chapter 1
ORGANIZATION AND GENERAL ADMINISTRATION
[Prior to 2/22/89,
Parole, Board of[615] Chs 1
and 2]
IAC 6/23/04
205—1.1(904A) Board
description.
1.1(1) The board of parole is established by Iowa Code chapter 904A and
consists of five members, including a chairperson.
1.1(2) Board members are appointed by the governor for staggered terms of four
years and are subject to confirmation by the senate.
1.1(3) The board is responsible directly to the governor and is attached to the
department of corrections for the purpose of receiving routine administrative
and support services.
1.1(4) The board chairperson is appointed by the governor and serves at the
pleasure of the governor.
1.1(5) Vacancies in the board are filled in the same manner as regular
appointments. Appointees who fill vacancies serve for the balance of the
term.
1.1(6) As used in the rules of the Iowa board of parole, the term “board” shall mean the Iowa board of parole.
205—1.2(904A) Board
responsibilities. The statutory
responsibilities of the board are:
1.2(1) Reviewing and interviewing inmates for parole or work release, and
granting parole or work release.
1.2(2) Interviewing inmates according to board of parole administrative rules.
1.2(3) Gathering and reviewing information regarding new parole and work
release programs being instituted or considered nationwide, and determining
which programs may be useful to Iowa. Reviewing the current parole and work release
programs and procedures used in Iowa on an annual basis.
1.2(4) Increasing the utilization of data processing and computerization to
assist in the orderly conduct of the parole and work release system.
1.2(5) Conducting such studies of the parole and work release system as the
governor and general assembly shall request.
1.2(6) Providing, to public and private entities, technical assistance and
counseling related to the board’s purposes.
1.2(7) Reviewing and
making recommendations to the governor regarding all applications for reprieve,
pardon, commutation of sentence, remission of a fine or forfeiture, and
restoration of citizenship rights.
1.2(8) Maintaining a risk assessment program which shall provide risk analysis
for the board.
205—1.3(904A) Business
location and hours. The board’s
business office address is Holmes Murphy Building, 420 Watson Powell Jr. Way, Des
Moines, Iowa
50309, telephone (515)242–5757. Business hours are 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.
205—1.4(904A) Board
meetings.
1.4(1) The board may conduct the following meetings:
a. Business meeting. The board may meet each month to consider rules,
procedure and other matters.
b. Public hearing. The board may conduct a public hearing to
solicit input and comment on parole and work release procedures.
c. Board session. The board shall be in session each month at any
location designated by the chairperson. A board session may include:
(1) Parole and work
release case reviews;
(2) Parole and work
release interviews;
(3) Parole rescission
hearings;
(4) Parole discharge
reviews;
(5) Executive
clemency reviews.
1.4(2) Quorum.
a. A
majority of the members of the board constitutes a quorum except as provided
herein.
b. The
chairperson shall designate panels composed of at least three board members to
conduct board sessions except as provided herein.
1.4(3) Majority vote. All questions shall be decided by a majority vote
of the members except as provided herein.
1.4(4) Parliamentary authority. Robert’s Rules of Order, current edition,
shall govern the conduct of all business meetings of the board except as provided
herein.
1.4(5) Minutes. The board shall keep copies of the minutes of board
meetings on file at the business office. The list of individuals
considered by the board for action shall constitute the minutes of a board
session.
1.4(6) Public notice and agenda. The board shall establish the date,
time, and location of all meetings. The board shall give public notice of
all meetings pursuant to Iowa Code chapter 21. The board shall mail
copies of, or provide by electronic means, notices of public meetings and
tentative agenda to news media that have so requested. When it is
determined that an emergency meeting is required, the board shall notify the
news media as soon as the need for an emergency meeting has been decided.
The nature of the emergency shall be stated in the minutes.
1.4(7) Public access to meetings. Members of the public have access to
board meetings as provided in Iowa Code chapter 21. Persons wishing to
appear before the board shall submit their requests to the business office not
less than three days prior to the business meeting. Members of the public
wishing to attend board meetings conducted in department of corrections penal
institutions should consult, in advance, department of corrections
administrative rules relating to visitation and public access.
