ARC 8186C - Iowa Administrative Rules

Notice of Intended Action

Victim notification, ch 7

Untitled document

ARC 8186C

PAROLE BOARD[205]

Notice of Intended Action

Proposing rulemaking related to victim notification
and providing an opportunity for public comment

The Parole Board hereby proposes to rescind Chapter 7, “Victim Notification,” 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, 22, 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 includes revisions to administrative rules based on the requirements of Executive Order 10 as well as statutory changes based on 2023 Iowa Acts, Senate File 514. Chapter 7 provides information to members of the public in general, and victims of crime specifically, of the rights the two groups have to appear or make statements, or both, to the Board regarding releasing decisions.

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 7 and adopt the following new chapter in lieu thereof:

CHAPTER 7

VICTIM NOTIFICATION

205—7.1(915) Definitions. The definitions for “notification,” “registered,” “victim,” and “violent crime” are set forth in Iowa Code section 915.10 and are incorporated herein.

“Parole interview” means an interview conducted by the board to consider an inmate’s prospects for parole pursuant to Iowa Code section 906.5.

205—7.2(915) Victim registration. A victim may register by filing a written request-for-registration form with the county attorney. The procedures are set out in Iowa Code section 915.12.

205—7.3(915) Victim notification. The board will notify a registered victim of a violent crime not less than 20 days prior to conducting an interview with the inmate and will inform the victim that the victim may submit an opinion concerning the release of the inmate in writing prior to the interview or may appear personally or by counsel at the interview to express an opinion concerning the inmate’s release.

205—7.4(915) Notification of decision. Whether or not the victim appears at the interview or expresses an opinion concerning the offender’s release on parole, the board will notify the victim of the board’s decision regarding release of the offender.

205—7.5(915) Written opinions concerning release. A registered victim may submit a written opinion concerning the release of the inmate to the board’s business office prior to the parole interview. The written opinion will be made a permanent part of the inmate’s file and shall be reviewed when the board considers the inmate’s prospects for parole.

205—7.6(915) Appearances at parole interviews.

7.6(1) A registered victim of a violent crime may appear in person, personally or by counsel, at a parole interview to express an opinion concerning the release of the inmate.

7.6(2) Parole interviews are generally conducted by electronic means and governed by Iowa Code chapter 21.

7.6(3) A registered victim of a violent crime should contact the board’s business office or victim liaison at least three days prior to the start of the parole interview to ensure that the board has the proper information to allow the victim to participate in the meeting.

7.6(4) During the parole interview, the board will permit the victim or victim’s counsel to express an opinion concerning the release of the inmate.

205—7.7(915,22) Disclosure of victim information. Information regarding a registered victim, as well as the existence of a registered victim in a particular case, is confidential and will not be disclosed to the public. A victim’s registration, and the substance of any opinion submitted by the victim regarding the inmate’s release, will not be disclosed to the inmate.

These rules are intended to implement Iowa Code chapter 915.