§ 321J.24 — Court-ordered visitation for offenders — immunity from liability

Iowa § 321J.24

• Jurisdiction: Iowa
• Title VIII: TRANSPORTATION
• Ch. 321J: OPERATING WHILE INTOXICATED

Text

1. As used in this section, unless the context otherwise requires:
a. “Appropriate victim” means a victim whose condition demonstrates the results of a
motor vehicle accident involving intoxicated drivers without being excessively traumatic to
the participant, as determined by the tour supervisor.
b. “Participant” means a person who is ordered by the court to participate in the reality
education substance use disorder prevention program.
c. “Program” means the reality education substance use disorder prevention program.
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d. “Program coordinator” means a person appointed by the court to coordinate the
person’s participation in the program.
e. “Tour supervisor” means a person selected by a participant’s program coordinator to
supervise a tour.
2. A reality education substance use disorder prevention program is established in those
judicial districts where the chief judge of the judicial district authorizes participation in the
program. Upon a conviction or adjudication for a violation of section 321J.2, or the entry of
a deferred judgment concerning a violation of section 321J.2, the court or juvenile court may
order participation in the reality education substance use disorder prevention program as
a term and condition of probation or disposition in addition to any other term or condition
of probation or disposition required or authorized by law. The court or juvenile court
shall require the defendant or delinquent child to abstain from consuming any controlled
substance, alcoholic liquor, wine, or beer while participating in the program.
3. The court or juvenile court shall consult with the defendant or delinquent child and the
defendant’s or delinquent child’s attorney, if any, and may consult with any other person,
including but not limited to the defendant’s or delinquent child’s parents or other family
members, to determine if the defendant or delinquent child is suitable for participation in the
program, if the program will be educational and meaningful to the defendant or delinquent
child, and if any physical, emotional, mental, or other reasons exist which indicate that the
program would be inappropriate or would cause any injury to the defendant or delinquent
child.
4. The court or juvenile court may appoint a program coordinator, to coordinate all tours
and select appropriate tour supervisors for each tour. The program coordinator shall monitor
compliance by contacting each tour supervisor following the completion of a tour.
5. a. The court or juvenile court may include a requirement for a supervised educational
tour by the defendant or delinquent child to any or all of the following:
(1) A hospital or other emergency medical care facility which regularly receives victims
of motor vehicle accidents, to observe treatment of appropriate victims of motor vehicle
accidents involving intoxicated drivers, under the supervision of a registered nurse,
physician, paramedic, or emergency medical technician.
(2) A facility for the treatment of persons with a substance use disorder as defined in
section 125.2, under the supervision of appropriately licensed medical personnel.
(3) If approved by the state or county medical examiner, a morgue or a similar facility to
receive appropriate educational material and instruction concerning damage caused by the
consumptionofalcoholorotherdrugs, underthesupervisionofthecountymedicalexaminer
or deputy medical examiner.
b. However, the court or juvenile court shall not order the defendant or delinquent child
to participate in a supervised education tour of a hospital or other facility specified in this
subsection, unless the hospital or facility agrees to participate in the program.
6. Priortoatour,theprogramcoordinatorshallexplainanddiscusstheexperienceswhich
maybeencounteredduringthetourtotheparticipant. Iftheprogramcoordinatordetermines
at any time before or during a tour that the tour may be traumatic or otherwise inappropriate
for the participant, the program coordinator shall terminate the tour without prejudice to the
participant.
7. The court or juvenile court may order a personal conference after the tours with the
participant, the participant’s attorney, if any, and any other persons if available and deemed
necessary by the court or juvenile court, to discuss the experiences of the participant in the
program and how those experiences may impact the participant’s conduct. The court or
juvenilecourtmayordertheparticipanttowriteareportorletterconcerningtheparticipant’s
experiences in the program.
8. Tour supervisors and facilities toured during the program are not liable for any civil
damages resulting from injury to the participant, or civil damages caused by the participant
during or from any activities related to a tour, except for willful or grossly negligent acts
intended to, or reasonably expected to result in, such injury or damage.
9. The chief judge of the judicial district shall determine fees to be paid by participants
in the program. The judicial branch shall use the fees to pay all costs associated with the
§321J.24, OPERATING WHILE INTOXICATED 26
program. The court shall either require the participant to pay the fee in order to participate
in the program, or may waive the fee or collect a lesser amount upon a showing of cause.