901B.1 Corrections continuum — intermediate criminal sanctions program. 1. The corrections continuum consists of the following:a. LEVEL ONE. Noncommunity-based corrections sanctions including the following:(1) Self-monitored sanctions. Self-monitored sanctions which are not monitored for compliance including, but not limited to, fines and community service. (2) Other than self-monitored sanctions. Other than self-monitored sanctions which are monitored for compliance by other than the district department of correctional servicesincluding, but not limited to, mandatory mediation, victim and offender reconciliation, andnoncommunity-based corrections supervision. b. LEVEL TWO. Probation and parole options consisting of the following:(1) Monitored sanctions. Monitored sanctions are administrative supervision sanctions which are monitored for compliance by the district department of correctional services andinclude, but are not limited to, low-risk offender-diversion programs. (2) Supervised sanctions. Supervised sanctions are regular probation or parole supervision and any conditions established in the probation or parole agreement or by courtorder. er-diversion programs. (2) Supervised sanctions. Supervised sanctions are regular probation or parole supervision and any conditions established in the probation or parole agreement or by courtorder. (3) Intensive supervision sanctions. Intensive supervision sanctions provide levels of supervision above sanctions in subparagraph (2) but are less restrictive than sanctions underparagraph 'c' and include electronic monitoring, day reporting, day programming, live-outprograms for persons on work release or who have violated chapter 321J, and institutionalwork release under section 904.910. c. LEVEL THREE. Quasi-incarceration sanctions. Quasi-incarceration sanctions are those supported by residential facility placement or twenty-four hour electronic monitoringincluding, but not limited to, the following: (1) Residential treatment facilities.(2) Operating while intoxicated offender treatment facilities.(3) Work release facilities.(4) House arrest with electronic monitoring.(5) A substance use disorder treatment facility as established and operated by the department of health and human services or the department of corrections. d. LEVEL FOUR. with electronic monitoring.(5) A substance use disorder treatment facility as established and operated by the department of health and human services or the department of corrections. d. LEVEL FOUR. Short-term incarceration designed to be of short duration, including, but not limited to, the following: (1) Twenty-one day shock incarceration for persons who violate chapter 321J.(2) Jail for less than thirty days.(3) Violators’ facilities.(4) Prison with sentence reconsideration.e. LEVEL FIVE. Incarceration which consists of the following:(1) Prison.(2) Jail for thirty days or longer.2. 'Intermediate criminal sanctions program' means a program structured around the corrections continuum in subsection 1, describing sanctions and services available in eachlevel of the continuum in the district and containing the policies of the district departmentof correctional services regarding placement of a person in a particular level of sanction andthe requirements and conditions under which a defendant will be transferred between levelsin the corrections continuum under the program. 3. a. Each judicial district and judicial district department of correctional services shall implement an a defendant will be transferred between levelsin the corrections continuum under the program. 3. a. Each judicial district and judicial district department of correctional services shall implement an intermediate criminal sanctions program. An intermediate criminal sanctionsprogram shall consist of only levels two, three, and sublevels one and three of level four ofthe corrections continuum and shall be operated in accordance with an intermediate criminalsanctions plan adopted by the chief judge of the judicial district and the director of the judicialdistrict department of correctional services. The plan adopted shall be designed to reduceprobation revocations to prison through the use of incremental, community-based sanctionsfor probation violations. b. The plan shall be subject to rules adopted by the department of corrections. The rules shall include provisions for transferring individuals between levels in the continuum. The Sat Dec 23 12:36:15 2023 Iowa Code 2024, Section 901B.1 (17, 1) §901B.1, INTERMEDIATE CRIMINAL SANCTIONS 2 provisions shall include a requirement that the reasons for the transfer be in writing and thatan opportunity for the individual to contest the 1B.1 (17, 1) §901B.1, INTERMEDIATE CRIMINAL SANCTIONS 2 provisions shall include a requirement that the reasons for the transfer be in writing and thatan opportunity for the individual to contest the transfer be made available. c. A copy of the program and plan shall be filed with the chief judge of the judicial district, the department of corrections, and the subunit of the department of health andhuman services responsible for criminal and juvenile justice planning. 4. a. The district department of correctional services shall place an individual committed to it under section 907.3 to the sanction and level of supervision which is appropriate to theindividual based upon a current risk assessment evaluation. Placements may be to levels twoand three of the corrections continuum. The district department may, with the approval ofthe department of corrections, place an individual in a level four violator facility establishedpursuant to section 904.207 only as a penalty for a violation of a condition imposed underthis section. b. The district department may transfer an individual along the intermediate criminal sanctions program operated pursuant to subsection 3 as necessary and on of a condition imposed underthis section. b. The district department may transfer an individual along the intermediate criminal sanctions program operated pursuant to subsection 3 as necessary and appropriate during theperiod the individual is assigned to the district department. However, nothing in this sectionshall limit the district department’s ability to seek a revocation of the individual’s probationpursuant to section 908.11. 96 Acts, ch 1193, §15; 2000 Acts, ch 1201, §14; 2001 Acts, ch 184, §10, 11; 2003 Acts, 1st Ex, ch 2, §51, 209; 2013 Acts, ch 90, §212; 2017 Acts, ch 148, §23; 2023 Acts, ch 19, §1326, 1327 Referred to in §905.1, 907.3Subsection 1, paragraph c, subparagraph (5) amendedSubsection 3, paragraph c amended Sat Dec 23 12:36:15 2023 Iowa Code 2024, Section 901B.1 (17, 1)
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