Forward
The First Judicial District Department of Correctional Services (DCS) is committed to being informative, responsive, and sensitive to the needs of victims of crime. We believe you have the right to be treated with dignity and respect in all your contacts with the Department. Persons with whom we have worked in the past have told us that it is helpful to have information about our programs and policies.
This handbook is designed to provide you with basic information about DCS, programs and services we offer to victims of crime, and community referral information that may be beneficial to you and your family.
DCS is here to provide a comprehensive program of community correctional services, including Pre-Trial Services, Pre-Sentence Investigations, Probation Supervision, Residential Correctional Facilities, Work Release, Parole, Compact Services, a Youthful Offender Program (DETOUR), and Special Programs.
We are interested in any comments or ideas
you may have about how we can better serve the needs of crime victims and our
community. You may call the Victim
Liaison’s office at (319) 234-1745 ext. 306 during normal
business hours, mail information to:
Mary Roche – Victim
Liaison
312 East 6th
Street – PO Box 4030
Waterloo, IA 50704
Or email: mary.roche@doc.state.ia.us.
Important Phone Numbers
FIRST
JUDICIAL DISTRICT – DEPT. OF CORRECTIONAL SERVICES (DCS)
Victim
Liaison/VOIS Program: 234-1745 ext. 306
Probation/Parole
Office: 291-2091
Residential
Facility: 291-2087
Work Release Facility: 233-4704
BLACK HAWK COUNTY
ATTORNEY’S OFFICE
Victim/Witness Assistance Program: 833-3001
County Attorney’s Office: 833-3001
FAMILY SERVICE LEAGUE:
CRISIS SERVICES PROGRAM
24-Hour Hotline:
233-8484
Rape/Sexual Assault Program/Domestic Abuse
Program/Suicide Hotline
Telephone Support Services
BLACK HAWK COUNTY CLERK
OF COURTS OFFICE
833-3331
BLACK HAWK COUNTY SHERIFF’S OFFICE/JAIL
291-2587
CRIME VICTIM
COMPENSATION PROGRAM
1-800-373-5044
IOWA BOARD OF PAROLE
(515)
242-5757
STATE OF IOWA - DEPARTMENT OF CORRECITONS
OFFICE OF VICTIM
PROGRAMS
1-800-778-1182
Definition of Terms
Probation: the
suspension of a prison sentence and placement of a defendant by court order
under the supervision of Correctional Services (DCS) for a specified period of
time. Supervision emphasizes employment stability, victim restitution, community
service sentencing, use of community resources, one-on-one counseling, and
surveillance of the offender in the community.
Each offender is assessed to determine the level of supervision he/she
may require. These levels range from
low-risk to intensive levels of supervision.
Each level may have different requirements for the offender.
Parole: the
placement of an offender under supervision for a specified period of time after serving part of a prison sentence, or placement in
Work Release. Parole is granted by the
Parole Board.
Residential Facility
Placement: the placement of a defendant by court order
to a more intense level of supervision by living in, and abiding by all rules
and conditions of a residential facility.
Once facility placement is completed, the offender may continue to be
supervised on probation.
Work Release Facility
Placement: the placement of a defendant, after serving part of a prison sentence, to a more
intense level of supervision than parole.
Once facility placement is completed, the offender may continue to be
supervised on parole. Work Release
placements are decided by the Parole Board.
Introduction to Probation/Parole
When
an offender is placed under our supervision (probation or parole) the Department becomes involved with the offender
in a manner that is designed to assist the offender in developing a successful
living pattern within the community with the goal of law-abiding behavior. This may require considerable attitudinal
change, along with the development of work skills, obtaining employment, and
one or more of any number of specialized services provided by the Department -
or agencies to which it refers offenders for specialized services not available
within the Department. The objective is
to eliminate as many of the negative factors in the offender's life as possible
that may contribute to criminal behavior.
Working to eliminate
negative factors will not be effective with every offender. Varying degrees of supervision and
programming will be required in every case.
Experience has shown a majority of offenders will require considerable
assistance in the areas of education, job skills and employment. Many will be referred by the Department for
specialized services available from community agencies.
Frequently asked questions
are:
-
Where is the
offender?
