2009 Iowa Code
Title 8 - Transportation
Subtitle 2 - Vehicles
CHAPTER 321J - OPERATING WHILE INTOXICATED
321J.24 - COURT-ORDERED VISITATION FOR OFFENDERS -- IMMUNITY FROM LIABILITY.

        321J.24  COURT-ORDERED VISITATION FOR OFFENDERS --
      IMMUNITY FROM LIABILITY.
         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 abuse prevention
      program.
         c.  "Program" means the reality education substance abuse
      prevention program.
         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 abuse 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 abuse 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.  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:
         a.  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.
         b.  A facility for the treatment of chemical substance abuse
      as defined in section 125.2, under the supervision of appropriately
      licensed medical personnel.
         c.  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 consumption
      of alcohol or other drugs, under the supervision of the county
      medical examiner or deputy medical examiner.
         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.  Prior to a tour, the program coordinator shall explain and
      discuss the experiences which may be encountered during the tour to
      the participant.  If the program coordinator determines 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 juvenile court may order the
      participant to write a report or letter concerning the participant'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 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.  

         92 Acts, ch 1231, §46; 97 Acts, ch 177, §23, 24; 98 Acts, ch 1047,
      §29
         Referred to in § 321J.2, 707.6A