ARC 8209C

ARC 8209C

Proposing rulemaking related to organization and general administration
and providing an opportunity for public comment

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

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.

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

CHAPTER 1

ORGANIZATION AND GENERAL ADMINISTRATION

205—1.1(904A) Board description.

1.1(1) The board of parole is established by Iowa Code chapter 904A and consists of five members, including a chairperson and vice chairperson.

1.1(2) Requirements for the composition of the board and the selection of a chairperson, a vice chairperson, and board members are set out in Iowa Code chapter 904A.

1.1(3) As used in the rules of the board of parole, the term “board” means the Iowa board of parole.

205—1.2(904A) Board responsibilities. The statutory responsibilities of the board are set out in Iowa Code chapter 904A.

205—1.3(904A) Business location and hours. The board’s business office address is Jessie Parker Building, 510 East 12th Street, Des Moines, Iowa 50319; telephone 515.725.5757. Business hours are 8 a.m.

to 4:30 p.m., Monday through Friday, excluding legal holidays.

205—1.4(904A) Board meetings.

1.4(1) Meetings. The board may conduct the following meetings:

a.Business meeting. The board may meet each month to consider rules, procedures and other matters.

b.Public hearing. The board may conduct a public hearing to solicit input and comment on parole and work release procedures.

c.Board session. Board sessions will be held each month at any location designated by the chairperson. A board session may include:

(1)Parole and work release case reviews;

(2)Parole and work release interviews;

(3)Parole rescission;

(4)Parole discharge reviews; and

(5)Executive clemency reviews.

1.4(2) Quorum.

a.A majority of the members of the board constitutes a quorum.

b.The chairperson designates panels composed of at least three board members to conduct board sessions except as provided herein.

1.4(3) Majority vote. All questions are decided by a majority vote of the members.

1.4(4) Minutes. The board keeps copies of the minutes of board meetings on file at the business office. The list of individuals considered by the board for action constitutes the minutes of a board session.

1.4(5) Public notice and agenda. The board establishes the date, time, and location of all meetings. The board gives public notice of all meetings pursuant to Iowa Code chapter 21. The board mails copies of, or provides by electronic means, notices of public meetings and a tentative agenda to news media that have so requested. When it is determined that an emergency meeting is required, the board notifies any news media that have requested notification as soon as the need for an emergency meeting has been decided. The nature of the emergency will be stated in the minutes.

1.4(6) Public access to meetings. Members of the public have access to board meetings as provided in Iowa Code chapter 21. Persons wishing to appear before the board will submit their requests to the business office not less than three days prior to the business meeting. Members of the public wishing to attend board meetings conducted in department of corrections penal institutions should consult, in advance, department of corrections administrative rules relating to visitation and public access.

1.4(7) Electronic meetings. The board may conduct a meeting by electronic means as provided in Iowa Code section 21.8.

These rules are intended to implement Iowa Code chapter 904A.