Iowa Admin. Code r. 205-13.6

Current through Register Vol. 47, No.14, January 8, 2025

Rule 205-13.6 - [Effective until 1/15/2025] Commutation procedure for class "A" felons

(1)Initial review. The board, or its designee, will initially review an application for commutation to determine whether the inmate is eligible to apply for commutation pursuant to Iowa Code section 902.2. If the inmate is not eligible to apply for commutation, the board shall return the application to the applicant.

(2)Parole board commutation investigation process.

a. If the applicant is eligible to apply for commutation, the board shall conduct an investigation pursuant to subrule 13.6(2).

b. The board may consider any documents the board deems appropriate including, but not limited to, the application and attached documents, transcripts of judicial proceedings, corrections information, and written recommendations, statements, and interviews of the offender, public officials, victims, and witnesses.

c. The board shall interview the applicant prior to submitting its recommendation to the governor. The board may interview any other person the board deems appropriate including, but not limited to, public officials, victims, and witnesses.

d. The board shall attempt to provide notice of the commutation interview to any individual who would qualify as a victim under Iowa's victim notification law. Notice shall be by regular mail to the last-known address or by electronic mail. The notice shall provide a specified amount of time for the victim to provide a statement to the board regarding the application for commutation.

e. The board may hold a public hearing to receive comments from the general public on an application for commutation. The determination to hold a public hearing to receive public comments is solely at the discretion of the board.

(3)Recommendation and report.

a. Any decision to recommend commutation for a class "A" felon shall be by unanimous vote. The board may continue the matter until such time as the board may determine by majority vote.

b. The board may consider any factor it deems appropriate when considering commutation including, but not limited to, the nature and circumstances of the crime, the number of years the applicant has served, the applicant's previous criminal record, the applicant's conduct while confined, the impact on the victim, and the public interest.

c. The board shall prepare a written report of its findings and recommendations and forward its report to the governor.

d. In making such a recommendation, the board shall also indicate the existence of any registered victims and communicate any opinions expressed by those victims regarding release of the inmate.

(4)Board consideration following commutation. The board shall consider the parole and work release prospects of any inmate whose life sentence has been commuted by the governor. The grant of commutation does not require the board to grant parole or work release. The board shall consider parole or work release pursuant to the standards in 205-Chapter 8.

Iowa Admin. Code r. 205-13.6

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