Senate
File
385
-
Reprinted
SENATE
FILE
385
BY
COMMITTEE
ON
JUDICIARY
(SUCCESSOR
TO
SSB
1230)
(As
Amended
and
Passed
by
the
Senate
March
19,
2013
)
A
BILL
FOR
An
Act
modifying
the
imposition
of
certain
special
sentences.
1
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
2
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385
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385
Section
1.
Section
692A.106,
subsection
2,
Code
2013,
is
1
amended
to
read
as
follows:
2
2.
A
sex
offender
who
has
been
sentenced
to
a
special
3
sentence
under
section
903B.1
or
903B.2
,
shall
be
required
4
to
register
for
a
period
equal
to
the
term
of
the
special
5
sentence,
but
in
no
case
not
less
than
the
period
specified
6
in
subsection
1
,
unless
discharged
early
from
the
term
of
the
7
special
sentence
imposed
under
chapter
903B
.
8
Sec.
2.
NEW
SECTION
.
903B.3
Early
discharge
from
special
9
sentence.
10
1.
A
person
who
is
serving
a
special
sentence
prior
to,
11
on,
or
after
the
effective
date
of
this
Act,
may
file
an
12
application
in
district
court
seeking
an
early
discharge
from
13
the
term
of
the
special
sentence
imposed
under
this
chapter.
14
2.
An
application
shall
not
be
granted
unless
all
of
the
15
following
apply:
16
a.
The
person
was
eighteen
years
of
age
or
younger
when
the
17
offense
requiring
the
special
sentence
was
committed.
18
b.
The
victim
of
the
offense
requiring
the
special
sentence
19
was
thirteen
years
of
age
or
older
when
the
offense
was
20
committed.
21
c.
The
offense
requiring
the
special
sentence
did
not
22
involve
force
or
a
threat
of
force
and
was
not
done
against
the
23
will
of
the
victim.
24
d.
The
person
has
successfully
completed
all
sex
offender
25
treatment
programs
that
have
been
required.
26
e.
A
risk
assessment
has
been
completed
and
the
sex
offender
27
was
classified
as
a
low
or
low-to-moderate
risk
to
reoffend.
28
The
risk
assessment
used
to
assess
an
offender
as
a
low
or
29
low-to-moderate
risk
to
reoffend
shall
be
a
validated
risk
30
assessment
approved
by
the
department
of
corrections.
31
f.
The
person
is
not
incarcerated
when
the
application
is
32
filed.
33
3.
The
application
shall
be
filed
in
the
person’s
county
of
34
principal
residence.
35
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4.
Notice
of
any
application
shall
be
provided
to
the
county
1
attorney
of
the
county
of
the
person’s
principal
residence,
the
2
county
attorney
of
the
county
where
the
conviction
requiring
3
the
special
sentence
occurred,
and
the
department
of
public
4
safety.
The
county
attorney
where
the
conviction
occurred
5
shall
notify
the
victim
of
an
application
if
the
victim’s
6
address
is
known.
7
5.
The
court
shall
conduct
a
hearing
on
the
application
to
8
hear
any
evidence
deemed
appropriate
by
the
court.
A
victim,
9
as
defined
in
section
915.10
shall
be
provided
an
opportunity
10
to
be
heard
in
any
format
permissible
under
section
915.13.
11
6.
The
court,
after
the
hearing,
may
either
refuse
to
grant
12
the
application
or
order
that
the
person
be
discharged
early
13
from
the
term
of
the
special
sentence.
14
7.
A
copy
of
any
court
order
entered
pursuant
to
this
15
section
shall
be
sent
to
the
person,
the
county
attorney
of
the
16
person’s
principal
place
of
residence,
the
county
attorney
of
17
the
county
where
the
conviction
requiring
the
special
sentence
18
occurred,
and
the
victim,
if
the
address
of
the
victim
is
19
known.
20
8.
If
the
court
orders
the
person
discharged
early
from
the
21
term
of
the
special
sentence,
a
copy
of
the
early
discharge
22
order
shall
also
be
sent
to
the
department
of
corrections,
the
23
department
of
public
safety,
and
to
the
sheriff
of
the
county
24
of
the
person’s
principal
place
of
residence.
25
9.
If
the
court
orders
the
person
discharged
early
from
the
26
term
of
the
special
sentence,
the
person
shall
be
immediately
27
discharged
from
the
special
sentence,
and
the
person’s
name
and
28
relevant
information
shall
be
removed
from
the
sex
offender
29
registry
in
the
same
manner
as
if
the
person’s
required
period
30
of
registration
ended
under
chapter
692A.
31
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