§ 904.108

904.108 Director — duties, powers. 1. The director shall:a. Supervise the operations of the institutions under the department’s jurisdiction and may delegate the powers and authorities given the director by statute to officers or employeesof the department. b. Supervise state agents whose duties relate primarily to the department.c. Establish and maintain a program to oversee women’s institutional and community corrections programs and to provide community support to ensure continuity and consistencyof programs. The person responsible for implementing this section shall report to the director. d. Establish and maintain acceptable standards of treatment, training, education, and rehabilitation in the various state penal and corrective institutions which shall includehabilitative services and treatment for offenders with an intellectual disability. For the purposes of this paragraph, 'habilitative services and treatment' means medical, mentalhealth, social, educational, counseling, and other services which will assist a person withan intellectual disability to become self-reliant. However, the director may also providerehabilitative treatment and services to other persons who

, and other services which will assist a person withan intellectual disability to become self-reliant. However, the director may also providerehabilitative treatment and services to other persons who require the services. The directorshall identify all individuals entering the correctional system who are persons with anintellectual disability, as defined in section 4.1. Identification shall be made by a qualifiedprofessional in the area of intellectual disability. In assigning an offender with an intellectualdisability, or an offender with an inadequately developed intelligence or with impairedmental abilities, to a correctional facility, the director shall consider both the program needsand the security needs of the offender. The director shall consult with the department ofhealth and human services in providing habilitative services and treatment to offenderswith mental illness or an intellectual disability. The director may enter into agreementswith the department of health and human services to utilize mental health institutions andshare staff and resources for purposes of providing habilitative services and treatment, aswell as providing other special needs programming.

d human services to utilize mental health institutions andshare staff and resources for purposes of providing habilitative services and treatment, aswell as providing other special needs programming. Any agreement to utilize mental healthinstitutions and to share staff and resources shall provide that the costs of the habilitativeservices and treatment shall be paid from state funds. Not later than twenty days prior toentering into any agreement to utilize mental health institution staff and resources, otherthan the use of a building or facility, for purposes of providing habilitative services andtreatment, as well as other special needs programming, the directors of the departments ofcorrections and health and human services shall each notify the chairpersons and rankingmembers of the joint appropriations subcommittees that last handled the appropriation fortheir respective departments of the pending agreement. Use of a building or facility shallrequire approval of the general assembly if the general assembly is in session or, if thegeneral assembly is not in session, the legislative council may grant temporary authority,which shall be subject to final approval of the general

embly if the general assembly is in session or, if thegeneral assembly is not in session, the legislative council may grant temporary authority,which shall be subject to final approval of the general assembly during the next succeedinglegislative session. e. Employ, assign, and reassign personnel as necessary for the performance of duties and responsibilities assigned to the department. Employees shall be selected on the basis offitness for work to be performed with due regard to training and experience and are subjectto chapter 8A, subchapter IV. f. Establish standards of mental fitness which shall govern the initial recruitment, selection, and appointment of correctional officers. To promote these standards, the directorshall by rule require a battery of psychological tests to determine cognitive skills, personalitycharacteristics and suitability of all applicants for a correctional career. g. Examine all state institutions which are penal, reformatory, or corrective to determine their efficiency for adequate care, custody, and training of their inmates and report thefindings to the board. h.

mine all state institutions which are penal, reformatory, or corrective to determine their efficiency for adequate care, custody, and training of their inmates and report thefindings to the board. h. Prepare a budget for the department, subject to the approval of the board, and other reports as required by law. i. Develop long-range correctional planning and an ongoing five-year corrections master plan. The director shall annually report to the general assembly to inform its members as tothe status and content of the planning and master plan. Sat Dec 23 12:36:42 2023 Iowa Code 2024, Section 904.108 (26, 3) §904.108, DEPARTMENT OF CORRECTIONS 2 j. Supervise rehabilitation camps within the state as may be established by the director. Persons committed to institutions under the department may be transferred to the facilitiesof the camp system and upon transfer shall be subject to the same laws as pertain to thetransferring institution. k. Adopt rules subject to the approval of the board, pertaining to the internal management of institutions and agencies under the director’s charge and necessary to carry out the dutiesand powers outlined in this section. l.

