356.43 - INSPECTION -- HEARING -- REMEDIAL ACTION -- REPORT.

        356.43  INSPECTION -- HEARING -- REMEDIAL ACTION --      REPORT.         The Iowa department of corrections and its inspectors and agents      shall make periodic inspections of each jail or municipal holding      facility and all facilities established pursuant to chapter 356A, and      officially notify the governing body of the political subdivision in      writing to comply fully with section 356.36.         The Iowa department of corrections may order the governing body of      a political subdivision to either correct violations found in the      inspection of a jail or municipal holding facility within a      designated period, or may prohibit the confinement of prisoners in      the jail or municipal holding facility.  If the governing body fails      to comply with the order within the period designated, the Iowa      department of corrections may schedule a hearing on the alleged      violation.  The department may subpoena witnesses, documents, and      other information deemed necessary to determine the validity of the      alleged violation.  The department shall upon written request from      the governing body of the political subdivision grant representatives      of the political subdivision the right to appear before the      department at the hearing.  The representatives have the right to      counsel and may produce witnesses and present statements, documents,      and other information with respect to the alleged violation for      consideration at the hearing.         The department after the hearing shall affirm, revoke, or modify      the original order.  If the order is upheld, the department may      include a schedule for correction of the violations and designate the      date by which each violation shall be corrected.         If the political subdivision does not comply with the order within      the designated period, the department may petition the attorney      general to institute proceedings to enjoin the political subdivision      from confining prisoners in the jail or municipal holding facility      and require the transfer of prisoners to a jail or municipal holding      facility declared by the director to be suitable for confinement.      The county or municipality from which prisoners are transferred is      liable for the cost of transfer and expenditures incurred in the      confinement of prisoners in the jail or municipal holding facility to      which transferred.  Following inspection of any jail or municipal      holding facility, a report of the inspection shall be filed with the      director of the Iowa department of corrections.  A copy of the report      shall also be filed with the sheriff or chief of police, the      governing body of the political subdivision, and one copy with the      county attorney, which shall be presented at the next session of the      grand jury of that county.  
         Section History: Early Form
         [C66, 71, 73, 75, 77, 79, 81, § 356.43] 
         Section History: Recent Form
         83 Acts, ch 96, § 115, 159; 84 Acts, ch 1127, § 2         Referred to in § 331.756(63)