CHAPTER 904 DEPARTMENT OF CORRECTIONS
This chapter not enacted as a part of this title; transferred from chapter 246 in Code 1993 See § 218.95 for provisions pertaining to construction of synonymous terms

904.101 DEFINITIONS.
904.102 DEPARTMENT ESTABLISHED -- INSTITUTIONS.
904.103 RESPONSIBILITIES OF DEPARTMENT.
904.104 BOARD CREATED.
904.105 BOARD -- DUTIES.
904.106 MEETINGS -- EXPENSES.
904.107 DIRECTOR -- APPOINTMENT AND QUALIFICATIONS.
904.108 DIRECTOR -- DUTIES, POWERS.
904.109 POWERS OF GOVERNOR -- REPORT OF ABUSES.
904.110 OFFICIAL SEAL.
904.111 CHAPTER 28E AGREEMENTS.
904.112 INSTITUTIONAL RECEIPTS.
904.113 GIFTS.
904.114 TRAVEL EXPENSES.
904.115 REPORT BY DEPARTMENT.
904.116 INSTITUTIONAL APPROPRIATIONS AND EXPENDITURES -- LEGISLATIVE OVERSIGHT.
904.117 INTERSTATE COMPACT FUND.
904.118 IOWA CORRECTIONS OFFENDER NETWORK -- FUND.
904.118A CENTRAL WAREHOUSE FUND.
904.119 PRIVATE SECTOR HOUSING OF INMATES -- PROHIBITION.
904.201 IOWA MEDICAL AND CLASSIFICATION CENTER.
904.202 INTAKE AND CLASSIFICATION CENTER.
904.203 ROCKWELL CITY CORRECTIONAL FACILITY.
904.204 MOUNT PLEASANT CORRECTIONAL FACILITY -- SPECIAL TREATMENT UNIT.
904.205 CLARINDA CORRECTIONAL FACILITY.
904.206 NEWTON CORRECTIONAL FACILITY.
904.207 VIOLATOR FACILITY.
904.301 APPOINTMENT OF SUPERINTENDENTS.
904.302 FARM OPERATIONS ADMINISTRATOR.
904.303 OFFICERS AND EMPLOYEES -- COMPENSATION.
904.303A TRAINING -- FUND.
904.304 BONDS.
904.305 DWELLING HOUSE OR QUARTERS.
904.306 CONFERENCES.
904.307 ANNUAL REPORTS.
904.308 COOPERATION.
904.309 CONSULTANTS.
904.310 CANTEENS.
904.310A INSTITUTION READING ROOMS.
904.311 CONTINGENT FUND -- INMATE TORT CLAIM FUND.
904.311A PRISON RECYCLING FUNDS.
904.312 PURCHASE OF SUPPLIES.
904.312A MOTOR VEHICLES.
904.312B PURCHASE OF BIO-BASED HYDRAULIC FLUIDS, GREASES, AND OTHER INDUSTRIAL LUBRICANTS.
904.312C PURCHASE OF DESIGNATED BIOBASED PRODUCTS.
904.313 EMERGENCY PURCHASES.
904.314 PLANS AND SPECIFICATIONS FOR IMPROVEMENTS.
904.315 CONTRACTS FOR IMPROVEMENTS.
904.316 PAYMENT FOR IMPROVEMENTS.
904.317 DIRECTOR MAY BUY AND SELL REAL ESTATE -- OPTIONS.
904.318 FIRE PROTECTION CONTRACTS.
904.319 TEMPORARY QUARTERS IN EMERGENCY.
904.320 PRIVATE TRANSPORTATION OF PRISONERS.
904.401 INVESTIGATION.
904.402 INVESTIGATION OF OTHER INSTITUTIONS.
904.403 INVESTIGATORY POWERS -- WITNESSES.
904.404 CONTEMPT.
904.405 RECORDING OF TESTIMONY.
904.501 REPORTS TO DIRECTOR.
904.502 QUESTIONABLE COMMITMENT.
904.503 TRANSFERS -- PERSONS WITH MENTAL ILLNESS.
904.504 FEDERAL PRISONERS.
904.505 DISCIPLINARY PROCEDURES -- USE OF FORCE.
904.506 CONFISCATION OF CURRENCY.
904.507 ESCAPE.
904.507A LIABILITY FOR ESCAPEE EXPENSES.
904.508 PROPERTY OF INMATE -- INMATE SAVINGS FUND.
904.508A INMATE TELEPHONE FUND.
904.509 MONEY DEPOSITED WITH TREASURER OF STATE.
904.510 RELIGIOUS PREFERENCE.
904.511 TIME FOR RELIGION.
904.512 VISITS.
904.513 ASSIGNMENT OF OWI VIOLATORS TO TREATMENT FACILITIES.
904.514 REQUIRED TEST.
904.515 HUMAN IMMUNODEFICIENCY VIRUS-RELATED MATTERS -- EXEMPTION.
904.516 ACADEMIC ACHIEVEMENT OF INMATES -- LITERACY AND HIGH SCHOOL EQUIVALENCY PROGRAMS.
904.601 RECORDS OF INMATES.
904.602 CONFIDENTIALITY OF RECORDS -- PENALTY.
904.603 ACTION FOR DAMAGES.
904.701 SERVICES REQUIRED -- GRATUITOUS ALLOWANCES -- HARD LABOR -- RULES.
904.702 DEDUCTIONS FROM INMATE ACCOUNTS.
904.703 SERVICES OF INMATES -- INSTITUTIONS AND PUBLIC SERVICE -- INMATE LABOR FUND.
904.704 LIMITATION ON CONTRACTS.
904.705 INDUSTRIES -- FORESTRY NURSERIES.
904.706 REVOLVING FARM FUND.
904.801 STATEMENT OF INTENT.
904.802 DEFINITIONS.
904.803 PRISON INDUSTRIES ADVISORY BOARD.
904.804 DUTIES OF INDUSTRIES BOARD.
904.805 DUTIES OF STATE DIRECTOR.
904.806 AUTHORITY OF STATE DIRECTOR NOT IMPAIRED.
904.807 PRICE LISTS TO PUBLIC OFFICIALS.
904.808 STATE PURCHASING REQUIREMENTS -- EXCEPTIONS.
904.809 PRIVATE INDUSTRY EMPLOYMENT OF INMATES OF CORRECTIONAL INSTITUTIONS.
904.810 AND 904.811
904.812 RESTRICTION ON GOODS MADE AVAILABLE.
904.813 INDUSTRIES REVOLVING FUND -- USES.
904.814 INMATE ALLOWANCE SUPPLEMENT REVOLVING FUND.
904.815 SALE OF PRODUCTS.
904.901 WORK RELEASE PROGRAM.
904.902 WORK RELEASE -- PERSONS SERVING MANDATORY MINIMUM SENTENCE.
904.903 AGREEMENT BY INMATE.
904.904 HOUSING FACILITIES -- HALFWAY HOUSES.
904.905 SURRENDER OF EARNINGS.
904.906 STATUS OF INMATES ON WORK RELEASE.
904.907 PAROLE NOT AFFECTED.
904.908 ALLEGED WORK RELEASE VIOLATORS -- TEMPORARY CONFINEMENT BY COUNTIES -- REIMBURSEMENT.
904.909 WORK RELEASE AND OWI VIOLATORS -- REIMBURSEMENT TO DEPARTMENT FOR TRANSPORTATION COSTS.
904.910 INSTITUTIONAL WORK RELEASE PROGRAM.



        

904.101 DEFINITIONS. For purposes of this chapter, unless the context otherwise requires: 1. "Board" means the board of corrections established in section 904.104. 2. "Department" means the Iowa department of corrections established in section 904.102. 3. "Director" means the director of the department.

         >Section History: Recent Form

         83 Acts, ch 96, § 2, 159
         CS83, § 217A.1
         85 Acts, ch 21, § 54
         CS85, § 246.101
         C93, § 904.101
        

904.102 DEPARTMENT ESTABLISHED -- INSTITUTIONS. The Iowa department of corrections is established to be responsible for the control, treatment, and rehabilitation of offenders committed under law to the following institutions: 1. Iowa correctional institution for women. 2. Anamosa state penitentiary. 3. Iowa state penitentiary. 4. Iowa medical and classification center. 5. North central correctional facility at Rockwell City. 6. Mount Pleasant correctional facility. 7. Clarinda correctional facility. 8. Newton correctional facility. 9. Fort Dodge correctional facility. 10. Rehabilitation camps. 11. Other institutions related to an institution in subsections 1 through 10 but not attached to the campus of the main institution as program developments require.

         Section History: Recent Form

         83 Acts, ch 96, § 3, 159
         CS83, § 217A.2
         84 Acts, ch 1184, § 1; 84 Acts, ch 1219, § 9; 85 Acts, ch 21, §13,
      54
         CS85, § 246.102
         C93, § 904.102
         97 Acts, ch 130, § 2--4
         Referred to in § 7E.5, 135.11, 263.22, 266.37, 321J.22, 357H.1,
      904.101, 904.103, 904.108, 904.301, 904.318, 904.507A
        

904.103 RESPONSIBILITIES OF DEPARTMENT. The department shall administer the institutions listed in section 904.102. The department shall be responsible to the extent provided for by law for all of the following: 1. Accreditation and funding of community-based corrections programs including but not limited to pretrial release, probation, residential facilities, presentence investigation, parole, and work release. 2. Iowa state industries. 3. Jail inspections. 4. Other duties provided for by law.

         Section History: Recent Form

         83 Acts, ch 96, § 4, 159
         CS83, § 217A.3
         85 Acts, ch 21, § 54
         CS85, § 246.103
         C93, § 904.103
        

904.104 BOARD CREATED. A board of corrections is created within the department. The board shall consist of seven members appointed by the governor subject to confirmation by the senate. Not more than four of the members shall be from the same political party. Members shall be electors of this state. Members of the board shall serve four-year staggered terms.

         Section History: Recent Form

         83 Acts, ch 96, § 5, 158, 159
         CS83, § 217A.4
         85 Acts, ch 21, § 54
         CS85, § 246.104
         92 Acts, ch 1163, § 56
         C93, § 904.104
         93 Acts, ch 46, §4
         Referred to in § 904.101
         Confirmation, see § 2.32
        

904.105 BOARD -- DUTIES. The board of corrections shall: 1. Organize annually and select a chairperson and vice chairperson. 2. Adopt and establish policies for the operation and conduct of the department and the implementation of all department programs. 3. Recommend to the governor the names of individuals qualified for the position of director when a vacancy exists in the office. 4. Report immediately to the governor any failure by the director of the department to carry out any of the policy decisions or directives of the board. 5. Approve the budget of the department prior to submission to the governor. 6. Report biennially to the governor a summary of releases recommended, paroles granted, parole revocations, and other information relating to the parole of inmates as the board deems advisable. 7. Adopt rules in accordance with chapter 17A as the board deems necessary to transact its business and for the administration and exercise of its powers and duties. 8. Make recommendations from time to time to the governor and the general assembly. 9. Approve the locations for all state institutions which are penal, reformatory, or corrective. 10. Perform other functions as provided by law.

         Section History: Recent Form

         83 Acts, ch 96, § 6, 159
         CS83, § 217A.5
         85 Acts, ch 21, § 14, 54
         CS85, § 246.105
         86 Acts, ch 1245, § 1501
         C93, § 904.105
         Referred to in § 904.909
        

904.106 MEETINGS -- EXPENSES. The board shall meet at least twelve times a year. Special meetings may be called by the chairperson or upon written request of any three members of the board. The chairperson shall preside at all meetings or in the chairperson's absence, the vice chairperson shall preside. The members of the board shall be paid their actual expenses while attending the meetings. Each member of the board may also be able to receive compensation as provided in section 7E.6.

         Section History: Recent Form


         83 Acts, ch 96, § 7, 159
         CS83, § 217A.6
         85 Acts, ch 21, § 54
         CS85, § 246.106
         86 Acts, ch 1245, § 1502
         C93, § 904.106
        

904.107 DIRECTOR -- APPOINTMENT AND QUALIFICATIONS. The chief administrative officer for the department is the director. The director shall be appointed by the governor subject to confirmation by the senate and shall serve at the pleasure of the governor. The director shall be qualified in reformatory and prison management, knowledgeable in community-based corrections, and shall possess administrative ability. The director shall also have experience in the field of criminology and discipline and in the supervision of inmates in corrective penal institutions. The director shall not be selected on the basis of political affiliation, and while employed as the director, shall not be a member of a political committee, participate in a political campaign, be a candidate for a partisan elective office, and shall not contribute to a political campaign fund, except that the director may designate on the checkoff portion of the state or federal income tax return, or both, a party or parties to which a contribution is made pursuant to the checkoff. The director shall not hold any other office under the laws of the United States or of this or any state or hold any position for profit and shall devote full time to the duties of office.

         Section History: Recent Form

         83 Acts, ch 96, § 8, 159
         CS83, § 217A.7
         85 Acts, ch 21, § 54
         CS85, § 246.107
         C93, § 904.107
         Confirmation, see § 2.32
        

904.108 DIRECTOR -- DUTIES, POWERS. 1. The director shall: a. Supervise the operations of the institutions under the department's jurisdiction and may delegate the powers and authorities given the director by statute to officers or employees of the department. b. Supervise state agents whose duties relate primarily to the department. c. Establish and maintain a program to oversee women's institutional and community corrections programs and to provide community support to ensure continuity and consistency of programs. The person responsible for implementing this section shall report to the director. d. Establish and maintain acceptable standards of treatment, training, education, and rehabilitation in the various state penal and corrective institutions which shall include habilitative services and treatment for offenders with mental retardation. For the purposes of this paragraph, "habilitative services and treatment" means medical, mental health, social, educational, counseling, and other services which will assist a person with mental retardation to become self-reliant. However, the director may also provide rehabilitative treatment and services to other persons who require the services. The director shall identify all individuals entering the correctional system who are persons with mental retardation, as defined in section 222.2, subsection 5. Identification shall be made by a qualified professional in the area of mental retardation. In assigning an offender with mental retardation, or an offender with an inadequately developed intelligence or with impaired mental abilities, to a correctional facility, the director shall consider both the program needs and the security needs of the offender. The director shall consult with the department of human services in providing habilitative services and treatment to offenders with mental illness or mental retardation. The director may enter into agreements with the department of human services to utilize mental health institutions and share staff and resources for purposes of providing habilitative services and treatment, as well as providing other special needs programming. Any agreement to utilize mental health institutions and to share staff and resources shall provide that the costs of the habilitative services and treatment shall be paid from state funds. Not later than twenty days prior to entering into any agreement to utilize mental health institution staff and resources, other than the use of a building or facility, for purposes of providing habilitative services and treatment, as well as other special needs programming, the directors of the departments of corrections and human services shall each notify the chairpersons and ranking members of the joint appropriations subcommittees that last handled the appropriation for their respective departments of the pending agreement. Use of a building or facility shall require approval of the general assembly if the general assembly is in session or, if the general assembly is not in session, the legislative council may grant temporary authority, which shall be subject to final approval of the general assembly during the next succeeding legislative session. e. Employ, assign, and reassign personnel as necessary for the performance of duties and responsibilities assigned to the department. Employees shall be selected on the basis of fitness for work to be performed with due regard to training and experience and are subject to chapter 8A, subchapter IV. f. Establish standards of mental fitness which shall govern the initial recruitment, selection, and appointment of correctional officers. To promote these standards, the director shall by rule require a battery of psychological tests to determine cognitive skills, personality characteristics and suitability of all applicants for a correctional career. g. Examine all state institutions which are penal, reformatory, or corrective to determine their efficiency for adequate care, custody, and training of their inmates and report the findings to the board. h. Prepare a budget for the department, subject to the approval of the board, and other reports as required by law. i. Develop long-range correctional planning and an ongoing five-year corrections master plan. The director shall annually report to the general assembly to inform its members as to the status and content of the planning and master plan. j. Supervise rehabilitation camps within the state as may be established by the director. Persons committed to institutions under the department may be transferred to the facilities of the camp system and upon transfer shall be subject to the same laws as pertain to the transferring institution. k. Adopt rules subject to the approval of the board, pertaining to the internal management of institutions and agencies under the director's charge and necessary to carry out the duties and powers outlined in this section. l. Adopt rules, policies, and procedures, subject to the approval of the board, pertaining to the supervision of parole and work release. m. Provide routine administrative and support services to the board of parole. n. Cooperate with Iowa state university of science and technology to provide, for purposes of agricultural research, development, and testing, the use of resources, including property, facilities, labor, and services, connected with institutions listed in section 904.102. However, use of the resources by the university is subject to approval by the director. Before granting approval, the director shall require that the university compensate the department for the use of the resources, on terms specified by the director. o. Establish and maintain a correctional training program. 2. The director, with the express approval of the board, may establish for any inmate sentenced pursuant to section 902.3 a furlough program under which inmates sentenced to and confined in any institution under the jurisdiction of the department may be temporarily released. A furlough for a period not to exceed fourteen days may be granted when an immediate member of an inmate's family is seriously ill or has died, when an inmate is to be interviewed by a prospective employer, or when an inmate is authorized to participate in a training program not available within the institution. Furloughs for a period not to exceed fourteen days may also be granted in order to allow inmates to participate in programs or activities that serve rehabilitative objectives. 3. The director may establish a sales bonus system for the sales representatives for prison industry products. If a sales bonus system is established, the system shall not affect the status of the sales representatives under chapter 8A, subchapter IV. 4. The director may expend moneys from the support allocation of the department as reimbursement for replacement or repair of personal items of the department's employees damaged or destroyed by clients of the department during the employee's tour of duty. However, the reimbursement shall not exceed three hundred dollars for each item. The director shall establish rules in accordance with chapter 17A to carry out the purpose of this subsection. 5. The director may obtain assistance for the department for construction, facility planning, and project accomplishment with the department of administrative services and by contracting under chapter 28E for data processing with the department of human services or the department of administrative services. 6. The director may charge an inmate a correctional fee for custodial expenses incurred or which may be incurred while the inmate is in the custody of the department. The custodial expenses may include, but are not limited to, board and room, medical and dental fees including any necessary transportation fee not to exceed five dollars per visit, education costs, clothing costs, and the costs of supervision, services, and treatment to the inmate. The correctional fee shall not exceed the actual cost of keeping the inmate in custody. The correctional fees collected pursuant to this subsection shall be credited as a reimbursement to the appropriate correctional institution. This subsection does not limit the right of the director to obtain any other remedy authorized by law.

