Senate File 2036 - Enrolled

PAG LIN



  1  1                                             SENATE FILE 2036
  1  2
  1  3                             AN ACT
  1  4 RELATING TO THE DIVISION OF CRIMINAL AND JUVENILE JUSTICE
  1  5    PLANNING OF THE DEPARTMENT OF HUMAN RIGHTS BY MAKING
  1  6    CHANGES TO THE MEMBERSHIP OF THE COUNCIL, PERMITTING
  1  7    ACCESS TO THE RECORDS OF THE DEPARTMENT OF WORKFORCE
  1  8    DEVELOPMENT, AND MODIFYING THE SEX OFFENDER TREATMENT
  1  9    AND SUPERVISION TASK FORCE.
  1 10
  1 11 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  1 12
  1 13    Section 1.  Section 216A.132, subsection 1, unnumbered
  1 14 paragraph 1, Code Supplement 2007, is amended to read as
  1 15 follows:
  1 16    A criminal and juvenile justice planning advisory council
  1 17 is established consisting of twenty=two twenty-three members.
  1 18    Sec. 2.  Section 216A.132, subsection 1, paragraph b, Code
  1 19 Supplement 2007, is amended to read as follows:
  1 20    b.  The departments of human services, corrections, and
  1 21 public safety, the division on the status of
  1 22 African=Americans, the Iowa department of public health, the
  1 23 chairperson of the board of parole, the attorney general, the
  1 24 state public defender, the governor's office of drug control
  1 25 policy, and the chief justice of the supreme court shall each
  1 26 designate a person to serve on the council.  The person
  1 27 appointed by the Iowa department of public health shall be
  1 28 from the departmental staff who administer the comprehensive
  1 29 substance abuse program under chapter 125.
  1 30    Sec. 3.  Section 216A.136, unnumbered paragraph 1, Code
  1 31 2007, is amended to read as follows:
  1 32    The division shall maintain an Iowa statistical analysis
  1 33 center for the purpose of coordinating with data resource
  1 34 agencies to provide data and analytical information to
  1 35 federal, state, and local governments, and assist agencies in
  2  1 the use of criminal and juvenile justice data.
  2  2 Notwithstanding any other provision of state law, unless
  2  3 prohibited by federal law or regulation, the division shall be
  2  4 granted access, for purposes of research and evaluation, to
  2  5 criminal history records, official juvenile court records,
  2  6 juvenile court social records, and any other data collected or
  2  7 under control of the board of parole, department of
  2  8 corrections, department of workforce development, district
  2  9 departments of correctional services, department of human
  2 10 services, judicial branch, and department of public safety.
  2 11 However, intelligence data and peace officer investigative
  2 12 reports maintained by the department of public safety shall
  2 13 not be considered data for the purposes of this section.  Any
  2 14 record, data, or information obtained by the division under
  2 15 this section and the division itself is subject to the federal
  2 16 and state confidentiality laws and regulations which are
  2 17 applicable to the original record, data, or information
  2 18 obtained by the division and to the original custodian of the
  2 19 record, data, or information.  The access shall include but is
  2 20 not limited to all of the following:
  2 21    Sec. 4.  Section 216A.136, Code 2007, is amended by adding
  2 22 the following new subsection:
  2 23    NEW SUBSECTION.  13.  Employment records maintained under
  2 24 section 96.11.
  2 25    Sec. 5.  NEW SECTION.  216A.139  SEX OFFENDER RESEARCH
  2 26 COUNCIL.
  2 27    1.  The division shall establish and maintain a council to
  2 28 study and make recommendations for treating and supervising
  2 29 adult and juvenile sex offenders in institutions,
  2 30 community=based programs, and in the community.
  2 31    2.  Members of the council shall include members of the
  2 32 general assembly selected by the legislative council and one
  2 33 representative of each of the following:
  2 34    a.  The department of corrections.
  2 35    b.  The department of human services.
  3  1    c.  The department of public safety.
  3  2    d.  The state public defender.
  3  3    e.  The department of public health.
  3  4    f.  The juvenile court appointed by the judicial branch.
  3  5    g.  A judicial district department of correctional
  3  6 services.
  3  7    h.  The board of parole.
  3  8    i.  The department of justice.
  3  9    j.  The Iowa county attorneys association.
  3 10    k.  The American civil liberties union of Iowa.
  3 11    l.  The Iowa state sheriffs' and deputies' association.
  3 12    m.  The Iowa coalition against sexual assault.
  3 13    3.  The council shall study the following:
  3 14    a.  The effectiveness of electronically monitoring sex
  3 15 offenders.
  3 16    b.  The cost and effectiveness of special sentences
  3 17 pursuant to chapter 903B.
  3 18    c.  Risk assessment models created for sex offenders.
  3 19    d.  Determining the best treatment programs available for
  3 20 sex offenders and the efforts of Iowa and other states to
  3 21 implement treatment programs.
  3 22    e.  The efforts of Iowa and other states to prevent sex
  3 23 abuse related crimes including child sex abuse.
  3 24    f.  Any other issues the council deems necessary, including
  3 25 but not limited to computer and internet sex=related crimes,
  3 26 sex offender case management, best practices for sex offender
  3 27 supervision, the sex offender registry, and the effectiveness
  3 28 of safety zones.
  3 29    4.  The council shall submit a report, beginning January
  3 30 15, 2009, and every year thereafter by January 15, to the
  3 31 governor and general assembly regarding actions taken, issues
  3 32 studied, and council recommendations.
  3 33    5.  Members of the council shall receive actual and
  3 34 necessary expenses incurred while attending any meeting of the
  3 35 council and may also be eligible to receive compensation as
  4  1 provided in section 7E.6.  All expense moneys paid to the
  4  2 nonlegislative members shall be paid from funds appropriated
  4  3 to the division.  Legislative members shall receive
  4  4 compensation as provided in sections 2.10 and 2.12.
  4  5    6.  Vacancies shall be filled by the original appointing
  4  6 authority in the manner of the original appointments.
  4  7    Sec. 6.  2005 Iowa Acts, chapter 158, section 52, is
  4  8 repealed.
  4  9
  4 10
  4 11                                                             
  4 12                               JOHN P. KIBBIE
  4 13                               President of the Senate
  4 14
  4 15
  4 16                                                             
  4 17                               PATRICK J. MURPHY
  4 18                               Speaker of the House
  4 19
  4 20    I hereby certify that this bill originated in the Senate and
  4 21 is known as Senate File 2036, Eighty=second General Assembly.
  4 22
  4 23
  4 24                                                             
  4 25                               MICHAEL E. MARSHALL
  4 26                               Secretary of the Senate
  4 27 Approved                , 2008
  4 28
  4 29
  4 30                                
  4 31 CHESTER J. CULVER
  4 32 Governor