager of administration will review the proposals for a quarterly presentation by the director to the corrections board for approval. The director will notify the chairpersons and ranking members of the justice system’s appropriations subcommittee of the proposals prior to the corrections board approval. All expenditures and encumbrances shall require prior approval from the corrections board and the respective regional deputy director of operations. Institutions shall not be allowed to encumber or expend funds without approval. Revenues generated by telephone commissions at each institution shall be used to determine the availability of funds for each project.    20.20(5) Permitted expenditures.  The director shall advance to the corrections board for approval only projects that benefit offendersincarcerated individuals. Expenditures may include, but are not limited to, projects that provide educational, vocational or recreational services or projects, or work or treatment programs for offendersincarcerated individuals. Expenditures may also be used to initiate new programs, services, or projects. Institutions shall give spending priority to programs, services, and projects that promote the health and welfare of offendersincarcerated individuals.       This rule is intended to implement Iowa Code section 904.508A.

    ITEM 34.    Amend rule 201—38.2(692A,903B) as follows:

201—38.2(692A,903B) Electronic monitoring.  It is the intent of the Iowa department of corrections that the electronic monitoring system (EMS) shall be used to enhance public safety. Appropriate levels of EMS should be used to verify the location and restrict the movement of sex offenders based upon a validated risk assessment, the sex offender’s criminal history, progress in treatment and supervision, and other relevant factors. EMS is additionally governed by the provisions of department of corrections policy OP-SOP-06.    38.2(1) Definitions.          "Electronic monitoring system" "EMS" is a term used collectively for technology that determines the location of offendersclients who have restricted movement while being supervised in their respective community. EMS may also incorporate the ability to conduct random substance abuse testing.        "OffenderClient" means a person who is required to register with the Iowa sex offender registry.    38.2(2) Selection of offendersclients for EMS.  All offendersclients on supervision for a current sex offense who are required to be registered as a sex offender under Iowa Code chapter 692A shall be placed on EMS immediately after assignment to supervision. This level may be changed based on risk assessment.    38.2(3) Risk assessment instrument.  All required riskRisk assessmentsused shall be conducted utilizing the risk assessment instruments outlined below asvalidated and approved by the department of correctionswith collaborative input from the judicial districts and other affected stakeholders. The risk assessment should be completed within 30 days prior to the offender’sincarcerated individual’s release from custody or upon the offender’sincarcerated individual’s/client’s placement on probation, parole, or work release.    a.    Static 99—revised.Designed for adult male sex offenders aged 18 and over and juvenile male offenders waived to adult court who have a specific identified victim.    b.    ISORA.Designed for adult male and female sex offenders aged 18 and over who may or may not have a specific identified victim.    c.    Stable 2007.Designed to assess dynamic risk factors for sex offense recidivism for the purpose of treatment, supervision, and monitoring of sex offenders primarily on community correctional supervision.    d.    Level of service inventory—revised.A quantitative risk assessment instrument to determine the offender’s criminogenic risk, programming needs and the required level of service.    38.2(4) Notification of victims.  AThe supervising judicial district department of correctional services shall notify a registered victim regarding a sex offenderwho is convicted of a sex offense against a minorand who is under the supervision of a judicial district department of correctional services of the following:    a.    The beginning date for use of an electronic tracking and monitoring system to supervise the sex offender and the type of electronic tracking and monitoring system used.    b.    The date of any modification to the use of an electronic tracking and monitoring system and the nature of the change.Note: Notification includes the initial notification to victims of the date that an offendera client has been placed on an electronic monitoring device, notification as to the date an electronic monitoring device was changed with greater or less monitoring capabilities (GPS to radio frequency or radio frequency to GPS), and notification as to the date the offenderclient was removed from an EMS.    38.2(5) Additional rules.  The department of public safety’s rules regarding the Iowa sex offender registry are published in 661—Chapter 83.

    ITEM 35.    Amend rule 201—38.4(903B) as follows:

201—38.4(903B) Hormonal intervention therapy.      38.4(1) Affected offendersclients.  All offendersclients convicted of a “serious sex offense” in which the victim was a child who, at the time the offense was committed, was 12 years of age or younger; or offendersclients convicted of a second or subsequent offense may be required to undergo hormonal intervention therapy as ordered by the court or board of parole in accordance with the provisions of 1998 Iowa Acts, Senate File 2398, section 21Iowa Code section 903B.10.    38.4(2) Agency responsibility.  The department of corrections, judicial districts’ departments of correctional services, and the board of parole responsibilities are defined in 1998 Iowa Acts, Senate File 2398, section 21accordance with the provisions of Iowa Code section 903B.10.    38.4(3) Assessment of affected offendersclients.      a.    Psychosexual assessment.A psychosexual assessment shall be conducted on all “affected” offendersclients, as a part of the presentence investigation (PSI) prior to sentencing or upon entry into judicial district department of correctional services supervision or institutional placementif a referral for hormonal intervention therapy is being made.    (1)   The psychosexual assessment shall be conducted by or under the direction of:
  • A licensed psychologist; or
  • A person specifically trained and experienced in the professional administration, scoring and interpretation of psychological tests (graduate level coursework in testing and assessment); or
  • A staff member thatwho meets the experience and educational requirements of the Iowa department of personneladministrative services or Iowa community-based corrections psychologist classification.
  •     (2)   The psychosexual assessment shall include:
  • Tests of emotional and mental stability.
  • I.Q. to measure capability.
  • Measure of denial of deviant sexual characteristics.
  • Plethysmography (optional).
  •     (3)   The assessment shall follow the department of correctionsstatewide standardized format and shall include a determination as to the need and effectiveness of hormonal intervention therapy as well as treatment recommendations.
        b.    Medical assessment.If hormonal intervention therapy is recommended as an appropriate treatment component, the offenderclient shall receive a medical assessment to determine biological factors as related to hormonal intervention therapy.
        38.4(4) Pharmaceuticals and distribution.  The director of corrections may contract the purchase and distribution process to reduce pharmaceutical costs and ensure effective distribution and management of all pharmaceuticals related to the hormonal therapy program.    38.4(5) Educational/treatment programming.      a.    Hormonal intervention therapy is to be utilized in conjunction with a sex offender educational/treatmenttreatment program (SOTP). The offenderclient should be involved in concurrent cognitive-behavioral treatment. In all cases where the treatment plan includes hormonal therapy, the plan shall also include monitoring and counseling.    b.    All institutional or community-based corrections SOTP programsSOTPs shall meet thecurrent Iowa board for the treatment of sexual abusers (IBTSA) standards dated March 2006.    38.4(6) Application of hormonal therapy.      a.    Utilization of hormonal therapy.    (1)   Therapy shall utilize medroxyprogesterone acetate (MPA) or other approved pharmaceutical agents.    (2)   Therapy shall be initiated as soon as reasonably possible after the offenderclient is sentenced.
    1. If the offenderclient is incarcerated within a local jurisdiction (jail, residential facility), the judicial district department of correctional services shall coordinate initiation of treatment prior to the release of the offenderclient from custody.
    2. If the offenderclient is incarcerated within the department of corrections, initiation of treatment shall be determined by department of corrections medical staff.
        (3)   Requests for hormonal therapy by the offenderclient when the aforementioned criteria are not met shall be reviewed for consideration by the agency of jurisdiction.    (4)   At any time during the course of supervision, the agency of jurisdiction may conduct a reassessment to determine if hormonal therapy should be considered or reconsidered as part of the treatment plan.
        b.    Monitoring/termination of hormonal therapy.    (1)   Monitoring. The agency of jurisdiction shall continue to monitor the offender’sclient’s therapy throughout the offender’sclient’s confinement or supervision. The agency of jurisdiction may adjust medication, initiate other medication, or continue prescribed therapy with medical approval.    (2)   Termination. Hormonal therapy may be discontinued only by the medical authority, with consent of the supervising officer. Termination requires a reassessment conclusion that the therapy has been determined ineffective or is no longer necessary.
        38.4(7) OffenderClient fees.  OffendersClients are required to pay a reasonable fee for the costs related to hormonal therapy. OffenderClient fees shall be based on the offender’sclient’s ability to pay as determined by the supervising officestatewide client fee policy.    38.4(8) Maintenance/transfer of records.  OffenderClient file information shall be available and shared upon request between responsible agencies including court of jurisdiction.

        ITEM 36.    Amend 201—Chapter 38, implementation sentence, as follows:       These rules are intended to implement Iowa Code chapterchapters 692A as amended by 2009 Iowa Acts, Senate File 340, and Iowa Code chapter 903B.

        ITEM 37.    Amend rule 201—40.1(905), definitions of “Deputy director” and “Medical practitioner,” as follows:        "Deputy director" shall mean the respective regional deputy directorfor community-based corrections (CBC) of the department of corrections.        "Medical practitioner" means medical doctor, osteopathic physician or physician’s, physician assistantor nurse practitioner.

        ITEM 38.    Amend subrule 40.2(4) as follows:    40.2(4)   The biennial team review shall include a complete review of the following:    a.    District department structure as provided in Iowa Code chapter 905.    b.    Bylaws, policies and procedures of the board and the district department.    c.    Programs mandated by the Code of Iowa and any special programs approved by the department of corrections. Programs shall comply with program specific standards developed and approved by the department of correctionswith collaborative input from the judicial districts and other affected stakeholders, i.e., domestic abuse, sex offender treatment, and intensive supervision program.    d.    Business practices of the district department including the use of acceptable accounting procedures and the receipt and expenditure of funds. Any reports of the office of the state auditor and recommendations contained in those reports, as well as evidence of compliance with those recommendations.    e.    Any regular or special evaluations of the services provided by the district department.The biennial review shall be conducted as provided in the “accreditation standards for community-based corrections” and any program specific standards which shall be open for public inspection at the offices of the department of corrections.A proposed draft of these standards will be made available to the districts 180 days prior to the biennial review. The accreditation and program specificfinal standards, and any changes in the standards, shall be made available to the district departments at least 90 days before the biennial review.

        ITEM 39.    Amend subrule 40.4(12) as follows:    40.4(12)   Through their approval, the director, Iowa department of corrections, and the Iowa corrections board shall ensure that the director of the district department of correctional services, of districts authorized to carry firearms, has written standards and procedures which regulate the safe conveying and use of firearms. The standards shall include, but not be limited to, the following:    a.    Probation/parole officers and reserve peace officers subject to Iowa Code chapter 80D must have successfully completed the Iowa law enforcement academy curriculum prior to receiving authorization to carry a firearm. Probation/parole officers authorized to carry firearms prior to February 9, 2005, will be exempt from this paragraph.    b.    An officer will not be given permission to carry a weapon unless the officer has successfully completed the requirements of Iowa Code chapter 724.    (1)   In addition, the officer must show proficiency in the actual firing of a firearm as required for qualification on a qualified training course firing range.    (2)   Officers holding valid permits to carry firearms shall requalify annually.    c.    Weapons shall not be exhibited or used except in a perilous, life-threatening situation. Drawing, pointing, or discharging a weapon for effect or warning is prohibited.    d.    The judicial district director shall maintain a list of all officers granted permission to carry a weapon. The list shall include the officer’s name, permit number, dates of permit, place and dates of training, and caliber of weapon.    e.    Permission granting an officer the right to carry a judicial district-purchased weapon shall be in writing.    f.    Any officer who discharges a weapon shall submit a written report of the incident through the department of corrections critical incident reporting policy. The judicial district director shall file a report of the incident, the investigation, and the results of the investigation with the regional deputy directorof CBCs within five days of the occurrence.    g.    No officer shall be required to carry a firearm, and such refusal shall not affect job assignments, promotion consideration, or employment possibility.    h.    g.    Firearms shall be secured under lock and key when not in use in a location inaccessible to nonauthorized personnel.

        ITEM 40.    Amend rule 201—40.5(905) as follows:

    201—40.5(905) District director.      40.5(1)   The department shall have procedures governing the personnel employed by the judicial district, and a system of fiscal accountability which assuresensures compliance with the requirements of the department of corrections and the Code of Iowa.    40.5(2)   The director shall acquire current copies ofprovide electronic access to the Code of Iowa and supplements thereof, the Iowa Administrative Code, and applicable federal regulations and shall prepare and maintain current a department of correctional servicespolicies and procedures manual which shall include, but not be limited to, the following:    a.    The written bylaws of the board of directors of the department of correctional services,    b.    All departmental policies and procedures,    c.    Written standard operating procedures governing the staff in the provision of services to clients,    d.    A table of organization reflecting all positions employed within the department of correctional services,    e.    Job descriptions of all positions employed within the department of correctional services,    f.    A current pay plan.    40.5(3)   The department shall ensure that an employee manual is readily accessible to all employees and shall include information which provides necessary guidance for the performance of the duties outlined in the employee’s job description, personnel policies and procedures, and employee rights and responsibilities.    a.    The district department shall have written policies and procedures which ensure that the district complies with the Iowa Division of Labor’s “Right to Know” rules, chapter 140.    b.    The district department shall enter and maintain information required by the department of corrections statewide database applicationcalled the Iowa corrections offender network (ICON). That information will include all details necessary for the department of corrections to generate accurate and timely periodic statistical reports of district department, pretrial release, presentence investigations, field services workloads, residential facility occupancy, and specially funded treatment/monitoring programs. The district department shall devise and implement local policies and procedures to provide adequate training and support of data entry personnel and other end users, regularly audit data entry accuracy and timeliness and correct inaccurate or incomplete information discovered during that auditing process.    40.5(4)   Written procedures shall exist concerning the security, maintenance, accessibility and destruction of case records.    40.5(5)   The director shall ensure that there are written procedures governing the handling and dissemination of client file information, including access by the client, and the confidentiality of client records which comply with applicable state and federal laws.    40.5(6)   The director shall maintain current documentation of inspection reports for all buildings under the director’s purview which shall include when applicable, fire, building and health reports.    40.5(7)   All reports required by the department of corrections shall be prepared and submitted on time in accordance with Iowa Code section 905.7.    40.5(8)   The district department shall establish fiscal procedures in accordance with guidelines established by the department of corrections to ensure that funds generated from programs financed with state moneys or moneys collected by the use of state allocations be identified and expended to offset program costs as described and approved in the state purchase of service contract. All funds received by the district department and their source shall be reported to the department of corrections. All fund balances for the current fiscal year shall be reported by the district departments to the department of corrections on December 31, March 31, and June 30, and for both fiscal years on September 30quarterly on specific due dates. Funds so generated shall be expended during the fiscal year in which they are collected. However, such funds not expended during the fiscal year will be utilized by the judicial district department of correctional services to reduce budget requests for the subsequent fiscal year, with the exception of the discretionary funds identified in the following paragraph. All funds shall be applied as budgeted or be utilized as discretionary program funds with the approval of the department of corrections before applying other funds to an expenditure.Commencing with fiscal year 1987, the district department may apply 50 percent of the growth in local funds earned over the average of the previous two fiscal years to discretionary programs in the following fiscal year with department of corrections approval. Additionally, local funds in excess of 10 percent of the purchase of service contract budget may be applied to discretionary programs by the district department in the following fiscal year with department of corrections approval. The total funds which may be carried over for discretionary purposes and not utilized to reduce the subsequent year’s budget request shall not exceed 1 percent of the district department’s purchase of service contract budget.    40.5(9)   The district director shall administer the community-based corrections personnel classification system established by the district departments and the department of corrections and shall adhere to all salary ranges, policies, and procedures established for the purpose of implementing and maintaining the community-based corrections personnel classification systemmanual.The district director shall administer the collective bargaining contract and adhere to all policies and procedures established by the department of corrections and department of personneladministrative services for contract administration.Employee positions utilized by the district department shall be approved by the district board and the department of corrections through the purchase of service agreement. Any changes in the number and classification of positions authorized in the purchase of service agreement shall be approved by the district board and the department of corrections.    40.5(10)   The district director shall administer preemployment testing to determine the suitability of applicants for corrections positions in district departments of correctional servicesin compliance with the Code of Iowa. Applicants, pursuant to the Code of Iowa, must satisfactorily complete psychological and cognitive testingmental fitness testing as approved by the department of corrections prior to hire. In addition, a background investigation and criminal records check will be completed on all hires.