         Section History: Recent Form

         83 Acts, ch 96, § 9, 159
         CS83, § 217A.8
         84 Acts, ch 1150, § 1; 84 Acts, ch 1245, §4; 85 Acts, ch 21, § 15,
      54
         CS85, § 246.108
         86 Acts, ch 1245, § 315, 1503, 1504; 87 Acts, ch 139, §1
         C93, § 904.108
         96 Acts, ch 1111, § 3; 96 Acts, ch 1129, § 111; 96 Acts, ch 1219,
      § 76; 97 Acts, ch 190, § 3; 98 Acts, ch 1090, § 76, 84; 98 Acts, ch
      1131, § 4; 99 Acts, ch 114, §46; 2002 Acts, ch 1175, §47; 2003 Acts,
      ch 88, §1; 2003 Acts, ch 145, §278, 279, 286; 2008 Acts, ch 1180, §22

         Referred to in § 602.8107, 904.109, 904.115, 905.8
        

904.109 POWERS OF GOVERNOR -- REPORT OF ABUSES. Section 904.108, subsection 1, paragraph "a", does not limit the general supervisory or examining powers vested in the governor by the laws or constitution of the state, or legally vested by the governor in a committee appointed by the governor. The superintendent of an institution shall make reports to the board and the director as requested by the board and the director and the director shall report, in writing, to the governor any abuses found to exist in any of the institutions.

         Section History: Recent Form

         83 Acts, ch 96, § 15, 159
         CS83, § 217A.20
         85 Acts, ch 21, § 54
         CS85, § 246.109
         C93, § 904.109
        

904.110 OFFICIAL SEAL. The department shall have an official seal with the words "Iowa Department of Corrections" and other engraved design as the board prescribes. Every commission, order, or other paper of an official nature executed by the department may be attested with the seal.

         Section History: Recent Form

         83 Acts, ch 96, § 10, 159
         CS83, § 217A.9
         85 Acts, ch 21, § 54
         CS85, § 246.110
         C93, § 904.110
        

904.111 CHAPTER 28E AGREEMENTS. The department of corrections may enter into agreements, as provided for in chapter 28E, with a district department of correctional services as necessary.

         Section History: Recent Form

         84 Acts, ch 1184, § 20
         C85, § 217A.10
         85 Acts, ch 21, § 54
         CS85, § 246.111
         C93, § 904.111
        

904.112 INSTITUTIONAL RECEIPTS. Institutional receipts of the department of corrections shall be deposited in the general fund of the state except as follows: 1. Reimbursement for services provided to another institution or state agency, rentals charged to employees or other persons for room, apartment, or housing, and charges for meals. 2. Receipts which are specifically required to be otherwise expended or deposited under this chapter.

         Section History: Recent Form

         84 Acts, ch 1184, § 3
         C85, § 217A.11
         85 Acts, ch 21, § 54
         CS85, § 246.112
         C93, § 904.112
         97 Acts, ch 190, §4
        

904.113 GIFTS. The department may accept gifts of real or personal property from the federal government or any source. The director may exercise powers with reference to the property so accepted as necessary or appropriate to its preservation and the purposes for which it is given.

         Section History: Recent Form

         83 Acts, ch 96, § 53, 159
         CS83, § 217A.75
         85 Acts, ch 21, § 54
         CS85, § 246.113
         C93, § 904.113
        

904.114 TRAVEL EXPENSES. The director, staff members, assistants, and employees, in addition to salary, shall receive their necessary traveling expenses by the nearest practicable route, when engaged in the performance of official business. Permission shall not be granted to any person to travel to another state except by approval of the board and the executive council.

         Section History: Recent Form

         83 Acts, ch 96, § 11, 159
         CS83, § 217A.16
         85 Acts, ch 21, § 54
         CS85, § 246.114
         C93, § 904.114
        

904.115 REPORT BY DEPARTMENT. Annually at the time provided by law, the department shall make a report to the governor and the general assembly, which shall cover the annual period ending with June thirtieth preceding the date of the report and shall include: 1. An itemized statement of the department's expenditures for each program under the department's administration. 2. Adequate and complete statistical reports for the state as a whole concerning payments made under the department's administration. 3. Recommendations concerning changes in laws under the department's administration as the board deems necessary. 4. Observations and recommendations of the board and the director relative to the programs of the department. 5. Information concerning long-range planning and the master plan as provided by section 904.108, subsection 1, paragraph "i". 6. Other information the board or the director deems advisable, or which is requested by the governor or the general assembly.

         Section History: Recent Form

         83 Acts, ch 96, § 12, 159
         CS83, § 217A.17
         85 Acts, ch 21, § 54
         CS85, § 246.115
         C93, § 904.115
        

904.116 INSTITUTIONAL APPROPRIATIONS AND EXPENDITURES -- LEGISLATIVE OVERSIGHT. 1. The department of corrections shall not revise the allocations to the correctional institutions under the control of the department from the amounts allocated to the institutions, unless notice of the revisions is given prior to their effective date to the legislative services agency. The notice shall include information on the department's rationale for making the changes and details concerning the workload and performance measures upon which the revisions are based. 2. The department of corrections shall report to the legislative services agency on a monthly basis the current expenditures and full-time equivalent positions of the department's various allocations with a comparison of actual to budgeted expenditures and full-time equivalent positions. The department of corrections shall furnish performance measure data designed to enable comparison of this data with historical expenditure information, and shall assist the legislative services agency in developing information to be used in legislative oversight of all programs operated by the department.

         Section History: Recent Form

         90 Acts, ch 1247, §9
         C91, § 246.116
         C93, § 904.116
         2003 Acts, ch 35, §45, 49
        

904.117 INTERSTATE COMPACT FUND. An interstate compact fund is established under the control of the department. All interstate compact fees collected by the department pursuant to section 907B.4 shall be deposited into the fund and the moneys shall be used by the department to offset the costs of complying with the interstate compact for adult offender supervision in chapter 907B. Notwithstanding section 8.33, moneys remaining in the fund at the end of a fiscal year shall not revert to the general fund of the state. Notwithstanding section 12C.7, interest and earnings deposited in the fund shall be credited to the fund.

         Section History: Recent Form

         2003 Acts, 1st Ex, ch 2, §54, 209; 2004 Acts, ch 1101, §94
         Referred to in § 907B.4
        

904.118 IOWA CORRECTIONS OFFENDER NETWORK -- FUND. An Iowa corrections offender network fund is established under the control of the department. All sales, gifts, and donations related to the Iowa offender network data system shall be credited to the fund and the moneys in the fund are appropriated to the department to be used for further development and general maintenance of the Iowa corrections offender network data system. Notwithstanding section 8.33, moneys credited to the fund shall not revert to any other fund. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys deposited in the fund shall be credited to the fund.

         Section History: Recent Form

         2004 Acts, ch 1175, §202, 209
        

904.118A CENTRAL WAREHOUSE FUND. The department shall establish a fund for maintaining and operating a central warehouse and supply depot and distribution facility for surplus government products, canned goods, paper products, other staples, and for such other items as determined by the department. A department or agency of the state or a political subdivision of this state may purchase such products, goods, staples, or other items from the central warehouse and supply depot. The fund shall be permanent and shall be composed of the receipts from the sales of merchandise and the recovery of handling, operating, and delivery charges for such merchandise. Notwithstanding section 8.33, moneys credited to the fund shall not revert to any other fund. Notwithstanding section 12C.7, interest and earnings on moneys deposited in the fund shall be credited to the fund.

         Section History: Recent Form

         2008 Acts, ch 1180, §23
        

904.119 PRIVATE SECTOR HOUSING OF INMATES -- PROHIBITION. The department shall not enter into any agreement with a private sector for-profit entity for the purpose of housing inmates committed to the custody of the director.

         Section History: Recent Form

         2007 Acts, ch 103, §1
        

904.201 IOWA MEDICAL AND CLASSIFICATION CENTER. 1. The Iowa medical and classification center at Oakdale shall be utilized as a forensic psychiatric hospital for persons displaying evidence of mental illness or psychosocial disorders and requiring diagnostic services or treatment in a security setting, as a security unit for persons requiring confinement in a security setting, and as a classification unit for the reception, orientation, and classification of inmates before placement in the most appropriate correctional institutions according to necessary security and custody arrangements and the assessed service needs of the inmates. 2. The medical director of the department or the medical director's designee shall secure the professional care and treatment of each person confined at the center and maintain a complete record on the condition of each person confined at the center. 3. The forensic psychiatric hospital may admit the following persons: a. Residents transferred from an institution under the jurisdiction of the department of human services or the Iowa department of corrections. b. Persons committed by the courts as mentally incompetent to stand trial pursuant to section 812.6. c. Persons referred by the courts for psychosocial diagnosis and recommendations as part of the pretrial or presentence procedure or determination of mental competency to stand trial. d. Prisoners transferred from county and city jails for diagnosis, evaluation, or treatment for mental illness. Other persons may be admitted providing the admissions are not inconsistent with law and are within the capacity of the facilities and staff to accommodate the persons. 4. The classification unit shall admit inmates for purposes of orientation and classification before placement in the most appropriate correctional institutions. 5. The director may house inmates from any correctional institution at the center in order to provide the inmates with suitable security or medical treatment, or both. Unless an inmate is determined to be mentally ill, the inmate shall not be subjected involuntarily to psychiatric treatment. 6. All admissions to the forensic psychiatric hospital shall be by written application only. Application shall be made by the head of the state institution, agency, governmental body, or court requesting admission to the medical director of the department or the medical director's designee. An application may be denied by the medical director of the department or the medical director's designee, with the approval of the director, if the admission will result in an overcrowded condition or if adequate staff or facilities are not available. The decision regarding admission and discharge of persons shall be made by the medical director of the department or the medical director's designee, subject to approval of the director. 7. When a person transferred to the center from any other state institution or admitted by request or order of any agency, governmental body, or court no longer requires special treatment in the security setting, the person may be returned to the source from which received. The state institution, agency, governmental body, or court that referred the person for hospitalization shall retain constructive jurisdiction over the person. Persons without legal encumbrances may be discharged directly from the center upon concurrence of the medical director of the department or the medical director's designee and the head of the referring institution, agency, governmental body, or court. The support, commitment, and release statutes applicable to a person at the state institution from which transferred shall remain applicable while the person is at the center. 8. Chapter 230 governs the determination of costs and charges for the care and treatment of persons with mental illness admitted to the forensic psychiatric hospital, except that charges for the care and treatment of any person transferred to the forensic psychiatric hospital from an adult correctional institution or from a state training school shall be paid entirely from state funds. Charges for all other persons at the forensic psychiatric hospital shall be billed to the respective counties at the same ratio as for patients at state mental health institutes under section 230.20.

         Section History: Recent Form

         85 Acts, ch 21, §29, 54
         CS85, § 246.201
         C93, § 904.201
         96 Acts, ch 1129, § 113; 2004 Acts, ch 1084, §15; 2004 Acts, ch
      1106, §2
        

904.202 INTAKE AND CLASSIFICATION CENTER. The director may provide facilities and personnel for a diagnostic intake and classification center. The work of the center shall include a scientific study of each inmate, the inmate's career and life history, the causes of the inmate's criminal acts and recommendations for the inmate's custody, care, training, employment, and counseling with a view to rehabilitation and to the protection of society. To facilitate the work of the center and to aid in the rehabilitation of the inmates, the trial judge, prosecuting attorney, and presentence investigators shall furnish the director with any previously authorized presentence investigation report and a full statement of facts and circumstances attending the commission of the offense so far as known or believed by them. If the department develops and utilizes an inmate classification system, it must, within a reasonable time, present evidence from independent experts as to the effectiveness and validity of the classification system.

         Section History: Recent Form

         83 Acts, ch 96, § 36, 159
         CS83, § 217A.52
         84 Acts, ch 1184, § 2; 85 Acts, ch 21, § 54
         CS85, § 246.202
         C93, § 904.202
         2001 Acts, ch 131, §4
         Referred to in § 331.756(41)
        

904.203 ROCKWELL CITY CORRECTIONAL FACILITY. The state correctional facility at Rockwell City shall be utilized as a medium security correctional facility for men.

         Section History: Recent Form

         85 Acts, ch 21, §30, 54
         CS85, § 246.203
         C93, § 904.203
        

904.204 MOUNT PLEASANT CORRECTIONAL FACILITY -- SPECIAL TREATMENT UNIT. The correctional facility at Mount Pleasant shall be utilized as a medium security facility for men primarily for treatment of inmates who exhibit treatable personality disorders, with or without accompanying history of drug or alcohol abuse. Such inmates may apply for and upon their application may be selected for treatment by the staff of the treatment facility at Mount Pleasant in accordance with section 904.503.

         Section History: Recent Form

         85 Acts, ch 21, §31, 54
         CS85, § 246.204
         C93, § 904.204
        

904.205 CLARINDA CORRECTIONAL FACILITY. The state correctional facility at Clarinda shall be utilized as a secure men's correctional facility primarily for offenders with chemical dependence, mental retardation, or mental illness.

         Section History: Recent Form

         85 Acts, ch 21, §32, 54
         CS85, § 246.205
         C93, § 904.205
         96 Acts, ch 1129, § 112; 2007 Acts, ch 105, §1
        

904.206 NEWTON CORRECTIONAL FACILITY. The correctional facility at Newton shall be utilized as a correctional facility. The facility shall include minimum security facilities and violator facilities pursuant to section 904.207.

