Iowa Admin. Code r. 201-44.6

Current through Register Vol. 47, No. 11, December 11, 2024

Rule 201-44.6 - Violations

(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 deputy director of community-based corrections, or the sending institution.

(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).

(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.

(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.

(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.

(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.

(7)Special transfers. Transfers from one facility to another or from a facility to a designated Iowa classification center may be allowed in special circumstances with the approval of the department of corrections.

Iowa Admin. Code r. 201-44.6

Amended by IAB August 1, 2018/Volume XLI, Number 3, effective 9/5/2018