lam422
12-18-2003, 11:15 AM
wondering if any of you have any experience with or information on work release in iowa? please share anything you know with me! thanks!
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View Full Version : Tell me about work release... lam422 12-18-2003, 11:15 AM wondering if any of you have any experience with or information on work release in iowa? please share anything you know with me! thanks! lam422 12-18-2003, 11:37 AM found the following online: 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. Binky's Gal 12-18-2003, 12:43 PM hey evy here is some stuff : IOWA CODE ANNOTATED TITLE XVI. CRIMINAL LAW AND PROCEDURE SUBTITLE 3. CRIMINAL CORRECTIONS CHAPTER 904. DEPARTMENT OF CORRECTIONS DIVISION IX--WORK RELEASE 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. Binky's Gal 12-18-2003, 12:45 PM More: IOWA CODE ANNOTATED TITLE XVI. CRIMINAL LAW AND PROCEDURE SUBTITLE 3. CRIMINAL CORRECTIONS CHAPTER 904. DEPARTMENT OF CORRECTIONS DIVISION IX--WORK RELEASE 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. Binky's Gal 12-18-2003, 12:47 PM More: IOWA CODE ANNOTATED TITLE XVI. CRIMINAL LAW AND PROCEDURE SUBTITLE 3. CRIMINAL CORRECTIONS CHAPTER 906. PAROLES AND WORK RELEASE 906.4. Standards for release on parole or work release--community service-- academic achievement A parole or work release shall be ordered only for the best interest of society and the offender, not as an award of clemency. The board shall release on parole or work release any person whom it has the power to so release, when in its opinion there is reasonable probability that the person can be released without detriment to the community or to the person. A person's release is not a detriment to the community or the person if the person is able and willing to fulfill the obligations of a law-abiding citizen, in the board's determination. <Text of unnum. par. 2 effective until the appropriation of sufficient funds; see historical and statutory note, post> Notwithstanding section 13.10, the board may order the defendant to provide a physical specimen to be submitted for DNA profiling as a condition of parole or work release, if appropriate. In determining the appropriateness of ordering DNA profiling, the board shall consider the deterrent effect of DNA profiling, the likelihood of repeated offenses by the defendant, and the seriousness of the offense. <Text of unnum. par. 2 effective upon the appropriation of sufficient funds; see historical and statutory note, post> The board shall order the defendant to provide a physical specimen to be submitted for DNA profiling, as defined in section 80.40, as a condition of parole or work release, unless the defendant has previously provided a physical specimen for DNA profiling pursuant to section 901.5 or 902.13 and the DNA profile developed from the previously submitted specimen remains available for use. The board may establish as a condition of a person's parole or work release that the person perform a specified number of hours of unpaid community service. The board shall not make community service a uniform or mandatory requirement for all or substantially all parolees or work release inmates but shall exercise discretion in ordering community service as a condition of parole or work release. The board shall report to the general assembly on the implementation of community service as a condition of parole or work release. The report shall be submitted on or before January 1, 1991. The board may, effective July 1, 1997, subject to such exceptions as may be deemed necessary by the board, require each inmate who is physically and mentally capable to demonstrate functional literacy competence at or above the sixth grade level or make progress towards completion of the requirements for a high school equivalency diploma under chapter 259A prior to release of the inmate on parole or work release. Binky's Gal 12-18-2003, 12:48 PM More again: IOWA CODE ANNOTATED TITLE XVI. CRIMINAL LAW AND PROCEDURE SUBTITLE 3. CRIMINAL CORRECTIONS CHAPTER 904. DEPARTMENT OF CORRECTIONS DIVISION IX--WORK RELEASE 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. CREDIT(S) Transferred from § 246.903 by the Code Editor for Code 1993. Amended by Acts 1993 (75 G.A.) ch. 98, § 1. <General Materials (GM) - References, Annotations, or Tables> HISTORICAL AND STATUTORY NOTES 2003 Main Volume Derivation: Codes 1991, 1989, 