         Section History: Recent Form

         85 Acts, ch 21, §33, 54
         CS85, § 246.206
         91 Acts, ch 219, §6
         C93, § 904.206
         93 Acts, ch 46, §5; 97 Acts, ch 130, §5
        

904.207 VIOLATOR FACILITY. The director shall establish a violator facility as a freestanding facility, or designate a portion of an existing correctional facility for the purpose. A violator facility is for the temporary confinement of offenders who have violated conditions of release under work release or parole as defined in section 906.1, or probation granted as a result of suspension of a sentence to the custody of the director of the department of corrections. The director shall adopt rules pursuant to chapter 17A, subject to the approval of the board, to implement this section.

         Section History: Recent Form

         91 Acts, ch 219, §7
         CS91, § 246.207
         C93, § 904.207
         93 Acts, ch 46, §6
         Referred to in § 901B.1, 904.206, 906.1, 908.9, 908.11
        

904.301 APPOINTMENT OF SUPERINTENDENTS. The director shall appoint, subject to the approval of the board, the superintendents of the institutions provided for in section 904.102. The superintendent has the immediate custody and control, subject to the orders and policies of the director, of all property used in connection with the institution except as otherwise provided by statute. The tenure of office of a superintendent shall be at the pleasure of the appointing authority but a superintendent may be removed for inability or refusal to properly perform the duties of the office. Removal shall occur only after an opportunity is given the person to be heard before the board and the director and upon preferred written charges. The removal when made is final.

         Section History: Recent Form

         83 Acts, ch 96, § 16, 159
         CS83, § 217A.21
         85 Acts, ch 21, § 54
         CS85, § 246.301
         C93, § 904.301
        

904.302 FARM OPERATIONS ADMINISTRATOR. The director may appoint a farm operations administrator for institutions under the control of the departments of corrections and human services. If appointed, the farm operations administrator, subject to the direction of the director shall do all of the following: 1. Manage and supervise all farming and nursery operations at institutions, farms and gardens of the departments of corrections and human services. 2. Determine priorities on the use of agricultural resources and labor for farming and nursery operations, and cooperate with Iowa state university of science and technology in all approved uses connected with the institution. 3. Develop an annual operations plan for crop and livestock production and utilization that will provide work experience and contribute to developing vocational skills of the institutions' inmates and residents. The department of human services must approve the parts of the plan that affect farm operations on property of institutions having programs of the department of human services. 4. Coordinate farm lease arrangements, farm input purchases, farm product distribution, machinery maintenance and replacement, and renovation of farm buildings, fences and livestock facilities. 5. Develop and maintain accounting records, budgeting and cash flow systems, and inventory records. 6. Advise and instruct institution staff and inmates in application of agricultural technology. 7. Implement actions to restore and maintain productivity of soil resources at the institutions through crop rotation, minimum tillage, contouring, terracing, waterways, pasture renovation, windbreaks, buffer zones, and wildlife habitat in accordance with United States department of agriculture natural resources conservation service plans and recommendations. 8. Pay property taxes levied against land leased by the department of corrections or department of human services as provided in section 427.1, subsection 1. 9. Administer the revolving farm fund created in section 904.706. 10. Do any other farm management duties assigned by the director.

         Section History: Recent Form

         83 Acts, ch 96, § 17, 159
         CS83, § 217A.22
         85 Acts, ch 21, § 54
         CS85, § 246.302
         87 Acts, ch 139, § 2
         C93, § 904.302
         95 Acts, ch 216, §25; 2003 Acts, ch 130, §3, 5
         Referred to in § 427.1(1b), 904.706
        

904.303 OFFICERS AND EMPLOYEES -- COMPENSATION. The director shall determine the number and compensation of subordinate officers and employees for each institution subject to chapter 8A, subchapter IV. Subject to this chapter, the officers and employees shall be appointed and discharged by the superintendent who shall keep in the record of each subordinate officer and employee, the date of employment, the compensation, and the date of and the reasons for each discharge. The superintendents and employees of the correctional institutions shall receive salaries or compensation as determined by the director, shall receive a midshift meal when on duty, and shall be provided uniforms if uniforms are required to be worn when on duty. The uniforms shall be maintained and replaced by the department at no cost to the employees and shall remain the property of the department.

         Section History: Recent Form

         83 Acts, ch 96, § 18, 159
         CS83, § 217A.23
         85 Acts, ch 21, §16, 54
         CS85, § 246.303
         C93, § 904.303
         2003 Acts, ch 145, §280
        

904.303A TRAINING -- FUND. A training fund is established under the control of the department. The director shall provide training to all new officers or employees of the department free of charge. The department shall also offer in-service training which shall include classes for officers and employees in the areas of safety, first aid, emergency preparedness, and any other appropriate class determined by the director. Employees of a judicial district may also attend any in-service training offered by the department. The department may recover from the correctional institution or judicial district the actual costs of planning and conducting the training classes if an employee of the institution or judicial district attends an in-service training class. The costs that may be recovered by the department include the costs of course development, training materials, equipment and facility rental, instruction, and administration. Moneys received as reimbursement of the costs shall be deposited in the training fund for use in conducting future training classes. All cost reimbursement moneys, grants, or appropriations related to training shall be deposited in the fund. Notwithstanding section 8.33, moneys remaining in the training fund at the end of a fiscal year shall not revert to the general fund of the state. Notwithstanding section 12C.7, interest and earnings deposited in the training fund shall be credited to the training fund.

         Section History: Recent Form

         2001 Acts, ch 131, §5
        

904.304 BONDS. The director shall require officers and employees of institutions under the director's control who are charged with the custody or control of money or property belonging to the state, to give an official bond properly conditioned and signed by sufficient sureties in a sum to be fixed by the director. The bond is subject to approval by the director and shall be filed in the office of the secretary of state.

         Section History: Recent Form

         83 Acts, ch 96, § 19, 159
         CS83, § 217A.24
         85 Acts, ch 21, § 54
         CS85, § 246.304
         C93, § 904.304
        

904.305 DWELLING HOUSE OR QUARTERS. The director may furnish the superintendent of each of the institutions, in addition to salary, with a dwelling house or with appropriate quarters in lieu of a house, or the director may compensate the superintendent of each of the institutions in lieu of furnishing a house or quarters. If a superintendent of the institution is furnished with a dwelling house or quarters, either of which is owned by the state, the superintendent may also be furnished with water, heat, and electricity. The director may furnish assistant superintendents or other employees, or both, with dwelling houses or with appropriate quarters, owned by the state. The assistant superintendent or employee, who is so furnished shall pay rent for the dwelling house or quarters in an amount to be determined by the superintendent of the institution, which shall be the fair market rental value of the house or quarters. If an assistant superintendent or employee is furnished with a dwelling house or quarters either of which is owned by the state, the assistant superintendent or employee may also be furnished with water, heat, and electricity. However, the furnishing of these utilities shall be considered in determining the fair market rental value of the house or quarters.

         Section History: Recent Form

         83 Acts, ch 96, § 20, 159
         CS83, § 217A.25
         85 Acts, ch 21, § 54
         CS85, § 246.305
         C93, § 904.305
         Analogous provision, § 218.14
        

904.306 CONFERENCES. Quarterly conferences of the superintendents of the institutions shall be held with the director for the consideration of all matters relative to the management of the institutions. Full minutes of the meetings shall be preserved in the records of the director. The director may cause papers to be prepared and read at the conferences on appropriate subjects.

         Section History: Recent Form

         83 Acts, ch 96, § 35, 159
         CS83, § 217A.51
         85 Acts, ch 21, § 54
         CS85, § 246.306
         C93, § 904.306
        

904.307 ANNUAL REPORTS. The superintendent of each institution shall make an annual report to the director.

         Section History: Recent Form

         83 Acts, ch 96, § 37, 159
         CS83, § 217A.53
         85 Acts, ch 21, § 54
         CS85, § 246.307
         88 Acts, ch 1049, §1
         C93, § 904.307
        

904.308 COOPERATION. The department and the director shall cooperate with any department or agency of the state government in any manner, including the exchange of employees, calculated to improve administration of the affairs of the institutions. Joint use of facilities by the department and another public agency as defined in section 28E.2 shall be only according to an agreement entered into under chapter 28E. All joint campuses shall have one superintendent and one business manager who shall be employed by the department with supervisory responsibility for the majority of the facility's population. Employment of the superintendent and business manager shall be done in consultation with the department which has responsibility for services for the other population at the facility.

         Section History: Recent Form

         83 Acts, ch 96, § 49, 159
         CS83, § 217A.71
         85 Acts, ch 21, § 54
         CS85, § 246.308
         C93, § 904.308
        

904.309 CONSULTANTS. The director may secure the services of consultants to furnish advice on administrative, professional, or technical problems to the director or the employees of institutions under the director's jurisdiction or to provide in-service training and instruction for the employees. The director may pay the consultants from funds appropriated to the department or to any institution under the department's jurisdiction.

         Section History: Recent Form

         83 Acts, ch 96, § 50, 159
         CS83, § 217A.72
         85 Acts, ch 21, § 54
         CS85, § 246.309
         C93, § 904.309
        

904.310 CANTEENS. The director may maintain a canteen at an institution under the director's jurisdiction for the sale to persons confined in the institution of items such as toilet articles, candy, tobacco products, notions, and other sundries, and may provide the necessary facilities, equipment, personnel, and merchandise for the canteen. The director shall specify the items to be sold in the canteen. The department may establish and maintain a permanent operating fund for each canteen. The fund shall consist of the receipts from the sale of commodities at the canteen and donations designated by inmates for reimbursement of victims' travel expenses. Any money in the fund over the amount needed to do normal business transactions, to reimburse any accounts which have subsidized the canteen fund, and to reimburse victims' travel expenses shall be considered profit. This money may remain in the canteen fund and be used for any purchase which the superintendent approves that will directly and collectively benefit the inmates of the institution or to reimburse victims' travel expenses.

         Section History: Recent Form

         83 Acts, ch 96, § 54, 159
         CS83, § 217A.76
         85 Acts, ch 21, § 54
         CS85, § 246.310
         86 Acts, ch 1075, § 1; 89 Acts, ch 142, § 1; 91 Acts, ch 260, §
      1220
         C93, § 904.310
         2001 Acts, ch 131, §6
        

904.310A INSTITUTION READING ROOMS. The director shall, as necessary, provide suitable space for reading material for inmates. For purposes of this section, "reading material" does not include material depicting or describing the genitals, sex acts, masturbation, excretory functions, or sadomasochistic abuse which the average person, taking the material as a whole and applying contemporary community standards with respect to what is suitable material for inmates, would find appeals to the prurient interest and is patently offensive; and the material, taken as a whole, lacks serious literary, scientific, political, or artistic value. The space shall be located so that any visitors, other than those authorized pursuant to section 904.512, shall not be able to view the space or the materials located within that space.

         Section History: Recent Form

         90 Acts, ch 1251, §29
         C91, § 246.310A
         91 Acts, ch 258, § 38
         C93, § 904.310A
        

904.311 CONTINGENT FUND -- INMATE TORT CLAIM FUND. The director may permit the superintendent of each institution to retain a stated amount of funds in possession as a contingent fund for the payment of freight, postage, commodities purchased on authority of the director on a cash basis, salaries, inmate allowances, and bills granting discount for cash. If necessary, the director shall make proper requisition upon the director of the department of administrative services for a warrant on the treasurer of state to secure the contingent fund for each institution. There is established in the office of the director an inmate tort claim fund. This fund shall be used to reimburse inmates for the damage or loss of personal property caused by the department. Reimbursement for a single loss may be up to one hundred dollars. Section 8.33 notwithstanding, moneys in the fund shall not revert but shall remain in the fund. The fund shall be replenished from the general appropriation to the institutions as necessary to meet the obligations of the fund. Tort claims denied at the institution shall be forwarded to the state appeal board for its consideration as if originally filed with that body. This procedure shall be used in lieu of the procedure in chapter 669 for inmate tort claims of less than one hundred dollars.

         Section History: Recent Form

         83 Acts, ch 96, § 38, 159
         CS83, § 217A.54
         85 Acts, ch 21, § 54
         CS85, § 246.311
         88 Acts, ch 1049, §2
         C93, § 904.311
         94 Acts, ch 1142, §7; 2003 Acts, ch 145, §286
        

904.311A PRISON RECYCLING FUNDS. A recycling fund for each prison institution is created as a separate and distinct fund in the state treasury. All moneys remitted to the department for the recycling operations of a prison institution shall be deposited in the fund established for that institution. Notwithstanding section 12C.7, subsection 2, interest or earnings on moneys deposited in each fund shall be credited to that fund. Notwithstanding section 8.33, moneys in each fund shall not revert to the general fund of the state at the close of a fiscal year but shall remain in that fund and be used as directed in this section in the succeeding fiscal year. The treasurer of state shall act as custodian of each fund and disburse moneys from each fund as directed by the department for the purpose of payment of operating expenses for recycling.

         Section History: Recent Form

         95 Acts, ch 207, §26; 97 Acts, ch 190, §5
        

904.312 PURCHASE OF SUPPLIES. The director shall adopt rules governing the purchase of all articles and supplies needed at the various institutions and the form and verification of vouchers for the purchases. When purchases are made by sample, the sample shall be properly marked and retained until after an award or delivery of the items is made. The director may purchase supplies from any institution under the director's control, for use in any other institution, and reasonable reimbursement shall be made for these purchases. The director shall, whenever technically feasible, purchase and use degradable loose foam packing material manufactured from grain starches or other renewable resources, unless the cost of the packing material is more than ten percent greater than the cost of packing material made from nonrenewable resources. For the purposes of this subsection, "packing material" means material, other than an exterior packing shell, that is used to stabilize, protect, cushion, or brace the contents of a package.

         Section History: Recent Form

         83 Acts, ch 96, § 39, 159
         CS83, § 217A.55
         85 Acts, ch 21, § 54
         CS85, § 246.312
         C93, § 904.312
         93 Acts, ch 176, §48
        

904.312A MOTOR VEHICLES. 1. A gasoline-powered motor vehicle purchased by the department shall not operate on gasoline other than ethanol blended gasoline as defined in section 214A.1. A diesel-powered motor vehicle purchased by the department shall not operate on diesel fuel other than biodiesel fuel as defined in section 214A.1, if commercially available. A state-issued credit card shall not be valid to purchase gasoline other than ethanol blended gasoline, or to purchase diesel fuel other than biodiesel fuel, if commercially available. The motor vehicle shall also be affixed with a brightly visible sticker which notifies the traveling public that the motor vehicle is being operated on ethanol blended gasoline or biodiesel fuel, as applicable. However, the sticker is not required to be affixed to an unmarked vehicle used for purposes of providing law enforcement or security. 2. a. Of all new passenger vehicles and light pickup trucks purchased by the department, a minimum of ten percent of all such vehicles and trucks purchased shall be equipped with engines which utilize alternative methods of propulsion, including but not limited to any of the following: (1) A flexible fuel which is any of the following: (a) E-85 gasoline as provided in section 214A.2. (b) B-20 biodiesel blended fuel as provided in section 214A.2. (c) A renewable fuel approved by the office of renewable fuels and coproducts pursuant to section 159A.3. (2) Compressed or liquefied natural gas. (3) Propane gas. (4) Solar energy. (5) Electricity. b. The provisions of this subsection do not apply to vehicles and trucks purchased and directly used for law enforcement or off-road maintenance work.

         Section History: Recent Form

         94 Acts, ch 1119, §31; 2006 Acts, ch 1142, §70, 71; 2007 Acts, ch
      22, §107; 2008 Acts, ch 1169, §40, 42
        

904.312B PURCHASE OF BIO-BASED HYDRAULIC FLUIDS, GREASES, AND OTHER INDUSTRIAL LUBRICANTS. The department when purchasing hydraulic fluids, greases, and other industrial lubricants shall give preference to purchasing bio-based hydraulic fluids, greases, and other industrial lubricants as provided in section 8A.316.