1.4(8) Electronic meetings. The board may conduct a meeting by electronic
means as provided in Iowa Code section 21.8.
These rules are intended to
implement Iowa Code chapter 904A.
[Filed 7/26/76, Notice 1/26/76—published
8/9/76, effective 9/13/76]
[Filed 2/7/79, Notices 10/4/78, 11/1/78—published
3/7/79, effective 4/11/79]
[Filed 11/17/81, Notice 8/5/81—published
12/9/81, effective 1/14/82]
[Filed 2/6/89, Notice 12/28/88—published 2/22/89, effective 3/29/89]
[Filed 5/14/99, Notice 3/24/99—published
6/2/99, effective 7/7/99]
[Filed 6/4/04, Notice 4/28/04—published
6/23/04, effective 7/28/04]
IAC 6/23/04
chapter 4
DECLARATORY orders
IAC 6/23/04
The board of parole hereby
adopts the declaratory orders segment of the Uniform Rules on Agency Procedure
which are printed in the first volume of the Iowa Administrative Code with the
following amendments:
205—4.1(17A) Petition
for declaratory order. In lieu
of the words “(designate agency)”, the text should read “board of
parole”. In lieu of the words “(designate office)”, the text should read
“Board of Parole, Holmes Murphy Building, 420
Watson Powell Jr. Way, Des Moines, Iowa 50309”.
In lieu of the words “(AGENCY
NAME)”, the heading on the petition form should read “BEFORE THE BOARD OF
PAROLE OF THE STATE OF IOWA”.
205—4.2(17A) Notice of
petition. In lieu of the words
“(designate agency)”, the text should read “board of parole”.
205—4.3(17A) Intervention.
4.3(1) In lieu of the word “days”, the text should read “20 days”.
4.3(2) In lieu of the words “(designate agency)”, the text should read “the
board of parole”.
4.3(3) In lieu of the words “(designate office)”, the text should read “Board
of Parole, Holmes Murphy Building, 420 Watson Powell Jr. Way, Des
Moines, Iowa
50309”. In lieu of the words “(designate agency)”, the
text should read “board of parole”. In lieu of the words “(AGENCY NAME)”,
the text should read “BEFORE THE BOARD OF PAROLE OF THE STATE OF IOWA”.
205—4.4(17A) Briefs. In lieu of the words “(designate agency)”, the
text should read “board of parole”.
205—4.5(17A) Inquiries. In lieu of the words “(designate official by
full title and address)”, the text should read “the Executive Director of the
Board of Parole, Holmes Murphy Building, 420
Watson Powell Jr. Way, Des Moines, Iowa 50309”.
205—4.6(17A) Service and
filing of petitions and other papers.
4.6(2) Filing—when required. In lieu
of the words “(specify office and address)”, the text should read “Board of
Parole, Holmes Murphy Building, 420
Watson Powell Jr. Way, Des Moines, Iowa 50309”. In lieu of the words “(agency name)”, the text
should read “board of parole”.
4.6(3) Method of service, time of filing, and proof of mailing. Method
of service, time of filing and proof of mailing shall be as provided in the
contested cases segment of the Uniform Rules on Agency Procedure.
205—4.7(17A) Consideration. In lieu of the words “(designate agency)”, the
text should read “board of parole”.
205—4.8(17A) Action on
petition.
4.8(1) In lieu of the words “(designate agency head)”, the text should read
“chairperson of the board of parole”.
4.8(2) The date of issuance of an order or of a refusal to issue an order is as
defined in the contested cases segment of the Uniform Rules on Agency
Procedure.
205—4.9(17A) Refusal to
issue order. In lieu of the
words “(designate agency)”, the text should read “board of parole”.
205—4.12(17A) Effect of
a declaratory order. In lieu of
the words “(designate agency)”, the text should read “board of parole”.
These rules are intended to
implement Iowa Code chapter 17A.