        ITEM 41.    Amend rule 201—41.1(811,905) as follows:

    201—41.1(811,905) Pretrial services.      41.1(1)   The district department shall designate the staff responsible for providing pretrial interviewsassessments and release with services programs.    41.1(2)   The district department shall establish a system of communications with law enforcement and the judiciary regarding the availability of pretrial services throughout the entire districts.    41.1(3)   The district department shall have policies and procedures assuringensuring daily staff contact withavailability for all jails in the district for the purpose of determining the presence of persons eligible for a pretrial interviewassessment and shall have policy assuringensuring that all eligible persons are provided an interviewassessment without unnecessary delay.    41.1(4)   The district department shall have written policies establishinguniform, validated criteria, as approved by the department of corrections with collaborative input from the judicial districts and other affected stakeholders for screening pretrial release candidates, which require consideration of those items contained in Iowa Code section 811.2.    41.1(5)   The district department shall have written policies and procedures which ensure that a case record is maintained on each active case under supervised release.    41.1(6)   The district department shall have written policies and procedures which establish criteria for reporting violations of conditions of release to the court.    41.1(7)   The district department shall have written policies and procedures governing the supervision of persons released to assureensure that adequate supervision is provided.    41.1(8)   The district department shall have written policies and procedures governing the notification of the agent or agencies responsible for correctional clients who receive pretrial interviewsassessments.    41.1(9)   The district department shall have written policies which establish a grievance procedure for all clients under supervision.

        ITEM 42.    Amend rule 201—41.2(901,905) as follows:

    201—41.2(901,905) Presentence investigation.      41.2(1)   The district department shall be responsible for conducting all presentence investigations ordered by the court.    41.2(2)   The district department shall have written policies and procedures which ensure that all information required by the Code of Iowa is included in the presentence investigation report.    41.2(3)   The district department shall have written policies and procedures which ensure that the presentence investigation report includes an identification of client needs, protective factors and the results of a validated risk assessment as approved by the department of corrections with collaborative input from the judicial districts and other affected stakeholders.    41.2(4)   The district department shall have written policies and procedures which ensure the timely transmittal of the presentence report to the appropriate court official.    41.2(5)   The district department shall have written policies and procedures which ensure the confidentiality of the presentence report in accordance with the Code of Iowa and state regulations, insofar as department handling of the report is concerned.    41.2(6)   The district department shall have written policies and procedures concerning the content of presentence investigations ordered by the judiciary when the offense is a seriousan aggravated misdemeanoror higher.

        ITEM 43.    Amend rule 201—42.1(907,908,910) as follows:

    201—42.1(907,908,910) Probation.      42.1(1)   The district department shall have written policies and procedures which ensure the delivery of probation services throughout the district.    42.1(2)   The district department shall have written policies and procedures which ensure that aan electronic case record is maintained on each client under supervision.    42.1(3)   The district department shall haveuniform written policies and procedures governing the classification and supervision of probationers which is in compliance with the classification system established by the eight district departments and approved by the department of corrections.    42.1(4)   The district department shall haveuniform written policies and procedures which ensure that a case auditing system is developed and utilized according to established auditing standards which shall include a Level of Service Inventory-Revised (LSI-R), CMC/Jesness and Case File Audit System. The district department shallthe useof the statewide case management system to ensureso that offenderclient risk,and criminogenic needsand protective factors are identified and addressed in an effort to lower risk and reduce victimizationusing the approved uniform and validated risk/needs assessment instruments. The system should be designed to focus the majority of resources on moderate- and high-risk offenders and shall include the following elements: ongoing risk and need assessment, responsivity, case planning, case plan follow-up and documentation, transfer of records, staff training, andcontinuous quality assuranceimprovement. Districts shall ensure that all case management staff, i.e., staff whose job duties include administering the LSI-R or using the LSI-R to develop case plans, become certified to administer and score the LSI-R.    42.1(5)   The district department shall have written policies and procedures which establish grievance procedures for all clients under supervision and details a method which ensures that all clients are notified of the procedure.    42.1(6)   The district department shall have written policies and procedures for reporting violations of probation and recommending revocation of probation to the court.    42.1(7)   The district department shall have written policies and procedures for requesting a discharge from probation and shall require a recommendation for discharge when it is clear that the client has met court obligations, is no longer a threat to the community or cannot benefit substantially from further supervision.    42.1(8)   The district department shall have written policies and procedures to assist staff to determine under what circumstances an arrest may be made or a client should be taken into custody.    42.1(9)   The district department shall have written policies and procedures governing the searching of probationers or the searching and seizure of their property which meet the requirements of the court.    42.1(10)   The district department shall have written policies and procedures governing the preparation, submission, review and modification of the restitution plan of payment in accordance with Iowa Code chapter 910.    42.1(11)   The district department shall have written policies and procedures governing the preparation, submission, review and modification of the plan of community service in accordance with Iowa Code chapters 907 and 910.    42.1(12)   The district department shall establish conditions of probation which meet the approval of the chief judge of the judicial district, which apply to each person under probation supervision, and shall have written procedures for assuring that each client receives those conditions in writing which include written documentation of receipt by the probationer.    42.1(13)   The district department shall have written policies and procedures governing the preparation, submission, review, modification, collection and retention of supervision enrollment fees, in accordance with Iowa Code section 905.14. Payments shall be made directly to the supervising judicial district department.    42.1(14)   The district department shall have written policies and procedures governing the waiver of collection of supervision enrollment fees for persons determined to be unable to pay, in accordance with Iowa Code section 905.14.    42.1(15)   The district department shall have written policies and procedures governing the collection and retention of supervision enrollment fees for persons transferring to another judicial district. Fees will be collected and retained by the supervising judicial district department.    42.1(16)   The district department shall have written policies and procedures governing the collection of supervision enrollment fees for persons who receive additional supervisions.    42.1(17)   The district department shall have written policies and procedures to prevent the transmission of contagious infectious disease in compliance with Iowa Code section 905.15.       This rule is intended to implement Iowa Code chapters 905 and 907 and sections 908.11 and 910.5.

        ITEM 44.    Amend rule 201—43.1(905,907,908,910) as follows:

    201—43.1(905,907,908,910) Residential facilities.      43.1(1)   The facility shall admit residents only on an order of thein accordance with the correctional continuum, court or in accordance with aorder, release order from board of parole, or purchase of service agreement contract with the department of corrections, federal correctional agencies or a county board of supervisors.    43.1(2)   At the time of intake, the facility staff shall discuss with each resident, program goals, services available, rules governing conduct in the facility, disciplinary procedures, client fiscal management and residents’ rights,and communication privilegesand all federal Prison Rape Elimination Act (PREA) orientation and education standards and shall obtain written documentation from the resident that these matters were discussed.    43.1(3)   The district department shall have written policies and procedures governing when and how a resident’s property is inventoried and recorded, and the same shall be utilized for all residents.    43.1(4)   The district department shall have written policies and procedures which ensure a case record is maintained on each resident of the facility.    43.1(5)   The district department shall have written policies and procedures which ensure that an individual case plan is maintained on each resident which includes an assessment of client needs and resources utilized to meet those needs.    43.(6) 43.1(5)   The district department shall have written policies which establish facility rules, possible sanctions, and appeal proceduresand PREA standards that comply with all federal standards for all residents.    43.(7) 43.1(6)   The district department shall have written policies which establish a grievance procedure for residents which applies to activities other than disciplinary action.    43.(8) 43.1(7)   The district department shall have written policies and procedures establishing criteria governing the use of and reporting of the use of physical force by facility staff which conform to appropriate statutes or regulations.    43.(9) 43.1(8)   The district department shall have written policies and procedures for searching residents and their property and for seizure of resident property or contraband.    43.(10) 43.1(9)   The district department shall have a written policy which ensures that at least one staff member is awake, dressed, in the facility, and readily available to residents 24 hours a day. Facility staff shall know the whereabouts of all residents.    43.(11) 43.1(10)   The district department staff shall assureensure the provision and maintenance of a safe environment for the residents, including compliance with fire, building, health, and safety regulations or standards applicable in the local jurisdiction.    43.(12) 43.1(11)   Infectious disease.    a.    In compliance with Iowa Code section 905.15, the district department shall have written policies and procedures to prevent the transmission of contagious infectious disease, including notification to facility personnel if any person committed to the facility is found to have a contagious infectious disease.    b.    The district department shall providerefer for a medical examination of any resident suspected of having a communicable disease, which safeguards both residents and employees. Employees who contract a communicable disease, except common colds, should not be permitted to work in a facility until the danger of contagion is ended. For purposes of this rule, communicable disease shall mean any disease which is transmittable from one person to another and is either temporarily or permanently debilitating.    43.(13) 43.1(12)   The district department shall have written policies and procedures which govern the medical care of residents in case of emergencies, sudden illnesses, or accidents.    43.(14) 43.1(13)   The district department shall have written policies and procedures governing the method of handling prescription and nonprescription drugs.    43.(15) 43.1(14)   The district department shall havewritten policies and procedures which assureensure that all residents have access to three meals a day during the week and two meals on weekend days and that meals provided at the facility meet recognized minimum daily nutritional requirements.    43.(16) 43.1(15)   The district department shall have written policies which ensure that if food service is provided, all facilities including kitchen equipment and food handlers comply with applicable health and safety laws and regulations as evidenced by a certificate of rating from the Iowa department of agricultureand land stewardship or local restaurant inspection unit.    43.(17) 43.1(16)   The district department shall have written policies and proceduresthat are consistent with risk reduction for recommending theremoval and revocation of resident status at the facility.    43.(18) 43.1(17)   The district department shall have written policies and procedures for discharge from the facility and which require a recommendation for discharge when it is clear that the resident has met the requirements of the court, is no longer believed to be a threat to the community, or cannot benefit substantially from further supervision.    43.(19) 43.1(18)   The district department shall have written policies and procedures which ensure that a case auditing system is developed and utilized according to established auditing standards which shall include a Level of Service Inventory-Revised (LSI-R), CMC/Jesness and Case File Audit System. The district department shallthe useof the statewide case management system to ensureso that offenderclient risk,and criminogenic needsand protective factors are identifiedusing the approved uniform and validated risk/needs assessment instruments andare addressed in an effort to lower risk and reduce victimization. The system should be designed to focus the majority of resources on moderator-moderate-and high-risk offendersclients and shall include the following elements: ongoing risk and need assessment, responsivity, case planning, case plan follow-up and documentation, transfer of records, staff training, andcontinuous quality assuranceimprovement. Districts shall ensure that all case management staff, i.e., staff whose job duties include administering the LSI-R or using the LSI-R to develop case plans, become certified to administer and score the LSI-R.    43.1(20)   Rescinded IAB 12/8/04, effective 1/12/05.       This rule is intended to implement Iowa Code section 907.3 and chapters 905, 908 and 910.