         Section History: Recent Form

         98 Acts, ch 1082, §7; 2000 Acts, ch 1109, §7; 2003 Acts, ch 145,
      §281
        

904.312C PURCHASE OF DESIGNATED BIOBASED PRODUCTS. The department shall give preference to purchasing designated biobased products in the same manner as provided in section 8A.317.

         Section History: Recent Form

         2008 Acts, ch 1104, §7
        

904.313 EMERGENCY PURCHASES. The purchase of materials or equipment for penal or correctional institutions under the department is exempted from the requirements of centralized purchasing and bidding by the department of administrative services if the materials or equipment are needed to make an emergency repair at an institution or the security of the institution would be jeopardized because the materials or equipment could not be purchased soon enough through centralized purchasing and bidding and, in either case, if the director approves the emergency purchase.

         Section History: Recent Form

         83 Acts, ch 96, § 40, 159
         CS83, § 217A.56
         85 Acts, ch 21, § 54
         CS85, § 246.313
         C93, § 904.313
         2003 Acts, ch 145, §286
        

904.314 PLANS AND SPECIFICATIONS FOR IMPROVEMENTS. The director shall cause plans and specifications to be prepared by the department of administrative services for all improvements authorized and costing over the competitive bid threshold in section 26.3, or as established in section 314.1B. An appropriation for any improvement costing over the competitive bid threshold in section 26.3, or as established in section 314.1B, shall not be expended until the adoption of suitable plans and specifications, prepared by a competent architect or engineer and accompanied by a detailed statement of the amount, quality, and description of all material and labor required for the completion of the improvement. A plan shall not be adopted, and an improvement shall not be constructed, which contemplates an expenditure of money in excess of the appropriation.

         Section History: Recent Form

         83 Acts, ch 96, § 41, 159
         CS83, § 217A.57
         85 Acts, ch 21, § 54
         CS85, § 246.314
         86 Acts, ch 1245, § 316
         C93, § 904.314
         2003 Acts, ch 145, §286; 2006 Acts, ch 1017, §39, 42
        

904.315 CONTRACTS FOR IMPROVEMENTS. 1. The director of the department of administrative services shall, in writing, let all contracts for authorized improvements under chapter 8A, subchapter III, costing in excess of the competitive bid threshold in section 26.3, or as established in section 314.1B. Upon prior authorization by the director, improvements costing five thousand dollars or less may be made by the superintendent of any institution. 2. A contract is not required for improvements at a state institution where the labor of inmates is to be used if the contract is not for a construction, reconstruction, demolition, or repair project or improvement with an estimated cost in excess of fifty thousand dollars.

         Section History: Recent Form

         83 Acts, ch 96, § 42, 159
         CS83, § 217A.58
         85 Acts, ch 21, § 54
         CS85, § 246.315
         86 Acts, ch 1245, § 317
         C93, § 904.315
         2000 Acts, ch 1229, §22; 2003 Acts, ch 145, §282; 2006 Acts, ch
      1017, §40, 42; 2009 Acts, ch 178, §28
        

904.316 PAYMENT FOR IMPROVEMENTS. The director of the department of administrative services shall not authorize payment for construction purposes until satisfactory proof has been furnished to the director of the department of administrative services by the proper officer or supervising architect, that the contract has been complied with by the parties. Payments shall be made in a manner similar to that in which the current expenses of the institutions are paid.

         Section History: Recent Form

         83 Acts, ch 96, § 43, 159
         CS83, § 217A.59
         85 Acts, ch 21, § 54
         CS85, § 246.316
         86 Acts, ch 1245, § 318
         C93, § 904.316
         2003 Acts, ch 145, §286
        

904.317 DIRECTOR MAY BUY AND SELL REAL ESTATE -- OPTIONS. The director, subject to the approval of the board, may secure options to purchase real estate and acquire and sell real estate for the proper uses of the institutions. Real estate shall be acquired and sold upon terms and conditions the director recommends subject to the approval of the board. Upon sale of the real estate, the proceeds shall be deposited with the treasurer of state and credited to the general fund of the state. There is appropriated from the general fund of the state to the department a sum equal to the proceeds so deposited and credited to the general fund of the state which may be used to purchase other real estate or for capital improvements upon property under the director's supervision. The costs incident to the securing of options and acquisition and sale of real estate including, but not limited to, appraisals, invitations for offers, abstracts, and other necessary costs, may be paid from moneys appropriated for support and maintenance to the institution at which the real estate is located. The fund shall be reimbursed from the proceeds of the sale.

         Section History: Recent Form

         83 Acts, ch 96, § 51, 159
         CS83, § 217A.73
         85 Acts, ch 21, § 54
         CS85, § 246.317
         86 Acts, ch 1244, § 31
         C93, § 904.317
        

904.318 FIRE PROTECTION CONTRACTS. The director may enter into contracts with the governing body of any city for the protection from fire of any property under the director's primary control, located in any city or in territory contiguous to a city. The state fire marshal shall cause an annual inspection to be made of all the institutions listed in section 904.102 and shall make a written report of the inspection to the director.

         Section History: Recent Form

         83 Acts, ch 96, § 52, 159
         CS83, § 217A.74
         85 Acts, ch 21, § 54
         CS85, § 246.318
         C93, § 904.318
        

904.319 TEMPORARY QUARTERS IN EMERGENCY. If the buildings at any institution under the management of the director are destroyed or rendered unfit for habitation by reason of fire, storms, or other like causes, to such an extent that the inmates cannot be confined and cared for at the institution, the director shall make temporary provision for the confinement and care of the inmates at some other place in the state. Like provision may be made in case of an epidemic among the inmates. The reasonable cost of the change including the cost of transfer of inmates, shall be paid from any money in the state treasury not otherwise appropriated.

         Section History: Recent Form

         83 Acts, ch 96, § 46, 159
         CS83, § 217A.68
         85 Acts, ch 21, § 54
         CS85, § 246.319
         C93, § 904.319
        

904.320 PRIVATE TRANSPORTATION OF PRISONERS. 1. If the director contracts with a private person or entity for the transportation of inmates to or from an institution, the contract shall include provisions which require the following: a. The private person or any officers or employees of the private person or private entity shall not have been convicted of any of the following: (1) A felony. (2) Within the three-year period immediately preceding the date of the execution of the contract, a violation of the laws pertaining to operation of motor vehicles punishable as a serious misdemeanor or greater offense. (3) Domestic abuse assault in which bodily injury was inflicted or attempted to be inflicted. (4) A crime involving illegal manufacture, use, possession, sale, or an attempt to illegally manufacture, use, possess, or sell alcohol or a controlled substance or other drug. b. The person or persons actually transporting the prisoners shall be trained and proficient in the safe use of firearms. c. Any employees of a private entity which has entered into the contract for transportation of prisoners shall only possess and use security and restraint equipment, including any firearms, which has been issued by the private entity. d. The person or persons actually transporting the prisoners shall be trained and proficient in appropriate transportation procedures. e. The person or entity complies, within one year of publication, with any applicable standards for the transportation of prisoners promulgated by the American corrections association. 2. The department shall adopt rules pertaining to contracts with private persons or entities providing transportation of inmates of institutions under the control of the department.

         Section History: Recent Form

         98 Acts, ch 1131, §5
        

904.401 INVESTIGATION. The director or director's designee shall visit and inspect the institutions under the director's control, and investigate the financial condition and management of the institutions at least once in six months.

         Section History: Recent Form

         83 Acts, ch 96, § 28, 159
         CS83, § 217A.41
         85 Acts, ch 21, § 54
         CS85, § 246.401
         C93, § 904.401
         94 Acts, ch 1142, §8
        

904.402 INVESTIGATION OF OTHER INSTITUTIONS. The director may investigate charges of abuse, neglect or mismanagement on the part of any officer or employee of any public or private institution subject to the director's supervision or control.

         Section History: Recent Form

         83 Acts, ch 96, § 29, 159
         CS83, § 217A.42
         85 Acts, ch 21, § 54
         CS85, § 246.402
         C93, § 904.402
        

904.403 INVESTIGATORY POWERS -- WITNESSES. The director may exercise the following powers in an investigation: 1. Summon and compel the attendance of witnesses. 2. Examine the witnesses under oath, which the director may administer. 3. Have access to all books, papers, and property material to the investigation. 4. Order the production of books or papers material to the investigation. Witnesses other than those in the employ of the state are entitled to the same fees as in civil cases in the district court.

         Section History: Recent Form

         83 Acts, ch 96, § 30, 159
         CS83, § 217A.43
         85 Acts, ch 21, § 54
         CS85, § 246.403
         C93, § 904.403
         Referred to in § 904.404
        

904.404 CONTEMPT. If a person fails or refuses to obey the orders of the director issued under section 904.403, or fails or refuses to give or produce evidence when required, the director shall petition the district court in the county where the offense occurs for an order of contempt and the court shall proceed as for contempt of court.

         Section History: Recent Form

         83 Acts, ch 96, § 31, 159
         CS83, § 217A.44
         85 Acts, ch 21, § 54
         CS85, § 246.404
         C93, § 904.404
        

904.405 RECORDING OF TESTIMONY. The director shall cause the testimony taken at the investigation to be recorded. The recording of the testimony shall not be transcribed unless the testimony is part of a case that is appealed or an interested party requests a transcript and pays the cost of preparing the transcript. The recording of the testimony, or the transcription thereof, shall be filed and maintained in the director's office at the seat of government for at least five years from the date the testimony is taken or the date of a final decision in a case involving the testimony, whichever is later. However, a recording of testimony involving any employee of the department shall continue to be filed and maintained until the employee no longer is employed by the department.

         Section History: Recent Form

         83 Acts, ch 96, § 32, 159
         CS83, § 217A.45
         85 Acts, ch 21, § 54
         CS85, § 246.405
         C93, § 904.405
         2001 Acts, ch 131, §7
        

904.501 REPORTS TO DIRECTOR. The superintendent of each institution shall, within ten days after the commitment or entrance of a person to the institution, cause a true copy of the person's entrance record to be made and forwarded to the director. When an inmate leaves, is discharged, transferred, or dies in any institution, the superintendent or person in charge shall within ten days thereafter send the information to the office of the director on forms which the director prescribes.

         Section History: Recent Form

         83 Acts, ch 96, § 24, 159
         CS83, § 217A.34
         85 Acts, ch 21, § 54
         CS85, § 246.501
         C93, § 904.501
        

904.502 QUESTIONABLE COMMITMENT. The superintendent shall within three days of the commitment or entrance of a person at the institution notify the director if there is any question as to the propriety of the commitment or detention of any person received at the institution, and the director upon notification shall inquire into the matter presented, and take appropriate action.

         Section History: Recent Form

         83 Acts, ch 96, § 25, 159
         CS83, § 217A.35
         85 Acts, ch 21, § 54
         CS85, § 246.502
         C93, § 904.502
        

904.503 TRANSFERS -- PERSONS WITH MENTAL ILLNESS. 1. The director may transfer at the expense of the department an inmate of one institution to another institution under the director's control if the director is satisfied that the transfer is in the best interests of the institutions or inmates. The director may transfer at the expense of the department an inmate under the director's jurisdiction from any institution supervised by the director to another institution under the control of an administrator of a division of the department of human services with the consent and approval of the administrator and may transfer an inmate to any other institution for mental or physical examination or treatment retaining jurisdiction over the inmate when so transferred. If the juvenile court waives its jurisdiction over a child over thirteen and under eighteen years of age pursuant to section 232.45 so that the child may be prosecuted as an adult and if the child is convicted of a public offense in the district court and committed to the custody of the director under section 901.7, the director may request transfer of the child to the state training school under this section. If the administrator of a division of the department of human services consents and approves the transfer, the child may be retained in temporary custody by the state training school until attaining the age of eighteen, at which time the child shall be returned to the custody of the director of the department of corrections to serve the remainder of the sentence imposed by the district court. If the child becomes a security risk or becomes a danger to other residents of the state training school at any time before reaching eighteen years of age, the administrator of the division of the department of human services may immediately return the child to the custody of the director of the department of corrections to serve the remainder of the sentence. 2. When the director has cause to believe that an inmate in a state correctional institution is mentally ill, the Iowa department of corrections may cause the inmate to be transferred to the Iowa medical and classification center, or to another appropriate facility within the department, for examination, diagnosis, or treatment. The inmate shall be confined at that center or facility or a state hospital for persons with mental illness until the expiration of the inmate's sentence or until the inmate is pronounced in good mental health. If the inmate is pronounced in good mental health before the expiration of the inmate's sentence, the inmate shall be returned to the state correctional institution until the expiration of the inmate's sentence. 3. When the director has reason to believe that a prisoner in a state correctional institution, whose sentence has expired, is mentally ill, the director shall cause examination to be made of the prisoner by competent physicians who shall certify to the director whether the prisoner is in good mental health or mentally ill. The director may make further investigation and if satisfied that the prisoner is mentally ill, the director may cause the prisoner to be transferred to one of the hospitals for persons with mental illness, or may order the prisoner to be confined in the Iowa medical and classification center.

         Section History: Early Form

        

2. [SS15, § 5709-b, -e; C24, 27, 31, 35, 39, § 3755; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 246.16; 82 Acts, ch 1100, § 11]

3. [C97, § 5710; C24, 27, 31, 35, 39, § 3756; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 246.17; 82 Acts, ch 1100, § 12]

         Section History: Recent Form

         83 Acts, ch 96, § 21, 92, 159
         CS83, § 217A.31, 246.16
         84 Acts, ch 1184, § 14, 15; 84 Acts, ch 1214, § 1
         C85, § 217A.31
         85 Acts, ch 21, § 17--19, 54
         CS85, § 246.503
         89 Acts, ch 80, § 1
         C93, § 904.503
         96 Acts, ch 1129, § 113; 2003 Acts, 1st Ex, ch 2, §55, 209
         Referred to in § 229.26, 904.204
        

904.504 FEDERAL PRISONERS. Inmates sentenced for any term by any court of the United States may be received by the superintendent of a state correctional institution and kept there in pursuance of their sentences. The director may transfer inmates at state correctional institutions to the federal bureau of prisons.

         Section History: Early Form

         [C51, § 3119; R60, § 5138; C73, § 4771; C97, § 5676; C24, 27, 31,
      35, 39, § 3750; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81,
      § 246.11] 

         Section History: Recent Form

         83 Acts, ch 96, § 91, 159; 84 Acts, ch 1184, § 13
         C85, § 217A.39
         85 Acts, ch 21, §22, 54
         CS85, § 246.504
         C93, § 904.504
        

904.505 DISCIPLINARY PROCEDURES -- USE OF FORCE. 1. Inmates who disobey the disciplinary rules of the institution to which they are committed shall be punished by the imposition of the penalties prescribed in the disciplinary rules, according to the following guidelines: a. To ensure that sanctions are imposed only at such times and to such a degree as is necessary to regulate inmate behavior within the limits of the disciplinary rules and to promote a safe and orderly institutional environment. b. To control inmate behavior in an impartial and consistent manner. c. To ensure that disciplinary procedures are fair and that sanctions are not capricious or retaliatory. d. To prevent the commission of offenses through the deterrent effect of the sanctions available. e. To define the elements of each offense and the penalties which may be imposed for violations, in order to give fair warning of prohibited conduct. f. To provide procedures for preparation of reports of disciplinary actions, for conducting disciplinary hearings, and for processing of disciplinary appeals. 2. The superintendent of each institution shall maintain a register of all penalties imposed on inmates and the cause for which the penalties were imposed. 3. A correctional officer of a correctional institution or the officer's assistant shall, in case an inmate resists the officer's or assistant's lawful authority, or refuses to obey the officer's or assistant's lawful command, only use such force as is reasonably necessary under all attendant circumstances. The use of a deadly weapon is justified under conditions of extreme necessity and as a last resort to protect the life or safety of a person. The use of a deadly weapon is not justified solely to prevent damage to or destruction of property where there is no danger to the life or safety of a person. An officer or assistant is justified in using force which causes injury or death to an inmate if the officer's or assistant's actions comply with the requirements of this subsection.