[Filed 2/6/89, Notice 12/28/88—published 2/22/89, effective 3/29/89]
[Filed 5/14/99, Notice 3/24/99—published
6/2/99, effective 7/7/99]
[Filed 6/4/04, Notice 4/28/04—published
6/23/04, effective 7/28/04]
IAC 6/23/04
chapter 5
FAIR INFORMATION PRACTICES
[Prior to 2/22/89,
Parole, Board of[615] Ch 14; see also 205—Ch 6]
IAC 6/23/04
The board of parole hereby
adopts, with the following exceptions and amendments, the Uniform Rules on
Agency Procedure relating to fair information practices which are printed in
the first volume of the Iowa Administrative Code.
205—5.1(17A,22)
Definitions. As used in this
chapter:
“Agency” means the board of
parole.
“Confidential records” means
records, as defined under Iowa Code sections 22.7, 22.8, 904.601, 904.602 and
904.603, which are not disclosed to members of the public except by court
order. This includes records which the board is prohibited by law from
making available for inspection by members of the public and those exempt
records which the board has determined not to disclose to members of the
public.
“Open records” means those
records which are not authorized or required to be kept confidential under Iowa
Code section 22.7, 22.8, 904.601, or 904.602 or any other provision of the law.
205—5.2(17A,22)
Statement of policy. The purpose
of this chapter is to facilitate broad public access to open records. It
also seeks to facilitate sound agency determinations with respect to the
handling of confidential records and the implementation of the fair information
practices Act. This agency is committed to the policies set forth in Iowa
Code chapter 22. Agency staff shall cooperate with members of the public
in implementing the provisions of that chapter.
205—5.3(17A,22) Requests
for access to records.
5.3(1) Location of record. A
request for access to a record should be directed to the office where the
record is kept. Records of current inmates, work releasees
and parolees are maintained in the office of the Board of Parole, Holmes Murphy Building, 420 Watson Powell Jr. Way, Des
Moines, Iowa
50309, telephone (515)242–5757.
5.3(2) Office hours.
Open records shall be made
available during all customary office hours, which are 8 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays.
5.3(3) Request for access. Requests
for access to records may be made in writing, in person, or by telephone if the
request is for open record information. Requests shall identify the
particular records sought by name or description in order to facilitate the
location of the record. Mail requests shall include the name, address and
telephone number of the person requesting the information. A person shall
not be required to give a reason for requesting an open record.
5.3(4) Response to requests. The
custodian is authorized to grant or deny access to the record according to the
provisions of Iowa Code chapter 22, Iowa Code sections 904.601, 904.602, and
904.603 and this chapter. The decision to grant or deny access may be delegated
to one or more designated employees. Unless the size or nature of the
request requires time for compliance, the agency shall comply with the request
as soon as practicable. However, access to such a record may be delayed
for one of the purposes authorized by Iowa Code section 22.8(4) or 22.10(4) or
for good cause. The agency shall promptly inform the requester of the
reason for the delay. A request to review a confidential record shall be
in writing and shall enumerate the specific grounds justifying access to the
confidential record and shall provide any proof necessary to establish relevant
facts prior to receiving access to the record.
5.3(7) Fees.
c. Supervisory fee. An hourly fee may be charged for actual agency
expenses in supervising the examination and copying of requested records when
the supervision time required is in excess of five minutes. That hourly
fee shall not be in excess of the hourly wage of an agency employee who
ordinarily would be appropriate and suitable to perform this supervisory
function.
205—5.5(17A,22) Requests
for treatment of a record as a confidential record and its withholding from
examination.
5.5(5) Request granted or deferred. If a
request for confidential record treatment is granted, or if action on such a
request is deferred, a copy of the record from which the matter in question has
been deleted and a copy of the decision to grant the request or to defer action
upon the request will be placed in the agency’s public file in lieu of the
original record. If the agency subsequently receives a request for access
to the original record, the agency will make reasonable and timely efforts to
notify any person who has filed a request for its treatment as a confidential
record.
