HF 2068 (LSB 5329YH (4) 88)

HOUSE FILE 2068

BY  HITE

A BILL FOR

An Act relating to the modification of sex offender registry requirements. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 692A.128, Code 2020, is amended to read as follows:
   692A.128  Modification.
   1.  A sex offender who is on probation, parole, work release, special sentence, or any other type of conditional release may file an application in district court seeking to modify the registration requirements under this chapter.
   2.  An application shall not be granted unless all of the following apply:
   a.  The date of the commencement of the requirement to register, or the date of the offender’s last registry violation, occurred at least two years prior to the filing of the application for a tier I offender an offender required to register for ten years and five years prior to the filing of the application for a tier II or III offender an offender required to register for life.
   b.  The sex offender has successfully completed all sex offender treatment programs that have been required.
   c.  A risk assessment has been completed and the sex offender was classified as a low risk to reoffend. The risk assessment used to assess an offender as a low risk to reoffend shall be a validated risk assessment approved by the department of corrections.
   d.  The sex offender is not incarcerated when the application is filed.
   e.  The director of the judicial district department of correctional services supervising the sex offender, or the director’s designee, stipulates to the modification, and a certified copy of the stipulation is attached to the application.
   3.  The application shall be filed in the sex offender’s county of principal residence.
   4.  Notice of any application shall be provided to the county attorney of the county of the sex offender’s principal residence, the county attorney of any county in this state where a conviction requiring the sex offender’s registration occurred, and the department. The county attorney where the conviction occurred shall notify the victim of an application if the victim’s address is known.
   5.  The court may, but is not required to, conduct a hearing on the application to hear any evidence deemed appropriate by the court. The court may modify the registration requirements under this chapter that imposed the sentence in the underlying criminal case shall conduct a hearing on the application. The court shall provide all parties including the victim and all other parties receiving notice under subsection 4 with the opportunity to be heard.
   a.  The victim may appear at the hearing and may provide the court with verbal or written testimony. 
   b.  At the hearing, the sex offender must establish by clear and convincing evidence the offender is not a current or potential threat to public safety and it is in the best interest of justice to grant the offender’s application.
   c.  In determining whether to grant or deny an application for a modification, the court may consider, in addition to the factors specified in subsection 2, any other evidence the court deems appropriate, including but not limited to all of the following:
   (1)  The sex offender’s age and level of maturity at the time of the offense.
   (2)  The sex offender’s age and level of maturity at the time of the application and hearing.
   (3)  Whether the sex offender has accepted responsibility for the offender’s actions.
   (4)  The victim’s age and level of maturity at the time of the offense.
   (5)  The nature of the offense.
   (6)  The severity of the offense.
   (7)  Any mitigating or aggravating factors surrounding the offense.
   (8)  The sex offender’s criminal history prior to the offense.
   (9)  The sex offender’s criminal history subsequent to the offense.
   (10)  Any statements offered by the victim.
   (11)  Whether the sex offender has maintained a stable residence.
   (12)  Whether the sex offender has maintained stable employment.
   (13)  Whether the sex offender has satisfied financial obligations, including but not limited to spousal support, child support, tax obligations, and court-ordered financial obligations.
   (14)  Whether the sex offender has adequately addressed any drug or alcohol abuse or addiction.
   (15)  Whether the sex offender has adequately addressed any mental health concerns.
   (16)  Any statements or letters of support.
   (17)  Any evidence of the sex offender’s community service or community involvement.
   d.  After the hearing, the court may grant or deny the application.
   6.  A sex offender may be granted a modification if the offender is required to be on the sex offender registry as a result of an adjudication for a sex offense, the offender is not under the supervision of the juvenile court or a judicial district judicial department of correctional services, and the department of corrections agrees to perform a risk assessment on the sex offender. However, all other provisions of this section not in conflict with this subsection shall apply to the application prior to an application being granted except that the sex offender is not required to obtain a stipulation from the director of a judicial district department of correctional services, or the director’s designee.
   7.  If the court modifies the registration requirements under this chapter, the court shall send a copy of the order to the department, the sheriff of the county of the sex offender’s principal residence, any county attorney notified in subsection 4, and the victim, if the victim’s address is known.
   8.  A sex offender may file an application under this section not more than once every two years.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the modification of sex offender registry requirements.
   Under current law, a tier I sex offender must wait two years after the date of the commencement of the requirement to register before filing an application for a modification of the sex offender registry requirements, and a tier II or III offender must wait five years. Under the bill, any sex offender required to register for 10 years must wait two years after the date of the commencement of the requirement to register, or the date of the offender’s last registry violation, to file an application for a modification, and an offender required to register for life must wait five years to file an application for a modification.
   Under current law, the court receiving an application from a sex offender for a modification of the sex offender registry requirements is not required to conduct a hearing on the application. The bill requires the court that imposed the sentence in the underlying criminal case to conduct a hearing and to allow all parties receiving notice of the application to be heard at the hearing. The bill requires the sex offender to prove by clear and convincing evidence the offender is not a current or potential threat to public safety and it is in the best interest of justice to grant the offender’s application. The bill allows the court to consider any evidence deemed appropriate and includes certain factors the court may consider in determining whether to grant or deny a sex offender’s application for modification. The bill prohibits an offender from filing an application for a modification more than once every two years.