         Section History: Recent Form

         85 Acts, ch 21, §21
         CS85, § 246.505
         C93, § 904.505
        

904.506 CONFISCATION OF CURRENCY. 1. Except as provided for by the director by rule, it is unlawful for an inmate of one of the penal or correctional facilities under the department to possess United States or foreign currency in the penal or correctional facility. 2. The director shall adopt rules as to circumstances under which the possession of currency by an inmate of a penal or correctional facility under the department is authorized. 3. The department may confiscate currency unlawfully possessed in violation of this section. Money confiscated pursuant to this section shall be deposited in a special fund in the state treasury which fund shall be established by the treasurer of state. Money deposited in the fund may be drawn upon by the department to pay for expenses incurred in operating the division's penal and correctional facilities and programs.

         Section History: Recent Form

         83 Acts, ch 51, § 2, 7, 9; 83 Acts, ch 96, § 159, 160
         CS83, § 217A.77
         85 Acts, ch 21, § 54
         CS85, § 246.506
         C93, § 904.506
        

904.507 ESCAPE. An inmate of a state correctional institution who escapes from it may be arrested and returned to the institution, by an officer or employee of a state correctional institution without any other authority than this chapter, and by any peace officer or other person on the request in writing of the superintendent or the state director.

         Section History: Early Form

         [SS15, § 2713-n15; C24, 27, 31, 35, 39, § 3738; C46, 50, 54,
      58, 62, 66, 71, 73, 75, 77, 79, 81, § 245.15] 

         Section History: Recent Form

         83 Acts, ch 96, § 88, 159; 83 Acts, ch 101, § 52; 84 Acts, ch
      1184, § 12
         C85, § 217A.38
         85 Acts, ch 21, § 54
         CS85, § 246.507
         C93, § 904.507
        

904.507A LIABILITY FOR ESCAPEE EXPENSES. If a person escapes from a state correctional institution including but not limited to those institutions listed in section 904.102, all necessary and legal expenses incurred by that person while absent from the state institution shall be paid out of any moneys in the state treasury not otherwise appropriated. The expenses shall be paid on claims filed with the department of administrative services.

         Section History: Recent Form

         98 Acts, ch 1086, §5; 2003 Acts, ch 145, §286
        

904.508 PROPERTY OF INMATE -- INMATE SAVINGS FUND. 1. The superintendent of each institution shall receive and care for any property an inmate may possess on the inmate's person upon entering the institution, and on the discharge of the inmate, return the property to the inmate or the inmate's legal representatives, unless the property has been previously disposed of according to the inmate's written designation or policies prescribed by the board. The superintendent may place an inmate's money at interest, keeping an account of the money and returning the remaining money upon discharge. 2. Pursuant to section 904.702, the director shall establish and maintain an inmate savings fund in an interest- bearing account for the deposit of all or part of an inmate's allowances and amounts, except amounts directed to be deposited in the inmate telephone fund established in section 904.508A, sent to the inmate from a source other than the department. All or part of an inmate's allowances and amounts, except amounts directed to be deposited in the inmate telephone fund established in section 904.508A, from a source other than the department shall be deposited into the savings fund, until the inmate's deposit is equal to one hundred dollars as provided in section 906.9. If an inmate's deposits are equal to or in excess of one hundred dollars, the inmate may voluntarily withdraw from the savings fund. The director shall notify the inmate of this right to withdraw and shall provide the inmate with a written request form to facilitate the withdrawal. If the inmate withdraws and the inmate's deposits exceed the amount due as provided in section 906.9, the director shall disburse the excess amount as provided for allowances under section 904.702, except the director shall not deposit the excess amount in the inmate savings fund. If the inmate chooses to continue to participate in the savings fund, the inmate's deposits shall be returned to the inmate upon discharge, parole, or placement on work release. Otherwise, the inmate's deposits shall be disposed of as provided in subsection 3. An inmate's deposits into the savings fund may be used to provide the money due the inmate upon discharge, parole, or placement on work release, as required under section 906.9. Interest earned from the savings fund shall be placed in a separate account, and may be used for purchases approved by the director to directly and collectively benefit inmates. 3. Upon the death of an inmate, the superintendent of the institution shall immediately take possession of the decedent's property left at the institution, including the inmate's deposits into the inmate savings fund, and shall deliver the property to the person designated by the inmate to be contacted in case of an emergency. However, if the property left by the decedent cannot be delivered to the designated person, delivery may be made to the surviving spouse or an heir of the decedent. If the decedent's property cannot be delivered to the designated person and no surviving spouse or heir is known, the superintendent shall deliver the property to the treasurer of state for disposition as unclaimed property pursuant to chapter 556, after deducting expenses incurred in disposing of the decedent's body or property.

         Section History: Recent Form

         83 Acts, ch 96, § 44, 159
         CS83, § 217A.66
         85 Acts, ch 21, § 25, 54
         CS85, § 246.508
         89 Acts, ch 46, § 1; 91 Acts, ch 219, §8
         C93, § 904.508
         2003 Acts, 1st Ex, ch 2, §56, 209
         Referred to in § 904.509, 904.702, 906.9
        

904.508A INMATE TELEPHONE FUND. The department is authorized to establish and maintain an inmate telephone fund for the deposit of moneys received for inmate telephone calls. All funds deposited in this fund shall be used for the benefit of inmates. The director shall adopt rules providing for the disbursement of moneys from the fund.

         Section History: Recent Form

         95 Acts, ch 207, §27; 2003 Acts, 1st Ex, ch 2, §57, 209
         Referred to in § 904.508, 904.702
        

904.509 MONEY DEPOSITED WITH TREASURER OF STATE. Money from property converted pursuant to section 904.508 shall be transmitted to the treasurer of state as soon after one year after the death of the inmate as practicable. A complete permanent record of the property, showing by whom and with whom it was left, its amount when converted to money, the date of the death of the owner, the owner's reputed place of residence before becoming an inmate of the institution, the date on which the money was sent to the treasurer of state, and any other facts which may tend to identify the decedent and explain the case, shall be kept by the superintendent of the institution, and a transcript of the record shall be sent to and kept by the treasurer of state. Money deposited with the treasurer of state pursuant to this section shall be paid at any time within ten years from the death of the inmate to any person who is shown to be entitled to it.

         Section History: Recent Form

         83 Acts, ch 96, § 45, 159
         CS83, § 217A.67
         85 Acts, ch 21, § 54
         CS85, § 246.509
         C93, § 904.509
        

904.510 RELIGIOUS PREFERENCE. The superintendent receiving a person committed to any of the institutions shall ask the person to state the person's religious preference, shall enter the stated preference in a book kept for that purpose, and shall request that the person sign the entry. If the person is a minor and has formed no choice, the preference may be expressed at any later time by the person.

         Section History: Recent Form

         83 Acts, ch 96, § 26, 159
         CS83, § 217A.36
         85 Acts, ch 21, § 54
         CS85, § 246.510
         C93, § 904.510
        

904.511 TIME FOR RELIGION. Any inmate, during the time of detention, shall be allowed for at least one hour on each Sunday or other holy day or in times of extreme sickness, and at other suitable and reasonable times consistent with proper discipline in the institution, to receive spiritual advice, instruction, and ministration from any recognized member of the clergy who represents the inmate's religious belief.

         Section History: Recent Form

         83 Acts, ch 96, § 27, 159
         CS83, § 217A.37
         85 Acts, ch 21, § 54
         CS85, § 246.511
         C93, § 904.511
        

904.512 VISITS. Members of the executive council, the attorney general, the lieutenant governor, members of the general assembly, judges of the supreme and district court and court of appeals, judicial magistrates, county attorneys and persons ordained or designated as regular leaders of a religious community are authorized to visit all institutions under the control of the Iowa department of corrections at reasonable times. No other person shall be granted admission except by permission of the superintendent.

         Section History: Recent Form

         84 Acts, ch 1004, § 1
         C85, § 217A.80
         85 Acts, ch 21, §28, 54
         CS85, § 246.512
         C93, § 904.512
         Referred to in § 904.310A
        

904.513 ASSIGNMENT OF OWI VIOLATORS TO TREATMENT FACILITIES. 1. a. The department of corrections, in cooperation with the judicial district departments of correctional services, shall establish in each judicial district a continuum of programming for the supervision and treatment of offenders convicted of violating chapter 321J who are sentenced to the custody of the director. The continuum shall include a range of sanctioning options that include, but are not limited to, prisons and residential facilities. b. (1) The department of corrections shall develop standardized assessment criteria for the assignment of offenders pursuant to this chapter. (2) Offenders convicted of violating chapter 321J, sentenced to the custody of the director, and awaiting placement in a community residential substance abuse treatment program for such offenders shall be placed in an institutional substance abuse program for such offenders within sixty days of admission to the institution or as soon as practical. When placing offenders convicted of violating chapter 321J in community residential substance abuse treatment programs for such offenders, the department shall give priority as appropriate to the placement of those offenders currently in institutional substance abuse programs for such offenders. The department shall work with each judicial district to enable such offenders to enter community residential substance abuse treatment programs at a level comparable to their prior institutional program participation. (3) Assignment shall be for the purposes of risk management and substance abuse treatment and may include education or work programs when the offender is not participating in other program components. (4) Assignment may also be made on the basis of the offender's treatment program performance, as a disciplinary measure, for medical needs, and for space availability at community residential facilities. If there is insufficient space at a community residential facility, the court may order an offender to be released to the supervision of the judicial district department of correctional services, held in jail, or committed to the custody of the director of the department of corrections for assignment to an appropriate correctional facility until there is sufficient space at a community residential facility. 2. Upon request by the director, a county shall provide temporary confinement for offenders allegedly violating the conditions of assignment to a program under this chapter, if space is available in the county. The department shall negotiate a reimbursement rate with each county. The amount to be reimbursed shall be determined by multiplying the number of days a person is confined by the average daily cost of confining a person in the county facility as negotiated with the department. A county holding offenders in jail due to insufficient space in a community residential facility shall be reimbursed. Payment shall be made upon submission of a voucher executed by the sheriff and approved by the director. A voucher seeking payment shall be submitted within fifteen days of the end of a calendar quarter. If a voucher seeking payment is not made within fifteen days of the end of the calendar quarter, the request may be denied by the department. 3. The department shall adopt rules for the implementation of this section. The rules shall include the requirement that the treatment programs established pursuant to this chapter meet the licensure standards of the department of public health under chapter 125. The rules shall also include provisions for the funding of the program by means of self-contribution by the offenders, insurance reimbursement on behalf of offenders, or other forms of funding, program structure, criteria for the evaluation of offenders and programs, and all other issues the director shall deem appropriate.

         Section History: Recent Form

         86 Acts, ch 1220, § 26
         C87, § 246.513
         87 Acts, ch 118, § 1, 2; 90 Acts, ch 1251, § 30; 91 Acts, ch 219,
      § 9; 92 Acts, ch 1163, § 57
         C93, § 904.513
         96 Acts, ch 1165, § 2; 2000 Acts, ch 1202, §1; 2003 Acts, 1st Ex,
      ch 2, §58, 209; 2006 Acts, ch 1010, §167; 2006 Acts, ch 1183, §24
         Referred to in § 321J.2, 462A.14
        

904.514 REQUIRED TEST. A person committed to an institution under the control of the department who bites another person, who causes an exchange of bodily fluids with another person, or who causes any bodily secretion to be cast upon another person, shall submit to the withdrawal of a bodily specimen for testing to determine if the person is infected with a contagious infectious disease. The bodily specimen to be taken shall be determined by the staff physician of the institution. The specimen taken shall be sent to the state hygienic laboratory at the state university at Iowa City or some other laboratory approved by the Iowa department of public health. If a person to be tested pursuant to this section refuses to submit to the withdrawal of a bodily specimen, application may be made by the superintendent of the institution to the district court for an order compelling the person to submit to the withdrawal and, if infected, to available treatment. An order authorizing the withdrawal of a specimen for testing may be issued only by a district judge or district associate judge upon application by the superintendent of the institution. Failure to comply with an order issued pursuant to this section may result in the forfeiture of good conduct time, not to exceed one year, earned up to the time of the failure to comply. Personnel at an institution under the control of the department or of a residential facility operated by a judicial district department of correctional services shall be notified if a person committed to any of these institutions is found to have a contagious infectious disease. The department shall adopt policies and procedures to prevent the transmittal of a contagious infectious disease to other persons. For purposes of this section, "infectious disease" means any infectious condition which if spread by contamination would place others at a serious health risk.

         Section History: Recent Form

         87 Acts, ch 185, §1
         CS87, § 246.514
         C93, § 904.514
        

904.515 HUMAN IMMUNODEFICIENCY VIRUS-RELATED MATTERS -- EXEMPTION. The provisions of chapter 141A relating to knowledge and consent do not apply to persons committed to the custody of the department. The department may provide for medically acceptable procedures to inform employees, visitors, and persons committed to the department of possible infection and to protect them from possible infection.

         Section History: Recent Form

         88 Acts, ch 1234, §6
         C89, § 246.515
         C93, § 904.515
         99 Acts, ch 181, §18
        

904.516 ACADEMIC ACHIEVEMENT OF INMATES -- LITERACY AND HIGH SCHOOL EQUIVALENCY PROGRAMS. 1. Effective July 1, 1997, a person who is committed to the custody of the director of the department of corrections may be evaluated for purposes of determining the level of achievement in the basic skills of arithmetic, the communicative arts of reading, writing, grammar, and spelling, social studies, and the sciences. 2. Persons who demonstrate functional literacy competence below the sixth grade level may be required to participate in literacy programs established by the department. Participation shall be voluntary, but shall be reflected as part of the person's record at the institution. Persons who are required to participate in literacy programs and who refuse to participate shall be subject to the following penalties: a. Eligibility only for a minimum allowance. b. Placement on idle status. c. Ineligibility for work bonuses. d. Ineligibility for minimum out or minimum live out status. e. Ineligibility for other privileges as determined by the department. 3. Persons who have not completed the requirements for high school or a high school equivalency diploma may be required to complete the requirements for and to obtain a high school equivalency diploma under chapter 259A. 4. The department, in cooperation with the board of parole, shall adopt rules which establish a procedure for evaluation of inmates to determine basic skills achievement, and criteria for placement of inmates in educational programs. Rules adopted may include, but shall not be limited to, the establishment of standards for the development of appropriate programming, imposition of any applicable penalties, and for waiver of any educational requirements.

         Section History: Recent Form

         95 Acts, ch 179, §1
        

904.601 RECORDS OF INMATES. The director shall keep the following record of every person committed to any of the department's institutions: Name, residence, sex, age, place of birth, occupation, civil condition, date of entrance or commitment, date of discharge, whether a discharge is final, condition of the person when discharged, the name of the institutions from which and to which the person has been transferred, and if the person is dead, the date and cause of death. The director may permit the division of libraries and information services of the department of education and the historical division of the department of cultural affairs to copy or reproduce by any photographic, photostatic, microfilm, microcard, or other process which accurately reproduces in a durable medium and to destroy in the manner described by law the records of inmates required by this paragraph. The director shall keep other records for the use of the board of parole as the board of parole may request.

