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COMMITMENT, TRANSFER, AND GENERAL SUPERVISION OF INMATES

Iowa Code tit. XVI, ch. 904, subch. V
in effect

Iowa Code § 904.501 Reports to director.

904.501. Reports to director. The superintendent of each institution shall, within ten days after the commitment or entrance of a person to the institution, cause a true copy of the person’s entrance record to be made and forwarded to the director. When an inmate leaves, is discharged, transferred, or dies in any institution, the superintendent or person in charge shall within ten days thereafter send the information to the office of the director on forms which the director prescribes. 83 Acts, ch 96, §24, 159CS83, §217A.3485 Acts, ch 21, §54CS85, §246.501C93, §904.501

Iowa Code § 904.502 Questionable commitment.

904.502. Questionable commitment. The superintendent or the district director, as applicable, shall within three days of the commitment or entrance of a person at the institution notify the director if there is any question as to the propriety of the commitment or detention of any person received at the institution, and the director upon notification shall inquire into the matter presented, and take appropriate action. 83 Acts, ch 96, §25, 159CS83, §217A.3585 Acts, ch 21, §54CS85, §246.502C93, §904.502 2024 Acts, ch 1182, §67

Iowa Code § 904.503 Transfers — persons with mental illness.

904.503. Transfers — persons with mental illness. 1. a. The director may transfer at the expense of the department an inmate of one institution to another institution under the director’s control if the director is satisfied that the transfer is in the best interests of the institutions or inmates. b. The director may transfer at the expense of the department an inmate under the director’s jurisdiction from any institution supervised by the director to another institution under the control of the director of health and human services with the consent and approval of the director of health and human services and may transfer an inmate to any other institution for mental or physical examination or treatment retaining jurisdiction over the inmate when so transferred. c. If the juvenile court waives its jurisdiction over a child over thirteen and under eighteen years of age pursuant to section 232.45 so that the child may be prosecuted as an adult and if the child is convicted of a public offense in the district court and committed to the custody of the director under section 901.7, the director may request transfer of the child to the state training school under this section. If the director of health and human services consents and approves the transfer, the child may be retained in temporary custody by the state training school until attaining the age of eighteen, at which time the child shall be returned to the custody of the director of the department of corrections to serve the remainder of the sentence imposed by the district court. If the child becomes a security risk or becomes a danger to other residents of the state training school at any time before reaching eighteen years of age, the director of health and human services may immediately return the child to the custody of the director of the department of corrections to serve the remainder of the sentence. 2. When the director has cause to believe that an inmate in a state correctional institution is mentally ill, the Iowa department of corrections may cause the inmate to be transferred to the Iowa medical and classification center, or to another appropriate facility within the department, for examination, diagnosis, or treatment. The inmate shall be confined at that center or facility or a state mental health institute until the expiration of the inmate’s sentence or until the inmate is pronounced in good mental health. If the inmate is pronounced in good mental health before the expiration of the inmate’s sentence, the inmate shall be returned to the state correctional institution until the expiration of the inmate’s sentence. 3. When the director has reason to believe that a prisoner in a state correctional institution, whose sentence has expired, is mentally ill, the director shall cause examination to be made of the prisoner by competent physicians who shall certify to the director whether the prisoner is in good mental health or mentally ill. The director may make further investigation and if satisfied that the prisoner is mentally ill, the director may cause the prisoner to be transferred to one of the hospitals for persons with mental illness, or may order the prisoner to be confined in the Iowa medical and classification center. 2. [SS15, §5709-b, -e; C24, 27, 31, 35, 39, §3755; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §246.16; 82 Acts, ch 1100, §11]3. [C97, §5710; C24, 27, 31, 35, 39, §3756; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §246.17; 82 Acts, ch 1100, §12] 83 Acts, ch 96, §21, 92, 159 CS83, §217A.31, 246.16 84 Acts, ch 1184, §14, 15; 84 Acts, ch 1214, §1 C85, §217A.31 85 Acts, ch 21, §17 – 19, 54 CS85, §246.503 89 Acts, ch 80, §1 C93, §904.503 96 Acts, ch 1129, §113; 2003 Acts, 1st Ex, ch 2, §55, 209; 2013 Acts, ch 30, §261; 2023 Acts, ch 19, §1333

Iowa Code § 904.504 Federal prisoners.

