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PAG LIN 1 1 Section 1. Section 692A.3, subsections 2, 3, and 4, Code 1 2 1997, are amended to read as follows: 1 3 2. A person required to register under this chapter shall, 1 4 within ten days of changing residence within a county in this 1 5 state or within ten days of a change in the person's name as a 1 6 result of divorce, marriage, or a legal name change, notify 1 7 the sheriff of the county in which the person is registered of 1 8 the change of address and any changes in the person's 1 9 telephone number or the change of name in writing on a form 1 10 provided by the sheriff. The sheriff shall send a copy of the 1 11 change ofaddressinformation to the department within three 1 12 working days of receipt of notice of theaddresschange. The 1 13 sex offender registry shall maintain and make available 1 14 information from the registry cross-referenced by name at the 1 15 time of conviction and by name subsequent to any change. 1 16 3. A person required to register under this chapter shall 1 17 register with the sheriff of a county in which residence has 1 18 been newly established and notify the sheriff of the county in 1 19 which the person was registered, within ten days of changing 1 20 residence to a location outside the county in which the person 1 21 was registered. Registration shall be in writing on a form 1 22 provided by the sheriff and shall include the person's change 1 23 of address and any changes to the person's telephone number or 1 24 name. The sheriff shall send a copy of the change ofaddress1 25 information to the department within three working days of 1 26 receipt of notice of theaddresschange. 1 27 4. A person required to register under this chapter shall 1 28 notify the sheriff of the county in which the person is 1 29 registered, within ten days of changing residence to a 1 30 location outside this state, of the new residence address and 1 31 any changes in telephone numberand shall register in the1 32other state within the ten days, if persons are required to1 33register under the laws of the other stateor name. The 1 34 sheriff shall send a copy of the changeof addressto the 1 35 department within three working days of receipt of notice of 2 1 theaddresschange. The person must register with the 2 2 registering agency of the other state within ten days of 2 3 changing residency, if persons are required to register under 2 4 the laws of the other state. The department or the sheriff of 2 5 the county in this state in which the person last resided may 2 6 notify the registering agency in the other state of the 2 7 registrant's new address, telephone number, or name. 2 8 Sec. 2. Section 692A.5, subsection 1, Code Supplement 2 9 1997, is amended by adding the following new paragraph: 2 10 NEW PARAGRAPH. f. Inform the person that if the person 2 11 changes the person's name, the person must give the person's 2 12 new name to the sheriff's department in the county of the 2 13 person's residence within ten days of changing names. 2 14 Sec. 3. Section 692A.5, subsection 2, unnumbered paragraph 2 15 2, Code Supplement 1997, is amended to read as follows: 2 16 If the offender refuses to register, the sheriff, warden, 2 17 or superintendent shall immediately notify a prosecuting 2 18 attorney of the refusal to register. The prosecuting attorney 2 19mayshall bring a contempt of court action against the 2 20 offender in the county in which the offender was convicted or, 2 21 if the offender no longer resides in that county, in the 2 22 county in which the offender resides. An offender who refuses 2 23 to registermayshall be held in contempt and may be 2 24 incarcerated following the entry of judgment by the court on 2 25 the contempt action until the offender complies with the 2 26 registration requirements. 2 27 Sec. 4. Section 692A.9, Code 1997, is amended to read as 2 28 follows: 2 29 692A.9 REGISTRATION FORMS. 2 30 Registration forms shall be prepared by the department and 2 31 shall include the registrant's name at the time of conviction 2 32 and any change of name as a result of divorce, marriage, or 2 33 legal name change, the registrant's social security number, 2 34 date of birth, the registrant's current address, and, if 2 35 applicable, the registrant's telephone number. The forms may 3 1 provide for the reporting of additional relevant information 3 2 such as, but not limited to, fingerprints and photographs but 3 3 shall not include information identifying the victim of the 3 4 crime of which the registrant was convicted. Copies of blank 3 5 forms shall be available upon request to any person from the 3 6 sheriff. 3 7 Sec. 5. Section 692A.10, subsection 4, Code 1997, is 3 8 amended to read as follows: 3 9 4. Adopt rules under chapter 17A, as necessary, to ensure 3 10 compliance with registration and verification requirements of 3 11 this chapter, to provide guidelines for persons required to 3 12 assist in obtaining registry information, and to provide a 3 13 procedure for the dissemination of information contained in 3 14 the registry. The procedure for the dissemination of 3 15 information shall include, but not be limited to, practical 3 16 guidelines for use by criminal or juvenile justice agenciesin3 17determining when publicfor release of information contained 3 18 in the registryis appropriate and a requirement that if a3 19member of the general public requests information regarding a3 20specific individual in the manner provided in section 692A.13,3 21subsection 6, the information shall be released. The 3 22 department, in developing the procedure, shall consult with 3 23 associations which represent the interests of law enforcement 3 24 officers. Rules adopted shall also include a procedure for 3 25 removal of information from the registry upon the reversal or 3 26 setting aside of a conviction of a person who is registered 3 27 under this chapter. 