        ITEM 45.    Amend rule 201—44.1(904) as follows:

    201—44.1(904) Administration.      44.1(1) Supervision.  Persons committed to the director of the department of corrections and approved for work release by the board of parole shall be supervised and housed by the judicial district departments of correctional services in accordance with the purchase of service agreement between the district departments and the department of corrections.    44.1(2) Facility requirements.      a.    The facility staff shall assureensure the provision and maintenance of a safe environment for the residents. Each facility shall comply with fire, building, health and safety regulations or standards applicable in the local jurisdiction.    b.    The district department shall have written policy which ensures that at least one staff member is awake, dressed and readily available to residents 24 hours a day in each work release facility.    c.    The district departments shall have written policies which establish facility rules, possible sanctions and appeal procedures for all residents.    d.    The district departments shall have written policies and procedures for searching work release residents and their property and for seizure of resident property or contraband.    e.    The district departments shall have written policies and procedures which conform to appropriate statutes and regulations governing and reporting the use of physical force by work release facility staff.    f.    The district departments shall have uniform written policies and procedures for the inventory and recordingcontrol of a work release resident’s property.    g.    District department staff shall not purchase, directly or indirectly, property or services belonging to or being sold by any person under supervision except as specifically allowed under department of corrections policy.    h.    The district departments shall have written policies which establish a grievance procedure for work release residents for activities other than disciplinary action.    i.    The district departments shall have written policies and procedures which establish compliance with all federal PREA standards.    44.1(3) Admission.      a.    The district departments shall admit residents in accordance with a contractthe purchase of service agreement with the department of corrections or federal correctional agencies.    b.    At the time of intake, the facility staff shall discuss with each resident program goals, services available, rules governing conduct in the facility, disciplinary procedures, client fiscal management and residents’ responsibilities, rights,and communication privileges, and all federal PREA orientation and education standards and shall obtain written documentation from the resident that these matters were discussed.    44.1(4) Earned time.  Earned time shall be awarded in accordance with department of corrections policy.    44.1(5) Records.      a.    The district department shall maintain records for state work release clients as required by the department of corrections.    b.    The district departments shall maintain a case record for each client under supervision which shall include, when applicable, the following: (1) Identification data, (2) institutional information packet, (3) case plan, (4) restitution plan, (5) work release plans, (6) chronological recordsgeneric notes, (7) disciplinary reports, (8) hold orders, (9) transfer reports, (10) parole progress reports, (11) signed release of information forms, (12) inventory sheets, and (13)(12) discharge reports.Written procedures shall exist at the facility concerning the security, maintenance, accessibility, closure and destruction of said case records.    c.    The district department shall haveuniform written policies and procedures which ensure that a case auditing system is developed and utilized according to established auditing standards which shall include a Level of Service Inventory-Revised (LSI-R), CMC/Jesness and Case File Audit System. The district department shallthe useof the statewide case management system to ensureso that offenderclient risk,and criminogenic needsand protective factors are identifiedusing the approved uniform and validated risk/needs assessment instruments andare addressed in an effort to lower risk and reduce victimization. The system should be designed to focus the majority of resources on moderate- and high-risk offendersclients and shall include the following elements: ongoing risk and need assessment, responsivity, case planning, case plan follow-up and documentation, transfer of records, staff training, andcontinuous quality assuranceimprovement. Districts shall ensure that all case management staff, i.e., staff whose job duties include administering the LSI-R or using the LSI-R to develop case plans, become certified to administer and score the LSI-R.    d.    The district department shall have written policies and procedures which ensure that a case auditing system is developed and utilized according to established auditing standards which shall include the CMC Audit System and a Case File Audit System.

        ITEM 46.    Amend rule 201—44.2(904) as follows:

    201—44.2(904) Provision of services.      44.2(1) Contingency plan.  The district department shall have contingency plans that will ensure proper continuation of the program in the event of an emergency.    44.2(2) Food service.      a.    The district department shall have policies and procedures which assureensure that all work release residents have access to three meals a day during the week and two meals on weekend days and that meals provided at the work release facility meet recognized minimum daily nutritional requirements.    b.    The district department shall have written policies which ensure that if food service is provided, all facilities including kitchen equipment and food handlers comply with applicable health and safety laws and regulations as evidenced by a certificate of rating from the Iowa department of agricultureand land stewardship or local restaurant inspection unit.    44.2(3) Medical service.      a.    The district department shall providerefer for a medical examination of any work release resident suspected of having a communicable disease, which safeguards both residents and employees. Employees who contract a communicable disease, except common colds, should not be permitted to work in a facility until the danger of contagion is ended. For purposes of this rule, communicable disease shall mean any disease which is transmittable from one person to another and is either temporarily or permanently debilitating.    b.    The district department shall have written policies and procedures which govern the medical care of work release residents in case of emergencies, sudden illnesses, accidents, or death.    c.    The district department shall have written policies and procedures governing the method of handling prescription and nonprescription drugs.    d.    All personnel shall furnish a statement from a valid medical practitioner or registered nurse prior to starting employment, stating that they are in good health, able to perform the duties required and free from any communicable disease that could reasonably be determined to represent a public health hazard.In compliance with Iowa Code section 905.15, the district department shall have written policies and procedures to prevent the transmission of contagious infectious disease. Notification to facility personnel is required if any person committed to the facility is found to have a contagious infectious disease.    44.2(4) Visitation.  The district department shall havewritten policies and procedures which provide for visitation, but visiting privileges may be limited to the extent necessary for security and management reasons.    44.2(5) Transportation.  District department staff may provide transportation for residents in order to facilitate program objectives or to transport residents for security purposes.

        ITEM 47.    Amend rule 201—44.3(910) as follows:

    201—44.3(910) Restitution.      44.3(1) Restitution plan of payment.  ThereThe district departments shall be ahave a policy and procedure for restitution plan of payment developed on those work releasees who have been court ordered to pay restitution unless the court ordered restitution plan of payment has been completed. Factors which must be considered in developing the restitution plan of payment are:The restitution policy and procedure shall be administered in accordance with local judicial procedure and the Code of Iowa.    a.    Present income/employment    b.    Physical/mental health    c.    Education    d.    Financial situation    e.    Family circumstancesThe district department shall have written policies and procedures governing the development and modification of the restitution plan of payment. Final approval of the restitution plan of payment shall be by the district director.The approved restitution plan of payment shall be forwarded to the appropriate clerk of court by the district department or to the person responsible for collection if collections are performed by the district department.    44.3(2) Compliance.      a.    The work releasee shall submit payments in a timely manner to the clerk of court or district department.    b.    If payments are made to the clerk of the district court, the work releasee shall provide the district department proof of payments.    c.    The district department willshall provide statements to the appropriate clerks of court when community service is ordered in lieu of financial restitution.

        ITEM 48.    Amend rule 201—44.6(904) as follows:

    201—44.6(904) Violations.      44.6(1) Preplacement violations.  When disciplinary problems occur with residents who have been approved for work release but not yet placed, designated staff shall determine whether or not the situation is serious enough to warrant further review by the board of parole. Designated staff herein shall mean authorized persons from the judicial district department of correctional services, the community services division or the sending institution.    44.6(2) Postplacement violation.  Work release violations may be classified as technical, minor, or major in accordance with state policy depending on the seriousness and frequency. Such classification shall determine the sanction or range of sanctions to correspond with the violation(s).    44.6(3) Request for temporary custody.  Requests for temporary custody in a county jail or municipal holding facility may be issued by an authorized staff person of the district department of correctional services, in those cases where the resident is considered dangerous, likely to flee or in serious violation of the work release program. The requests shall be consistent with department of corrections policy.    44.6(4) Out of place/escape.  Residents who are out of place of assignment are considered in serious violation of work release rules and possibly guilty of a felony under Iowa Code section 719.4. Escapes shall be reported to designated authorities in accordance with department of corrections work release policy and critical incident policy.    44.6(5) Reimbursement for transportation.  Transportation costs incurred due to a work releasee escaping or absconding shall be assessed against the work releasee. The amount of reimbursement shall be the actual cost incurred by the department of corrections or the judicial district department and shall be credited to the support of correctional services account from which the billing occurred. Actual cost shall mean the following:
    1. Actual salary, to include overtime, of all personnel required to return the work releasee.
    2. Actual personal expenses of personnel involved.
    3. Ground mileage at the rate paid to state employees.
    4. Actual cost of any common carrier fare for personnel and the work releasee. Air fare shall be booked at regular coach.
        44.6(6) Transfer hearings.  The district department shall petition the state department of corrections for a transfer review on residents guilty of serious work release violations. Designated state staff shall determine whether or not the resident is to be transferred to a secure institution.    44.6(7) Special transfers.  Transfers from one facility to another or from a facility to thea designated Iowa medical and classification center may be allowed in special circumstances with the approval of the department of corrections.

        ITEM 49.    Amend rule 201—44.9(904,910) as follows:

    201—44.9(904,910) Home work release.  Pursuant to Iowa Code section 904.901, home work release provides the opportunity in exceptional circumstances for qualified offendersclients of correctional institutions to return to their homes and care for dependent children under the age of 18.    44.9(1) Administration.      a.    Supervision.Persons committed to the director of the department of corrections and approved for home work release by the board of parole shall be supervised by the judicial district departments of correctional services in accordance with contractual provisions between the district departments and the department of corrections.    b.    Housing requirements.The physical structure shall provide for adequate space, meet basic sanitary requirements and be in good repair. A functional telephone will be maintainedavailable to the client in the residence at all times. The residence shall not be occupied by persons outside the nuclear family except in rare instances where financial considerations are a factor and prior approval has been granted by the board of parole or the deputy director.    c.    Admission.    (1)   The district departments shall assume supervision of home work releasees in accordance with a contract with the department of corrections or federal correctional agencies.    (2)   At the time of supervision, the staff shall discuss with each home work releasee program goals, services available, rules governing conduct, disciplinary procedures, the home work releasee’s fiscal management, responsibilities, rights and communication privileges and shall obtain written documentation from the home work releasee that these matters were discussed.    d.    Travel.Supervisory staff may grant permission for travel within the state. Standard policy will apply to out-of-state travel.    e.    Earned time.Earned time shall be awarded in accordance with department of corrections policy.    f.    Records.    (1)   The district department shall maintain records for state home work release clients as required by the department of corrections.    (2)   The district department shall maintain a case record for each home work releasee under supervision which shall include, when applicable, the following:
    1. Identification date,
    2. Institutional information packet,
    3. Case plan,
    4. Restitution plan,
    5. Work release plans,
    6. Chronological recordsGeneric notes,
    7. Disciplinary reports,
    8. Hold orders,
    9. Transfer reports,
    10. Parole progress reports,
    11. Signed release of information forms,and
    12. Inventory sheets, and
    13. 13Discharge reports.
    The district department shall have written procedures concerning the security, maintenance, accessibility, closure and destruction of said case records.
        (3)   The district departments shall have written policies and procedures which ensure that an individual case plan is maintained on each work release resident which includes ana uniform, validated assessment of client needsrisk, protective factors, and resources utilized to meet those needs.
        44.9(2) Restitution.      a.    Restitution plan of payment.There shall be a restitution plan of payment developed on those home work releasees who have been court ordered to pay restitution unless the court ordered restitution plan of payment has been completed. Factors which must be considered in developing the restitution plan of payment are present income, employment, physical and mental health, education, financial situation and family circumstances.The district department shall have written policies and procedures governing the development and modification of the restitution plan of payment. Final approval of the restitution plan of payment shall be by the district director.The approved restitution plan of payment shall be forwarded to the appropriate clerk of court by the district department or to the person responsible for collection if collections are performed by the district department.    b.    Compliance.    (1)   The home work releasee shall submit payments in a timely manner to the clerk of court or the district department.    (2)   If payments are made to the clerk of the district court, the home work releasee shall provide the district department proof of payments.    (3)   The district department will provide statements to the appropriate clerks of court when community service is ordered in lieu of financial restitution.    44.9(3) Home work releasee finances.  The home work releasee shall assume total financial responsibility, including medical expenses, for theirreleasee care and the care of theirthe releasee’s minor dependent children. Neither the department of corrections nor the district department shall incur any expense on the part of the home work releasee or dependents.    44.9(4) Violations.      a.    Preplacement violations.When disciplinary problems occur with offendersclients who have been approved for home work release but not yet placed, designated staff shall determine whether or not the situation is serious enough to warrant further review by the board of parole. Designated staff herein shall mean authorized persons from the judicial district department of correctional services, the community services division or the sending institution.    b.    Postplacement violation.Work release violations may be classified as technical, minor, or major in accordance with state policy depending on the seriousness and frequency. Such classification shall determine the sanction or range of sanctions to correspond with the violation(s).    c.    Requests for temporary custody.Requests for temporary custody in a county jail or municipal holding facility may be issued by an authorized staff person of the district department of correctional services, in those cases where the home work releasee is considered dangerous, likely to flee or in serious violation of the work release programand shall be consistent with department of corrections policy.    d.    Out of place/escape.Home work releasees who are out of place of assignment are considered in serious violation of work release rules and possibly guilty of a felony under Iowa Code section 719.4. Escapes shall be reported to designated authorities in accordance with department of corrections work release policy.    e.    Reimbursement for transportation.Transportation costs incurred due to a home work releasee escaping or absconding shall be assessed against the home work releasee. The amount of reimbursement shall be the actual cost incurred by the department of corrections or the judicial district department and shall be credited to the support of correctional services account from which the billing occurred. Actual cost shall mean the following:    (1)   Actual salary, to include overtime, of all personnel required to return the work releasee.    (2)   Actual personal expenses of personnel involved.    (3)   Ground mileage at the rate paid to state employees.    (4)   Actual cost of any common carrier fare for personnel and the home work releasee. Air fare shall be booked at regular coach.    f.    Transfer hearings.The district department shall petition the department of corrections for a transfer hearing on home work releasees found guilty of serious work release violations. The hearing officer shall determine whether or not the home work releasee is to be transferred to the designated security institution.    g.    Special transfers.Transfers to another residential facility or to an institution may be allowed in special circumstances with the approval of the department of corrections.    44.9(5) Discharge.  Under no circumstances shall home work release supervision extend beyond the expiration of a home work releasee’s sentence.

        ITEM 50.    Amend rule 201—45.1(906) as follows:

    201—45.1(906) Administration.      45.1(1) Supervision.  Persons committed to the director of the department of corrections and granted parole by the Iowa board of parole shall be supervised by the judicial district departments of correctional services. The district departments shall impose conditions of parole as contained in rule201—45.2(906).    45.1(2) Effective date/parole agreement.      a.    Parole is effective only upon the acceptance of the terms of parole as evidenced by the signing of the standard parole agreement form by the parolee before a district department employee. In the event that emergency procedures are effected to reduce the institutional population, institutional staff shall authorize a temporary agreement by having the offender sign the standard form prior to leaving the institution. The temporary agreement shall be forwarded to the supervising parole agent who may revise the agreement in accordance with rule 45.2(906). The parole agreement shall be issued only upon the written order of the board of parole and shall not be issued prior to the establishment of an approved parole plan. The parolee may not be released on parole prior to the execution of the parole agreement. The parole agreement shall contain the conditions of parole pursuant to rule201—45.2(906) and shall contain the parolee’s reporting instructions.    b.    The district department shall have writtenuniform policies and procedures which ensure that a case auditing system is developed and utilized according to established auditing standards which shall include a Level of Service Inventory-Revised (LSI-R), CMC/Jesness and Case File Audit System. The district department shallthe useof the statewide case management system to ensureso that offenderclient risk,and criminogenic needsand protective factors are identifiedusing the approved uniform and validated risk/needs assessment instruments andare addressed in an effort to lower risk and reduce victimization. The system should be designed to focus the majority of resources on moderate- and high-risk offendersclients and shall include the following elements: ongoing risk and need assessment, responsivity, case planning, case plan follow-up and documentation, transfer of records, staff training, andcontinuous quality assuranceimprovement. Districts shall ensure that all case management staff, i.e., staff whose job duties include administering the LSI-R or using the LSI-R to develop case plans, become certified to administer and score the LSI-R.    c.    The district department shall have written policies and procedures to ensure the delivery of parole services which are consistent with statewide policy and expectations.     45.1(3) Earned and honor time.  Earned and honor time shall be awarded in accordance with department of corrections policy.    45.1(4) Furlough.  Parolees may be granted a community placement furlough to their prospective parole area upon request by the assigned supervising parole officer pursuant to 201—subparagraph 20.12(5)“b”(2). The district departments shall have written policy and procedures on furloughs.    45.1(5) Parole release funds.  OffendersClients approved for parole will receive clothing or a clothing allowance, money and transportation in accordance with the provisions of Iowa Code section 906.9.    45.1(6) Medical services.  The district department shall have written policies and procedures which govern the medical care of parolees in case of emergencies, sudden illnesses, accidents, or death.    45.1(7) Pharmaceuticals.  Except in an emergency pursuant to Iowa Code section 613.17, the district department personnel shall not administer or dispense any prescription drugs, including antabuse, to parolees.    45.1(8) Grievance procedure.  The district department shall have a written grievance procedure for all parolees which shall include the method by which all parolees are notified of the procedure.    45.1(9) Parole relief fund.  Rescinded IAB 10/2/91, effective 9/13/91.