904.504. Federal prisoners. Inmates sentenced for any term by any court of the United States may be received by the superintendent of a state correctional institution and kept there in pursuance of their sentences. The director may transfer inmates at state correctional institutions to the federal bureau of prisons. [C51, §3119; R60, §5138; C73, §4771; C97, §5676; C24, 27, 31, 35, 39, §3750; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §246.11] 83 Acts, ch 96, §91, 159; 84 Acts, ch 1184, §13C85, §217A.3985 Acts, ch 21, §22, 54CS85, §246.504C93, §904.504

Iowa Code § 904.505 Disciplinary procedures — use of force.

904.505. Disciplinary procedures — use of force. 1. Inmates who disobey the disciplinary rules of the institution to which they are committed shall be punished by the imposition of the penalties prescribed in the disciplinary rules, according to the following guidelines: a. To ensure that sanctions are imposed only at such times and to such a degree as is necessary to regulate inmate behavior within the limits of the disciplinary rules and to promote a safe and orderly institutional environment. b. To control inmate behavior in an impartial and consistent manner. c. To ensure that disciplinary procedures are fair and that sanctions are not capricious or retaliatory. d. To prevent the commission of offenses through the deterrent effect of the sanctions available. e. To define the elements of each offense and the penalties which may be imposed for violations, in order to give fair warning of prohibited conduct. f. To provide procedures for preparation of reports of disciplinary actions, for conducting disciplinary hearings, and for processing of disciplinary appeals. 2. The superintendent or district director, as applicable, of each institution shall maintain a register of all penalties imposed on inmates and the cause for which the penalties were imposed. 3. A correctional officer of a correctional institution or the officer’s assistant shall, in case an inmate resists the officer’s or assistant’s lawful authority, or refuses to obey the officer’s or assistant’s lawful command, only use such force as is reasonably necessary under all attendant circumstances. The use of a deadly weapon is justified under conditions of extreme necessity and as a last resort to protect the life or safety of a person. The use of a deadly weapon is not justified solely to prevent damage to or destruction of property where there is no danger to the life or safety of a person. An officer or assistant is justified in using force which causes injury or death to an inmate if the officer’s or assistant’s actions comply with the requirements of this subsection. 4. The disciplinary rules may impose a reasonable administrative fee for the filing of a report of a major disciplinary rule infraction for which an inmate is found guilty. A fee charged pursuant to this subsection shall be deposited in the general fund of the state. 85 Acts, ch 21, §21 CS85, §246.505 C93, §904.505 2010 Acts, ch 1031, §411; 2024 Acts, ch 1182, §68

Iowa Code § 904.506 Confiscation of currency.

904.506. Confiscation of currency. 1. Except as provided for by the director by rule, it is unlawful for an inmate of one of the penal or correctional facilities under the department to possess United States or foreign currency in the penal or correctional facility. 2. The director shall adopt rules as to circumstances under which the possession of currency by an inmate of a penal or correctional facility under the department is authorized. 3. The department may confiscate currency unlawfully possessed in violation of this section. Money confiscated pursuant to this section shall be deposited in a special fund in the state treasury which fund shall be established by the treasurer of state. Money deposited in the fund may be drawn upon by the department to pay for expenses incurred in operating the division’s penal and correctional facilities and programs. 83 Acts, ch 51, §2, 7, 9; 83 Acts, ch 96, §159, 160CS83, §217A.7785 Acts, ch 21, §54CS85, §246.506C93, §904.506

Iowa Code § 904.507 Escape.