the approval of the board, pertaining to the internal management of institutions and agencies under the director’s charge and necessary to carry out the dutiesand powers outlined in this section. l. Adopt rules, policies, and procedures, subject to the approval of the board, pertaining to community-based correctional programs, and the supervision of parole and work release. m. Provide routine administrative and support services to the board of parole.n. Cooperate with Iowa state university of science and technology to provide, for purposes of agricultural research, development, and testing, the use of resources, including property,facilities, labor, and services, connected with institutions listed in section 904.102. However,use of the resources by the university is subject to approval by the director. Before grantingapproval, the director shall require that the university compensate the department for the useof the resources, on terms specified by the director. o. Establish and maintain a correctional training program. 2. The director, with the express approval of the board, may establish for any inmate sentenced pursuant to section 902.3 a furlough program under which inmates

ntain a correctional training program. 2. The director, with the express approval of the board, may establish for any inmate sentenced pursuant to section 902.3 a furlough program under which inmates sentenced toand confined in any institution under the jurisdiction of the department may be temporarilyreleased. A furlough for a period not to exceed fourteen days may be granted when animmediate member of an inmate’s family is seriously ill or has died, when an inmate is tobe interviewed by a prospective employer, or when an inmate is authorized to participate ina training program not available within the institution. Furloughs for a period not to exceedfourteen days may also be granted in order to allow inmates to participate in programs oractivities that serve rehabilitative objectives. 3. The director may establish a sales bonus system for the sales representatives for prison industry products. If a sales bonus system is established, the system shall not affect the statusof the sales representatives under chapter 8A, subchapter IV. 4. The director may expend moneys from the support allocation of the department as reimbursement for replacement or repair of personal items of the

es representatives under chapter 8A, subchapter IV. 4. The director may expend moneys from the support allocation of the department as reimbursement for replacement or repair of personal items of the department’s employeesdamaged or destroyed by clients of the department during the employee’s tour of duty.However, the reimbursement shall not exceed three hundred dollars for each item. Thedirector shall establish rules in accordance with chapter 17A to carry out the purpose of thissubsection. 5. The director may obtain assistance for the department for construction, facility planning, and project accomplishment with the department of administrative services andby contracting under chapter 28E for data processing with the department of health andhuman services or the department of administrative services. 6. The director may charge an inmate a correctional fee for custodial expenses incurred or which may be incurred while the inmate is in the custody of the department. The custodialexpenses may include, but are not limited to, board and room, medical and dental feesincluding any necessary transportation fee not to exceed five dollars per visit, educationcosts, clothing costs, and

penses may include, but are not limited to, board and room, medical and dental feesincluding any necessary transportation fee not to exceed five dollars per visit, educationcosts, clothing costs, and the costs of supervision, services, and treatment to the inmate.The correctional fee shall not exceed the actual cost of keeping the inmate in custody. Thecorrectional fees collected pursuant to this subsection shall be credited as a reimbursementto the appropriate correctional institution. This subsection does not limit the right of thedirector to obtain any other remedy authorized by law. 83 Acts, ch 96, §9, 159CS83, §217A.884 Acts, ch 1150, §1; 84 Acts, ch 1245, §4; 85 Acts, ch 21, §15, 54CS85, §246.10886 Acts, ch 1245, §315, 1503, 1504; 87 Acts, ch 139, §1C93, §904.10896 Acts, ch 1111, §3; 96 Acts, ch 1129, §111; 96 Acts, ch 1219, §76; 97 Acts, ch 190, §3; 98 Acts, ch 1090, §76, 84; 98 Acts, ch 1131, §4; 99 Acts, ch 114, §46; 2002 Acts, ch 1175, §47; Sat Dec 23 12:36:42 2023 Iowa Code 2024, Section 904.108 (26, 3) 2003 Acts, ch 88, §1; 2003 Acts, ch 145, §278, 279, 286; 2008 Acts, ch 1180, §22; 2012 Acts, ch1019, §141; 2023 Acts, ch 19, §1328, 1329, 2779 Referred to in §904.109,

e 2024, Section 904.108 (26, 3) 2003 Acts, ch 88, §1; 2003 Acts, ch 145, §278, 279, 286; 2008 Acts, ch 1180, §22; 2012 Acts, ch1019, §141; 2023 Acts, ch 19, §1328, 1329, 2779 Referred to in §904.109, 904.115, 905.8Subsection 1, paragraphs d and l amendedSubsection 5 amended Sat Dec 23 12:36:42 2023 Iowa Code 2024, Section 904.108 (26, 3)