1987, § 246.903. Codes 1985, 1983, 1981, 1979, 1977, 1975, 1973, 1971, § 246.903. Acts 1967 (62 G.A.) ch. 220, § 4. The 1993 amendment rewrote the section, which prior thereto read: "An inmate approved to participate in the work release program shall sign a work release agreement. The agreement shall include a statement that the inmate agrees to abide by all terms and conditions of the particular plan adopted for the inmate by the board of parole, shall state the name and address of the proposed employer, if any, and contain terms and conditions the board of parole deems necessary and proper. The plan shall be signed by the inmate prior to participation in the program. Approval may be revoked for any reason by a member of the board of parole at any time after being granted." Binky's Gal 12-18-2003, 12:49 PM and more again: IOWA CODE ANNOTATED TITLE XVI. CRIMINAL LAW AND PROCEDURE SUBTITLE 3. CRIMINAL CORRECTIONS CHAPTER 906. PAROLES AND WORK RELEASE 906.16. Parole or work release time applied 1. Except as otherwise provided in this section, the time when a prisoner is on parole or work release from the institution shall apply to the sentence against the parolee or work releasee. 2. If a parole revocation hearing is held, the administrative parole judge or the board of parole shall determine the amount of time on parole that shall apply to the sentence against the parolee. In making the determination, the administrative parole judge or the board of parole shall apply any time that has elapsed prior to the violation during which the parolee was in compliance with the terms of the person's parole. 3. If a work release is revoked, the board of parole shall determine the amount of time on work release that shall apply to the sentence against the work releasee. In making the determination, the board shall apply any time that has elapsed prior to the violation during which the work releasee was in compliance with the terms of the person's work release. 4. The time when a prisoner is absent from the institution by reason of an escape shall not apply upon the sentence against the prisoner. Binky's Gal 12-18-2003, 12:51 PM Still More LOL IOWA CODE ANNOTATED TITLE XVI. CRIMINAL LAW AND PROCEDURE SUBTITLE 3. CRIMINAL CORRECTIONS CHAPTER 906. PAROLES AND WORK RELEASE 906.1. Definition of parole and work release Parole is the release of a person who has been committed to the custody of the director of the Iowa department of corrections by reason of the person's commission of a public offense, which release occurs prior to the expiration of the person's term, is subject to supervision by the district department of correctional services, and is on conditions imposed by the district department. Work release is the release of a person, who has been committed to the custody of the director of the Iowa department of corrections, pursuant to sections 904.901 through 904.909. A person who has been released on parole or work release may be temporarily assigned to the supervision of the director of the department of corrections as a result of placement in a violator facility established pursuant to section 904.207. Binky's Gal 12-18-2003, 12:52 PM again: 356A.4. Work release A person detained, committed, or transferred to a facility established and maintained pursuant to sections 356A.1 or 356A.2, may further be released from such facility during necessary and reasonable hours, by court order, for the purposes stated in section 356.26. Such release and any wages earned shall be governed by the provisions of sections 356.27 to 356.35 except that during such time the released person shall not be in the legal custody of the sheriff; any wages earned shall be collected, managed, and dispensed by the person in charge of the facility and not the sheriff; and any wages earned shall first be applied to the reasonable cost of housing such person in the facility Binky's Gal 12-18-2003, 12:54 PM Ok, this is the last one- Hope some of this helps :) IOWA CODE ANNOTATED TITLE XVI. CRIMINAL LAW AND PROCEDURE SUBTITLE 3. CRIMINAL CORRECTIONS CHAPTER 904. DEPARTMENT OF CORRECTIONS DIVISION IX--WORK RELEASE 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. lam422 12-23-2003, 11:38 AM thanks, heather! i'm still waiting for a call from the work release center here...i want to see what papers they have with rules, etc. that they can send to me. when that happens, i'll post so everyone knows! |