Iowa Admin. Code r. 205-8.9

Current through Regsiter Vol. 46, No. 26, June 12, 2024

Rule 205-8.9 - Information disclosure to inmate

The board shall normally consider only information that has been reviewed by the inmate, except when the board deems such review not feasible. The information shall be considered only if the following safeguards are followed:

(1) The staff of the department of corrections shall discuss the information with the inmate and disclose to the inmate any factual allegations if the disclosure can be done in a manner that protects confidential sources.

Factual allegations shall include but not be limited to:

a. Any statements attributed to the inmate;

b. Any allegations of criminal or antisocial behavior with or without court conviction from within or without the institution;

c. Any allegations of threats made by the inmate;

d. Any allegations of drug addiction or alcoholism;

e. Any allegations regarding family history, employment or education;

f. Disciplinary record at the institution.

(2) If any information from outside institutions under the supervision of the department of corrections is to be considered by the board, and it is necessary to protect the source, the inmate shall be informed of at least the following:

a. The general substance of the information;

b. The number of communications;

c. The type of communications.

The inmate shall be given the opportunity to respond to information.

(3) The inmate's reports from institutions under the supervision of the department of corrections, including reception reports, progress reports, medical reports, and social information or reports, should, to the extent possible, be structured so as to separate opinion from factual information. The factual information shall be made available for review by the inmate; opinion information shall be confidential. Psychiatric or psychological test results or diagnoses may be deemed confidential.

Iowa Admin. Code r. 205-8.9

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