         Section History: Recent Form

         83 Acts, ch 96, § 22, 159
         CS83, § 217A.32
         84 Acts, ch 1148, § 3; 85 Acts, ch 21, §20, 54
         CS85, § 246.601
         C93, § 904.601
         93 Acts, ch 48, §54
         Referred to in § 216A.136
        

904.602 CONFIDENTIALITY OF RECORDS -- PENALTY. 1. The following information regarding individuals receiving or who have received services from the department or from the judicial district departments of correctional services under chapter 905 is public information and may be given to anyone: a. Name. b. Age. c. Sex. d. Status (inmate, parolee, or probationer). e. Location, except home street address. f. Duration of supervision. g. Offense or offenses for which the individual was placed under supervision. h. County of commitment. i. Arrest and detention orders. j. Physical description. k. Type of services received. l. Disciplinary reports and decisions which have been referred to the county attorney or prosecutor for prosecution, and the following information of all other disciplinary reports: (1) The name of the subject of the investigation. (2) The alleged infraction involved. (3) The finding of fact and the penalty, if any, imposed as a result of the infraction. 2. The following information regarding individuals receiving or who have received services from the department or from the judicial district departments of correctional services under chapter 905 is confidential and shall not be disseminated by the department to the public: a. Home street address of the individual receiving or who has received services or that individual's family. b. Department evaluations. c. Medical, psychiatric or psychological information. d. Names of associates or accomplices. e. Name of employer. f. Social security number. g. Prior criminal history including information on offenses where no conviction occurred. h. Family and personal history. i. Financial information. j. Information from disciplinary reports and investigations other than that identified in subsection 1, paragraph "l". k. Investigations by the department or other agencies which are contained in the individual's file. l. Department committee records which include any information identified in paragraphs "a" through "k". A record containing information which is both public and confidential which is reasonably segregable shall not be confidential after deletion of the confidential information. m. Presentence investigations as provided under chapter 901. n. Pretrial information that is not otherwise available in public court records or proceedings. o. Correspondence directed to department officers or staff from an individual's family, victims, or employers of a personal or confidential nature. If the custodian of the record determines that the correspondence is confidential, in any proceeding under chapter 22 the burden of proof shall be on the person seeking release of the correspondence, and the writer of the correspondence shall be notified of the proceeding. 3. Information identified in subsection 2 shall not be disclosed or used by any person or agency except for purposes of the administration of the department's programs of services or assistance and shall not, except as otherwise provided in this section, be disclosed by the department or be used by persons or agencies outside the department unless they are subject to, or agree to, comply with standards of confidentiality comparable to those imposed on the department by this section. 4. This section does not restrict the disclosure or use of information regarding the cost, purpose, number of persons served or assisted by or results of any program administered by the department, and other general statistical information so long as the information does not identify particular individuals served or assisted except as provided in subsection 1 of this section. 5. Information restricted in subsection 2 may be disclosed to persons or agencies with the approval of the director for the limited purpose of research and program evaluation or educational purposes when those persons or agencies agree to keep confidential that information restricted in subsection 2, and any reports of the research shall not contain any of the information restricted in subsection 2 except as allowed in subsection 4. However, the persons or agencies eligible to receive information under this subsection include only those which are state employees or those whom the department retains under contract to perform the services. 6. Confidential information described in subsection 2 may be disclosed to public officials for use in connection with their official duties relating to law enforcement, audits and other purposes directly connected with the administration of their programs. Full disclosure by the department of any information on an individual may be made to the board of parole and to judicial district departments of correctional services created under chapter 905, and the board and those departments are subject to the same standards as the department in dissemination or redissemination of information on persons served or supervised by those departments, and all provisions of this section pertain to the board of parole and to the judicial district departments as if they were a part of the department. Information may be disseminated about individuals while under the supervision of the department to public or private agencies to which persons served or supervised by the department are referred for specific services not otherwise provided by the department but only to the extent that the information is needed by those agencies to provide the services required, and they shall keep information received from the department confidential. 7. Information described in subsection 2 which pertains to the name and address of the employer of an individual who is receiving or has received services shall be released upon request to an individual for the purpose of executing a judgment resulting from the individual's current or past criminal activity. 8. If it is established that a provision of this section would cause any of the department's programs of services or assistance to be ineligible for federal funds, the provision shall be limited or restricted to the extent which is essential to make the program eligible for federal funds. The department shall adopt, pursuant to chapter 17A, rules necessary to implement this subsection. 9. A supervised individual or former supervised individual shall be given access to the individual's own records in the custody of the department, except that records which could result in physical or psychological harm to another person or the supervised individual or adversely affect an investigation into a supervised individual's possible violation of departmental rules, shall not be disclosed without a court order. Psychiatric information may be withheld by the department if its release would jeopardize the supervised individual's treatment. Upon the supervised individual's written authorization, that information which the supervised individual has access to may be released to any third party. A reasonable fee for copying and services may be charged. 10. Regulations, procedures, and policies that govern the internal administration of the department and the judicial district departments of correctional services under chapter 905, which if released may jeopardize the secure operation of a correctional institution operation or program are confidential unless otherwise ordered by a court. These records include procedures on inmate movement and control, staffing patterns and regulations, emergency plans, internal investigations, equipment use and security, building plans, operation, and security, security procedures for inmate, staff, and visits, daily operation records, and contraband and medicine control. These records are exempt from the public inspection requirements in section 17A.3 and section 22.2. 11. Violation of this section is a serious misdemeanor. 12. This section does not preclude the disclosure of otherwise confidential material if it is necessary to civil or criminal court proceedings. The review of the court may, however, limit the confidential information to an in camera inspection where the court determines that the confidential nature of the information needs to be protected.

         Section History: Recent Form

         83 Acts, ch 96, § 13, 159
         CS83, § 217A.18
         84 Acts, ch 1148, § 1; 85 Acts, ch 21, § 54
         CS85, § 246.602
         C93, § 904.602
         94 Acts, ch 1142, §9, 10; 98 Acts, ch 1090, § 77, 78, 84
         Referred to in § 216A.136, 901.4, 904.603
        

904.603 ACTION FOR DAMAGES. A person receiving or who has received services, or that person's family, victim or employer may institute a civil action for damages under chapter 669 or other action to restrain the release of confidential records set out in section 904.602, subsection 2, which is in violation of that section, and a person, agency or governmental body proven to have released confidential records in violation of section 904.602, subsection 2, is liable for actual damages for each violation and is liable for court costs and reasonable attorney's fees incurred by the party bringing the action.

         Section History: Recent Form

         83 Acts, ch 96, § 14, 159
         CS83, § 217A.19
         84 Acts, ch 1148, § 2; 85 Acts, ch 21, § 54
         CS85, § 246.603
         C93, § 904.603
         94 Acts, ch 1142, §11
        

904.701 SERVICES REQUIRED -- GRATUITOUS ALLOWANCES -- HARD LABOR -- RULES. 1. An inmate of an institution shall be required to perform hard labor which is suited to the inmate's age, gender, physical and mental condition, strength, and attainments in the institution proper, in the industries established in connection with the institution, or at such other places as may be determined by the director. Substantially equivalent hard labor programs shall be available to both male and female inmates. When an inmate of an institution is working outside the institution proper, the inmate shall be deemed at all times to be in the actual custody of the superintendent of the institution. Inmates performing hard labor on chain gangs at a location other than within or on the grounds of a correctional institution shall be attired in brightly colored uniforms that readily identify them as inmates of correctional institutions. Inmates performing other types of hard labor at locations other than within or on the grounds of a correctional institution may also be required by the department to wear the brightly colored uniforms. Inmates not required to wear brightly colored uniforms while performing hard labor shall be otherwise clearly designated as inmates of correctional institutions. The employment of inmates in hard labor shall not displace employed workers, shall not be applied to skills, crafts, or trades in which a local surplus of labor exists, and shall not impair existing contracts for employment or services. 2. The director may when practicable pay the inmate an allowance as the director deems proper in view of the circumstances, and in view of the cost attending the maintenance of the inmate. The allowance is a gratuitous payment and is not a wage arising out of an employment relationship. The payment shall not exceed the amount paid to free labor for a like or equivalent service. 3. For purposes of this section, "hard labor" means physical or mental labor which is performed for a period of time which shall average, as nearly as possible, forty hours each week, and may include useful and productive work, chain gangs, menial labor, treatment or education programs, any training necessary to perform any work required, and, if possible, work providing an inmate with marketable vocational skills. "Hard labor" does not include labor which is dangerous to an inmate's life or health, is unduly painful, or is required to be performed under conditions that would violate occupational safety and health standards applicable to such labor if performed by a person who is not an inmate. 4. Notwithstanding subsection 1, an inmate who has been determined by the director to be unsuitable for the performance of hard labor due to the inmate's age, gender, physical or mental condition, strength, or security status shall not be required to perform hard labor. 5. The department shall adopt rules to implement this section.

         Section History: Recent Form

         83 Acts, ch 96, § 33, 159
         CS83, § 217A.46
         85 Acts, ch 21, §23, 54
         CS85, § 246.701
         C93, § 904.701
         95 Acts, ch 166, §1; 96 Acts, ch 1216, § 33
         Referred to in § 904.702 

         Footnotes

         Reports concerning inmate labor; 2002 Acts, 2nd Ex, ch 1003, §158,
      172; 2003 Acts, ch 174, §7; 2004 Acts, ch 1175, §186; 2005 Acts, ch
      174, §7; 2006 Acts, ch 1183, §8; 2007 Acts, ch 213, § 7; 2008 Acts,
      ch 1180, § 7; 2009 Acts, ch 178, §7
        

904.702 DEDUCTIONS FROM INMATE ACCOUNTS. 1. If allowances are paid pursuant to section 904.701, the director shall establish an inmate account, for deposit of those allowances and for deposit of moneys sent to the inmate from a source other than the department of corrections. The director may deduct an amount, not to exceed ten percent of the amount of the allowance, unless the inmate requests a larger amount, to be deposited into the inmate savings fund as required under section 904.508, subsection 2. In addition to deducting a portion of the allowance, the director may also deduct from an inmate account any amount, except amounts directed to be deposited in the inmate telephone fund established in section 904.508A, sent to the inmate from a source other than the department of corrections for deposit in the inmate savings fund as required under section 904.508, subsection 2, until the amount in the fund equals the amount due the inmate upon discharge, parole, or placement on work release. The director shall deduct from the inmate account an amount the inmate is legally obligated to pay for child support. The director shall deduct from the inmate account an amount established by the inmate's restitution plan of payment. The director shall also deduct from any remaining account balance an amount sufficient to pay all or part of any judgment against the inmate, including but not limited to judgments for taxes and child support, and court costs and fees assessed either as a result of the inmate's confinement or amounts required to be paid under section 610A.1. Written notice of the amount of the deduction shall be given to the inmate, who shall have five days after receipt of the notice to submit in writing any and all objections to the deduction to the director, who shall consider the objections prior to transmitting the deducted amount to the clerk of the district court. The director need give only one notice for each action or appeal under section 610A.1 for which periodic deductions are to be made. The director shall next deduct from any remaining account balance an amount sufficient to pay all or part of any costs assessed against the inmate for misconduct or damage to the property of others. The director may deduct from the inmate's account an amount sufficient to pay for the inmate's share of the costs of health services requested by the inmate and for the treatment of injuries inflicted by the inmate on the inmate or others. The director may deduct and disburse an amount sufficient for industries' programs to qualify under the eligibility requirements established in the Justice Assistance Act of 1984, Pub. L. No. 98-473, including an amount to pay all or part of the cost of the inmate's incarceration. The director may pay all or any part of remaining allowances paid pursuant to section 904.701 directly to a dependent of the inmate, or may deposit the allowance to the account of the inmate, or may deposit a portion and allow the inmate a portion for the inmate's personal use. 2. The director and the department shall not be liable to any person for any damages caused by the withdrawal or failure to withdraw money or the payment or failure to make any payment under this section.

         Section History: Recent Form

         83 Acts, ch 96, § 34, 159
         CS83, § 217A.47
         85 Acts, ch 21, §24, 54; 85 Acts, ch 195, §24
         CS85, § 246.702
         87 Acts, ch 13, § 3; 88 Acts, ch 1166, §1; 91 Acts, ch 219, §10
         C93, § 904.702
         95 Acts, ch 167, §6; 96 Acts, ch 1165, § 3; 2003 Acts, 1st Ex, ch
      2, §59, 209; 2006 Acts, ch 1183, §25
         Referred to in § 610A.1, 610A.3, 822.2, 904.508, 915.83
        

904.703 SERVICES OF INMATES -- INSTITUTIONS AND PUBLIC SERVICE -- INMATE LABOR FUND. 1. Inmates shall work on state account in the maintenance of state institutions, in the erection, repair, authorized demolition, or operation of buildings and works used in connection with the institutions, and in industries established and maintained in connection with the institutions by the director. The director shall encourage the making of agreements, including chapter 28E agreements, with departments and agencies of the state or its political subdivisions to provide products or services under an inmate work program to the departments and agencies. The director may implement an inmate work program for trustworthy inmates of state correctional institutions, under proper supervision, whether at work centers located outside the state correctional institutions or in construction or maintenance work at public or charitable facilities and for other agencies of state, county, or local government. The supervision, security, and transportation of, and allowances paid to inmates used in public service projects shall be provided pursuant to agreements, including chapter 28E agreements, made by the director and the agency for which the work is done. Housing and maintenance shall also be provided pursuant to the agreement, including a chapter 28E agreement, unless the inmate is housed and maintained in the correctional facility. All such work, including but not limited to that provided in this section, shall have as its primary purpose the development of attitudes, skills, and habit patterns which are conducive to inmate rehabilitation. The director may adopt rules allowing inmates participating in an inmate work program to receive educational or vocational training outside the state correctional institutions and away from the work centers or public or charitable facilities used under a program. 2. An inmate shall not work in a public service project if the work of that inmate would replace a person employed by the state agency or political subdivision, which employee is performing the work of the public service project at the time the inmate is being considered for work in the project. 3. An inmate labor fund is established under the control of the department. All fees, grants, appropriations, or reimbursed costs received by the department and related to inmate labor shall be deposited into the fund, and the moneys shall be used by the department to offset staff and transportation costs related to providing inmate labor to public entities and to initiate or supplement other inmate labor activities within correctional institutions or throughout the state. Notwithstanding section 8.33, moneys remaining in the fund at the end of a fiscal year shall not revert to the general fund of the state. Notwithstanding section 12C.7, interest and earnings deposited in the fund shall be credited to the fund.

         Section History: Early Form

         [S13, § 5702-a; SS15, § 5718-a11; C24, 27, 31, 35, 39, § 3757;
      C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 246.18] 

         Section History: Recent Form

         83 Acts, ch 51, § 3, 7, 9; 83 Acts, ch 96, § 159, 160
         CS83, § 217A.78
         85 Acts, ch 21, § 26, 54
         CS85, § 246.703
         88 Acts, ch 1165, § 2; 90 Acts, ch 1251, § 31
         C93, § 904.703
         98 Acts, ch 1086, § 6; 99 Acts, ch 182, §5; 2004 Acts, ch 1106,
      §3; 2005 Acts, ch 67, §1
         Referred to in § 85.59, 669.2, 904.704, 904.802, 904.808
        

904.704 LIMITATION ON CONTRACTS. The director or the superintendents of the institutions shall not, nor shall any other person employed by the state, make any contract by which the labor or time of an inmate in the institution is given, loaned, or sold to any person unless as provided by division VIII or section 904.703.

         Section History: Early Form

         [S13, § 2727-a51, 5718-a28a; C24, 27, 31, 35, 39, § 3764; C46,
      50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, § 246.25] 

         Section History: Recent Form

         83 Acts, ch 51, § 4, 7, 9; 83 Acts, ch 96, § 159, 160
         CS83, § 217A.79
         85 Acts, ch 21, §27, 54
         CS85, § 246.704
         C93, § 904.704
        

904.705 INDUSTRIES -- FORESTRY NURSERIES. The director may establish industries at or in connection with any of the institutions under the director's control and may make contractual agreements with the United States, other states, state departments and agencies, and subdivisions of the state, for purchase of industry products. The director may with the assistance of the department of natural resources establish and operate forestry nurseries on state-owned land under the control of the department. Residents of the adult correctional institutions shall provide the labor for the operation. Nursery stock shall be sold in accordance with the rules of the natural resource commission. The department shall pay the costs of establishing and operating the forestry nurseries out of the revolving farm fund created in section 904.706. The department of natural resources shall pay the costs of transporting, sorting, and distributing nursery stock to and from or on state-owned land under the control of the department of natural resources. Receipts from the sale of nursery stock produced under this section shall be divided between the department and the department of natural resources in direct proportion to their respective costs as a percentage of the total costs. However, property taxes due and payable on the land shall be deducted before receipts of sale are divided between the two departments if land subject to this section is leased to an entity other than an entity which is exempt from property taxation under section 427.1. The department shall deposit its receipts in the revolving farm fund created in section 904.706.