205—5.6(17A,22)
Procedure by which additions, dissents or objections may be entered into
certain records. Except as otherwise provided by law, a person may file a request
with the custodian to review, and to have a written statement of additions,
dissents, or objections entered into, a record containing personally
identifiable information pertaining to that person. However, this
does not authorize a person who is the subject of such a record to alter the
original copy of that record or to expand the official record of any agency
proceeding. Requester shall send the request to review such a record or
the written statement of additions, dissents, or objections to the custodian or
to the Board of Parole, Holmes Murphy Building, 420
Watson Powell Jr. Way, Des Moines, Iowa 50309. The request to review such a record or the
written statement of such a record of additions, dissents, or objections must
be dated and signed by the requester, and shall include the current address and
telephone number of the requester or the requester’s representative.
205—5.7(17A,22)
Consensual disclosure of confidential records.
5.7(1) Consent to disclose by a subject individual. To the extent allowed
by law, the subject may consent in writing to agency disclosure of confidential
records as provided in rule 5.4(17A,22).
5.7(2) Complaints to public officials. A letter from a subject of a
confidential record to a public official which seeks the official’s
intervention on behalf of the subject in a matter that involves the agency may,
to the extent permitted by law, be treated as an authorization to release
sufficient information about the subject to the official to resolve the matter.
5.7(3) Obtaining information from a third party. The board is required to
obtain information to assist in making decisions regarding classification,
programming, security and administrative management. Requests to third
parties for this information may involve the release of confidential
information about individuals. Except as provided by
law, the board may make these requests only when the individual has authorized
the release.
205—5.9(17A,22) Routine
use. To the extent allowed by
law, the following uses are considered routine uses of all agency records:
5.9(1) Disclosure to those officers, employees, and agents of the agency who
have a need for the record in the performance of their duties. The
custodian of the record may, upon request of any officer or employee, or on the
custodian’s own initiative, determine what constitutes legitimate need to use
confidential records.
5.9(2) Disclosure of information indicating an apparent violation of the law to
appropriate law enforcement authorities for investigation and possible criminal
prosecution, civil court action, or regulatory order.
IAC 6/23/04
5.9(3) Disclosure to the department of inspections and appeals for matters in
which it is performing services or functions on behalf of the agency.
5.9(4) Transfers of information within the agency, to other state agencies, or
to units of local government as appropriate to administer the program for which
the information is collected.
5.9(5) Information released to staff of federal and state entities for audit
purposes or for purposes of determining whether the agency is operating a
program lawfully.
5.9(6) Any disclosure specifically authorized by the statute under which the
record was collected or maintained.
205—5.10(17A,22)
Disclosures without the consent of the subject.
5.10(1) Open records are routinely disclosed without the
consent of the subject.
5.10(2) To the extent allowed by law, disclosure of
confidential records may occur without the consent of the subject.
Following are instances when disclosure, if lawful, will generally occur
without notice to the subject:
a.
For a routine use as permitted by law
and in the particular record system.
b. To a
recipient who has provided the agency with advance written assurance that the
record will be used solely as a statistical research or reporting record,
provided that the record is transferred in a form that does not identify the
subject.
c. To
another government agency or to an instrumentality of any governmental
jurisdiction within or under the control of the United States for a civil or
criminal law enforcement activity if the activity is authorized by law, and if
the head of such government agency or instrumentality has submitted a written
request to the agency specifying the record desired and the law enforcement
activity for which the record is sought.
d. To
an individual pursuant to a showing of compelling circumstances affecting the
health or safety of any individual if a notice of the disclosure is transmitted
to the last–known address of the subject.
e.
To the legislative services agency
under Iowa Code Supplement section 2A.3.
f. Disclosures
in the course of employee disciplinary proceedings.
g.
In response to a court order or
subpoena.
205—5.11(17A,22) Release
to subject.
