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 oftwenty=twotwenty-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