Iowa Admin. Code r. 205-6.4

Current through Register Vol. 47, No. 6, September 18, 2024
Rule 205-6.4 - Disclosure of information regarding inmates and parolees
(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, and substance abuse 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.
(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, and substance abuse 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.
(3)Exceptions. 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 individual's own records in the custody of the board, except for those records that could result in physical or psychological harm to the individual or others, and disciplinary reports. Upon written authorization by a supervised individual or former supervised individual, the board may release information to any party included in the written release. This information is restricted to that which the individual can obtain.

Iowa Admin. Code r. 205-6.4

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