904.513 Assignment of OWI violators to treatment facilities. 1. a. The department of corrections, in cooperation with the judicial district departments of correctional services, shall establish in each judicial district a continuum of programmingfor the supervision and treatment of offenders convicted of violating chapter 321J who aresentenced to the custody of the director. The continuum shall include a range of sanctioningoptions that include but are not limited to prisons and residential facilities. b. (1) The department of corrections shall develop standardized assessment criteria for the assignment of offenders pursuant to this chapter. (2) Offenders convicted of violating chapter 321J, sentenced to the custody of the director, and awaiting placement in a community residential substance use disordertreatment program for such offenders shall be placed in an institutional substance usedisorder program for such offenders within sixty days of admission to the institutionor as soon as practical. When placing offenders convicted of violating chapter 321J incommunity residential substance use disorder treatment programs for such offenders, thedepartment shall give priority as oon as practical. When placing offenders convicted of violating chapter 321J incommunity residential substance use disorder treatment programs for such offenders, thedepartment shall give priority as appropriate to the placement of those offenders currentlyin institutional substance use disorder programs for such offenders. The department shallwork with each judicial district to enable such offenders to enter community residentialsubstance use disorder treatment programs at a level comparable to their prior institutionalprogram participation. (3) Assignment shall be for the purposes of risk management and substance use disorder treatment and may include education or work programs when the offender is not participatingin other program components. (4) Assignment may also be made on the basis of the offender’s treatment program performance, as a disciplinary measure, for medical needs, and for space availability atcommunity residential facilities. If there is insufficient space at a community residentialfacility, the court may order an offender to be released to the supervision of the judicialdistrict department of correctional services, held in jail, or committed to the custody of munity residentialfacility, the court may order an offender to be released to the supervision of the judicialdistrict department of correctional services, held in jail, or committed to the custody of thedirector of the department of corrections for assignment to an appropriate correctionalfacility until there is sufficient space at a community residential facility. 2. Upon request by the director, a county shall provide temporary confinement for offenders allegedly violating the conditions of assignment to a program under this chapter,if space is available in the county. The department shall negotiate a reimbursement ratewith each county. The amount to be reimbursed shall be determined by multiplying thenumber of days a person is confined by the average daily cost of confining a person in thecounty facility as negotiated with the department. A county holding offenders in jail due toinsufficient space in a community residential facility shall be reimbursed. Payment shall bemade upon submission of a voucher executed by the sheriff and approved by the director.A voucher seeking payment shall be submitted within thirty days of the end of a calendarquarter. Payment shall bemade upon submission of a voucher executed by the sheriff and approved by the director.A voucher seeking payment shall be submitted within thirty days of the end of a calendarquarter. If a voucher seeking payment is not made within thirty days of the end of thecalendar quarter, the request shall be denied by the department. 3. The department shall adopt rules for the implementation of this section. The rules shall include the requirement that the treatment programs established pursuant to this chaptermeet the licensure standards of the department of health and human services under chapter125. The rules shall also include provisions for the funding of the program by means ofself-contribution by the offenders, insurance reimbursement on behalf of offenders, or otherforms of funding, program structure, criteria for the evaluation of offenders and programs,and all other issues the director shall deem appropriate. 86 Acts, ch 1220, §26C87, §246.51387 Acts, ch 118, §1, 2; 90 Acts, ch 1251, §30; 91 Acts, ch 219, §9; 92 Acts, ch 1163, §57C93, §904.51396 Acts, ch 1165, §2; 2000 Acts, ch 1202, §1; 2003 Acts, 1st Ex, ch 2, §58, 209; 2006 Acts, ch 1010, §167; 2006 Acts, ch 90 Acts, ch 1251, §30; 91 Acts, ch 219, §9; 92 Acts, ch 1163, §57C93, §904.51396 Acts, ch 1165, §2; 2000 Acts, ch 1202, §1; 2003 Acts, 1st Ex, ch 2, §58, 209; 2006 Acts, ch 1010, §167; 2006 Acts, ch 1183, §24; 2012 Acts, ch 1030, §1; 2023 Acts, ch 19, §1334, 1335 Referred to in §321J.2, 462A.14Subsection 1, paragraph b, subparagraphs (2) and (3) amendedSubsection 3 amended Sat Dec 23 12:40:23 2023 Iowa Code 2024, Section 904.513 (28, 2)
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