Iowa Admin. Code r. 205-8.2

Current through Register Vol. 46, No. 24, May 15, 2024

Rule 205-8.2 - Parole and work release eligibility

(1)Mandatory sentences. The board shall not grant parole to an inmate serving a mandatory minimum sentence. The board shall not grant work release to an inmate serving a mandatory minimum sentence unless the inmate is within six months of completing the mandatory minimum portion of the sentence. A parole or work release granted contrary to this rule shall be rescinded. Mandatory sentences are as follows:

a. A life sentence imposed for conviction of a class "A" felony pursuant to Iowa Code section 902.1, except for a life sentence that expressly includes parole eligibility;

b. A mandatory minimum sentence imposed for use of a dangerous weapon pursuant to Iowa Code section 902.7;

c. A mandatory minimum sentence imposed for violation of uniform controlled substance provisions pursuant to Iowa Code section 124.406 or 124.413;

d. A mandatory minimum sentence imposed for being a habitual offender pursuant to Iowa Code section 902.8;

e. A mandatory minimum sentence imposed for a prior forcible felony pursuant to Iowa Code section 902.11;

f. A mandatory minimum sentence imposed for conspiring to manufacture, or delivery of, amphetamine or methamphetamine to a minor pursuant to Iowa Code section 902.8A;

g. A mandatory minimum sentence imposed for offenses specified in Iowa Code section 902.12;

h. Any other mandatory minimum sentence prescribed by statute that is not specifically stated above.

(2)Release to residential facility first. A person on parole or work release who is serving a sentence under Iowa Code section 902.12 shall begin parole or work release in a residential facility operated by a judicial district department of correctional services.

(3)Parole to detainer. The board may grant parole to an inmate against whom a detainer has been placed by another jurisdiction. A person paroled who has a detainer lodged against the person under the provisions of Iowa Code chapter 821 may be paroled directly to the receiving state rather than to a residential facility operated by a judicial district department of correctional services.

(4)Parole to other states. The board may grant parole to another state pursuant to the provisions of the interstate compact for adult offender supervision set forth in Iowa Code chapter 907B.

Iowa Admin. Code r. 205-8.2

Amended by IAB August 30, 2017/Volume XL, Number 5, effective 10/4/2017

Amended by IAB April 5, 2023/Volume XLV, Number 20, effective 5/10/2023