-
Who is the
offender’s Probation/Parole Officer?
-
Who do I contact if
I have information about the offender?
If you have questions
about the offender in your case, you can call the Probation/Parole Office at
(319) 291-2091.
General
Rules of Probation
The following are
general rules that the majority of offenders agree to abide by when they are
placed under DCS supervision. However, each
offender is assessed individually and a “case plan” is developed with the
Probation or Parole Officer. In
addition, if an offender is placed in a facility – residential or work release
– additional conditions are applied. If
you would like more information about residential and/or work release facility
rules, please contact us and we will assist you.
1. Will
maintain suitable residence approved by the probation officer; will make no
change in residence without prior approval of that officer; and, will notify
that officer within seventy-two (72) hours of any change in telephone number
service.
2. Will not
leave the State of Iowa without obtaining prior written permission from
probation officer.
3. Will
secure and maintain employment or an educational program, as approved by the
probation officer:
4. Will obey
all laws (Federal, State, or City Ordinances) and will advise the probation
officer within twenty-four (24) hours of any arrest or citation issued, as well
as notify the arresting authorities of being on probation.
5. Will present proof of
adequate liability insurance or financial responsibility before owning or
operating a motor vehicle; and will not operate any motor vehicle without a
valid driver's license.
6. Will not
use or possess any illegal drugs or any prescription drugs without a valid
prescription; will submit to urinalysis and/or alcohol test upon request of the
probation officer.
7. Will
initiate and maintain specified contact with the probation officer and will
submit a written report as required; will notify the probation officer in
advance if an appointment cannot be kept.
Will not lie to, mislead, or misinform the probation officer either by
statement or omission of information.
8. Will
actively cooperate with and participate in any referral programs as directed by
the probation officer.
9. Will
comply with the Plan of Restitution or Plan for Community Services as ordered
and approved by the Court.
10. Shall
treat all persons with respect and courtesy and refrain from assaultive,
intimidating, or threatening verbal and physical behavior.
11. Will be in
the residence approved by the probation officer between the hours of 12:00
midnight and 5:00 a.m., except for the purposes of going to and from place of
employment unless prior arrangements have been made with the probation officer.
Any violation of these conditions is a violation of
probation, which could cause the probation to be revoked by the Court. A “revocation
hearing” may
occur in which the Probation/Parole Officer presents to the court the
offender’s violations. The court can
then decide to “revoke” probation and (1) the offender must serve his/her
sentence in jail or prison, or (2) give sanctions to the offender for the
violations but maintain his/her status on probation, or (3) change the
offender’s conditions of probation to address pertinent issues related to the
violations. The court can also decide
that there is not enough evidence to support a “revocation” and the offender
maintains his/her status.
Victim Rights
Every state has enacted laws that provide basic rights to
crime victims. Over half of the states
have amended their constitution to further protect the rights of crime
victims. According to Iowa law, you
have:
§
THE RIGHT TO INFORMATION about the scheduled date, time
and place of trial and to be informed of any plea agreements related to the
crime;
§
THE RIGHT TO MAKE A
VICTIM IMPACT STATEMENT
which you can write, or make an oral statement in the presence of the offender;
§
THE RIGHT TO INFORMATION about the conviction, sentencing,
imprisonment, and release of the offender;
§
THE RIGHT TO A VICTIM
ADVOCATE
while undergoing any medical, legal or judicial process related to the crime;
§
THE RIGHT TO RECEIVE
RESTITUTION from
the offender for economic losses related to the crime;
§
THE RIGHT TO APPLY FOR
COMPENSATION from
the Crime Victim Compensation Program that pays for medical expenses,
counseling services, and lost income in cases of violent crime.
§
THE RIGHT TO REGISTER with the Department of Justice,
Board of Parole and the Department of Corrections when an offender is sent to
prison so you can be notified of any appeals, parole hearings, and inmate
releases. You may contact the Iowa Board of Parole at (515) 242-5757.
