Iowa Code 901D.7 – Placement and enrollment
Current as of: 2023 | Check for updates
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1. Subject to sections 901D.3 and 901D.6, a participant may be placed in the program as a condition of bond, pretrial release, sentence, probation, or parole.
Terms Used In Iowa Code 901D.7
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Department: means the department of public safety. See Iowa Code 901D.2
- following: when used by way of reference to a chapter or other part of a statute mean the next preceding or next following chapter or other part. See Iowa Code 4.1
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Law enforcement agency: means a law enforcement agency charged with enforcement of the program created under this chapter. See Iowa Code 901D.2
- Participating jurisdiction: means a county or other governmental entity that chooses to participate in the program created under this chapter. See Iowa Code 901D.2
- person: means individual, corporation, limited liability company, government or governmental subdivision or agency, business trust, estate, trust, partnership or association, or any other legal entity. See Iowa Code 4.1
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
- program: means the program established pursuant to section 901D. See Iowa Code 901D.2
- state: when applied to the different parts of the United States, includes the District of Columbia and the territories, and the words "United States" may include the said district and territories. See Iowa Code 4.1
- Testing: means a procedure or set of procedures performed to determine the presence of alcohol or a controlled substance in a person's breath or bodily fluid, including blood, urine, saliva, and perspiration, and includes any combination of breath testing, drug patch testing, urine analysis testing, saliva testing, and continuous or transdermal alcohol monitoring. See Iowa Code 901D.2
2. a. An order or directive placing a participant in the program shall include all of the following:
(1) The type of testing required to be administered in the program in accordance with section 901D.3, subsection 1, paragraph “b”.
(2) The length of time that the participant is required to remain in the program, which shall be for no less than ninety days.
(3) A requirement that the participant not have failed a required testing or have missed a required testing during the thirty-day period immediately preceding the end of participation in the program.
(4) A requirement that the participant submit to the law enforcement agency of the participating jurisdiction proof that the participant has installed an approved ignition interlock device on all motor vehicles owned or operated by the participant, or only motor vehicles operated by the participant if authorized under chapter 321J, as applicable, prior to the end of participation in the program, unless the court enters an order pursuant to paragraph “c” finding the participant is not required to provide proof of installation of an approved ignition interlock device as a condition of the participant’s completion of the program.
b. The person issuing the order or directive shall send a copy of the order or directive to the law enforcement agency of the participating jurisdiction.
c. (1) A court shall only enter an order finding the participant is not required to provide proof of installation of an approved ignition interlock device on all motor vehicles owned or operated by the participant, or only motor vehicles operated by the participant if authorized under chapter 321J, as applicable, if any of the following apply:
(a) The participant will be ineligible for a temporary restricted license at the time the participant completes the program.
(b) The participant will not own or operate a motor vehicle or have a motor vehicle registered in the participant’s name at the time the participant completes the program, and the participant has submitted an affidavit stating such.
(2) If the court enters an order finding the participant is not required to install an approved ignition interlock device under this paragraph, the court shall specifically state in the order the reasons for not imposing the requirement.
3. Upon receipt of a copy of an order or directive, a representative of the law enforcement agency of the participating jurisdiction shall enroll a participant in the program prior to testing.
4. At the time of enrollment, a representative of the law enforcement agency of the participating jurisdiction shall enter the participant’s information into the data management system described in section 901D.5. The representative of the agency shall provide the participant with the appropriate materials required by the program, inform the participant that the participant’s information may be shared for law enforcement and reporting purposes, and provide the participant with information related to the required testing, procedures, and fees.
5. The participant shall sign a form stating that the participant understands the program requirements and releases the participant’s information for law enforcement and reporting purposes.
6. A participant shall report to the program for testing for the length of time ordered by the court, the board of parole, the department of corrections, or a parole officer.