        ITEM 51.    Amend rule 201—45.2(906) as follows:

    201—45.2(906) Conditions of parole.      45.2(1) Standard conditions.  The following are standard conditions of parole supervision applicable to all parolees.The district department shall have all persons on parole sign conditions of parole that are consistent with the standard conditions as established and approved by the board of parole. Standard conditions are applicable to all parolees.    a.    The parolee shall obey all federal, state and local laws and ordinances.    b.    In the event of any arrest or citation, the parolee shall notify the district department of the arrest or citation within 24 hours.    c.    The parolee shall secure and maintain employment as approved by the district department. The parolee shall obtain advance permission from the district department before changing or quitting a job. If the parolee is fired or laid off, the parolee shall notify the district department within 24 hours. If the parolee is unemployed, every effort shall be made to obtain employment, and such efforts shall be reported to the district department as directed.    d.    The parolee will be restricted to the county of residence unless prior permission to travel has been granted by the district department or otherwise in accordance with the parole agreement. The parolee will secure advance written permission which may be a part of the parole agreement, from the district department before traveling outside the state of residence.    e.    The parolee shall obtain prior permission from the district department before changing residence.    f.    The parolee shall maintain contact with the district department as directed by the district department or the department of corrections.    g.    The parolee shall maintain and, upon request, present proof of adequate liability insurance or proof of financial responsibility and a valid driver’s license before owning or operating a motor vehicle.    h.    The parolee shall not own, possess, use or transport firearms or other dangerous weapons or imitation thereof.    i.    The parolee shall cooperate in any treatment/rehabilitation/monitoring program as specified by the district department.    j.    The parolee will make payments as directed by the restitution plan of payment.    45.2(2) Special conditions.  Special conditions may be imposed at any time and shall only be imposed in accordance with the needs of the case as determined by the judicial district department of corrections, the department of corrections or the Iowa board of parole. Special conditions shall be handled in the following manner.    a.    Deletions.Immediately following theWhen a conditionis being deleted, the deletion shall be clearly noted on all copies of the parole agreement. Both the parolee and district department staff shall sign the notation of deletion including the date of the deletionand shall upload the updated agreement into the appropriate Iowa corrections offender network (ICON) module(s). The district supervisordistrict director or designee and the board of parole shall be immediately informed of the deletion in writingnotified of those deletions required by local policy and board of parole administrative rules.    b.    Additions.Additional conditions may be imposed. TheWhen a condition(s) is added, the additional conditionscondition(s) shall be clearly indicated on all copies of the parole agreement and shall be signed and dated by the parolee and the supervising agent, and the updated agreement shall be uploaded into the appropriate ICON module(s). The department of correctionsdistrict director or designee and the parole board shall be notified of additional conditionscondition(s) in writing.

        ITEM 52.    Amend subrule 45.4(1) as follows:    45.4(1) Offenses.  The district department may at any time report violations of the conditions of parole to the board of parole.Within ten calendarfive business days of receipt of knowledge of the commission of certainrequired reportable violations, listed belowas designated by the board of parole, the supervising officer shall make written report to the board of parole of the violations. The report shall include a recommendation or revoke parole or continue the person on parole. When the subject of the report is the commission of a new offense, the supervising officer may withhold recommendation until disposition of the charges in district court.    a.    Violation of any federal or state law; simple misdemeanors need not be reported.    b.    Any violent or assaultive conduct.    c.    Possession, control, or use of any firearms, imitation firearm, explosives, or weapons as defined in federal or state statutes.    d.    Sale, possession, continual or problem use, transportation or distribution of any narcotic or other controlled substance, or repeated excessive use of alcohol by the parolee.    e.    A parolee whose whereabouts are unknown and has been unavailable for contact for 30 days, or reliable information has been received indicating that the parolee is taking flight or absconding.    f.    Any behavior indicating the parolee may be suffering from a mental disorder which impairs the parolee’s ability to function in the community or which makes the parolee a danger to self or others when the mental disorder cannot be adequately treated while in the community.    g.    Any other conduct or pattern of conduct in violation of the conditions of parole deemed sufficiently serious by the parole officer. The parole officer or supervisor is authorized to dispose of any other parolee misconduct not required to be reported above.

        ITEM 53.    Amend rule 201—45.5(906) as follows:

    201—45.5(906) Voluntary return to institution.  A parolee may be returnedreturn to an Iowa department of corrections institution for a period not to exceed 90 days for treatment or further training, provided a voluntary return agreement is approvedand signed by the district department and the warden or superintendent of said institution and is signed by them and by the parolee prior to the return.A parolee’s voluntary return to the institution will also require a hearing with the parole board administrative law judge.

        ITEM 54.    Amend rule 201—45.6(906) as follows:

    201—45.6(906) Discharge from parole.  The parole officer shall make application for discharge to the district director following the parolee’s satisfactory adjustment under supervision and upon the parole officer’s determination that the parolee is able and willing to perform in a law-abiding fashion without further supervision. Discharge from parole may be granted prior to expiration of sentence, except for persons convicted for violation of Iowa Code section 709.3, 709.4 or 709.8, on or with a child. Such persons shall not be discharged until expiration of maximum sentence. Discharge granted by the district director shall terminate the person’s sentence.    45.6(1)   Recommendation. The recommendation for discharge from parole as submitted by the supervising officer shall include, but not be limited to, the following:    a.    Parolee’s attitude and adjustment to parole supervision.    b.    Public offenses committed by the parolee while under supervision.    c.    Violation of any parole conditions set by the board of parole.    d.    Abuse of alcohol or drugs while on parole.    e.    Restitution accomplished by the parolee.    f.    The reasons why the discharge is appropriate, based on the consideration of the parolee’s level of risk.    45.6(2)   Upon discharge, the parole officer shall give the discharged parolee the standard forminformation to be completed and submitted if the ex-parolee seeks restoration of citizenship rights. If the ex-parolee seeks restoration within 60 days of discharge, the parole agent shall recommend for or against the restoration. The standard forminformation shall be forwarded to the board of parole by the person seeking the restoration.Under no circumstances shall parole supervision extend beyond the expiration of a parolee’s sentence. (Iowa Code section 906.15)    45.6(3)   After 60 days an ex-parolee may request restoration of citizenship by contacting the governor’s office to request Executive Clemency forms.

        ITEM 55.    Adopt the following new rule 201—45.8(905):

    201—45.8(905) Infectious disease.  In compliance with Iowa Code section 905.15, the district department shall have a written policy and procedure to prevent the transmission of contagious infectious disease.

        ITEM 56.    Amend rule 201—47.1(904) as follows:

    201—47.1(904) OWI facilities.      47.1(1)   OffendersClients convicted of an offense under Iowa Code chapter 321J, sentenced to the custody of the director of corrections, and assigned to a continuum of programming, including treatment providers, residential facilities and institutions, for the supervision and treatment of offendersclients shall be subject to the provisions of these rules and policies developed by the department of corrections.    47.1(2)   The district department shall select appropriate facilities and treatment providers subject to the approval of the department of corrections, for the risk management and programming of offendersclients defined in this chapter.    47.1(3)   Any facility operated by a district department directly or through a contract shall comply with the provisions of 201—Chapters 40 and 43 and policies developed by the department of correctionsto include all federal PREA standards.    47.1(4)   All facilities and programs operated pursuant to this chapter shall be reviewed for approval by the department of corrections initially and biennially thereafter. A district department which fails to maintain compliance with this chapter shall be subject to the provisions of Iowa Code section 905.9.    47.1(5)   Any program operated pursuant to this chapter shall comply with licensure standards for correctional facilities of the division of substance abuse, department of public health, 643—Chapter 6.    47.1(6)   Any facility operated in whole or in part under the provisions of this chapter shall review and consider the American Corrections Association Standards for Adult Community Residential Facilities.    47.(7) 47.1(6)   The district director is responsible for all programs and offendersclients that are subject to these rulesand will develop consistent policies and procedures. Any change in the custody status of offendersclients shall be approved by the department of corrections in consultation with a district department official.

        ITEM 57.    Amend rule 201—47.2(904) as follows:

    201—47.2(904) Movement of offendersclients.      47.2(1)   The judicial district departments of correctional services and the department of corrections shall utilize standardized placement criteria founded on the presumption that assignment will be made to the least restrictive and most cost-effective component of the continuum for the purposes of risk management, substance abuse treatment, education, and employment. The continuum is defined as consisting of three basic components, namely (1) incarceration until released by the board of parole or expiration of sentence, (2) short-term incarceration for approximately 2160 days with subsequent transfer to a community corrections OWI residential program with differential levels of treatment and intervention, and (3) direct placement to a community corrections OWI residential program with differential levels of treatment and intervention. The criteria established to determine continuum assignment consists of the offender’sclient’s previous criminal record, present charges and attitude toward treatment.    47.2(2)   When there is insufficient bed space in the community-based correctional program to accommodate the offenderclient, the court may order the offenderclient to be released on personal recognizance or bond, released to the supervision of the judicial district department of correctional services, or held in jail.    47.2(3)   Priority for placement in the treatment program willshall be based on the date of sentence unless an exception is made by the department of corrections or district department for special circumstances.    47.2(4)   When the offenderclient is sentenced to the director of the department of corrections and ordered to the supervision of the judicial district and space is not available in a community program, or supervision concerns arise, the district director or designee may request temporary placement at the Iowa Medical and Classification Center(IMCC)/Iowa Correctional Institution for Women (ICIW) for classification and assignment. Final approval is granted by the regional deputy directorof community-based corrections or designee until space is available in the community program.    47.2(5)   If medical conditions prohibit program participation and community resources, including University Hospitals, are not available to sufficiently meet offenderclient needs, the offenderclient may be assigned with the approval of the deputy director of offender servicescommunity-based corrections or designee to the Iowa Medical and Classification Center at Oakdale(IMCC)/Iowa Correctional Institution for Women (ICIW) for treatment until the offender’sclient’s health status permits placement into a community-based correctional program.    47.2(6)   The transfer of offendersclients placed with the department of corrections to community facilities may be delayed by the department of corrections for security or medical reasons. OffendersClients with active detainers or offendersclients refusing to participate in the program may be transferred to an institution.    47.2(7)   OffendersClients placed with the department of corrections shall be transferred intypically transfer out of custody to their assigned facility unless an exception is approvedrequired by the department of corrections.    47.2(8)   The district department shall comply with established policies and develop procedures for the temporary confinement of offendersclients who present a threat to the safety or security of the public, facility staff, or residents.    47.2(9)   OffendersClients housed in community facilities may be transferred to the Iowa Medical and Classification Center(IMCC) or the Iowa Correctional Institution for Women (ICIW) on the recommendation of the district director or designee and with the approval of the regional deputy directorof community-based corrections or designee for reclassification and assignment to an institution. Transfer recommendations may be made for security, disciplinary, treatment, medical, or legal reasons.    47.2(10)   The district department shall maintain a current contingency plan to ensure the continuation of programs or custody of offendersclients in the event of an emergency such as fire, tornado, chemical spill, or work stoppage.    47.2(11)   OffendersClients who have been housed in a community facility for substance abuse treatment, subsequently granted parole or work release, and said parole or work release is revoked, may be returned to the OWI Continuum, if eligible, or returned to thedesignated classification center for reclassification and placement in an institution.

        ITEM 58.    Amend rule 201—47.3(904) as follows:

    201—47.3(904) Fiscal.      47.3(1)   The district department shall submit an annual budget on the forms required by the department of corrections which includes a budget for all subcontractors participating in the program.    47.3(2)   The district department shall maintain accounting records required by the department of corrections which account for revenues and expenditures of daily fees, interest, insurance reimbursement, and any other miscellaneous funds collected separately from appropriated funds.    47.3(3)   The district department shall not enter into a subcontract for custody or treatment of offendersclients without the written approval of the regional deputy directorof community-based corrections.    a.    Subcontractors shall be paid only for services provided on a reimbursement basis.    b.    The district department shall not pay for substance abuse treatment otherwise available and funded from other sources.    c.    The district department and any subcontractor shall, whenever possible, offset the cost of providing substance abuse treatment with third-party reimbursements.    d.    The district department shall include, in any contract for housing or treatment, provisions to protect the district department and the department of corrections from liability arising from the actions of any subcontractor.    47.3(4)   The district department shall maintain a schedule of daily fees to be assessed to offendersclients.    47.3(5)   OffendersClients may not be denied services due to an inability to pay the daily fee.    47.3(6)   The district department shall comply with established policies and develop procedures which require that all offendersclients surrender their earnings to facility staff for the purpose of financial management and savings. Those policies and procedures shall provide for the proper accounting and disbursement of all offenderclient funds including, but not limited to, deduction of a daily fee where appropriate.    47.3(7)   Upon request by the district director or designee, the county shall provide temporary confinement of offendersclients allegedly violating the conditions of the assignment to a treatment program. The department of corrections shall negotiate a reimbursement rate with each county for the temporary confinement of offendersclients.    47.3(8)   A county holding offendersclients ordered to jail due to insufficient space in a community-based corrections program will be reimbursed by the department of corrections.    47.3(9)   If an offendera client escapes or participates in an act of absconding from the facility to which the offenderclient is assigned, the offenderclient shall reimburse the department of corrections for the cost of transportation.