5.11(1) The subject of a confidential record may file a written
request to review confidential rec–ords about that person. However, the board need not
release the following records to the subject:
a. The
identity of a person providing information to the agency need not be disclosed
directly or indirectly to the subject of the information when the information
is authorized to be held confidential pursuant to Iowa Code sections 22.7(18)
and 904.602.
b. Records
need not be disclosed to the subject when they are the work product of an
attorney or are otherwise privileged.
c. Peace
officers’ investigative reports may be withheld from the subject, except as
required by the Iowa Code.
d. As
otherwise authorized by law.
5.11(2) When a record has multiple subjects with interest in
the confidentiality of the record, the board may take reasonable steps to
protect confidential information relating to another subject.
IAC 6/23/04
205—5.12(17A,22)
Availability of records.
5.12(1) Open records.
Board records are open for
public inspection and copying unless otherwise prohibited by current rule or
law.
5.12(2) Confidential records. The
following records may be kept confidential. Records are listed by
category, according to the legal basis for withholding them from public
inspection.
a. Sealed
bids received prior to the time set for public opening of bids; (Iowa Code
section 72.3)
b. Tax
records made available to the agency; (Iowa Code sections 422.17, 422.20)
c. Minutes
of closed meetings of a governmental body; (Iowa Code section 21.5(4))
d. Identifying
details in final orders, decisions and opinions to the extent required to
prevent a clearly unwarranted invasion of personal privacy or trade secrets
under Iowa Code section 17A.3(1)(d);
e. Those
portions of agency staff manuals, instructions, or other statements issued
which set forth criteria or guidelines to be used by agency staff in auditing,
in making inspections, in settling commercial disputes or negotiating
commercial arrangements, or in the selection or handling of cases, such as
operational tactics or allowable tolerance or criteria for the defense,
prosecution or settlement of cases, when disclosure of these statements would:
(1) Enable law
violators to avoid detection;
(2) Facilitate
disregard of requirements imposed by law; or
(3) Give a clearly
improper advantage to persons who are in an adverse position to the agency;
(Iowa Code section 22.7)
f. Records
which constitute attorney work product, or attorney–client communications, or
which are otherwise privileged. Attorney work product is confidential
under Iowa Code sections 22.7(4), 622.10 and 622.11, Iowa Rule of Civil
Procedure 1.503(3), Federal Rule of Civil Procedure 26(b)(3), and case
law. Attorney–client communications are confidential under Iowa Code
sections 622.10 and 622.11, the rules of evidence, the Code of Professional
Responsibility and case law;
g. Other
records made confidential by law.
205—5.13(17A,22)
Personally identifiable information.
5.13(1) This rule describes the nature and extent of personally
identifiable information which is collected, maintained and retrieved by the
agency by personal identifier in record systems as defined in this rule.
For each record system, this rule:
a. Describes
the legal authority for the collection of that information and the means of
storage of that information; and
b. Indicates
whether a data processing system matches, collates, or permits the comparison
of personally identifiable information in one record system with personally
identifiable information in another record system.
5.13(2) Litigation files. These files or records contain
information regarding litigation or anticipated litigation, which includes
judicial and administrative proceedings. The records include briefs,
depositions, docket sheets, documents, correspondence, attorney notes,
memoranda, research materials, witness information,
investigation materials, information compiled under the direction of the
attorney and case management records. The files contain materials which
are confidential as attorney work product and attorney–client
communications. Some materials are confidential under other applicable
provisions of law or because of a court order. Persons wishing copies of
pleadings and other documents filed in litigation should obtain these from the
clerk of the appropriate court which maintains the official copy.
IAC 6/23/04
5.13(3) Personnel files. The agency maintains files
containing information about employees, families and dependents, and applicants
for positions with the agency. The files include payroll records,
biographical information, medical information relating to disability,
performance reviews and evaluations, disciplinary information, and tax
withholding information concerning the employer–employee relationship.
Some of this information is confidential under Iowa Code section 22.7(11).
205—5.14(17A,22) Other
groups of records available for public inspection—policies and procedures
(excluding security), meeting minutes.
This rule describes groups of records maintained by the board other than record
systems as previously defined. These records are routinely available to
the public. However, the board’s file of these records may contain
confidential information, as discussed in rule 5.12(17A,22).