904.507. Escape. An inmate of a state correctional institution who escapes from it may be arrested and returned to the institution, by an officer or employee of a state correctional institution without any other authority than this chapter, and by any peace officer or other person on the request in writing of the superintendent or the state director. [SS15, §2713-n15; C24, 27, 31, 35, 39, §3738; C46, 50, 54, 58, 62, 66, 71, 73, 75, 77, 79, 81, §245.15] 83 Acts, ch 96, §88, 159; 83 Acts, ch 101, §52; 84 Acts, ch 1184, §12C85, §217A.3885 Acts, ch 21, §54CS85, §246.507C93, §904.507

Iowa Code § 904.507A Liability for escapee expenses.

904.507A. Liability for escapee expenses. If a person escapes from a state correctional institution including but not limited to those institutions listed in section 904.102, all necessary and legal expenses incurred by that person while absent from the state institution shall be paid out of any moneys in the state treasury not otherwise appropriated. The expenses shall be paid on claims filed with the department of administrative services. 98 Acts, ch 1086, §5; 2003 Acts, ch 145, §286

Iowa Code § 904.508 Property of inmate — inmate savings fund.

904.508. Property of inmate — inmate savings fund. 1. The superintendent of each institution shall receive and care for any property an inmate may possess on the inmate’s person upon entering the institution, and on the discharge of the inmate, return the property to the inmate or the inmate’s legal representatives, unless the property has been previously disposed of according to the inmate’s written designation. The superintendent may place an inmate’s money at interest, keeping an account of the money and returning the remaining money upon discharge. 2. Pursuant to section 904.702, the director shall establish and maintain an inmate savings fund in an interest-bearing account for the deposit of all or part of an inmate’s allowances and amounts, except amounts directed to be deposited in the inmate telephone fund established in section 904.508A, sent to the inmate from a source other than the department. All or part of an inmate’s allowances and amounts, except amounts directed to be deposited in the inmate telephone fund established in section 904.508A, from a source other than the department shall be deposited into the savings fund, until the inmate’s deposit is equal to one hundred dollars as provided in section 906.9. If an inmate’s deposits are equal to or in excess of one hundred dollars, the inmate may voluntarily withdraw from the savings fund. The director shall notify the inmate of this right to withdraw and shall provide the inmate with a written request form to facilitate the withdrawal. If the inmate withdraws and the inmate’s deposits exceed the amount due as provided in section 906.9, the director shall disburse the excess amount as provided for allowances under section 904.702, except the director shall not deposit the excess amount in the inmate savings fund. If the inmate chooses to continue to participate in the savings fund, the inmate’s deposits shall be returned to the inmate upon discharge, parole, or placement on work release. Otherwise, the inmate’s deposits shall be disposed of as provided in subsection 3. An inmate’s deposits into the savings fund may be used to provide the money due the inmate upon discharge, parole, or placement on work release, as required under section 906.9. Interest earned from the savings fund shall be placed in a separate account, and may be used for purchases approved by the director to directly and collectively benefit inmates. 3. Upon the death of an inmate, the superintendent of the institution shall immediately take possession of the decedent’s property left at the institution, including the inmate’s deposits into the inmate savings fund, and shall deliver the property to the person designated by the inmate to be contacted in case of an emergency. However, if the property left by the decedent cannot be delivered to the designated person, delivery may be made to the surviving spouse or an heir of the decedent. If the decedent’s property cannot be delivered to the designated person and no surviving spouse or heir is known, the superintendent shall deliver the property to the treasurer of state for disposition as unclaimed property pursuant to chapter 556, after deducting expenses incurred in disposing of the decedent’s body or property. 83 Acts, ch 96, §44, 159 CS83, §217A.66 85 Acts, ch 21, §25, 54 CS85, §246.508 89 Acts, ch 46, §1; 91 Acts, ch 219, §8 C93, §904.508 2003 Acts, 1st Ex, ch 2, §56, 209; 2025 Acts, ch 66, §9 Subsection 1 amended

Iowa Code § 904.508A Inmate telephone fund.

904.508A. Inmate telephone fund. The department is authorized to establish and maintain an inmate telephone fund for the deposit of moneys received for inmate telephone calls. All funds deposited in this fund shall be used for the benefit of inmates. The director shall adopt rules providing for the disbursement of moneys from the fund. 95 Acts, ch 207, §27; 2003 Acts, 1st Ex, ch 2, §57, 209

Iowa Code § 904.509 Money deposited with treasurer of state.