State & National
Hotlines
Iowa
Statewide Domestic Abuse Hotline 800-942-0333
Iowa
Statewide Sexual Abuse Hotline 800-284-7821
Iowa
Department of Human Services Child & Dependent Adult
Abuse
24-Hour Hotline 800-362-2178
National
Center for Victims of Crime 800-394-2255
National
Center for Missing & Exploited Children
800-843-5678
TDD Hotline 800-826-7653
National
Domestic Violence Hotline 800-799-7223
TTY Hotline 800-797-3224
Rape, Abuse
& Incest National Network 800-656-4673
State & National
Non-Emergency Resources
Iowa
Attorney General’s Office – Crime Victim Assistance Division 800-373-5044
Mother’s
Against Drunk Driving 800-438-MADD
National
Children’s Alliance 800-239-9950
National
Organization for Victim Assistance 800-TRY-NOVA
Office
for Victims of Crime Resource Center 800-627-6872
Parents
of Murdered Children 888-818-POMC
Restitution
One of the conditions of probation/parole is Victim Restitution
and this is particularly important to many victims of crime. Prompt collection and distribution of
restitution to victims is a high departmental priority. The process of restitution is as follows:
1.
Prior to a
defendant’s sentencing, you should receive a Victim Impact Statement and a
restitution form in the mail from the County Attorney’s Office. If for some reason you do not receive these
forms, please phone the Victim Witness Assistance Program at (319) 833-3001.
2.
Restitution is set, by the court, upon the recommendation of the County
Attorney’s Office. The amount owed is
entered on the court order.
3.
The
offender’s “plan of payment” is calculated by the
probation/parole officer and entered on a court order within 90 days of the offender’s
placement on DCS supervision.
4.
The
restitution amount, payment schedule, name and address of the injured party are
entered into the Clerk of Courts Office records.
5.
The
offender makes payments (in person or by mail) to the Clerk of Courts Office. The payment is recorded and a receipt is
issued and credited to the restitution amount.
6.
On the 15th
of each month, the Clerk of Courts Office prints restitution checks from monies
received the previous month, and mails them to crime victims.
7.
Restitution
checks should be received until the amount is paid in full.
If
the Offender Doesn’t Pay Restitution:
Each probation/parole officer has the responsibility of
monitoring the restitution payments made by offenders. As might be expected, there are occasions
when offenders do not meet their court-ordered financial obligations. An offender, for example, may lose his/her
job, or may simply spend his/her money unwisely. In these cases, the officer will attempt to bring about
compliance by various means. For the
unemployed offender, a referral may be made to a job skills class. Budgeting and banking skills training may be
given to offenders who practice poor financial management. Or, a “wage assignment” may be ordered. Wage Assignments are similar to garnishments
in that an offender signs an agreement for his/her employer to take a defined
amount directly out of his/her paycheck.
These monies are then sent to the Clerk of Courts Office for
disbursement.
If the offender fails to take advantage of assistance and
continues to neglect restitution payments, at some point the court must be
notified. Practices vary regarding when
legal action will be taken against offenders who fail to make court-ordered
payments. There are also occasions when
the court may temporarily excuse an offender from payments, or may order
Community Service as an alternative.
The most important thing to remember is to call the Department for
information or assistance. We will do
our best to help resolve these issues with you.
Also, it is very important that if you are owed
restitution and have a change of address to contact the Clerk of Courts Office at (319) 833-3331 immediately with the updated
information. If you have not notified
them of a change of address and want to check if monies or property are owed to
you, you can contact the Great Iowa Treasure Hunt. Call the State Treasurer’s Office at (515) 281-5368, or you can visit their website at www.greatiowatreasurehunt.com.
DCS Victim Services
Victim Liaison:
The Victim Liaison is available to assist you with a
variety of questions you may have about DCS services, the following victim
services programs, and offender information.
Feel free to call (319) 234-1745 during normal business hours.
VOIS – Victim/Offender Intervention Services:
VOIS is a voluntary program that provides an opportunity
for you to actively participate in dealing with the consequences of the crime
committed against you. The goal of the program is for the parties most affected
by crime to have an opportunity to address:
1.
what
happened;
2.
how
it felt when the crime happened;
3.
why
it happened; and
4.
what
is needed for restitution or reparation.