        ITEM 59.    Amend rule 201—47.4(904) as follows:

    201—47.4(904) Program structure.      47.4(1)   The district department shall provide 24-hour housing and supervision of offendersclients either directly or through a contract with other agencies or individuals.    47.4(2)   Each offenderclient shall sign a supervision agreement approved by the department of corrections. Failure to sign said agreement or abide by the requirements therein shall constitute reason to recommend returning the offenderclient to an institution.    47.4(3)   The district department shall ensure that all offendersclients are involved in an appropriate continuum of programming which has been approved by the department of corrections.    47.4(4)   Reserved.    47.4(5)   The district department shall ensure, to the extent possible, that all offenderscapable clients are employed a minimum of 30 hours per week.    47.4(6)   The district department shall comply with established policies and procedures to allow offendersclients to leave the facility for treatment, employment, and food service when those activities are not provided at the facility. In all other circumstances, offendersclients may only leave the facility without supervision in accordance with department of corrections furlough procedures.    47.4(7)   The district department, or subcontractor, shall utilize the department of corrections policies and procedures concerning offenderclient discipline.    47.4(8)   TheEach district department shall comply with establishedhave policies and develop procedures to ensure development and modification offor a restitution plan of payment for each offenderclient entering the program. Said planpolicies and procedures shall comply withthe Code of Iowa Code chapter 910and local judicial procedure. Restitution payments shall be an integral part of each offender’sclient’s financial management.    47.4(9)   The district department shall comply with established policies and develop procedures to ensure that the offendersclients who are identified as needing continuing care receive follow-up treatment according to their identified needs. An offenderThe client will receive correctional supervision following release from the facility unless the offender’sclient’s sentence has legally expired.    47.4(10)   The district department shall have written policies and procedures which govern the medical care of OWI offendersclients in case of emergencies, sudden illnesses, accidents, or death.    47.4(11)   The district department shall comply with established policies and develop procedures to ensure that a written summary of the offender’s progress in the program isreport of violations and a transfer classification decision are completedtimely on all offendersclients who fail to satisfactorily complete the program and are placedwho are being recommended for placement at the Iowa Medical and Classification Center/Iowa Correctional Institution for Women. Said report shall be forwarded to the Iowa Medical and Classification Center immediately following termination from the program.    47.4(12)   The district department shall comply with established policies and develop procedures and criteria for recommending parole from the facility which shall include the completion of a department of corrections approved continuum of programming. The recommendation for parole shall specify the treatment hours completed and document that maximum benefits have been received. When physically able, the offender must demonstrate a satisfactory work record for at least 90 days. This requirement may be reduced by the department of corrections when justification exists.    47.4(13)   Each offenderclient shall be awarded earned time in accordance with department of corrections policies and procedures. The district director or designee may recommend the loss of earned time pursuant to the same policy.    47.4(14)   The district department shall comply with established policies and develop procedures which provide for visitation of offendersclients. However, visiting privileges may be limited to the extent necessary for treatment, security, or management reasons.    47.4(15)   Reserved.    47.4(16)   The district department shall maintain and make available to the department of corrections requested data for the purpose of evaluating the facility and program.    47.4(17)   The district department shall comply with established policies and develop procedures foraddressing an escape when an offendera client is absent from the facility without authorization or there is probable cause to believe the offenderclient is taking flight or involved in criminal activity.

        ITEM 60.    Amend rule 201—50.3(356,356A) as follows:

    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.If a residential facility is operated by a judicial district department of correctional services, the regional deputy director of the department of corrections and the regional deputy director’s personnel shall be responsible for all inspections and approvals and shall have the same powers as the members of the jail inspection unit in carrying out these rules.    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.

        ITEM 61.    Amend subrule 50.19(1) as follows:    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 citizen’s aide officeombudsman 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.

        ITEM 62.    Rescind and reserve rule 201—50.23(356,356A).

        ITEM 63.    Amend rule 201—51.3(356,356A) as follows:

    201—51.3(356,356A) Inspection and compliance.  The chief inspector or authorized representatives shall visit and inspect each facility 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 temporary holding facility administrator and the governing body responsible for the facility. If a residential facility is operated by a judicial district department of correctional services, the regional deputy director of the department of corrections and the regional deputy director’s personnel shall be responsible for all inspections and approvals and shall have the same powers as the members of the inspection unit in carrying out these rules.    51.3(1) Notice of noncompliance with minimum standards.  Whenever the determination is made that a temporary holding facility is not in compliance with established minimum 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 facility administrator and the governing body of each instance in which the facility 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 facility has failed to comply.    51.3(2) Enforcement of minimum standards; remedial orders.  Upon receipt of a notice of noncompliance pursuant to subrule 51.3(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 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 facility in question or any portion thereof closed, that further confinement of detainees or classifications of detainees in the noncomplying facility or any portion thereof be prohibited, or that all or any number of detainees then confined be transferred to and maintained in another 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 facility 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).    51.3(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.

        ITEM 64.    Adopt the following new subrule 51.16(5):    51.16(5) Detainee mail.      a.    Detainees held beyond 24 hours shall be furnished a reasonable amount of writing materials upon request. Jail officials may prohibit a detainee from corresponding with a person who states in writing that the person does not want to correspond with the detainee. This mail restriction does not include a “prior approval” list.    b.    A reasonable amount of postage shall be provided to indigent detainees who are 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 detainee is notified of this procedure.    d.    Privileged correspondence if so marked may be opened only in the presence of the detainee and then only to detect the presence of contraband; privileged correspondence may not be read except by the detainee. 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 detainee or post office.
    ARC 3808CIowa Public Information Board[497]Notice of Intended Action

    Proposing rule making related to petitions and advisory opinions and providing an opportunity for public comment

        The Iowa Public Information Board hereby proposes to amend Chapter 1, “Organization and Administration,” Chapter 3, “Declaratory Orders,” and Chapter 5, “Petitions for Rule Making,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 23.6.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapters 21 and 22.Purpose and Summary    This rule making proposes amendments that are the result of the five-year review of the Board’s rules.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any. Public Comment     Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Board no later than 4:30 p.m. on June 12, 2018. Comments should be directed to: Margaret Johnson Iowa Public Information Board Wallace State Office Building502 East 9th StreetDes Moines, Iowa 50319 Fax: 515.725.1789 Phone: 515.725.1783 Email: margaret.johnson@iowa.govPublic Hearing     No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

        ITEM 1.    Amend subrule 1.2(1) as follows:    1.2(1) Jurisdiction.  The board will onlyaccept requests for and issue advisory opinions pertaining to Iowa Code chapters 21 and 22, or rules adopted thereunder. The board shall not have jurisdiction over the judicial or legislative branches of state government or any entity, officer, or employee of those branches, or over the governor or the office of the governor.

        ITEM 2.    Amend rule 497—3.1(17A) as follows:

    497—3.1(17A) Petition for declaratory order.  Any person may file a petition with the board for a declaratory order as to the applicability to specified circumstances of a statute, rule, or order within the primary jurisdiction of the board, at Iowa Public Information Board, Wallace State Office Building, 502 East 9th Street, Des Moines, Iowa 50319.Petitions may also be filed by fax at (515)725-1789 or by email at ipib@iowa.gov. A petition is deemed filed when it is received by that office. The board shall provide the petitioner with a file-stamped copy of the petition if the petitioner provides the board an extra copy for this purpose. The petition must be typewritten or legibly handwritten in ink and must substantially conform to the following form:IOWA PUBLIC INFORMATION BOARD    Petition by (Name of Petitioner) for a Declaratory Order on (Cite provisions of law involved).    PETITION FOR DECLARATORY ORDERThe petition must provide the following information:
    1. A clear and concise statement of all relevant facts on which the order is requested.
    2. A citation and the relevant language of the specific statutes, rules, policies, decisions, or orders, whose applicability is questioned, and any other relevant law.
    3. The questions petitioner wants answered, stated clearly and concisely.
    4. The answers to the questions desired by the petitioner and a summary of the reasons urged by the petitioner in support of those answers.
    5. The reasons for requesting the declaratory order and disclosure of the petitioner’s interest in the outcome.
    6. A statement indicating whether the petitioner is currently a party to another proceeding involving the questions at issue and whether, to the petitioner’s knowledge, those questions have been decided by, are pending determination by, or are under investigation by, any governmental entity.
    7. The names and addresses of other persons, or a description of any class of persons, known by petitioner to be affected by, or interested in, the questions presented in the petition.
    8. Any request by petitioner for a meeting provided for by rule 497—3.7(17A).
    The petition must be dated and signed by the petitioner or the petitioner’s representative. It must also include the name, mailing address,email address, and telephone number of the petitioner andthe petitioner’s representative and a statement indicating the person to whom communications concerning the petition should be directed.

        ITEM 3.    Amend subrule 3.3(3) as follows:    3.3(3)   A petition for intervention shall be filed at Iowa Public Information Board, Wallace State Office Building, 502 East 9th Street, Des Moines, Iowa 50319.Petitions may also be filed by fax at (515)725-1789 or by email at ipib@iowa.gov. Such a petition is deemed filed when it is received by that office. The board will provide the petitioner with a file-stamped copy of the petition for intervention if the petitioner provides an extra copy for this purpose. A petition for intervention must be typewritten or legibly handwritten in ink and must substantially conform to the following form:IOWA PUBLIC INFORMATION BOARD    Petition by (Name of Original Petitioner) for a Declaratory Order on (Cite provisions of law cited in original petition).    PETITION FOR INTERVENTIONThe petition for intervention must provide the following information:
    1. Facts supporting the intervenor’s standing and qualifications for intervention.
    2. The answers urged by the intervenor to the question or questions presented and a summary of the reasons urged in support of those answers.
    3. Reasons for requesting intervention and disclosure of the intervenor’s interest in the outcome.
    4. A statement indicating whether the intervenor is currently a party to any proceeding involving the questions at issue and whether, to the intervenor’s knowledge, those questions have been decided by, are pending determination by, or are under investigation by, any governmental entity.
    5. The names and addresses of any additional persons, or a description of any additional class of persons, known by the intervenor to be affected by, or interested in, the questions presented.
    6. Whether the intervenor consents to be bound by the determination of the matters presented in the declaratory order proceeding.
    The petition must be dated and signed by the intervenor or the intervenor’s representative. It must also include the name, mailing address,email address, and telephone number of the intervenor and intervenor’s representative, and a statement indicating the person to whom communications should be directed.

        ITEM 4.    Amend rule 497—5.1(17A), introductory paragraph, as follows:

    497—5.1(17A) Petition for rule making.  Any person or agency may file a petition for rule making with the board at Iowa Public Information Board, Wallace State Office Building, 502 East 9th Street, Des Moines, Iowa 50319.Petitions may also be filed by fax at (515)725-1789 or by email at ipib@iowa.gov. A petition is deemed filed when it is received by the board. The board must provide the petitioner with a file-stamped copy of the petition if the petitioner provides the board an extra copy for this purpose. The petition must be typewritten or legibly handwritten in ink and must substantially conform to the following form:

        ITEM 5.    Amend subrule 5.1(1) as follows:    5.1(1)   The petition must be dated and signed by the petitioner or the petitioner’s representative. It must also include the name, mailing address,email address, and telephone number of the petitioner and petitioner’s representative, and a statement indicating the person to whom communications concerning the petition should be directed.
    ARC 3807CLabor Services Division[875]Notice of Intended Action

    Proposing rule making related to boilers and pressure vessels and providing an opportunity for public comment

        The Boiler and Pressure Vessel Board hereby proposes to amend Chapter 84, “Contested Cases Before the Boiler and Pressure Vessel Board,” Chapter 90, “Administration of the Boiler and Pressure Vessel Program,” and Chapter 91, “General Requirements for All Objects,” and to rescind Chapter 95, “Water Heaters,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code section 89.14.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 89.Purpose and Summary    These proposed amendments would align the rules with statutory authority, update consensus standards adopted by reference, clarify where jurisdiction over boiler appurtenances ends, and make corrections to the rules.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Board for a waiver of the discretionary provisions, if any, pursuant to 875—Chapter 81.Public Comment    Any interested person may submit written comments concerning this proposed rule making. Written comments in response to this rule making must be received by the Board no later than 4:30 p.m. on June 13, 2018. Comments should be directed to: Kathleen Uehling Division of Labor Services 1000 East Grand Avenue Des Moines, Iowa 50319-0209 Email: kathleen.uehling@iwd.iowa.govPublic Hearing    If requested in accordance with Iowa Code section 17A.4(1)“b” by the close of business on June 12, 2018, a public hearing at which persons may present their views orally or in writing will be held as follows: June 13, 2018 150 Des Moines Street 9 a.m. Des Moines, Iowa    Persons who wish to make oral comments at the public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rule making.    Any persons who intend to attend a public hearing and have special requirements, such as those related to hearing or mobility impairments, should contact the Board and advise of specific needs by calling 515.725.5615.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

        ITEM 1.    Amend rule 875—84.2(17A,89) as follows:

    875—84.2(17A,89) Appeal to the board.  The commissioner’s ruling on a petition for reconsideration or the commissioner’s deemed denial of a petition for reconsideration may be appealed to the board. An appeal must be filed in writing with the board within 30 calendar days of the earlier of either the issuance of the commissioner’s written ruling on a petition for reconsideration or the commissioner’s deemed denial of a petition for reconsideration. At a minimum, an appeal shall include a short and concise statement of the basis for the appeal. The required form for an appeal is available on the board’s website at http://www.iowaworkforce.org/labor/boilerboard.htmiowaboilers.gov. Consideration of an appeal of a ruling on a petition for reconsideration shall be a contested case proceeding subject to the provisions of Iowa Code chapter 17A. The commissioner shall have an automatic right of intervention in any appeal of the ruling on petition for reconsideration and shall defend the ruling in a contested case proceeding.

        ITEM 2.    Amend rule 875—90.1(89) as follows:

    875—90.1(89) Purpose and scope.  These rules institute administrative and operational procedures for implementation of Iowa Code chapter 89. An object shall not be considered “under pressure” and shall not be within the scope of Iowa Code chapter 89 when there is clear evidence that the manufacturer did not intend it to be operated at more than 3 psi and the object is operating at 3 psi or less.Jurisdiction is limited to objects, appurtenances, controls, safety devices, and equipment rooms as required by Iowa rules.