904.509. Money deposited with treasurer of state. 1. Money from property converted pursuant to section 904.508 shall be transmitted to the treasurer of state as soon after one year after the death of the inmate as practicable. A complete permanent record of the property, showing by whom and with whom it was left, its amount when converted to money, the date of the death of the owner, the owner’s reputed place of residence before becoming an inmate of the institution, the date on which the money was sent to the treasurer of state, and any other facts which may tend to identify the decedent and explain the case, shall be kept by the superintendent of the institution, and a transcript of the record shall be sent to and kept by the treasurer of state. 2. Money deposited with the treasurer of state pursuant to this section shall be paid at any time within ten years from the death of the inmate to any person who is shown to be entitled to it. 83 Acts, ch 96, §45, 159CS83, §217A.6785 Acts, ch 21, §54CS85, §246.509C93, §904.509

Iowa Code § 904.510 Religious preference.

904.510. Religious preference. The superintendent receiving a person committed to any of the institutions shall ask the person to state the person’s religious preference, shall enter the stated preference in a book kept for that purpose, and shall request that the person sign the entry. If the person is a minor and has formed no choice, the preference may be expressed at any later time by the person. 83 Acts, ch 96, §26, 159CS83, §217A.3685 Acts, ch 21, §54CS85, §246.510C93, §904.510

Iowa Code § 904.511 Time for religion.

904.511. Time for religion. Any inmate, during the time of detention, shall be allowed for at least one hour on each Sunday or other holy day or in times of extreme sickness, and at other suitable and reasonable times consistent with proper discipline in the institution, to receive spiritual advice, instruction, and ministration from any recognized member of the clergy who represents the inmate’s religious belief. 83 Acts, ch 96, §27, 159CS83, §217A.3785 Acts, ch 21, §54CS85, §246.511C93, §904.511

Iowa Code § 904.512 Visits.

904.512. Visits. Members of the executive council, the attorney general, the lieutenant governor, members of the general assembly, judges of the supreme and district court and court of appeals, judicial magistrates, county attorneys, and persons ordained or designated as regular leaders of a religious community are authorized to visit all institutions under the control of the Iowa department of corrections at reasonable times. No other person shall be granted admission except by permission of the superintendent or district director, as applicable. 84 Acts, ch 1004, §1C85, §217A.8085 Acts, ch 21, §28, 54CS85, §246.512C93, §904.512 2024 Acts, ch 1182, §69

Iowa Code § 904.513 Assignment of OWI violators to treatment facilities.

904.513. Assignment of OWI violators to treatment facilities. 1. a. The department of corrections shall establish in each judicial district a continuum of programming for the supervision and treatment of offenders convicted of violating chapter 321J who are sentenced to the custody of the director. The continuum shall include a range of sanctioning options 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 disorder treatment program for such offenders shall be placed in an institutional substance use disorder program for such offenders within sixty days of admission to the institution or as soon as practical. When placing offenders convicted of violating chapter 321J in community residential substance use disorder treatment programs for such offenders, the department shall give priority as appropriate to the placement of those offenders currently in institutional substance use disorder programs for such offenders. The department shall work with each judicial district to enable such offenders to enter community residential substance use disorder treatment programs at a level comparable to their prior institutional program 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 participating in 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 at community residential facilities. If there is insufficient space at a community residential facility, the court may order an offender to be released to the supervision of the district department, held in jail, or committed to the custody of the director for assignment to an appropriate correctional facility 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 rate with each county. The amount to be reimbursed shall be determined by multiplying the number of days a person is confined by the average daily cost of confining a person in the county facility as negotiated with the department. A county holding offenders in jail due to insufficient space in a community residential facility shall be reimbursed. Payment shall be made 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 calendar quarter. If a voucher seeking payment is not made within thirty days of the end of the calendar 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 chapter meet the licensure standards of the department of health and human services under chapter 125. The rules shall also include provisions for the funding of the program by means of self-contribution by the offenders, insurance reimbursement on behalf of offenders, or other forms 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, §26 C87, §246.513 87 Acts, ch 118, §1, 2; 90 Acts, ch 1251, §30; 91 Acts, ch 219, §9; 92 Acts, ch 1163, §57 C93, §904.513 96 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; 2024 Acts, ch 1182, §70, 71

Iowa Code § 904.514 Required test.