Program
services include:
1.
having direct input into
Restitution or Reparation Agreements (Reparation Agreements are non-court-ordered program agreements between victims and offenders that are
used when restitution has already been resolved),
2.
assistance with referrals or
accessing information, and
3.
indirect
or direct
communication between victim(s) and offender(s).
Many victims and community members who have participated in
this program have found the experience to be beneficial. For those interested in
direct communication with the offender, a thorough assessment and preparation
process is conducted to determine the potential benefits and risks prior to
arranging a victim/offender meeting. If
you are interested or have questions about this program, please call the Victim
Liaison.
Victim Impact Classes/Panels:
Victim Impact Classes/Panels engage the assistance of victims/survivors
of crime from the community who volunteer to share their personal experience of
victimization with offenders by speaking on a panel. This program is part of a national program developed by Mothers
Against Drunk Driving and the California Youth Authority. The class covers such
topic areas as: property crimes, including theft, burglary, forgery, vandalism,
etc.; drugs and the impact on families and communities; crimes against the
elderly; child maltreatment; assault; robbery; domestic violence; sexual
assault; drunk driving; homicide; gang violence; and hate and bias crimes.
During each session, victims of these types of crimes
relate their personal accounts of the impact of the crime on themselves, their
families, and their community. Hearing
the stories of real victims may increase an offender’s sense of responsibility
for past criminal actions, increase his/her understanding of the long-term
impact of crime, and prevent further victimizations.
For victims/survivors who speak on panels, this can provide
a forum to express their feelings/thoughts resulting from the crime, possibly
gain something positive from a devastating experience, and assist in the effort
to prevent similar crimes from happening to someone else.
Please refer to our brochure for more information about
VOIS and Victim Impact Panels. Or you
may contact the Victim Liaison at (319) 234-1745 ext. 306.
We
also provide educational presentations to the community about these types of
programs. Please call us if you are interested
in educating others about these services.
Restorative Justice
Currently, when a crime occurs, the criminal justice system
asks these questions:
1.
Who
did it?
2.
What
laws were broken?
3.
How
will we punish the offender?
Restorative Justice views crime through a different
lens. It is a philosophy that views
crime primarily as a violation of the victim and the community. It defines accountability for offenders in
terms of taking responsibility for their actions, working to repair the harm
caused to the victim and the community, and attending to needs that both led to
and were created by the offense. It provides
for active participation of the victims, the offender and the community in the
process of repairing the fabric of community peace and safety.
*If crime is more than lawbreaking, justice
must require more than punishing or treating the offender. “I firmly believe
that Restorative Justice challenges us to design and administer a system that
places the needs of the victims and the harm done by the offending behavior at
the center of the process by which we sanction and hold the offender
accountable,” Betty Brown, Administrator of Victim and Restorative Justice
Programs (OVP), Iowa Department of Corrections.
The First Judicial District – Department of Correctional
Services is dedicated to the development and implementation of programs and
policies that are based on the philosophy of restorative justice.
*(Taken
from: Balanced and Restorative Justice
Training – Participant’s Guide).
Restorative Justice Task
Force
In our community, we have developed a Restorative Justice
Task Force. This Task Force consists of
community members, victims of crime, and representatives from the criminal
justice system, victim services, mental health agencies, the religious
community, and other service providers.
Membership is open to the public.
The primary goal of the Restorative Justice Task Force is
to identify and respond to crime issues in our community with a more
restorative approach. This includes
working committees that focus on the development, implementation and evaluation
of restorative justice-based programs, and increasing our understanding of the
needs of our community.
If you are interested in this Task Force, please call the
Victim Liaison at (319)234-1745 ext. 306.
State of Iowa Department
of Corrections’ Office of Victim and Restorative Justice Programs
If you are a victim of crime, and the offender is an inmate
in one of our prisons or facilities, the Department of Corrections’ Office of
Victim and Restorative Justice Programs (OVP) in Des Moines may be a
resource for you. The OVP facilitates
victims’ access to the Department by giving them opportunities to participate
in decisions concerning an offender’s liberty and providing them support,
information and restorative justice-based programs as appropriate.
You may call the Office of Victim Programs for information
on Restorative Justice-based programs throughout the state of Iowa at 1-800-778-1182.