3 28 Sec. 6. Section 692A.13, subsection 3, Code 1997, is 3 29 amended to read as follows: 3 30 3. The department or a criminal or juvenile justice agency 3 31with case-specific authorization from the departmentmay 3 32 release relevant information from the registryregarding a3 33criminal offense against a minor, sexual exploitation, or a3 34sexually violent offense, that is necessary to protect theto 3 35 members of the general public concerning a specific person who 4 1 is required to register under this chapter as follows: 4 2 a. Any person may contact a sheriff's office or a police 4 3 department in writing to request information regarding any 4 4 person required to register. A request for information shall 4 5 include the name and one or more of the following identifiers 4 6 pertaining to the person about whom information is sought: 4 7 (1) The person's date of birth. 4 8 (2) The person's social security number. 4 9 (3) The person's address. 4 10 b. A county sheriff or a police department shall also 4 11 provide to any person upon request a list of all registrants 4 12 in that county who are classified as "at-risk". 4 13 c. For offenders who are classified as "at-risk", the 4 14 department or a criminal or juvenile justice agency may also 4 15 release the offender's name, a photograph, locations 4 16 frequented by the offender, and relevant criminal history 4 17 information from the registry to public and private schools, 4 18 child day care centers, family day care providers, businesses, 4 19 and organizations that serve primarily children, women, or 4 20 vulnerable adults, and neighbors and community groups, or to 4 21 the public at large. The extent of public disclosure of the 4 22 information shall be rationally related to the following: 4 23 (1) The level of risk posed by the offender to the 4 24 community. 4 25 (2) The locations where the offender resides, expects to 4 26 reside, or is regularly found. 4 27 (3) The needs of the affected community members for 4 28 information to enhance their individual and collective safety. 4 29 d. The department shall provide electronic access to 4 30 relevant information from the registry pertaining to offenders 4 31 who have been classified as "at-risk". 4 32 Sec. 7. Section 692A.13, subsection 6, Code 1997, is 4 33 amended by striking the subsection and inserting in lieu 4 34 thereof the following: 4 35 6. The department of corrections, the department of human 5 1 services, and the division of criminal investigation of the 5 2 department of public safety shall, in consultation with one 5 3 another, develop methods and procedures for the assessment of 5 4 the risk that persons required to register under this chapter 5 5 pose of reoffending. The department of corrections, the 5 6 department of human services, and the division of criminal 5 7 investigation of the department of public safety shall, in 5 8 consultation with one another, adopt rules relating to 5 9 assessment procedures. The assessment procedures shall 5 10 include procedures for the sharing of information between the 5 11 department of corrections, department of human services, and 5 12 the division of criminal investigation of the department of 5 13 public safety, as well as the communication of the results of 5 14 the risk assessment to criminal and juvenile justice agencies. 5 15 The assignment of responsibility for the assessment of risk 5 16 shall be as follows: 5 17 a. The department of corrections shall perform the 5 18 assessment of risk for persons who are incarcerated in 5 19 institutions under the control of the director of the 5 20 department of corrections, persons who are under the 5 21 supervision of the department of corrections or a judicial 5 22 district department of correctional services, and persons who 5 23 are under the supervision or control of the department of 5 24 corrections or a judicial district department of correctional 5 25 services through an interstate compact. 5 26 b. The department of human services shall perform the 5 27 assessment of risk for persons who are confined in 5 28 institutions under the control of the director of human 5 29 services, persons who are under the supervision of the 5 30 department of human services, and persons who are under the 5 31 supervision or control of the department of human services 5 32 through an interstate compact. 5 33 c. The division of criminal investigation of the 5 34 department of public safety shall perform the assessment of 5 35 risk for persons who have moved to Iowa but are not under the 6 1 supervision of the department of corrections, a judicial 6 2 department of correctional services, or the department of 6 3 human services; for federal parolees or probationers; for 6 4 persons who have been released from a county jail but are not 6 5 under the supervision of the department of corrections, a 6 6 judicial department of correctional services, or the 6 7 department of human services; and for persons who are 6 8 convicted and released by the courts and are not incarcerated 6 9 or placed under supervision pursuant to the court's sentencing 6 10 order. 