         Section History: Recent Form

         83 Acts, ch 96, § 47, 159
         CS83, § 217A.69
         85 Acts, ch 21, § 54
         CS85, § 246.705
         C93, § 904.705
         2003 Acts, ch 130, §4, 5
         Referred to in § 427.1(1b)
        

904.706 REVOLVING FARM FUND. A revolving farm fund is created in the state treasury in which the department shall deposit receipts from agricultural products, nursery stock, agricultural land rentals, and the sale of livestock. However, before any agricultural operation is phased out, the department which proposes to discontinue this operation shall notify the governor, chairpersons and ranking members of the house and senate appropriations committees, and co-chairpersons and ranking members of the subcommittee in the senate and house of representatives which has handled the appropriation for this department in the past session of the general assembly. Before the department sells farmland under the control of the department, the director shall notify the governor, chairpersons and ranking members of the house and senate appropriations committees, and co-chairpersons and ranking members of the joint appropriations subcommittee that handled the appropriation for the department during the past session of the general assembly. The department may pay from the fund for the operation, maintenance, and improvement of farms and agricultural or nursery property under the control of the department. A purchase order for five thousand dollars or less payable from the fund is exempt from the general purchasing requirements of chapter 8A, subchapter III. Notwithstanding section 8.33, unencumbered or unobligated receipts in the revolving farm fund at the end of a fiscal year shall not revert to the general fund of the state. Notwithstanding section 8.36, the department shall annually prepare a financial statement covering the previous calendar year to provide for an accounting of the funds in the revolving farm fund. The financial statement shall be filed with the legislative services agency on or before February 1 each year. As used in this section, "department" means the Iowa department of corrections and the Iowa department of human services. The farm operations administrator appointed under section 904.302 shall perform the functions described under section 904.302 for agricultural operations on property of the Iowa department of human services. The Iowa department of human services shall enter into an agreement under chapter 28D with the Iowa department of corrections to implement this section.

         Section History: Recent Form

         83 Acts, ch 96, § 48, 159
         CS83, § 217A.70
         85 Acts, ch 21, § 54
         CS85, § 246.706
         86 Acts, ch 1075, § 2; 89 Acts, ch 9, § 1; 91 Acts, ch 260, § 1221

         C93, § 904.706
         2003 Acts, ch 35, §45, 49; 2003 Acts, ch 145, § 283
         Referred to in § 218.78, 427.1(1b), 904.302, 904.705
        

904.801 STATEMENT OF INTENT. It is the intent of this division that there be made available to inmates of the state correctional institutions opportunities for work in meaningful jobs with the following objectives: 1. To develop within those inmates willing to accept and persevere in such work: a. Positive attitudes which will enable them to eventually function as law-abiding, self-supporting members of the community; b. Good work habits that will assist them in eventually securing and holding gainful employment outside the correctional system; and c. To the extent feasible, marketable skills that can lead directly to gainful employment upon release from a correctional institution. 2. To enable those inmates willing to accept and persevere in such work to: a. Provide or assist in providing for their dependents, thus tending to strengthen the inmates' family ties while reducing the likelihood that inmates' families will have to rely upon public assistance for subsistence; b. Make restitution, as the opportunity to do so becomes available, to the victims of the offenses for which the inmates were incarcerated, so as to assist the inmates in accepting responsibility for the consequences of their acts; c. Make it feasible to require that such inmates pay some portion of the cost of board and maintenance in a correctional institution, in a manner similar to what would be necessary if they were employed in the community; and d. Accumulate savings so that such inmates will have funds for necessities upon their eventual return to the community.

         Section History: Early Form

         [C79, 81, § 216.1; 82 Acts, ch 1007, § 1] 

         Section History: Recent Form

         85 Acts, ch 21, §1, 2, 54
         CS85, § 246.801
         C93, § 904.801
         Referred to in § 904.804, 904.806, 904.809, 904.814
        

904.802 DEFINITIONS. As used in this division: 1. "Industries board" means the state prison industries advisory board. 2. "Iowa state industries" means prison industries that are established and maintained by the Iowa department of corrections, in consultation with the industries board, at or adjacent to the state's adult correctional institutions, except that an inmate work program established by the state director under section 904.703 is not restricted to industries at or adjacent to the institutions. 3. "State director" means the director of the Iowa department of corrections, or the director's designee.

         Section History: Early Form

         [C79, 81, § 216.2; 82 Acts, ch 1007, § 2, ch 1100, § 3] 

         Section History: Recent Form

         83 Acts, ch 96, § 61, 159; 85 Acts, ch 21, §3, 54
         CS85, § 246.802
         C93, § 904.802
         94 Acts, ch 1023, §72
         Referred to in § 262.34A
        

904.803 PRISON INDUSTRIES ADVISORY BOARD. 1. There is established a state prison industries advisory board, consisting of seven members selected as prescribed by this subsection. a. Five members shall be appointed by the governor for terms of four years beginning July 1 of the year of appointment. They shall be chosen as follows: (1) One member shall represent agriculture and one member shall represent manufacturing, with particular reference to the roles of their constituencies as potential employers of former inmates of the state's correctional institutions. (2) One member shall represent labor organizations, membership in which may be helpful to former inmates of the state's correctional institutions who seek to train for and obtain gainful employment. (3) One member shall represent agencies, groups and individuals in this state which plan and maintain programs of vocational and technical education oriented to development of marketable skills. (4) One member shall represent the financial industry and be familiar with accounting practices in private industry. b. One member each shall be designated by and shall serve at the pleasure of the state director and the state board of parole, respectively. c. Upon the resignation, death or removal of any member appointed under paragraph "a" of this subsection, the vacancy shall be filled by the governor for the balance of the unexpired term. In making the initial appointments under that paragraph, the governor shall designate two appointees to serve terms of two years and three to serve terms of four years from July 1, 1977. 2. Biennially, the industries board shall organize by election of a chairperson and a vice chairperson, as soon as reasonably possible after the new appointees have been named. Other meetings shall be held at the call of the chairperson or of any three members, as necessary to enable the industries board to discharge its duties. Board members shall be reimbursed for expenses actually and necessarily incurred in the discharge of their duties, and those members not state employees shall also be entitled to a per diem as specified in section 7E.6 for each day they are so engaged. 3. The state director shall provide such administrative and technical assistance as is necessary to enable the industries board to discharge its duties. The industries board shall be provided necessary office and meeting space at the seat of government.

         Section History: Early Form

         [C79, 81, § 216.3; 82 Acts, ch 1149, § 1] 

         Section History: Recent Form

         85 Acts, ch 21, §4, 54
         CS85, § 246.803
         90 Acts, ch 1256, § 40
         C93, § 904.803
        

904.804 DUTIES OF INDUSTRIES BOARD. The industries board's principal duties shall be to promulgate and adopt rules and to advise the state director regarding the management of Iowa state industries so as to further the intent stated by section 904.801.

         Section History: Early Form

         [C79, 81, § 216.4] 

         Section History: Recent Form

         85 Acts, ch 21, § 54
         CS85, § 246.804
         C93, § 904.804
        

904.805 DUTIES OF STATE DIRECTOR. The state director, with the advice of the industries board, shall: 1. Conduct market studies and consult with public bodies and officers who are listed in section 904.807, and with other potential purchasers, for the purpose of determining items or services needed and design features desired or required by potential purchasers of Iowa state industries products or services. 2. Receive, investigate and take appropriate action upon any complaints from potential purchasers of Iowa state industries products or services regarding lack of cooperation by Iowa state industries with public bodies and officers who are listed in section 904.807, and with other potential purchasers. 3. Establish, transfer and close industrial operations as deemed advisable to maximize opportunities for gainful work for inmates and to adjust to actual or potential market demand for particular products or services. 4. Establish and from time to time adjust, as necessary, levels of allowances paid to inmates working in Iowa state industries. 5. Coordinate Iowa state industries, and other opportunities for gainful work available to inmates of adult correctional institutions, with vocational and technical training opportunities and apprenticeship programs, to the greatest extent feasible. 6. Promote, plan, and when deemed advisable, assist in the location of privately owned and operated industrial enterprises on the grounds of adult correctional institutions, pursuant to section 904.809.

         Section History: Early Form

         [C79, 81, § 216.5; 82 Acts, ch 1007, § 3] 

         Section History: Recent Form

         85 Acts, ch 21, § 5--7, 54
         CS85, § 246.805
         86 Acts, ch 1245, §1505; 88 Acts, ch 1165, §3
         C93, § 904.805
        

904.806 AUTHORITY OF STATE DIRECTOR NOT IMPAIRED. Nothing in this division shall be construed to impair the authority of the state director over the adult correctional institutions of this state, nor over the inmates thereof. It is, however, the duty of the state director to obtain the advice of the industries board to further the intent stated by section 904.801.

         Section History: Early Form


         [C79, 81, § 216.6] 

         Section History: Recent Form

         85 Acts, ch 21, § 54
         CS85, § 246.806
         C93, § 904.806
        

904.807 PRICE LISTS TO PUBLIC OFFICIALS. The state director shall cause to be prepared from time to time classified and itemized price lists of the products manufactured by Iowa state industries. Such lists shall be furnished to all boards of supervisors, boards of directors of school corporations, city councils, and all other state, county, city and school departments and officials empowered to purchase supplies and equipment for public purposes.

         Section History: Early Form

         [C24, 27, 31, 35, 39, § 3760; C46, 50, 54, 58, 62, 66, 71, 73,
      75, 77, § 246.21; C79, 81, § 216.7] 

         Section History: Recent Form

         85 Acts, ch 21, § 54
         CS85, § 246.807
         C93, § 904.807
         Referred to in § 904.805, 904.808
        

904.808 STATE PURCHASING REQUIREMENTS -- EXCEPTIONS. 1. A product possessing the performance characteristics of a product listed in the price lists prepared pursuant to section 904.807 shall not be purchased by any department or agency of state government from a source other than Iowa state industries, except: a. When the purchase is made under emergency circumstances, which shall be explained in writing by the public body or officer who made or authorized the purchase if the state director so requests; or b. When the state director releases, in writing, the obligation of the department or agency to purchase the product from Iowa state industries, after determining that Iowa state industries is unable to meet the performance characteristics of the purchase request for the product, and a copy of the release is attached to the request to the director of the department of administrative services for payment for a similar product, or when Iowa state industries is unable to furnish needed products, comparable in both quality and price to those available from alternative sources, within a reasonable length of time. Any disputes arising between a purchasing department or agency and Iowa state industries regarding similarity of products, or comparability of quality or price, or the availability of the product, shall be referred to the director of the department of administrative services, whose decision shall be subject to appeal as provided in section 8A.313. However, if the purchasing department is the department of administrative services, any matter which would be referred to the director under this paragraph shall be referred to the executive council in the same manner as if the matter were to be heard by the director of the department of administrative services. The decision of the executive council is final. 2. The state director shall adopt and update as necessary rules setting specific delivery schedules for each of the products manufactured by Iowa state industries. These delivery schedules shall not apply where a different delivery schedule is specifically negotiated by Iowa state industries and a particular purchaser. 3. A department or agency of the state shall cooperate and enter into agreements, if possible, for the provision of products and services under an inmate work program established by the state director under section 904.703.

         Section History: Early Form

         [C79, 81, § 216.8; 82 Acts, ch 1007, § 4] 

         Section History: Recent Form

         83 Acts, ch 203, § 14; 85 Acts, ch 21, §8, 54
         CS85, § 246.808
         88 Acts, ch 1071, §1
         C93, § 904.808
         94 Acts, ch 1023, §73; 2003 Acts, ch 145, §284
         Referred to in § 8A.313
        

904.809 PRIVATE INDUSTRY EMPLOYMENT OF INMATES OF CORRECTIONAL INSTITUTIONS. 1. The following conditions shall apply to all agreements to provide private industry employment for inmates of correctional institutions: a. The state director and the industries board shall comply with the intent of section 904.801. b. An inmate shall not be compelled to take private industry employment. c. Inmates shall receive allowances commensurate with those wages paid persons in similar jobs outside the correctional institutions. This may include piece rating in which the inmate is paid only for what is produced. d. Employment of inmates in private industry shall not displace employed workers, apply to skills, crafts, or trades in which there is a local surplus of labor, or impair existing contracts for employment or services. e. Inmates employed in private industry shall be eligible for workers' compensation in accordance with section 85.59. f. Inmates employed in private industry shall not be eligible for unemployment compensation while incarcerated. g. The state director shall implement a system for screening and security of inmates to protect the safety of the public. 2. a. Any other provision of the Code to the contrary notwithstanding, the state director may, after obtaining the advice of the industries board, lease one or more buildings or portions thereof on the grounds of any state adult correctional institution, together with the real estate needed for reasonable access to and egress from the leased buildings, for a term not to exceed twenty years, to a private corporation for the purpose of establishing and operating a factory for the manufacture and processing of products, or any other commercial enterprise deemed by the state director to be consistent with the intent stated in section 904.801. b. Each lease negotiated and concluded under this subsection shall include, and shall be valid only so long as the lessee adheres to, the following provisions: (1) Persons working in the factory or other commercial enterprise operated in the leased property, except the lessee's supervisory employees and necessary support personnel approved by the industries board, shall be inmates of the institution where the leased property is located who are approved for such work by the state director and the lessee. (2) The factory or other commercial enterprise operated in the leased property shall observe at all times such practices and procedures regarding security as the lease may specify, or as the state director may temporarily stipulate during periods of emergency. 3. The state director with the advice of the prison industries advisory board may provide an inmate workforce to private industry. Under the program inmates will be employees of a private business. 4. Private or nonprofit organizations may subcontract with Iowa state industries to perform work in Iowa state industries shops located on the grounds of a state institution. The execution of the subcontract is subject to the following conditions: a. The private employer shall pay to Iowa state industries a per unit price sufficient to fund allowances for inmate workers commensurate with similar jobs outside corrections institutions. b. Iowa state industries shall negotiate a per unit price which takes into account staff supervision and equipment provided by Iowa state industries. 5. a. An inmate of a correctional institution employed pursuant to this section shall surrender to the department of corrections the inmate's total earnings less deductions for federal, state, and local taxes, and any other payroll deductions required by law. The inmate's employer shall provide each employed inmate with the withholding statement required under section 422.16, and any other employment information necessary for the receipt of the remainder of an inmate's payroll earnings. b. From the inmate's gross payroll earnings, the following amounts shall be deducted: (1) Twenty percent, to be deposited in the inmate's general account. (2) All required tax deductions, to be collected by the inmate's employer. (3) Five percent, to be deducted for the victim compensation fund created in section 915.94. c. From the balance remaining after deduction of the amounts under paragraph "b", the following amounts shall be deducted in the following order of priority: (1) An amount which the inmate may be legally obligated to pay for the support of the inmate's dependents, which shall be paid through the department of human services collection services center, and which shall include an amount for delinquent child support not to exceed fifty percent of net earnings. (2) Restitution as ordered by the court under chapter 910. (3) The department may retain up to fifty percent of any remaining balance after deductions made under subparagraphs (1) and (2) if the remaining balance is from an inmate employed in a new job created on or after July 1, 2004. The funds shall be used to staff supervision costs of private sector employment of inmates at correctional institutions. Funds retained pursuant to this subparagraph shall not be used for administrative costs of Iowa state industries. (4) Any balance remaining after the deductions made under subparagraphs (1), (2), and (3) shall represent the costs of the inmate's incarceration and shall be deposited in the general fund of the state. d. Of the amount credited to the inmate's general account, the department shall deduct an amount representing any other legal or administrative financial obligations of the inmate.