        ITEM 3.    Adopt the following new definitions of “Appurtenance” and “Boiler external piping” in rule 875—90.2(89,261,252J,272D):        "Appurtenance" means any item or equipment that is attached to the object and is part of the boiler external piping.        "Boiler external piping" means all boiler piping and components as set forth in the Scope of the edition of ASME B31.1 currently adopted by reference in Chapter 91.

        ITEM 4.    Rescind and reserve subparagraph 90.11(1)"a".

        ITEM 5.    Amend subrule 91.1(1) as follows:    91.1(1) ASME boiler and pressure vessel codes adopted by reference.  The ASME Boiler and Pressure Vessel Code (2015)(2017) is adopted by reference. Regulated objects shall be designed and constructed in accordance with the ASME Boiler and Pressure Vessel Code (2015)(2017) except for objects that meet one of the following criteria:    a.    An object with an ASME stamp and National Board Registration that establish compliance with an earlier version of the ASME Boiler and Pressure Vessel Code;    b.    An object within the scope of 875—Chapter 95;    c.    Rescinded IAB 10/5/11, effective 11/9/11.    d.    b.    A miniature boiler installed before March 31, 1967;    e.    c.    A power boiler or unfired steam pressure vessel installed before July 4, 1951; or    f.    d.    A steam heating boiler, hot water heating boiler, or hot water supply boiler installed before July 1, 1960.

        ITEM 6.    Amend subrules 91.1(3) to 91.1(10) as follows:    .(3) Inspection code adopted by reference.  The National Board Inspection Code (2015)(2017) is adopted by reference, and reinstallations, installations, alterations, and repairs after April 1, 2016September 1, 2018, shall comply with it.    .(4) Electric code adopted by reference.  The National Electrical Code (2014)(2017) is adopted by reference, and reinstallations and installations after April 1, 2016September 1, 2018, shall comply with it.    .(5) Piping codes adopted by reference.  The Power Piping Code, ASME B31.1 (2014)(2016), and the Building Services Piping Code, ASME B31.9 (2014)(2017), are adopted by reference, and reinstallations and installations after May 20, 2015September 1, 2018, shall comply with them up to and including the first valve.    .(6) Control and safety device code adopted by reference.  Controls and Safety Devices for Automatically Fired Boilers (CSD-1) (2012)(2015) is adopted by reference, and reinstallations and installations after October 31, 2013September 1, 2018, shall comply with it. Reporting requirements concerning CSD-1 are set forth at rule 875—90.11(89).    .(7) Mechanical code adopted by reference.  Excluding Section 701.1, Chapters 2 and 7 of the International Mechanical Code (IMC) (2015)(2018) are adopted by reference, and installations and reinstallations after April 1, 2016September 1, 2018, shall comply with them.    .(8) Oil burning equipment code adopted by reference.  National Fire Protection Association Standard for the Installation of Oil Burning Equipment, NFPA 31 (2011)(2016), is adopted by reference, and installations and reinstallations after October 10, 2012September 1, 2018, shall comply with it.    .(9) Fuel gas code adopted by reference.  National Fire Protection Association National Fuel Gas Code, NFPA 54 (2015)(2018), is adopted by reference, and installations and reinstallations after April 1, 2016September 1, 2018, shall comply with it.    .(10) Liquefied petroleum gas code adopted by reference.  National Fire Protection Association Liquefied Petroleum Gas Code, NFPA 58 (2014)(2017), is adopted by reference, and installations and reinstallations after April 1, 2016September 1, 2018, shall comply with it.

        ITEM 7.    Rescind and reserve rule 875—91.3(89).

        ITEM 8.    Amend rule 875—91.6(89) as follows:

    875—91.6(89) Pipe, valve, and fitting requirements.  Pipes, valves, and fittings subject to the effects of galvanic action shall not be used on objects covered by these rules except where permitted in 875—Chapter 95. Dielectric fittings shall be used where dissimilar metals are joined.    91.6(2)   Rescinded IAB 11/18/09, effective 1/1/10.    91.6(3)   Rescinded IAB 11/18/09, effective 1/1/10.

        ITEM 9.    Amend rule 875—91.18(89) as follows:

    875—91.18(89) National Board registration.  Except for cast iron boilers,and cast aluminum boilers, and objects governed by 875—Chapter 95, all objects shall be registered with the National Board.

        ITEM 10.    Amend rule 875—91.19(89) as follows:

    875—91.19(89) ASME stamp.  Except for water heaters regulated by 875—Chapter 95, allAll objects shall bear the appropriate ASME stamp. Objects shall not be utilized in a manner inconsistent with the stamp.

        ITEM 11.    Rescind and reserve 875—Chapter 95.
    ARC 3809CLaw Enforcement Academy[501]Notice of Intended Action

    Proposing rule making related to emergency care provider certification and providing an opportunity for public comment

        The Iowa Law Enforcement Academy hereby proposes to amend Chapter 1, “Organization and Administration,” Chapter 3, “Certification of Law Enforcement Officers,” Chapter 4, “Instructor Certification Criteria for Approved Regional Law Enforcement Training Facilities,” Chapter 9, “Jailer Training,” and Chapter 10, “Reserve Peace Officers,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is proposed under the authority provided in Iowa Code sections 80B.11 and 80B.11A.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code sections 80B.11 and 80B.11A.Purpose and Summary    The emergency care provider certification process for Iowa peace officers is managed within the Iowa Law Enforcement Academy based on guidance provided by the Iowa Department of Public Health (IDPH). The Academy proposes these amendments to Chapters 1, 3, 4, 9 and 10 to reflect the current process for IDPH involvement. 641—Chapter 139, “Iowa Law Enforcement Emergency Care Provider,” is no longer relevant in the certification process and is proposed to be rescinded by the IDPH in a future rule making. The level of training required of Iowa peace officers to obtain an emergency care provider certification is not changed.Fiscal Impact    This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Academy for a waiver of the discretionary provisions, if any, pursuant to 501—Chapter 16. Public Comment    Any interested person may submit written or oral comments concerning this proposed rule making. Written or oral comments in response to this rule making must be received by the Academy no later than 4:30 p.m. on June 12, 2018. Comments should be directed to: Russell Rigdon Iowa Law Enforcement Academy Building 4640P.O. Box 130Johnston, Iowa 50131 Phone: 515.725.9600 Email: russell.rigdon@iowa.govPublic Hearing    No public hearing is scheduled at this time. As provided in Iowa Code section 17A.4(1)“b,” an oral presentation regarding this rule making may be demanded by 25 interested persons, a governmental subdivision, the Administrative Rules Review Committee, an agency, or an association having 25 or more members. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).    The following rule-making actions are proposed:

        ITEM 1.    Adopt the following new definition of “Iowa law enforcement emergency care provider” in rule 501—1.1(80B):        "Iowa law enforcement emergency care provider" "ILEECP" means an individual who is certified by the academy as an Iowa peace officer, who has successfully completed an emergency medical care provider curriculum approved by the academy, and who is currently certified by the academy as an emergency medical care provider.

        ITEM 2.    Amend paragraph 3.9(1)"b" as follows:    b.    The applicant must possess or obtain current Iowa law enforcement emergency care provider (ILEECP) or more advanced certification recognizedor current emergency medical care provider certification issued by the Iowa department of public health and approved by the academy, and current course completion in cardiopulmonary resuscitation, AED and Foreign Body Airway Obstruction for all age groups according to national standards, with documentation furnished to the academy.

        ITEM 3.    Amend subrule 4.3(2) as follows:    4.3(2)  Specialist (specific requirements to instruct in specialized areas).  Special training or experience is required to instruct in certain segments of the curriculum as listed below:    a.    Firearms instructor.Successful completion of a firearms instructor school at the Iowa law enforcement academy.    b.    Defensive tactics instructor.Successful completion of a defensive tactics instructor school at the Iowa law enforcement academy or other training recognized by the Iowa law enforcement academy.    c.    Precision driving instructor (lead instructor).    (1)   Lead instructor.Must have satisfactorily completed a recognized precision driving instructor school.    (2)   Assistant instructors. Must possess an understanding of the program to be presented and, as a result of experience and informal instruction, have developed skills adequately to assist lead instructor and shall work under the immediate supervision of lead instructor at all times.    d.    Physical fitness instructor.Successful completion of a physical fitness instructor school at the Iowa law enforcement academy or other training recognized by the Iowa law enforcement academy.    e.    Crash injury management.Iowa law enforcement emergency care provider instructor.Must be certified to instruct in this areaas an ILEECP by the Iowa law enforcement academy or maintain current emergency medical care provider certification issued by the Iowa department of public healthand have completed an instructor course as approved by the academy.    f.    Fingerprint instructor.Must have successfully completed the basic and advanced Federal Bureau of Investigation fingerprint schools or a program approved by the Iowa law enforcement academy council.    g.    Narcotics and dangerous drug instructor.Must have extensive experience and specialty training in this area.    h.    AccidentCollision investigation instructor.Must have completed a two-week accidentcollision investigation school provided or recognized by the Iowa law enforcement academy.    i.    Law enforcement and minority group instructor.Must possess a four-year degree from an accredited institution in the behavioral science area and must have three years of experience in the subject area, or, in the opinion of the council, meetsmeet the qualifications set forth in 4.3(1).    j.    Communications instructor.Must be certified by general services, communication division.    k.    Drinking driver control instructor.Chemical testing instructor.Must have extensive field experience with a strong background in the Iowa Code and case law. To teach the chemical testing segment, the instructor must possess training and experience in laboratory methods relative to the subject.    l.    Arson and bombing instructor.Must have attended a specialty school in police/military explosiveexplosives handling and a recognized arson school.    m.    Crowd controlmanagement instructor.Must have attended a school recognized by the Iowa law enforcement academy in riot control and chemical agents.    n.    Criminalistics instructor.Must have extensive experience and education or training in methods and procedures for scientific crime detection.    o.    Youth andJuvenile law instructor.Must have extensive experience in dealing with youthful offenders, a strong background in Iowa juvenile law and relevant case law, and specialty training or education in the subject area.

        ITEM 4.    Rescind subrule 9.1(1) and adopt the following new subrule in lieu thereof:    9.1(1) Basic training.  All jail administrators shall meet the following requirements within six months of appointment. Jailers shall meet the following requirements within one year of employment:    a.    First aid and cardiopulmonary resuscitation.    (1)   The individual shall hold a current course completion card in cardiopulmonary resuscitation, AED and Foreign Body Airway Obstruction for adults according to national standards recognized by the Iowa law enforcement academy.    (2)   The individual shall hold a current course completion card in first aid according to the national standards recognized by the Iowa law enforcement academy or one of the following:
    1. Certification as an Iowa law enforcement emergency care provider (ILEECP) by the Iowa law enforcement academy.
    2. Certification by the Iowa department of public health as an emergency medical responder or higher.
    3. Certification of completion of a first-aid training program appropriate to jail usage which was developed by a sheriff’s department. First-aid training criteria shall include, at a minimum, the following topics:
  • Shock.
  • Bleeding control.
  • Burns.
  • Soft tissue and bone/joint injuries.
  • Difficulty breathing.
  • Chest pain.
  • Allergic reaction.
  • Poisoning.
  • Seizures.
  • Diabetic emergencies.
  • Heat and cold emergencies.
  • Suicide.
  • All instructors providing training pursuant to 9.1(1)“a”(2)“3” shall be certified pursuant to subrule 9.2(2).
    1. Licensure to practice as a licensed practical nurse, registered nurse or medical practitioner in the state of Iowa.
        (3)   The individual shall be certified as an instructor by the American Heart Association, the American Red Cross or other national program as approved by the academy.    (4)   All certification or licensure required by this rule must thereafter be maintained current according to the standards of the certifying or licensing agency.
        b.    Either the successful completion of a 40-hour training program approved by the academy or the successful completion of a National Sheriffs’ Association correspondence course shall be applicable to jailers and administrators employed in all jails pursuant to subrule 9.2(1). Either course must be appropriately documented to reflect course content, length of session, and instructor(s). All instructors presenting classes either in the 40-hour training or continuing education program shall be certified by academy personnel utilizing certification standards adopted by the academy. It shall be the responsibility of the training program director to make certain all instructors are certified and the training program is approved.    c.    All staff providing medication shall be trained in accordance with the Iowa state sheriffs’ and deputies’ association medication training program or other program approved by the Iowa board of pharmacy.

        ITEM 5.    Rescind paragraph 9.3(1)"a" and adopt the following new paragraph in lieu thereof:    a.    First aid and cardiopulmonary resuscitation.    (1)   The individual shall hold a current course completion card in cardiopulmonary resuscitation, AED and Foreign Body Airway Obstruction for adults according to national standards recognized by the Iowa law enforcement academy.    (2)   The individual shall hold a current course completion card in first aid according to the national standards recognized by the Iowa law enforcement academy or one of the following:
    1. Certification as an Iowa law enforcement emergency care provider (ILEECP) from the Iowa law enforcement academy.
    2. Certification by the Iowa department of public health as emergency medical responder or higher.
    3. Certification of completion of a first-aid training program appropriate to jail usage which was developed by a sheriff’s department. First-aid training criteria shall include, at a minimum, the following topics:
    4. Shock.
    5. Bleeding control.
    6. Burns.
    7. Soft tissue and bone/joint injuries.
    8. Difficulty breathing.
    9. Chest pain.
    10. Allergic reaction.
    11. Poisoning.
    12. Seizures.
    13. Diabetic emergencies.
    14. Heat and cold emergencies.
    15. Suicide.
    All instructors providing training pursuant to 9.3(1)“a”(2)“3” shall be certified pursuant to subrule 9.2(2).
    1. Licensure to practice as a licensed practical nurse, registered nurse or medical practitioner in the state of Iowa.
        (3)   The individual shall be certified as an instructor by the American Heart Association, the American Red Cross or other national program as approved by the academy.    (4)   All certification or licensure required by this rule must thereafter be maintained current according to the standards of the certifying or licensing agency.