6 11 Sec. 8. Section 692A.13, Code 1997, is amended by adding 6 12 the following new subsection: 6 13 NEW SUBSECTION. 6A. By January 1, 1999, the department of 6 14 corrections, the department of human services, and the 6 15 division of criminal investigation of the department of public 6 16 safety shall, in consultation with one another and 6 17 associations which represent criminal and juvenile justice 6 18 agencies, develop a model policy for disclosure of information 6 19 about persons required to register under this chapter to 6 20 members of the general public. The model policy shall be 6 21 designed to further the objectives of providing adequate and 6 22 timely notice to the community concerning sex offenders who 6 23 are or will be residing in the community and of assisting 6 24 community members in developing constructive plans to prepare 6 25 themselves. 6 26 EXPLANATION 6 27 This bill makes changes in the notification and offender 6 28 reporting requirements under the sex offender registry chapter 6 29 of the Code and provides a mechanism for the assessment of 6 30 offender risk. 6 31 Language is added to the provisions relating to changes in 6 32 information pertaining to a registrant to require that the 6 33 person provide information relating to certain new legal name 6 34 changes and to provide that the registry be cross-referenced 6 35 by name at the time of conviction and by name subsequent to 7 1 any change. The bill also requires that sex offenders who 7 2 move to another state must register with the registering 7 3 agency of the other state within 10 days of changing residency 7 4 if sex offenders are required to register under the laws of 7 5 that state. The department or the sheriff of the county in 7 6 this state may notify the registering agency in the other 7 7 state of the registrant's new address, telephone number, or 7 8 name. 7 9 The contempt procedures applicable to an offender refusing 7 10 to register are changed to require a prosecutor to bring a 7 11 contempt of court action and to permit the action to be 7 12 brought in the county where the offender resides if the 7 13 offender no longer resides in the county in which the 7 14 conviction for the sex offense was obtained. 7 15 The public notification provisions are modified to provide 7 16 that any person may contact a sheriff's office or police 7 17 department in writing to request information regarding any 7 18 person who is required to register. The request must include 7 19 the registrant's name and at least one of the following 7 20 additional identifiers: the registrant's date of birth, 7 21 social security number, or address. Additionally, the county 7 22 sheriff or a police department is to provide to any person 7 23 upon request a list of all registrants in that county who are 7 24 classified as "at-risk" of reoffending. For offenders who are 7 25 classified as "at-risk", the department or a criminal or 7 26 juvenile justice agency may release the offender's name, a 7 27 photograph, locations frequented by the offender, and relevant 7 28 criminal history information from the registry to public and 7 29 private schools, child day care centers, family day care 7 30 providers, businesses and organizations that serve primarily 7 31 children, women, or vulnerable adults, and neighbors and 7 32 community groups, or to the public at large. Releases of 7 33 information are to be rationally related to the level of risk 7 34 posed by the offender, the locations where the offender 7 35 resides or may be found, and the needs of the affected 8 1 community members. The department is also to provide 8 2 electronic access to relevant information from the registry 8 3 which pertains to offenders who have been classified as "at- 8 4 risk". 8 5 The department of corrections, the department of human 8 6 services, and the division of criminal investigation of the 8 7 department of public safety, in consultation with one another, 8 8 shall develop methods and procedures for the assessment of 8 9 persons required to register as sex offenders and sexually 8 10 violent predators and are to perform assessments of offenders 8 11 who are under their respective jurisdictions. The departments 8 12 are also to include as part of the assessment procedures, 8 13 procedures for the sharing of information between the 8 14 departments and communication of the risk assessment results 8 15 to criminal and juvenile justice agencies. 8 16 The department of corrections, the department of human 8 17 services, and the division of criminal investigation of the 8 18 department of public safety, in consultation with each other 8 19 and the associations which represent criminal and juvenile 8 20 justice agencies, are to develop, by January 1, 1999, a model 8 21 policy for disclosure of information to members of the public 8 22 about persons required to register as sex offenders. 8 23 LSB 3002XS 77 8 24 lh/jl/8
Text: SF02115 Text: SF02117 Text: SF02100 - SF02199 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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