ARC 8438C - Iowa Administrative Rules

Adopted and Filed

Public communications and records, ch 6

Untitled document

ARC 8438C

PAROLE BOARD[205]

Adopted and Filed

Rulemaking related to public communications and records

The Parole Board hereby rescinds Chapter 6, “Public Communications and Records,” Iowa Administrative Code, and adopts a new chapter with the same title.

Legal Authority for Rulemaking

This rulemaking is adopted 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 rulemaking contains 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 6 provides information to the public on how to obtain public information and how to make submissions to the Board. It provides the public with the Iowa Code sections that specify what information is public and what is confidential concerning inmates and parolees.

Public Comment and Changes to Rulemaking

Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on September 18, 2024, as ARC 8211C. A public hearing was held on the following date(s):

●October 8, 2024

●October 15, 2024

No one attended the first public hearing. Two people attended the second public hearing but had no comments or questions.No changes from the Notice have been made.

Adoption of Rulemaking

This rulemaking was adopted by the Board on November 14, 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.

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).

Effective Date

This rulemaking will become effective on January 15, 2025.

The following rulemaking action is adopted:

ITEM 1.Rescind 205—Chapter 6 and adopt the following new chapter in lieu thereof:

CHAPTER 6

PUBLIC COMMUNICATIONS AND RECORDS

205—6.1(22) General. The public may obtain information or make submissions to the board through the board’s business office.

205—6.2(22) Communications from persons other than victims.

6.2(1) Written communication. Communications by a person other than a victim, as defined in Iowa Code section 915.10, concerning an inmate, parolee, or work releasee should be in writing so that the communication may readily be made a permanent part of the case file. Oral communications concerning an inmate, parolee, or work releasee by a person other than a victim will be heard only with the consent of the board.

6.2(2) Disclosure to inmate. The board will place a written communication concerning an inmate, parolee, or work releasee in the case file.

205—6.3(22) Examination of board records.

6.3(1) General. The public may examine and copy public records belonging to the board pursuant to Iowa Code chapter 22 at the board’s business office. An individual wishing to examine or copy a record in person should schedule an appointment with the board’s business office a minimum of three working days prior to the date on which the individual will review the information in question. When making the appointment, the requesting party should specifically indicate the information desired. Complete inmate files will not be released except by court order. When photocopies of documents or copies of audiotapes or videotapes are provided, the board may require the requester to pay the cost of the copies plus a reasonable charge for copying pursuant to 205—subrule 5.3(7). The board may refer anyone requesting information that has been generated by a source outside the board to the agency or individual that generated the information.

6.3(2) Lawful custodian. The chairperson or the chairperson’s designee as the lawful custodian of the records will be responsible for implementing the board’s rules regarding disclosure of public records and coordination of staff in this regard and generally ensuring compliance by the staff with public records disclosure requirements.

205—6.4(904) Disclosure of information regarding inmates and parolees.

6.4(1) Public information. Iowa Code section 904.602(1) defines what information regarding individuals receiving services from the department of corrections may be disclosed by the board to anyone who requests such information.

6.4(2) Confidential information regarding inmates and parolees. Iowa Code section 904.602(2) defines information regarding individuals receiving services from the department of corrections that is confidential and will not be disclosed to the public.

a.Correspondence of a personal or confidential nature as determined by the board or the department directed to the board or the department of corrections from an individual’s family, victims, or employers is confidential.

b.Communications to the board by members of the public other than public officials to the extent that the board believes that those members of the public would be discouraged from making the communications if the communications were available for general public examination is confidential.

c.Victim registrations pursuant to 205—Chapter 7. A record containing information that is both public and confidential that is reasonably segregable is not confidential after deletion of the confidential information.

6.4(3) Exceptions. The board may disclose confidential information described in subrule 6.4(2) as follows:

a.The board may release statistical information that does not identify particular individuals.

b.The board may disclose information to the department of corrections; public officials for use in connection with their duties relating to law enforcement, audits, and other purposes directly connected with the administration of their programs; and public and private agencies providing services to individuals. Those receiving information are subject to the same standards as the board in dissemination and redissemination of information.

c.The board may disclose information when necessary for civil or criminal court proceedings pursuant to court order. The board may seek to have the court limit disclosure of confidential information.

d.The board will give a supervised individual or former supervised individual access to the individual’s own records in the custody of the board, except for those records that could result in physical or psychological harm to the individual or others, and disciplinary reports. Upon written authorization by a supervised individual or former supervised individual, the board may release information to any party included in the written release. This information is restricted to that which the individual can obtain.

These rules are intended to implement Iowa Code chapter 22 and sections 904.601, 904.602, and 904A.4.

[Filed 11/15/24, effective 1/15/25]

[Published 12/11/24]

EDITOR’S NOTE: For replacement pages for IAC, see IAC Supplement 12/11/24.