ARC 8182C - Iowa Administrative Rules

Notice of Intended Action

Parole and work release supervision, ch 10

Untitled document

ARC 8182C

PAROLE BOARD[205]

Notice of Intended Action

Proposing rulemaking related to parole and work release supervision
and providing an opportunity for public comment

The Parole Board hereby proposes to rescind Chapter 10, “Parole and Work Release Supervision,” Iowa Administrative Code, and to adopt a new chapter with the same title.

Legal Authority for Rulemaking

This rulemaking is proposed under the authority provided in Iowa Code chapters 17A, 904, 904A and 906.

State or Federal Law Implemented

This rulemaking implements, in whole or in part, 2023 Iowa Acts, Senate File 514.

Purpose and Summary

This proposed rulemaking contains revisions of administrative rules based on the requirements of Executive Order 10 as well as statutory changes based on 2023 Iowa Acts, Senate File 514. Chapter 10 provides information to the public about who may be considered for parole and work release as well as what factors the Board considers and sets out the notification procedures.

Regulatory Analysis

A Regulatory Analysis for this rulemaking was published in the Iowa Administrative Bulletin on May 29, 2024. A public hearing was held on the following date(s):

●June 18, 2024

Fiscal Impact

This rulemaking has no fiscal impact to the State of Iowa.

Jobs Impact

After analysis and review of this rulemaking, no impact on jobs has been found.

Waivers

Any person who believes that the application of the discretionary provisions of this rulemaking 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 comments concerning this proposed rulemaking. Written comments in response to this rulemaking must be received by the Board no later than 4:30 p.m. on August 27, 2024. Comments should be directed to:

Steven Clarke
Board of Parole
510 East 12th Street
Des Moines, Iowa 50319
Email: steven.clarke@iowa.gov

Public Hearing

Public hearings at which persons may present their views orally or in writing will be held as follows:

August 27, 2024 3:30 to 4 p.m.	Virtual Hearing Room meet.google.com/kbc-trnd-kqd?hs=122&authuser=0
September 3, 2024 3:30 to 4 p.m.	Virtual Hearing Room meet.google.com/kbc-trnd-kqd?hs=122&authuser=0

Persons who wish to make oral comments at a public hearing may be asked to state their names for the record and to confine their remarks to the subject of this proposed rulemaking.

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.

Review by Administrative Rules Review Committee

The Administrative Rules Review Committee, a bipartisan legislative committee which oversees rulemaking by executive branch agencies, may, on its own motion or on written request by any individual or group, review this rulemaking 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 rulemaking action is proposed:

ITEM 1.Rescind 205—Chapter 10 and adopt the following new chapter in lieu thereof:

CHAPTER 10

PAROLE AND WORK RELEASE SUPERVISION

205—10.1(906) Release processing. Following the issuance of an order for parole or work release by the board, the inmate will be processed for release pursuant to the rules and procedures of the department of corrections.

205—10.2(906) Parole supervision. An inmate granted parole or work release is under the supervision of the department of corrections or a receiving state pursuant to the interstate compact for adult offender supervision. Parole supervision continues until the expiration of the maximum sentence, subject to early discharge by the board or the district department.

205—10.3(906) Parole or work release agreement. A parole or work release agreement containing standard and special conditions of parole or work release will be prepared without unreasonable delay following the board’s issuance of the order for parole or work release. The board may change these standard conditions from time to time. Special conditions of parole may be imposed at any time in accordance with the needs of the parolee as determined by the board and the department of corrections. The parole or work release agreement may provide for a search process and procedure of the parolee or work releasee. The parole or work release does not commence until the inmate has signed the agreement unless as otherwise prescribed by law. If the inmate is on work release status at the time parole is granted, the inmate remains on work release status until the parole agreement is signed by the parole officer and the inmate.

These rules are intended to implement Iowa Code chapters 906 and 907B.