        ITEM 6.    Amend rule 501—10.10(80D) as follows:

    501—10.10(80D) CPR certification required.  Reserve peace officers shall maintain at a minimum valid first-aid certifications issued by the American Heart Association, the American Red Cross, or any other group recognized by the Iowa law enforcement academy and must have current course completion in cardiopulmonary resuscitation, AED and Foreign Body Airway Obstruction for all age groups according to national standards, with documentation furnished torecognized by theIowa law enforcement academy.
    ARC 3810CLabor Services Division[875]Adopted and Filed

    Rule making related to occupational safety and health violations

        The Labor Commissioner hereby amends Chapter 3, “Posting, Inspections, Citations and Proposed Penalties,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 88.14.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 88.Purpose and Summary    This amendment aligns Iowa’s penalties for occupational safety and health violations with the corresponding federal penalties.  Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on March 28, 2018, as ARC 3702C. No public hearing was held. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Labor Commissioner on May 2, 2018.Fiscal Impact     This rule making will result in a small increase in deposits to the State General Fund. Jobs Impact    After analysis and review of this rule making, the Commissioner finds that jobs could be impacted. However, the amendment is implementing federally mandated regulations, and the State of Iowa is only implementing the federal regulations. The requirements imposed on Iowa businesses by these regulations do not exceed those imposed by federal law.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Commissioner for a waiver of the discretionary provisions, if any, pursuant to 875—Chapter 5.Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on June 30, 2018.    The following rule-making action is adopted:

        ITEM 1.    Amend subrule 3.11(1) as follows:    3.11(1)   The civil penalties proposed by the labor commissioner on or after February 11, 2018June 30, 2018, are as follows:    a.    Willful violation.The penalty for each willful violation under Iowa Code section 88.14(1) shall not be less than $8,908$9,239 and shall not exceed $124,709$129,336.    b.    Repeated violation.The penalty for each repeated violation under Iowa Code section 88.14(1) shall not exceed $124,709$129,336.    c.    Serious violation.The penalty for each serious violation under Iowa Code section 88.14(2) shall not exceed $12,471$12,934.    d.    Other-than-serious violation.The penalty for each other-than-serious violation under Iowa Code section 88.14(3) shall not exceed $12,471$12,934.    e.    Failure to correct violation.The penalty for failure to correct a violation under Iowa Code section 88.14(4) shall not exceed $12,471$12,934 per day.    [Filed 5/2/18, effective 6/30/18][Published 5/23/18]Editor’s Note: For replacement pages for IAC, see IAC Supplement 5/23/18.
    ARC 3811CWorkforce Development Department[871]Adopted and Filed

    Rule making related to claims

        The Director of the Workforce Development Department hereby amends Chapter 24, “Claims and Benefits,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 96.11.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 96.Purpose and Summary    These amendments update the Department’s definition of the benefit year, clarify the timelines for filing a weekly claim, and specify certifications made by claimants in continuing claims. Further, the rule on backdating is updated to reflect the responsibility of the claimant to file continued claims rather than to rely upon the Department to do so in arrears. A rule on interstate claims is also added in order to reflect the need for certification from the other state in those cases.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on March 28, 2018, as ARC 3712C. The Notice was reviewed by the Administrative Rules Review Committee at its meeting held on April 6, 2018. At the meeting, comments were received from the Iowa Association of Business and Industry (ABI) in opposition to the amendment in Item 6. ABI presented language that it wished to have the Department adopt in lieu of the language proposed in Item 6. Public comment was also received formally from ABI, as well as from Mark Hanawalt of United Equipment Accessories, Inc., and Charles Sukup from Sukup Manufacturing. In consideration of continued discussions with the stakeholders and interested parties, the Department has elected not to adopt the amendments proposed in Items 5 and 6 at this time and has renumbered Item 7 as Item 5 accordingly.Adoption of Rule Making    This rule making was adopted by the Director of the Department on May 4, 2018.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on June 27, 2018.    The following rule-making actions are adopted:

        ITEM 1.    Amend subrule 24.1(21) as follows:    24.1(21) Benefit year, individual.  The benefit year is a period of 365 days (366 in a leap year) beginning with and including the starting date of the benefit year. The starting date of the benefit year is always on Sunday and is the Sunday of the current week in which the claimant first files a valid claim unless the claim is backdated as allowed under paragraph 24.2(1)“h.”.

        ITEM 2.    Amend subparagraph 24.2(1)"g" as follows:    (1)    The weekly continued claim shall be transmitted not earlier than 8 a.m. on the Sunday following the Saturday of the weekly reporting period and, unless reasonable cause can be shown for the delay, not later than close of business on the Friday following the weekly reporting period.

        ITEM 3.    Amend subparagraph 24.2(1)"g" as follows:    (3)   The individual shall set forth the following:
    1.     That the individual continues the claim for benefits;
    2.     That except as otherwise indicated, during the period covered by the claim, the individual was fully or partially unemployed, earned no gross wages and received no benefits, was able to work and available for work;
    3.     That the individual indicates the number of employers contacted for work, the contact information for each employer contacted, and the result of the contact;
    4.     That the individual knows the law provides penalties for false statements in connection with the claim;
    5.     That the individual has reported any job offer received during the period covered by the claim;
    6. That the individual understands the individual’s responsibility to review the individual’s claim records to ensure there is no delay in filing the individual’s weekly claim to remain in continuous reporting status. Failure to file claims each week will require a claimant to submit a claim application to reactivate the claim;
    7. 6Other information required by the department.

        ITEM 4.    Amend subparagraph 24.2(1)"h" as follows:    (2)   The claim mayonly be backdated prior to the first day of the calendar week in which the claimant does report and file a claim for the following reasons:
    1. The failure of the department to recognize the expiration of the claimant’s previous benefit year;
    2Theif the claimant filed an interstate claim against another state which has been determined as ineligible.

        ITEM 5.    Adopt the following new subparagraph 24.37(1)"d":    (4)   The effective date of an interstate claim shall be the Sunday of the week the claim was filed, except if proof is obtained from another state that the claimant filed in that state and it was determined that the claim should have been filed in Iowa.    [Filed 5/4/18, effective 6/27/18][Published 5/23/18]Editor’s Note: For replacement pages for IAC, see IAC Supplement 5/23/18.
    ARC 3812CWorkforce Development Department[871]Adopted and Filed

    Rule making related to claims

        The Director of the Workforce Development Department hereby amends Chapter 24, “Claims and Benefits,” and Chapter 25, “Benefit Payment Control,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 96.11.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 96.Purpose and Summary    These amendments update the reporting requirement for claimants during a continued claim and the procedures for continuing eligibility and verification of claims.Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on March 14, 2018, as ARC 3672C. The Notice was reviewed by the Administrative Rules Review Committee at its meeting held on April 6, 2018. Questions were asked regarding the need for the use of social security numbers. The Department advised that this information is closely safeguarded. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Director of the Department on April 25, 2018.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on June 27, 2018.    The following rule-making actions are adopted:

        ITEM 1.    Amend subparagraph 24.2(1)"b" as follows:    (1)   The name and complete mailing address of such individual’s last employing unit or employerincluding work history for all employers within the individual’s base period.

        ITEM 2.    Amend subparagraph 24.2(1)"b" as follows:    (8)   Number,full name, social security number, date of birth, and relationship of any dependents claimed.The identity of an individual identified as a dependent shall be verified by the department before the individual is added to the claim as a dependent. As used in this subparagraph, “dependent” is defined as: spouse, son or daughter of the claimant, or a dependent of either; stepson or stepdaughter; foster child or child for whom claimant is a legal guardian; brother, sister, stepbrother, stepsister; father or mother of claimant,or stepfather or stepmother of the claimant; son or daughter of a brother or sister of the claimant (nephew or niece); brother or sister of the father or mother of the claimant (uncle or aunt); son-in-law, daughter-in-law, father-in-law, mother-in-law, brother-in-law, or sister-in-law of the claimant; an individual who lived in the claimant’s home as a member of the household for the whole year; cousin.A “spouse” is defined as an individual who does not earn more than $120 in gross wages in one week. The reference week for this monetary determination shall be the gross wages earned by the spouse in the calendar week immediately preceding the effective date of the claim.A “dependent” means an individual who has been or could have been claimed for the preceding tax year on the claimant’s income tax return or will be claimed for the current income tax year. The same dependent shall not be claimed on two separate monetarily eligible concurrent established benefit years. An individual cannot claim a spouse as a dependent if the spouse has listed the claimant as a dependent on a current claim.

        ITEM 3.    Amend rule 871—24.6(96) as follows:

    871—24.6(96) Profiling for reemployment servicesReemployment services and eligibility assessment procedure.      24.6(1)   The department of workforce development and the department of economic development will jointly provide a program which consists of profiling claimants and providing reemployment services.    24.6(2)   Purpose.    a.    Profiling is a systematic procedure used to identify claimants who, because of certain characteristics, are determined to be permanently separated and most likely to exhaust benefits. Such claimants may be referred to reemployment services.    b.    The eligibility assessment program is used to accelerate the individual’s return to work and systematically review the individual’s efforts towards the same goal.    24.6(3)   Reemployment servicesand eligibility assessment may include, but are not limited to, the following:    a.    An assessment of the claimant’s aptitude, work history, and interest.    b.    Employment counseling regarding reemployment approaches and plans.    c.    Job search assistance and job placement services.    d.    Labor market information.    e.    Job search workshops or job clubs and referrals to employers.    f.    Résumé preparation.    g.    Other similar services.    24.6(4)   As part of the initial intake procedure, each claimant shall be required to provide the information necessary for profiling and evaluation of the likelihood of needing reemployment assistance.    24.6(5)   The referral of a claimant and the provision of reemployment services is subject to the availability of funding and limitations of the size of the classes.    24.6(6)   A claimant shall participate in reemployment services when referred by the department unless the claimant establishes justifiable cause for failure to participate or the claimant has previously completed such training or services. Failure by the claimant to participate without justifiable cause shall disqualify the claimant from the receipt of benefits until the claimant participates in the reemployment servicesor eligibility assessment.The claimant shall contact the agency prior to the scheduled appointment or service to advise the department of the justifiable cause.    a.    Justifiable cause for failure to participate is an important and significant reason which a reasonable person would consider adequate justification in view of the paramount importance of reemployment to the claimant.Justifiable cause includes when the claimant is scheduled for an employment interview, is verified return to work, or both prior to the scheduled appointment or service.    b.    Reserved.    24.6(7)   Eligibility assessment procedure.    a.    Before an individual has claimed five weeks of intrastate benefits, the workforce development center shall receive a computer-selected list of individuals claiming benefits within the target population for review.    b.    No eligibility assessment will be performed on an individual unless monetary eligibility and nonmonetary eligibility are established.    c.    Once selected for an initial or subsequent eligibility assessment, claimants are required to participate in all components of the assessment as determined by the department.    d.    A Notice to Report shall be sent by the workforce development center to an individual who is in an active status at the time of its printing. If the individual does not respond, the department must issue an appropriate failure to report decision and lock the claim to prevent payment.    e.    Selected claimants must report in person to the designated workforce development center to receive staff-assisted services for the initial assessment.    f.    Before an administrative law judge can rule on a disqualification for failure to report at an Iowa workforce development center as directed, there must be evidence to show that the individual was required to report for an interview.    24.6(8)   Conducting the first eligibility assessment interview.    a.    All available evidence must be examined to detect potentially disqualifying issues.    b.    The individual’s need for advice, assistance or instructions must be determined and conveyed to the individual.    c.    The interview must convey to the individual the requirements that must be satisfied to maintain eligibility.    d.    This advice, assistance or instruction constitutes an understanding and agreement between the individual and the unemployment insurance representative at the conclusion of the interview regarding the individual’s willingness and ability to eliminate any barriers to obtaining reemployment which otherwise would result in referral for adjudication.     e.    The individual shall be advised of what constitutes an acceptable effort to obtain reemployment in accordance with state policy, with consideration for local labor market information and the individual’s occupation.     f.    The final objective of the interview is to determine whether a subsequent interview is needed. This determination shall be based on expected return to work date, job openings in the area, local labor market conditions, and other relevant factors.       This rule is intended to implement Iowa Code section 96.4(7).

        ITEM 4.    Rescind and reserve rule 871—24.11(96).

        ITEM 5.    Amend paragraph 24.22(2)"n" as follows:    n.    Corporate officers.To be considered available, the corporationcorporate officer must meet the same tests of availability as are met by other individuals. The individual must be desirous of other work, be free from serious limitations and be seriously searching for work. The reported efforts of a corporate officer to seek work should be studied to distinguish those directed toward obtaining work for the officer as an individual and those directed to obtaining work or business for the corporation. Any effort to obtain business for the corporation to perform is a service to the corporation and is not evidence of the individual’s own availability for work.

        ITEM 6.    Amend subrule 24.23(39) as follows:    24.23(39)   Where the work search or the Eligibility Review Form has been deliberately falsified for the purpose of obtaining unemployment insurance benefits. The general guide for disqualifications for falsification of work search is listed below. It is intended to be used as a guide only and is not a substitute for the personal subjective judgment of the representative because each case must be decided on its own merits. The administrative penalty recommended for falsification is:    a.    First offense—six weeksweeks’ penalty.    b.    Second offense—nine weeksweeks’ penalty.    c.    Third offense—total disqualification for the remainder of the benefit year plus consideration of the possibility of filing fraud charges depending on the circumstances.

        ITEM 7.    Amend subrule 24.60(2) as follows:    24.60(2)   It is required that information designed to identify illegal nonresident aliens shall be requested of all claimants for benefits. This shall be accomplished by asking each claimant at the time the individual establishes a benefit year whether or not the individual is a citizen.    a.    If the response is “yes,” no further proof is necessary and the claimant’s records are to be marked accordingly.    b.    If the answer is “no,” the claimant shall be requested to present documentary proof of legal residency. Any individual who does not show proof of legal residency at the time it is requested shall be disqualified from receiving benefits until such time as the required proof of the individual’s status is brought to the local office. The principal documents showing legal entry for permanent residency are the Form I-94,Arrival and Departure Record, and the Forms I-151 and I-551,Alien Registration Receipt Card. These forms are issued by the Immigration and Naturalization ServiceU.S. Citizenship and Immigration Services and should be accepted unless the proof is clearly faulty or there are reasons to doubt their authenticity. An individual will be required to provide the individual’s alien registration number at the time of claim filing.    c.    Any or all documents presented to the department by an alien shall be subject to verification with the immigration and naturalization serviceU.S. Citizenship and Immigration Services. The citizenship question shall be included on the initial claim form so that the response will be subject to the provisions of rule 871—24.56(96), administrative penalties, and rule 871—25.10(96), prosecution on overpayments.    d.    Rescinded IAB 8/6/03, effective 9/10/03.

