ARC 8444C - Iowa Administrative Rules

Adopted and Filed

Parole discharge, ch 12

Untitled document

ARC 8444C

PAROLE BOARD[205]

Adopted and Filed

Rulemaking related to parole discharge

The Parole Board hereby rescinds Chapter 12, “Parole Discharge,” 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, 904A, 906, 908, 914 and 915.

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 of administrative rules based on requirements of Executive Order 10 as well as statutory changes based on 2023 Iowa Acts, Senate File 514. Chapter 12 provides information to the public regarding when someone may be discharged from parole supervision.

Public Comment and Changes to Rulemaking

Notice of Intended Action for this rulemaking was published in the Iowa Administrative Bulletin on August 7, 2024, as ARC 8188C. A public hearing was held on the following date(s):

●August 27, 2024

●September 3, 2024

No one attended the public hearings. No public comments were received. 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 12 and adopt the following new chapter in lieu thereof:

CHAPTER 12

PAROLE DISCHARGE

205—12.1(906) Discharge from parole supervision.

12.1(1) Statutory discharge. The board discharges a parolee from parole supervision when the term of the parolee’s sentence expires.

12.1(2) Early discharge. The board or the supervising district department may discharge a parolee from parole supervision prior to the expiration of the term of the parolee’s sentence when the board or district department determines that the parolee is able and willing to fulfill the obligations of a law-abiding citizen without further supervision.

205—12.2(906) Persons not eligible. A parolee convicted of a violation of Iowa Code section 709.3, 709.4, or 709.8 committed on or with a child or a person serving a sentence under Iowa Code section 902.12 is not eligible to be discharged from parole until the person’s term of parole equals the period of imprisonment specified in the person’s sentence, less all time served in confinement.

These rules are intended to implement Iowa Code section 906.15.

[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.