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Senate Study Bill 2243

Conference Committee Text

PAG LIN
  1  1    Section 1.  Section 216A.136, Code 1995, is amended to read
  1  2 as follows:
  1  3    216A.136  STATISTICAL ANALYSIS CENTER – ACCESS TO RECORDS.
  1  4    The division shall maintain an Iowa statistical analysis
  1  5 center for the purpose of coordinating with data resource
  1  6 agencies to provide data and analytical information to
  1  7 federal, state, and local governments, and assist agencies in
  1  8 the use of criminal and juvenile justice data.  The division
  1  9 of criminal and juvenile justice planning and the statistical
  1 10 analysis center are considered criminal justice agencies for
  1 11 the purposes of receiving criminal history data.
  1 12 Notwithstanding any other provision of state law, unless
  1 13 prohibited by federal law or regulation, the division shall be
  1 14 granted access, for purposes of research and evaluation, to
  1 15 criminal history records, official juvenile court records,
  1 16 juvenile court social records, and any other data collected or
  1 17 under control of the board of parole, department of
  1 18 corrections, district departments of correctional services,
  1 19 department of human services, judicial department, department
  1 20 of public safety, and any other state agency.  The division
  1 21 shall comply with all federal and state confidentiality laws
  1 22 and regulations concerning the use of confidential information
  1 23 for research or evaluation purposes and the redissemination of
  1 24 information obtained under this section.  The access shall
  1 25 include but is not limited to all of the following:
  1 26    1.  Juvenile court records and all other information
  1 27 maintained under sections 232.147 through 232.153.
  1 28    2.  Child abuse information under sections 235A.15 through
  1 29 235A.19.
  1 30    3.  Dependent adult abuse records maintained under chapter
  1 31 235B.
  1 32    4.  Criminal history and intelligence data maintained under
  1 33 chapter 692.
  1 34    5.  Sex offender registry information maintained under
  1 35 chapter 692A.
  2  1    6.  Presentence investigation reports maintained under
  2  2 section 901.4.
  2  3    7.  Corrections records maintained under sections 904.601
  2  4 and 904.602.
  2  5    8.  Community-based correctional program records maintained
  2  6 under chapter 905.
  2  7    9.  Parole records maintained under chapter 906.
  2  8    10.  Deferred judgment, deferred or suspended sentence, and
  2  9 probation records maintained under chapter 907.
  2 10    11.  Violation of parole or probation records maintained
  2 11 under chapter 908.
  2 12    12.  Fines and victim restitution records maintained under
  2 13 chapters 909 and 910.  
  2 14                           EXPLANATION
  2 15    This bill provides for access by the division of criminal
  2 16 and juvenile justice planning of the department of human
  2 17 rights to confidential records held by other state agencies.
  2 18 A provision is stricken in section 216A.136 providing that the
  2 19 division and the division's statistical analysis center are
  2 20 considered criminal justice agencies for purposes of receiving
  2 21 criminal history data.  New language authorizes the division
  2 22 to have access to various criminal and juvenile justice
  2 23 records for purposes of evaluation and research.  The access
  2 24 is subject to prohibition under federal law or regulation.
  2 25    The bill lists specific agencies which must provide access
  2 26 as well as making a general grant of access to other state
  2 27 agency records.  The bill also lists specific Code provisions
  2 28 referring to records to which access is authorized.
  2 29 Redissemination of information obtained by the division is
  2 30 subject to compliance with applicable federal and state laws
  2 31 and regulations concerning the redissemination.  
  2 32 LSB 3730XL 76
  2 33 jp/jw/5.1
     
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