Iowa Code 904.320 – Private transportation of prisoners
Current as of: 2023 | Check for updates
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1. If the director contracts with a private person or entity for the transportation of inmates to or from an institution, the contract shall include provisions which require the following:
a. The private person or any officers or employees of the private person or private entity shall not have been convicted of any of the following:
(1) A felony.
(2) Within the three-year period immediately preceding the date of the execution of the contract, a violation of the laws pertaining to operation of motor vehicles punishable as a serious misdemeanor or greater offense.
(3) Domestic abuse assault in which bodily injury was inflicted or attempted to be inflicted.
(4) A crime involving illegal manufacture, use, possession, sale, or an attempt to illegally manufacture, use, possess, or sell alcohol or a controlled substance or other drug.
b. The person or persons actually transporting the prisoners shall be trained and proficient in the safe use of firearms.
c. Any employees of a private entity which has entered into the contract for transportation of prisoners shall only possess and use security and restraint equipment, including any firearms, which has been issued by the private entity.
d. The person or persons actually transporting the prisoners shall be trained and proficient in appropriate transportation procedures.
e. The person or entity complies, within one year of publication, with any applicable standards for the transportation of prisoners promulgated by the American corrections association.
Attorney's Note
Under the Iowa Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Serious misdemeanor | up to 1 year | between $430 and $2,560 |
Terms Used In Iowa Code 904.320
- Contract: A legal written agreement that becomes binding when signed.
- department: means the Iowa department of corrections and the Iowa department of human services. See Iowa Code 904.706
- 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
- 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
- year: means twelve consecutive months. See Iowa Code 4.1
2. The department shall adopt rules pertaining to contracts with private persons or entities providing transportation of inmates of institutions under the control of the department.