The following records are stored both as hard copy and in automated data
processing systems unless otherwise noted.
5.14(1) Rule–making records. Rule–making
records may contain information about individuals making written or oral
comments on proposed rules. This information is collected pursuant to
Iowa Code section 17A.4.
5.14(2) Board meeting records. Agendas,
minutes and materials presented to the board are available from the office of
the director, except those records concerning closed sessions which are exempt
from disclosure under Iowa Code section 21.5(4) or which are otherwise
confidential by law. Board meeting records contain information about
people who participate in meetings. The information is collected pursuant
to Iowa Code section 21.3. This information is not retrieved by
individual identifier.
5.14(3) Publications.
News releases, annual reports,
project reports, board newsletters, and related documents are available from
the board office. Board news releases, project reports, and newsletters
may contain information about individuals, including board staff or members of
the board councils or committees. This information is not retrieved by
individual identifier.
5.14(4) Statistical reports. Periodic
reports of the board for various board programs are available from the board
office. Statistical reports do not contain personally identifiable
information.
5.14(5) Grants. Records on persons receiving grants for various
projects or programs are available through the office of the executive
director. These records may contain information about employees or a
grantee. This information is not retrieved by individual identifier and
is not stored on an automated data processing system. The information is
collected under the authority of Iowa Code chapter 904.
5.14(6) Published materials. The
board uses many legal and technical publications in its work. The public
may inspect these publications upon request. Some of these materials may
be protected by copyright law. These records are hard copy only.
5.14(7) Policy manuals. The board employees’
manual, containing procedures describing the board’s regulations and practices,
is available. Subscriptions to all or part of the employees’ manual are
available at the cost of production and handling. Requests for
subscription information should be addressed to the board office. Policy
manuals do not contain information about individuals.
5.14(8) Other records. All other records that
are not exempt from disclosure by law are available from the board office.
205—5.15(17A,22)
Applicability. This chapter does
not:
5.15(1) Require the agency to index or retrieve records which
contain information about an individual by that person’s name or other personal
identifier.
5.15(2) Make available to the general public records which
would otherwise not be available under the public records law, Iowa Code
chapter 22.
5.15(3) Govern the maintenance or disclosure of, notification
of, or access to records in the possession of the agency which are governed by
the regulations of another agency.
IAC 6/23/04
5.15(4) Apply to grantees, including local governments or
subdivisions thereof, administering state–funded programs, unless otherwise
provided by law or agreement.
5.15(5) Make available records compiled by the agency in
reasonable anticipation of court litigation or formal administrative
proceedings. The availability of such records to the general public or to
any subject individual or party to such litigation or proceedings shall be
governed by applicable legal and constitutional principles, rules of discovery,
evidentiary privileges and applicable regulations of the agency.
These rules are intended to
implement Iowa Code section 22.11 and chapter 17A.
[Filed without Notice 5/27/88—published 6/15/88, effective 7/20/88]
[Filed 2/6/89, Notice 12/28/88—published 2/22/89, effective 3/29/89]
[Filed 5/14/99, Notice 3/24/99—published
6/2/99, effective 7/7/99]
[Filed 6/4/04, Notice 4/28/04—published
6/23/04, effective 7/28/04]
IAC 6/23/04
chapter 6
PUBLIC COMMUNICATIONS AND RECORDS
IAC 6/23/04
205—6.1(22) General. The public may obtain information or make
submissions to the board through the business office.
205—6.2(22) Communications
from persons other than victims.
6.2(1) Written communication preferred. The
board requests that all communications by a person other than a victim, as
defined in rule 205—7.1(915), concerning an inmate, parolee, or work releasee be in writing so that the communication may
readily be made a permanent part of the case file. Oral communications
concerning an inmate, parolee, or work releasee by a
person other than a victim will be heard only with the consent of the board.