         Section History: Early Form

         [C79, 81, § 216.10] 

         Section History: Recent Form

         85 Acts, ch 21, §10, 54
         CS85, § 246.809
         C93, § 904.809
         93 Acts, ch 46, §7; 97 Acts, ch 190, §6; 98 Acts, ch 1090, § 79,
      84; 99 Acts, ch 182, §6; 2000 Acts, ch 1154, §44; 2004 Acts, ch 1175,
      §203, 204
         Referred to in § 8A.311, 85.59, 904.805, 904.814
        

904.810 AND 904.811 Repealed by 93 Acts, ch 46, § 13.

904.812 RESTRICTION ON GOODS MADE AVAILABLE. Effective July 1, 1978, and notwithstanding any other provisions of this division, goods made available by Iowa state industries shall be restricted to items, materials, supplies and equipment which are formulated or manufactured by Iowa state industries and shall not include goods, materials, supplies or equipment which are merely purchased by Iowa state industries for repacking or resale except with approval of the state director when such repacking for resale items are directly related to product lines.

         Section History: Early Form

         [C79, 81, § 216.12] 

         Section History: Recent Form

         CS83, § 216.14
         85 Acts, ch 21, § 54
         CS85, § 246.812
         C93, § 904.812
        

904.813 INDUSTRIES REVOLVING FUND -- USES. 1. There is established in the treasury of the state a permanent Iowa state industries revolving fund. This revolving fund shall be created by the transfer thereto of all moneys in the revolving fund formerly established under section 246.26 as that section appeared in the Code of 1977 and prior editions, and shall be maintained by depositing therein all receipts from the sale of products manufactured by Iowa state industries, and from sale of any property of Iowa state industries found by the state director to be obsolete or unneeded. 2. The Iowa state industries revolving fund shall be used only for the following purposes: a. Establishment, maintenance, transfer, or closure of industrial operations, or vocational, technical, and related training facilities and services for inmates as authorized by the state director in consultation with the industries board. b. Payment of all costs incurred by the industries board, including but not limited to per diem and expenses of its members, and of salaries, allowances, support, and maintenance of Iowa state industries. c. Direct purchases from vendors of raw materials and capital items used for the manufacturing processes of Iowa state industries, in accordance with rules which meet state bidding requirements. The rules shall be adopted by the state director in consultation with the industries board. Payments from the revolving fund, other than salary payments, shall be made directly to the vendors. 3. The Iowa state industries revolving fund shall not be used for the operation of farms at any adult correctional institution unless such farms are operated directly by Iowa state industries. 4. The fund established by this section shall not revert to the general fund of the state at the end of any annual or biennial period and the investment proceeds earned from the balance of the fund shall be credited to the fund and used for the purposes provided for in this section.

         Section History: Early Form

         [C27, 31, 35, § 3764-b1, 3764-b2, 3764-b3; C39, § 3764.1,
      3764.2, 3764.3; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, § 246.26,
      246.27, 246.28; C79, 81, § 216.9; 82 Acts, ch 1007, § 5] 

         Section History: Recent Form

         83 Acts, ch 96, § 62, 159; 83 Acts, ch 203, § 15; 85 Acts, ch 21,
      §9, 54
         CS85, § 246.813
         88 Acts, ch 1048, §1
         C93, § 904.813
        

904.814 INMATE ALLOWANCE SUPPLEMENT REVOLVING FUND. There is established in the treasury of the state a permanent adult correctional institutions inmate allowance supplement revolving fund, consisting solely of money paid as board and maintenance by inmates working in Iowa state industries, or working pursuant to section 904.809. The fund established by this section may be used to supplement the allowances of inmates who perform other institutional work within and about the adult correctional institutions including those who are working in Iowa state industries. Payments made from the fund shall supplement and not replace all or any part of the allowances otherwise received by, and shall be equably distributed among such inmates. The work of inmates in other institutional or industry work shall, to the greatest extent feasible, be in accord with the intent stated in section 904.801. The fund may also be used to supplement other rehabilitation activities within the adult correctional institutions. Determination of the use of the funds is the responsibility of the state director who shall first seek the advice of the prison industries advisory board.

         Section History: Early Form

         [C79, 81, § 216.11; 82 Acts, ch 1149, § 3] 

         Section History: Recent Form

         C83, § 216.13
         85 Acts, ch 21, §12, 54
         CS85, § 246.814
         C93, § 904.814
        

904.815 SALE OF PRODUCTS. 1. Iowa state industries may produce and sell products to any tax-supported institution or governmental subdivision in any level of government which includes the state, county, city, or school corporation. Iowa state industries may sell products to employees of those entities. 2. Iowa state industries may sell products to nonprofit organizations including parochial schools, churches, or fraternal organizations. 3. Iowa state industries may sell products to nonprofit health care facilities serving Medicaid or social security patients.

         Section History: Recent Form

         88 Acts, ch 1230, §5
         C93, § 904.815
        

904.901 WORK RELEASE PROGRAM. The Iowa department of corrections, in consultation with the board of parole, shall establish a work release program under which the board of parole may grant inmates sentenced to an institution under the jurisdiction of the department the privilege of leaving actual confinement during necessary and reasonable hours for the purpose of working at gainful employment. Under appropriate conditions the program may also include an out-of-state work or treatment placement or release for the purpose of seeking employment, attendance at an educational institution, or family visitation. An inmate may be placed on work release status in the inmate's own home, under appropriate circumstances, which may include child care and housekeeping in the inmate's own home. This work release program is in addition to the institutional work release program established in section 904.910.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 247A.2] 

         Section History: Recent Form

         83 Acts, ch 96, § 103, 159; 84 Acts, ch 1244, § 1; 85 Acts, ch 21,
      § 54
         CS85, § 246.901
         86 Acts, ch 1245, §1506; 87 Acts, ch 118, § 3; 91 Acts, ch 219,
      §11
         C93, § 904.901
         93 Acts, ch 46, §8
         Referred to in § 904.910, 906.1
        

904.902 WORK RELEASE -- PERSONS SERVING MANDATORY MINIMUM SENTENCE. An inmate serving a mandatory minimum sentence of one year or more, who is approved to participate in the work release program, shall serve the final six months of the inmate's mandatory minimum sentence performing labor in the program. Duties, if possible, shall consist of physical labor in plain view of the public. However, an inmate shall not be required to perform work which is beyond an inmate's physical ability, which constitutes a physical hardship, or which is dangerous or threatening to the inmate's life or health, medically prohibited, or unduly painful.

         Section History: Recent Form

         90 Acts, ch 1251, §32
         C91, § 246.902
         C93, § 904.902
         Referred to in § 906.1
        

904.903 AGREEMENT BY INMATE. An inmate approved to participate in the work release program shall sign a work release agreement. The agreement shall include all terms and conditions of the particular plan adopted for the inmate by the board of parole and shall include a statement that the inmate agrees to abide by all terms and conditions in the agreement. The agreement shall be signed by the inmate prior to participation in the program. Following the release of the inmate, the agreement may be terminated by the department in accordance with rules of the department.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 247A.4] 

         Section History: Recent Form

         85 Acts, ch 21, § 54
         CS85, § 246.903
         86 Acts, ch 1245, § 1507
         C93, § 904.903
         93 Acts, ch 98, §1
         Referred to in § 906.1
        

904.904 HOUSING FACILITIES -- HALFWAY HOUSES. Unless the inmate returns after working hours to the institution under jurisdiction of the department of corrections, the department of corrections shall contract with a judicial district department of correctional services for the quartering and supervision of the inmate in local housing facilities. The board of parole shall include as a specific term or condition in the work release plan of any inmate the place where the inmate is to be housed when not on the work assignment. The board of parole shall not place an inmate on work release for longer than six months in any twelve-month period unless approval is given by a majority of the full board of parole. Inmates may be temporarily released to the supervision of a responsible person to participate in family and selected community, religious, educational, social, civic, and recreational activities when it is determined that the participation will directly facilitate the release transition from institution to community. The department of corrections shall provide a copy of the work release plan and a copy of any restitution plan of payment to the judicial district department of correctional services quartering and supervising the inmate.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 247A.5] 

         Section History: Recent Form

         83 Acts, ch 96, § 105, 159; 85 Acts, ch 21, § 54
         CS85, § 246.904
         86 Acts, ch 1245, § 1508
         C93, § 904.904
         97 Acts, ch 130, §6
         Referred to in § 904.910, 906.1
        

904.905 SURRENDER OF EARNINGS. An inmate employed in the community under a work release plan shall surrender to the judicial district department of correctional services the inmate's total earnings less payroll deductions required by law. The judicial district department of correctional services shall deduct from the earnings in the following order of priority: 1. An amount the inmate may be legally obligated to pay for the support of the inmate's dependents, the amount of which shall be paid to the dependents through the department of human services located in the county or city in which the dependents reside. 2. Restitution as ordered by the court pursuant to chapter 910. 3. An amount determined to be the cost to the judicial district department of correctional services for providing food, lodging, and clothing for the inmate while under the program. 4. Any other financial obligations which are acknowledged by the inmate or any unsatisfied judgment against the inmate. Any balance remaining after deductions and payments shall be credited to the inmate's personal account at the judicial district department of correctional services and shall be paid to the inmate upon release. An inmate so employed shall be paid a fair and reasonable wage in accordance with the prevailing wage scale for such work and shall work at fair and reasonable hours per day and per week.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 247A.7] 

         Section History: Recent Form

         83 Acts, ch 96, § 106, 157, 159; 84 Acts, ch 1184, § 16; 85 Acts,
      ch 21, § 54
         CS85, § 246.905
         C93, § 904.905
         94 Acts, ch 1142, §12
         Referred to in § 904.910, 906.1
        

904.906 STATUS OF INMATES ON WORK RELEASE. An inmate employed in the community under this chapter is not an agent, employee, or involuntary servant of the department of corrections, the board of parole, or the judicial district department of correctional services while released from confinement under the terms of a work release plan. If an inmate suffers an injury arising out of or in the course of the inmate's employment under this chapter, the inmate's recovery shall be from the insurance carrier of the employer of the project and no proceedings for compensation shall be maintained against the insurance carrier of the state institution, the state, the insurance carrier of the judicial district department of correctional services, or the judicial district department of correctional services, and there is no employer-employee relationship between the inmate and the state institution, the board of parole, or the judicial district department of correctional services.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 247A.8] 

         Section History: Recent Form

         83 Acts, ch 96, § 107, 159; 85 Acts, ch 21, § 54
         CS85, § 246.906
         86 Acts, ch 1245, § 1509
         C93, § 904.906
         Referred to in § 906.1
        

904.907 PAROLE NOT AFFECTED. This division does not affect eligibility for parole under chapter 906 or diminution of confinement of any inmate released under a work release plan.

         Section History: Early Form

         [C71, 73, 75, 77, 79, 81, § 247A.9] 

         Section History: Recent Form

         83 Acts, ch 101, § 55; 85 Acts, ch 21, § 54
         CS85, § 246.907
         C93, § 904.907
         Referred to in § 906.1
        

904.908 ALLEGED WORK RELEASE VIOLATORS -- TEMPORARY CONFINEMENT BY COUNTIES -- REIMBURSEMENT. 1. Upon request by the Iowa department of corrections, the board of parole, or a judicial district department of correctional services a county shall provide temporary confinement for alleged violators of work release conditions if space is available. 2. The Iowa department of corrections shall negotiate a reimbursement rate with each county for the temporary confinement of alleged violators of work release conditions who are in the custody of the director of the Iowa department of corrections or who are housed or supervised by the judicial district department of correctional services. The amount to be reimbursed shall be determined by multiplying the number of days a person is confined by the average daily cost of confining a person in the county facility as negotiated with the department. Payment shall be made upon submission of a voucher executed by the sheriff and approved by the director of the Iowa department of corrections. 3. Any request for reimbursement under subsection 2 shall be made within fifteen days of the end of a calendar quarter. If a request for reimbursement is not made within fifteen days of the end of the calendar quarter, the request may be denied by the department.

         Section History: Early Form

         [C79, 81, § 247A.10] 

         Section History: Recent Form

         83 Acts, ch 96, § 108, 159; 83 Acts, ch 123, § 95, 209; 84 Acts,
      ch 1244, § 2; 85 Acts, ch 21, § 40, 54
         CS85, § 246.908
         86 Acts, ch 1245, § 1510
         C93, § 904.908
         2006 Acts, ch 1183, §26
         Referred to in § 331.427, 906.1
        

904.909 WORK RELEASE AND OWI VIOLATORS -- REIMBURSEMENT TO DEPARTMENT FOR TRANSPORTATION COSTS. The department of corrections shall arrange for the return of a work release client, or offender convicted of violating chapter 321J, who escapes from the facility to which the client is assigned or violates the conditions of supervision. The client or offender shall reimburse the department of corrections for the cost of transportation incurred because of the escape or violation. The amount of reimbursement shall be the actual cost incurred by the department and shall be credited to the support account from which the billing occurred. The director of the department of corrections shall recommend rules pursuant to chapter 17A, subject to approval by the board of corrections pursuant to section 904.105, subsection 7, to implement this section.

         Section History: Recent Form

         83 Acts, ch 51, § 1, 7, 9; 83 Acts, ch 96, § 159, 160
         CS83, § 247A.11
         85 Acts, ch 21, §54
         CS85, §246.909
         88 Acts, ch 1091, §1; 91 Acts, ch 219, §12
         C93, § 904.909
         93 Acts, ch 46, §9
         Referred to in § 906.1
        

904.910 INSTITUTIONAL WORK RELEASE PROGRAM. 1. In addition to the work release program established in section 904.901, the department of corrections shall establish an institutional work release program for each institution. The program shall provide that the department may grant inmates sentenced to an institution under its jurisdiction the privilege of leaving actual confinement during necessary and reasonable hours for the purpose of working at gainful employment. Under appropriate conditions, the program may also include an out-of-state work or treatment placement or release for the purpose of seeking employment or attendance at an educational institution. An inmate may be placed on work release status in the inmate's own home, under appropriate circumstances, which may include child care and housekeeping in the inmate's own home. 2. A committee shall be established by the department for the work release program at each institution to review applications for participation in the program. 3. An inmate who is eligible to participate in the work release program may apply to the superintendent of the institution for permission to participate in the program. The application shall include a statement that, if the application is approved, the inmate agrees to abide by all terms and conditions of the inmate's work release plan adopted by the committee. In addition, the application shall state the name and address of the proposed employer, if any, and shall contain other information as required by the committee. The committee may approve, disapprove, or defer action on the application. If the application is approved, the committee shall adopt an institutional work release plan for the applicant. The plan shall contain the elements required by this section and other conditions as the committee deems necessary and proper. The plan shall be signed by the inmate prior to participation in the program. Approval of a plan may be revoked at any time by the superintendent or the committee. 4. The department may contract with a judicial district department of correctional services for the housing and supervision of an inmate in local facilities as provided in section 904.904. The institutional work release plan shall indicate the place where the inmate is to be housed when not on work assignment. The plan shall not allow for placement of an inmate on work release for more than six months in any twelve-month period without unanimous committee approval to do so. However, an inmate may be temporarily released to the supervision of a responsible person to participate in family and selected community, religious, educational, social, civic, and recreational activities when the committee determines that the participation will directly facilitate the release of the inmate from the institution to the community. The department shall provide a copy of the work release plan and a copy of any restitution plan of payment to the judicial district department of correctional services housing and supervising the inmate. 5. An inmate employed in the community under an institutional work release plan approved pursuant to this section shall surrender the inmate's total earnings less payroll deductions required by law to the superintendent, or to the judicial district department of correctional services if it is housing or supervising the inmate. The superintendent or the judicial district department of correctional services shall deduct from the earnings in the priority established in section 904.905. 6. The department of corrections shall adopt rules for the implementation of this section.

         Section History: Recent Form

         91 Acts, ch 219, §13
         CS91, § 246.910
         C93, § 904.910
         Referred to in § 901B.1, 904.901

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