        ITEM 8.    Amend subparagraph 24.60(3)"b" as follows:    (6)   An alien who has been formally granted deferred action or nonpriority status by the immigration and naturalization serviceU.S. Citizenship and Immigration Services.

        ITEM 9.    Amend rule 871—25.2(96) as follows:

    871—25.2(96) Policy of the investigation and recovery sectionunit.      25.2(1)   The policy of the investigation and recovery sectionunit is to take aggressive action to prevent, detect, and deter benefits paid through error by the agency or through willful misrepresentation or error by the claimant or others and investigate and penalize fraudulent actions on the part of claimants and employing units.    25.2(2)   It shall be the policy of the investigation and recovery sectionunit to maximize the recoupment of overpayments from those claimants who have received benefits to which they were not entitled. It shall also be the policy of the sectionunit to seek prosecution of persons whom the sectionunit believes have committed serious violations of the employment security law of Iowa.       This rule is intended to implement Iowa Code sections 96.11(1), 96.16, and 96.17(2).

        ITEM 10.    Amend rule 871—25.3(96), introductory paragraph, as follows:

    871—25.3(96) Functions of the investigation and recovery sectionunit.  The function of the investigation and recovery sectionunit is to:

        ITEM 11.    Amend subrule 25.3(1), introductory paragraph, as follows:    25.3(1)   Investigate and make determinations on issues within the scope of the investigation and recovery bureauunit which are referred by the general public, employing units, agency personnel, other agencies, and anonymous sources. The bureauunit shall examine allegations of the following type:

        ITEM 12.    Amend rule 871—25.4(96) as follows:

    871—25.4(96) Allegation of claimant fraud.  The procedure to be followed where an allegation of claimant fraud has been made is:    25.4(1)   Upon receipt of an allegation of claimant fraud, if the alleging party supplies sufficient information to proceed with an investigation, the alleging party shall be advised that the investigation and recovery bureauunit will make a full investigation of the allegation. The alleging party will be advised of the bureau’sunit’s findings, if such investigation could affect the employer account of the alleging party or affect a claim for benefits of the alleging party.    25.4(2)   The allegations will be promptly forwarded to the investigation and recovery sectionunit for investigation.    25.4(3)   If the findings revealed through the investigation by the investigation and recovery bureauunit indicate that a disqualification would have resulted for the period benefits were paid, an informal fact-finding interview shall be scheduled to allow the party making the allegation and the claimant an opportunity to give testimony. The investigation and recovery bureauunit will determine if separate fact-finding interviews are necessary for the claimant and party making the allegations and any other party with pertinent information.    25.4(4)   If the claimant or any other party with pertinent information wishes to invoke the fifth amendment right to remain silent, the investigator can require the claimant or any other party with pertinent information to answer all questions or produce any pertinent documents. However, the claimant or any other party with pertinent information cannot be prosecuted on the basis of any transaction, matter, or thing concerning which the claimant or any other party with pertinent information is compelled, after having claimed the privilege against self-incrimination, to testify or produce evidence.    25.4(5)   In the event a local office receives an allegation by anonymous communication, the office will forward such information to the investigation and recovery bureauunit.       This rule is intended to implement Iowa Code sections 96.16 and 96.11(10).

        ITEM 13.    Amend rule 871—25.5(96) as follows:

    871—25.5(96) Allegation of employing unit fraud.  The following is the general procedure to be followed by the investigation and recovery bureauunit in an employing unit fraud investigation:    25.5(1)   Upon receipt of an allegation of employing unit fraud the party making the allegation will provide sufficient information to proceed with an investigation. Information such as the identification and location of the employing unit, the individual or group of individuals suspected of fraudulent action, and what fraudulent action is occurring will be provided, if possible.    25.5(2)   The allegation will be promptly forwarded to the investigation and recovery bureauunit for investigation.    25.5(3)   The investigationsinvestigation and recovery unit may seek the assistance and expertise of the tax bureauunit staff.    25.5(4)   If the findings, revealed through the investigation by the investigation and recovery bureauunit, indicate that misrepresentation occurred on the part of the employer, an informal fact-finding interview will be scheduled for the party or parties to allow them an opportunity to present testimony either refuting or affirming the allegation of employer fraud.    25.5(5)   If the employer wishes to invoke the fifth amendment, the investigator can require the employer to answer all questions. However, the employer cannot be prosecuted on the basis of any transaction, matter, or issue concerning which such employer is compelled, after having invoked the privilege against self-incrimination, to testify or produce evidence.    25.5(6)   In the event a workforce development office receives an allegation, the office will forward such information to the investigation and recovery bureauunit, provided the communication identifies and supplies sufficient information to proceed with an investigation.       This rule is intended to implement Iowa Code sections 96.16 and 96.11(10).

        ITEM 14.    Amend subrule 25.6(4) as follows:    25.6(4)   An investigator shall have the authority to request all pertinent books, papers, correspondence, memoranda, and other records necessary in the investigation of any error or potential fraudulent activity committed by a claimant, employing unit, or other party. Likewise, testimony may be taken from any person who has relevant information or records concerning the matter or events under investigation. Any person, when requested by an investigator to produce records or give testimony, must be available personally to give testimony to or to produce records within a reasonable time for the investigator. If any person does not comply with the investigator’s request to give testimony to the department or produce records, a subpoena may be issued summoning the individual to appear before the investigator to give testimony or present the records.If the investigator determines that any request for the voluntary production of pertinent records might endanger the existence of such records, the investigation and recovery bureauunit may immediately issue a subpoena duces tecum which orders an individual to produce some document or paper that is pertinent to a pending investigation by the investigation and recovery bureauunit, in order to secure the production of such records.

        ITEM 15.    Amend subrule 25.6(5) as follows:    25.6(5)   The investigation and recovery bureauunit may seek the assistance and expertise of the field auditors.

        ITEM 16.    Amend subrule 25.6(7) as follows:    25.6(7)   Upon completion of the investigation, a determination shall be made as to whether or not fraudulent activity has occurred. If there is fraudulent activity, appropriate corrective action shall be initiated and the alleging party shall be advised of the investigation and recovery bureau’sunit’s findings, if such investigation could affect the employer account of the alleging party. The case may be prepared for prosecution if prosecution is warranted.

        ITEM 17.    Amend subrule 25.7(1) as follows:    25.7(1)    Determination by reason of the claimant’s own fault, employer’s fault, agency fault, or fraud as provided in Iowa Code section 96.16, that the claimant has received benefits to which such claimant was not entitled shall be made by the investigationsinvestigation and recovery unit on the basis of such facts as it may obtain.

        ITEM 18.    Amend subrule 25.7(3) as follows:    25.7(3)   Upon receiving a written request for review, the investigation and recovery bureauunit, based upon such facts as it has or may acquire, may affirm, modify, or reverse the prior decision or refer the matter to an administrative law judge. The claimant shall be promptly notified of such decision or referral. Unless the claimant files an appeal within ten calendar days after the date of mailing, such decision shall be final. Timeliness shall be determined by postmark within ten calendar days from the date of mailing shown on the decision or be received by the department within ten calendar days from the date of mailing.

        ITEM 19.    Amend subrule 25.7(4) as follows:    25.7(4)   The claimant may directly appeal the decision of the investigation and recovery bureauunit without a request for review, in which case the appeal will be referred directly to the appeals section of the department.

        ITEM 20.    Amend subrule 25.9(3) as follows:    25.9(3)   Sources of information concerning the application of an administrative penalty shall be the same as those pertaining to fraud and overpayment, namely:    a.    Employer report of wages, with comparative analysis of them with concurrent benefit payments.    b.    Local office obtaining late reports by claimant of deductible income items or potentially disqualifying circumstances.    c.    Tips and leads from other sources of claimant being employed while claiming benefits or that such claimant did not otherwise meet the eligibility requirements.    d.    Cross-checking of information on death tapes from the vital statistics section, division of administration, department of public health.    e.    Review of claims using social security numbers not issued by the social security administration.    f.    Cross-checking of information from the Iowa centralized employer registry.    g.    Cross-checking of information with the National Directory of New Hires.    h.    Cross-checking of information on incarcerated individuals from the Iowa department of corrections.    i.    Cross-checking of information with fraud detection tools identified by the department.

        ITEM 21.    Amend subrule 25.9(9) as follows:    25.9(9)   A criminal conviction of a claimant for fraud or an order of the court requiring restitution for the amount of the overpayment shall not preclude the investigation and recovery bureauunit from also imposing an administrative penalty denying further benefits to the claimant for a period of time not to exceed the remainder of said claimant’s benefit year and including the week in which such determination is made by the investigation and recovery bureauunit.

        ITEM 22.    Amend rule 871—25.10(96) as follows:

    871—25.10(96) Prosecution on overpayments.      25.10(1)   When an overpayment occurs due to misrepresentation, the case shall be given a thorough and detailed review of the facts, as obtained by the investigation and recovery bureauunit, to determine if a prosecution for fraud would meet the county attorney’s criteria.    a.    The claimant shall be afforded an opportunity to give testimony either refuting or affirming the overpayment.    b.    The investigation and recovery bureauunit will issue a decision concerning the overpayment.    25.10(2)   Restitution or the establishment of a repayment plan of an amount overpaid to a claimant due to fraudulent misrepresentation or failure to disclose a material fact shall not preclude the investigation and recovery bureauunit from instituting criminal proceedings against the claimant.       This rule is intended to implement Iowa Code sections 96.11(1) and 96.16(2).

        ITEM 23.    Amend rule 871—25.12(96) as follows:

    871—25.12(96) Wage cross match auditverification procedure.      25.12(1)   Each quarter, cross match audit Forms 65-5321wage verification documents are mailed to selected employers requesting wage information on specific claimants as it concerns benefit payments.    25.12(2)   The formdocuments, upon completion by the employer, isare sent to the investigation and recovery bureauunit for entering in the Iowa workforce development database system. If the form is not completed properly, it is sent to the employing unit for correct information and then returned for processing. Any potentialreview. Potential cases of conflict generated by the computer program will result in an investigation assignment and investigation packet. Claimants will be notified by means of Form 65-5332,(Preliminary Audit Notice), and given an opportunity to respond. If it is determined that an overpayment has occurred, the investigator will prepare Form 68-0031, Decision Overpayment Worksheet, on which the amount, weeks, type, and reason for the overpayment are identified. Claimants are notified of the determination on Form 65-5323, Unemployment Insurance Decision.    25.12(3)   An employer may choose to participate in the automated crossmatchwage verification procedure by following the electronic submission guidelines.    25.12(4)   An employer that fails to respond to a request for wage information pertaining to specific claimant(s) as such request pertains to benefit payments will be charged a fee of $25 per claimant.       This rule is intended to implement Iowa Code section 96.11(1).
        [Filed 4/25/18, effective 6/27/18][Published 5/23/18]Editor’s Note: For replacement pages for IAC, see IAC Supplement 5/23/18.
    ARC 3813CWorkforce Development Department[871]Adopted and Filed

    Rule making related to claims

        The Director of the Workforce Development Department hereby amends Chapter 24, “Claims and Benefits,” and Chapter 25, “Benefit Payment Control,” Iowa Administrative Code.Legal Authority for Rule Making    This rule making is adopted under the authority provided in Iowa Code section 96.11.State or Federal Law Implemented    This rule making implements, in whole or in part, Iowa Code chapter 96.Purpose and Summary    These amendments clarify procedures for initial claims and specify the repayment terms for overpayments.   Public Comment and Changes to Rule Making    Notice of Intended Action for this rule making was published in the Iowa Administrative Bulletin on March 14, 2018, as ARC 3666C. The Notice was reviewed by the Administrative Rules Review Committee at its meeting held on April 6, 2018. No questions or comments were received from Committee members. No public comments were received. No changes from the Notice have been made.Adoption of Rule Making    This rule making was adopted by the Director of the Department on April 25, 2018.Fiscal Impact     This rule making has no fiscal impact to the State of Iowa. Jobs Impact    After analysis and review of this rule making, no impact on jobs has been found.Waivers    Any person who believes that the application of the discretionary provisions of this rule making would result in hardship or injustice to that person may petition the Department for a waiver of the discretionary provisions, if any. Review by Administrative Rules Review Committee    The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rule making by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rule making at its regular monthly meeting or at a special meeting. The Committee’s meetings are open to the public, and interested persons may be heard as provided in Iowa Code section 17A.8(6).Effective Date    This rule making will become effective on June 27, 2018.    The following rule-making actions are adopted:

        ITEM 1.    Amend paragraph 24.2(1)"g", introductory paragraph, as follows:    g.    No continued claim for benefitsbenefit payment shall be allowed until the individual claiming benefits has completed a continued claimonline or claimed benefits as otherwise directed by the department.

        ITEM 2.    Amend paragraph 24.9(1)"a" as follows:    a.    When an initial claim for benefits is filed, the department shall send to the individual claiming benefits, including a notificationconsisting of a statement of the individual’s weekly benefit amount, total benefits, base period wages, and other data pertinent to the individual’s benefit rights.

        ITEM 3.    Amend paragraph 25.7(6)"c" as follows:    c.    If a claimant fails to respond to the first statement of overpayment, a second statement shall be sent 30 days later. The second statement notifies the claimant that full repayment must be made. If the claimant cannot make full repayment, the department will consider a monthly repayment agreement. Monthly amounts based on the minimum repayment agreement schedule below will be printed on the second billing. The first repayment is expected 10 days from the date of the second repayment statement and the additional repayments every 30 days thereafter until the debt is paid in full. The department reserves the right to accept or reject any proposed repayment agreement. The following minimum repayment agreement is acceptable byto the department.    Amount ofOriginalOverpayment    MinimumMonthlyPayments    Number of MonthsRequired to Liquidatethe Overpayment    Under $199    $ 25    1 to 8    $200 to $399    $ 4050    5 to 104 to 8    $400 to $599    $ 5075    8 to 125 to 8    $600 to $799    $ 6590    9 to 136 to 9    $800 to $999    $ 80100    10 to 138 to 10    $1000 to $1499    $ 90150    11 to 176 to 10    $1500 to $1999    $100200    15 to 207 to 10    $2000 to $2999    $110250    18 to 288 to 12    $3000 and over    $130300    23 to —10 to —    [Filed 4/25/18, effective 6/27/18][Published 5/23/18]Editor’s Note: For replacement pages for IAC, see IAC Supplement 5/23/18.

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