6.2(2) Disclosure to inmate. The
board shall place a written communication concerning an inmate, parolee, or
work releasee in the case file. The board shall
inform an inmate, parolee, or work releasee when a
communication adverse to the inmate, parolee, or work releasee
will be considered in making a parole or work release decision and shall
disclose to the inmate, parolee, or work releasee the
substance of any opinion regarding the inmate’s, parolee’s or work releasee’s status unless withholding the information is
requested by the person providing the statement or oral communication and the
board determines that the release of the information would endanger the public
safety.
205—6.3(22) Examination
of board records.
6.3(1) General. The public may examine and copy board public
records pursuant to Iowa Code chapter 22 at the board’s business office.
An individual wishing to examine or copy a record must schedule an appointment
with the board’s business office a minimum of three working days prior to the
date on which the individual will review the information in question. When
making the appointment, the requesting party shall specifically indicate the
information desired. Complete inmate files will not be released except by
court order. When photocopies of documents or copies of audiotapes or
videotapes are provided, the board may require the requester to pay the cost of
the copies plus a reasonable charge for copying. These charges are to be
determined by the lawful custodian. The board may refer anyone requesting
information which has been generated by a source outside the board to the
agency or individual which generated the information.
6.3(2) Lawful custodian. The board shall
designate the chairperson or the chairperson’s designee as the lawful custodian
of the records who shall be responsible for implementing the board’s rules
regarding disclosure of public records and coordination of staff in this regard
and generally ensuring compliance by the staff with public records disclosure
requirements.
205—6.4(904) Disclosure
of information regarding inmates and parolees.
6.4(1) Public information. The following information
regarding individuals receiving services from the department of corrections or
a district department is public information and may be disclosed by the board
to anyone who requests the information, except that information shall be
limited to the offense for which an individual was last convicted:
a. Name.
b. Age
and date of birth.
c. Sex.
d. Status
(for example, 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, except medical, psychiatric, psychological, substance
abuse, gambling and sex offender treatment information.
l. Disciplinary
reports and decisions which have been referred to the county attorney or
prosecutor for prosecution, and the following information from 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.
m. Inmate
risk assessment score.
6.4(2) Confidential information regarding inmates and parolees. The
following information regarding individuals receiving services from the
department of corrections or a district department is confidential information
and shall not be disclosed to the public:
a. Home
street address of the individual receiving services or of that individual’s
family.
b.
Department evaluations.
c. Medical,
psychiatric, psychological, substance abuse treatment, gambling and sex
offender treatment information.
d. Names
of associates or accomplices.
e. Name
of employer.
f. Social
security number.
g. Prior
criminal history including information on offenses when no conviction occurred.
h. Family
and personal history.
i.
Financial information.
j.
Information from disciplinary reports
and investigations other than that identified in subrule
6.4(1).
k. Investigations
by the department of corrections or other agencies which are contained in the
individual’s file.
l. Department
of corrections committee records containing confidential information.
m. Presentence
investigations as provided under Iowa Code chapter 901.
n. Pretrial
information that is not otherwise available in public court records or
proceedings.
o. Correspondence
of a personal or confidential nature as determined by the board or the department
directed to the board or the department of corrections from an individual’s
family, victims, or employers.
p. Communications
to the board by members of the public other than public officials to the extent
that the board believes that those members of the public would be discouraged
from making the communications if the communications were available for general
public examination.
q. Victim
registrations pursuant to 205—Chapter 7. A record containing information
which is both public and confidential which is reasonably segregable
shall not be confidential after deletion of the confidential information.
IAC 6/23/04
6.4(3) The board may disclose confidential information described in subrule 6.4(2) as follows:
a. The
board may release statistical information which does not identify particular
individuals.
b. The
board may disclose information to the department of corrections; district
departments; public officials for use in connection with their duties relating
to law enforcement, audits, and other purposes directly connected with the
administration of their programs; and public and private agencies providing
services to individuals. Those receiving information shall be subject to
the same standards as the board in dissemination and redissemination
of information.
c. The
board may disclose information when necessary for civil or criminal court
proceedings pursuant to court order. The board may seek to have the court
limit disclosure of confidential information.
d. The
board shall give a supervised individual or former supervised individual access
to the i