904.514. Required test. 1. A person committed to an institution under the control of the department who bites another person, who causes an exchange of bodily fluids with another person, or who causes any bodily secretion to be cast upon another person, shall submit to the withdrawal of a bodily specimen for testing to determine if the person is infected with a contagious infectious disease. The bodily specimen to be taken shall be determined by the staff physician of the institution. The specimen taken shall be sent to the state hygienic laboratory or some other laboratory approved by the department of health and human services. If a person to be tested pursuant to this section refuses to submit to the withdrawal of a bodily specimen, application may be made by the superintendent of the institution to the district court for an order compelling the person to submit to the withdrawal and, if infected, to available treatment. An order authorizing the withdrawal of a specimen for testing may be issued only by a district judge or district associate judge upon application by the superintendent or district director, as applicable, of the institution. 2. Failure to comply with an order issued pursuant to this section may result in the forfeiture of good conduct time, not to exceed one year, earned up to the time of the failure to comply. 3. Personnel at an institution under the control of the department shall be notified if a person committed to any of these institutions is found to have a contagious infectious disease. 4. The department shall adopt policies and procedures to prevent the transmittal of a contagious infectious disease to other persons. 5. For purposes of this section, “infectious disease” means any infectious condition which if spread by contamination would place others at a serious health risk. 87 Acts, ch 185, §1CS87, §246.514C93, §904.514 2018 Acts, ch 1041, §127; 2023 Acts, ch 19, §1336; 2024 Acts, ch 1182, §72

Iowa Code § 904.515 Human immunodeficiency virus-related matters — exemption.

904.515. Human immunodeficiency virus-related matters — exemption. The provisions of chapter 141A relating to knowledge and consent do not apply to persons committed to the custody of the department. The department may provide for medically acceptable procedures to inform employees, visitors, and persons committed to the department of possible infection and to protect them from possible infection. 88 Acts, ch 1234, §6C89, §246.515C93, §904.51599 Acts, ch 181, §18

Iowa Code § 904.516 Academic achievement of inmates — literacy and high school equivalency programs.

904.516. Academic achievement of inmates — literacy and high school equivalency programs. 1. Effective July 1, 1997, a person who is committed to the custody of the director of the department of corrections may be evaluated for purposes of determining the level of achievement in the basic skills of arithmetic, the communicative arts of reading, writing, grammar, and spelling, social studies, and the sciences. 2. Persons who demonstrate functional literacy competence below the sixth grade level may be required to participate in literacy programs established by the department. Participation shall be voluntary, but shall be reflected as part of the person’s record at the institution. Persons who are required to participate in literacy programs and who refuse to participate shall be subject to the following penalties: a. Eligibility only for a minimum allowance. b. Placement on idle status. c. Ineligibility for work bonuses. d. Ineligibility for minimum out or minimum live out status. e. Ineligibility for other privileges as determined by the department. 3. Persons who have not completed the requirements for high school or a high school equivalency diploma may be required to complete the requirements for and to obtain a high school equivalency diploma under chapter 259A. 4. The department, in cooperation with the board of parole, shall adopt rules which establish a procedure for evaluation of inmates to determine basic skills achievement, and criteria for placement of inmates in educational programs. Rules adopted may include, but shall not be limited to, the establishment of standards for the development of appropriate programming, imposition of any applicable penalties, and for waiver of any educational requirements. 95 Acts, ch 179, §1
Source: Iowa Legislature (legis.iowa.gov)URL: https://www.legis.iowa.gov/law/iowaCode/sections?codeChapter=904&year=2026Fetched: 10/20/2026

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