Iowa Admin. Code r. 205-11.12

Current through Register Vol. 47, No. 10, November 13, 2024

Rule 205-11.12 - Conviction of a felony or aggravated misdemeanor while on parole

When a parolee is convicted and sentenced to incarceration in Iowa for a felony or aggravated misdemeanor committed while on parole, or is convicted and sentenced to incarceration in any other state of the United States or a foreign country for an offense committed while on parole and which if committed in Iowa would be a felony or aggravated misdemeanor, the parolee's parole shall be deemed revoked as of the date of the commission of the offense.

(1) The parole officer shall inform the sentencing judge that the convicted defendant is a parole violator. The term for which the defendant shall be imprisoned as a parole violator shall be the same as that provided in cases of revocation of parole for violation of the conditions of parole. The new sentence of imprisonment for conviction of a felony or aggravated misdemeanor shall be served consecutively to the sentence for which the defendant was on parole, unless a concurrent term of imprisonment is ordered by the court.

(2) The parole officer shall forward to the board a violation report together with a file-stamped copy of the judgment entry and sentencing order for the offense committed during the parole. An administrative parole judge shall review the violation report and the judgment entry and sentencing order and, if satisfied that the conditions of Iowa Code section 908.10 or 908.10A and of this rule have been met, shall issue an order revoking the parole. The judge shall also determine the date of commission of the felony or aggravated misdemeanor offense and the date of subsequent incarceration in a state institution. Time loss shall be the time between these two dates, except that the parolee shall receive credit for any time the parolee was incarcerated in a county jail between these two dates.

(3) The parolee shall be notified in writing that the parole has been revoked on the basis of the new conviction, and a copy of the commitment order shall accompany the notification. The parolee's record shall be reviewed pursuant to the provisions of Iowa Code section 906.5, or as soon as practical after a final reversal of the new conviction.

(4) An inmate may appeal the revocation of parole under this rule according to the procedure indicated in rule 205-11.8 (908).

(5) Neither the administrative parole judge nor the board shall retry the facts underlying any conviction.

Iowa Admin. Code r. 205-11.12

Amended by IAB August 17, 2016/Volume XXXIX, Number 04, effective 12/19/2016

Amended by IAB June 5, 2019/Volume XLI, Number 25, effective 7/10/2019

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