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 thirty days of the end of a calendar quarter. If a voucher seeking payment is not made within thirty days of the end of the calendar quarter, the request shall 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.
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; 2012 Acts, ch 1030, §1
Referred to in §321J.2, 462A.14
Structure Iowa Code
Title XVI - CRIMINAL LAW AND PROCEDURE
Chapter 904 - DEPARTMENT OF CORRECTIONS
Section 904.101 - Definitions.
Section 904.102 - Department established — institutions.
Section 904.103 - Responsibilities of department.
Section 904.104 - Board created.
Section 904.105 - Board — duties.
Section 904.106 - Meetings — expenses.
Section 904.107 - Director — appointment and qualifications.
Section 904.108 - Director — duties, powers.
Section 904.109 - Powers of governor — report of abuses.
Section 904.110 - Official seal.
Section 904.111 - Chapter 28E agreements.
Section 904.112 - Institutional receipts.
Section 904.114 - Travel expenses.
Section 904.115 - Report by department.
Section 904.116 - Institutional appropriations and expenditures — legislative oversight.
Section 904.117 - Interstate compact fund.
Section 904.118 - Iowa corrections offender network — fund.
Section 904.118A - Central warehouse fund.
Section 904.119 - Private sector housing of inmates — prohibition.
Section 904.201 - Iowa medical and classification center.
Section 904.202 - Intake and classification center.
Section 904.207 - Violator facility.
Section 904.301 - Appointment of superintendents.
Section 904.302 - Farm operations administrator.
Section 904.303 - Officers and employees — compensation.
Section 904.303A - Training — fund.
Section 904.305 - Dwelling house or quarters.
Section 904.306 - Conferences.
Section 904.307 - Annual reports.
Section 904.308 - Cooperation.
Section 904.309 - Consultants.
Section 904.310A - Information or materials — distribution.
Section 904.311 - Contingent fund — inmate tort claim fund.
Section 904.311A - Prison recycling funds.
Section 904.312 - Purchase of supplies.
Section 904.312A - Motor vehicles.
Section 904.312B - Purchase of biobased hydraulic fluids, greases, and other industrial lubricants.
Section 904.312C - Purchase of designated biobased products.
Section 904.313 - Emergency purchases.
Section 904.314 - Plans and specifications for improvements.
Section 904.315 - Contracts for improvements.
Section 904.316 - Payment for improvements.
Section 904.317 - Director may buy and sell real estate — options.
Section 904.318 - Fire protection contracts.
Section 904.319 - Temporary quarters in emergency.
Section 904.320 - Private transportation of prisoners.
Section 904.321 - Department of corrections survivor benefits fund.
Section 904.401 - Investigation.
Section 904.402 - Investigation of other institutions.
Section 904.403 - Investigatory powers — witnesses.
Section 904.405 - Recording of testimony.
Section 904.501 - Reports to director.
Section 904.502 - Questionable commitment.
Section 904.503 - Transfers — persons with mental illness.
Section 904.504 - Federal prisoners.
Section 904.505 - Disciplinary procedures — use of force.
Section 904.506 - Confiscation of currency.
Section 904.507A - Liability for escapee expenses.
Section 904.508 - Property of inmate — inmate savings fund.
Section 904.508A - Inmate telephone fund.
Section 904.509 - Money deposited with treasurer of state.
Section 904.510 - Religious preference.
Section 904.511 - Time for religion.
Section 904.513 - Assignment of OWI violators to treatment facilities.
Section 904.514 - Required test.
Section 904.515 - Human immunodeficiency virus-related matters — exemption.
Section 904.516 - Academic achievement of inmates — literacy and high school equivalency programs.
Section 904.601 - Records of inmates.
Section 904.602 - Confidentiality of records — penalty.
Section 904.603 - Action for damages.
Section 904.701 - Services required — gratuitous allowances — hard labor — rules.
Section 904.702 - Deductions from inmate accounts.
Section 904.703 - Services of inmates — institutions and public service — inmate labor fund.
Section 904.704 - Limitation on contracts.
Section 904.705 - Industries — forestry nurseries.
Section 904.706 - Revolving farm fund.
Section 904.707 - Apprenticeship programs — limitations.
Section 904.801 - Statement of intent.
Section 904.802 - Definitions.
Section 904.803 - Prison industries advisory board.
Section 904.804 - Duties of industries board.
Section 904.805 - Duties of state director.
Section 904.806 - Authority of state director not impaired.
Section 904.807 - Price lists to public officials.
Section 904.808 - State purchasing requirements — exceptions.
Section 904.809 - Private industry employment of inmates of correctional institutions.
Section 904.812 - Restriction on goods made available.
Section 904.813 - Industries revolving fund — uses.
Section 904.814 - Inmate allowance supplement revolving fund.
Section 904.815 - Sale of products.
Section 904.901 - Work release program.
Section 904.902 - Work release — persons serving mandatory minimum sentence.
Section 904.903 - Agreement by inmate.
Section 904.904 - Housing facilities — halfway houses.
Section 904.905 - Surrender of earnings.
Section 904.906 - Status of inmates on work release.