ARC 4153C

ARC 4153C

CORRECTIONS DEPARTMENT[201]

Notice of Intended Action

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

The Corrections Department hereby proposes to amend Chapter 1, "Departmental Organization and Procedures," Chapter 38, "Sex Offender Management and Treatment," Chapter 42, "Probation Services," Chapter 43, "Residential Facilities," Chapter 44, "Work Release," and Chapter 45, "Parole," Iowa Administrative Code.

Legal Authority for Rule Making

This rule making is proposed under the authority provided in Iowa Code section 904.108.

State or Federal Law Implemented

This rule making implements, in whole or in part, Iowa Code sections 17A.3 and 905.7.

Purpose and Summary

Amendments to Chapters 1, 38, 42, 43, 44 and 45, as well as to other chapters of the Department's rules, were Adopted and Filed and published in the August 1, 2018, Iowa Administrative Bulletin as ARC 3929C. On August 14, 2018, the Administrative Rules Review Committee expressed concern regarding the changes to the rules pertaining to the judicial districts. Pursuant to Iowa Code section 17A.4, the Committee voted to delay the effective date of ARC 3929C for 70 days, allowing time for further discussion for the Department and the judicial districts to finalize changes. At its November 13, 2018, meeting, the Administrative Rules Review Committee reviewed language proposed by Corrections Department staff and, pursuant to Iowa Code section 17A.3, approved emergency adoption of the amendments that are also proposed in this Notice of Intended Action.

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 December 26, 2018. Comments should be directed to:

Public 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).

Emergency Rule Making Adopted by Reference

This proposed rule making is also published herein as an Adopted and Filed Emergency rule making (see ARC 4152C, IAB 12/5/18). The purpose of this Notice of Intended Action is to solicit public comment on that emergency rule making, whose subject matter is hereby adopted by reference.