Text: SF00293 Text: SF00295 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 SENATE FILE 294 1 2 1 3 AN ACT 1 4 RELATING TO LIFETIME REGISTRATION FOR CERTAIN SEX OFFENDERS, 1 5 THE PERFORMANCE OF SEX OFFENDER RISK ASSESSMENTS, AND THE 1 6 PROCEDURES FOR DISSEMINATION OF REGISTRY INFORMATION TO 1 7 AGENCIES AND THE PUBLIC. 1 8 1 9 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 1 10 1 11 Section 1. Section 13.2, Code 1999, is amended by adding 1 12 the following new subsection: 1 13 NEW SUBSECTION. 3A. Prosecute and defend all actions and 1 14 proceedings brought by or against any employee of a judicial 1 15 district department of correctional services in the 1 16 performance of an assessment of risk pursuant to chapter 692A. 1 17 Sec. 2. Section 692A.1, Code 1999, is amended by adding 1 18 the following new subsection: 1 19 NEW SUBSECTION. 1A. "Aggravated offense" means a 1 20 conviction for any of the following offenses: 1 21 a. Sexual abuse in the first degree in violation of 1 22 section 709.2. 1 23 b. Sexual abuse in the second degree in violation of 1 24 section 709.3. 1 25 c. Sexual abuse in the third degree in violation of 1 26 section 709.4, subsection 1. 1 27 d. Lascivious acts with a child in violation of section 1 28 709.8, subsection 1. 1 29 e. Assault with intent to commit sexual abuse in violation 1 30 of section 709.11. 1 31 f. Burglary in the first degree in violation of section 1 32 713.3, subsection 1, paragraph "d". 1 33 g. Kidnapping, if sexual abuse as defined in section 709.1 1 34 is committed during the offense. 1 35 h. Murder, if sexual abuse as defined in section 709.1 is 2 1 committed during the offense. 2 2 Sec. 3. Section 692A.1, subsection 9, Code 1999, is 2 3 amended to read as follows: 2 4 9. "Sexually violent predator" means a person who has been 2 5 convicted of an offense under the laws of this state or of 2 6 another state which would qualify the person as a sexually 2 7 violent predator under the federal Violent Crime Control and 2 8 Law Enforcement Act of 1994,Pub. L. No. 103-322, 108 Stat.2 9179842 U.S.C. } 14071(a)(3)(B), (C), (D), and (E). 2 10 Sec. 4. Section 692A.2, subsection 1, unnumbered paragraph 2 11 1, Code 1999, is amended to read as follows: 2 12 A person who has been convicted of a criminal offense 2 13 against a minor, an aggravated offense, sexual exploitation, 2 14 an other relevant offense, or a sexually violent offense in 2 15 this state or in another state, or in a federal, military, 2 16 tribal, or foreign court, or a person required to register in 2 17 another state under the state's sex offender registry, shall 2 18 register as provided in this chapter. A person required to 2 19 register under this chapter shall, upon a first conviction, 2 20 register for a period of ten years commencing as follows: 2 21 Sec. 5. Section 692A.2, subsection 3, Code 1999, is 2 22 amended to read as follows: 2 23 3. A person who is required to register under this chapter 2 24 shall, upon a second or subsequent conviction that requires a 2 25 second registration, or upon conviction of an aggravated 2 26 offense, or who has previously been convicted of one or more 2 27 offenses that would have required registration under this 2 28 chapter, register for the rest of the person's life. 2 29 Sec. 6. Section 692A.2, subsection 5, Code 1999, is 2 30 amended to read as follows: 2 31 5. A person who has been convicted of an offense under the 2 32 laws of this state or of another state which would qualify the 2 33 person as a sexually violent predator shall register as 2 34 provided in this chapterfor an indeterminate period2 35terminating only upon a determination by the sentencing court3 1that registration is no longer requiredfor life. 3 2 Sec. 7. Section 692A.3, subsection 1, Code 1999, is 3 3 amended to read as follows: 3 4 1. A person required to register under this chapter shall 3 5 register with the sheriff of the county of the person's 3 6 residence within ten days of establishment of residence in 3 7 this state or within ten days of any conviction for which the 3 8 person is not incarcerated, a release from custody, or 3 9 placement on probation, parole, or work release. A sheriff 3 10 shall accept the registration of a nonresident of the county, 3 11 if the person required to register is a full-time or part-time 3 12 student or is employed on a full-time or part-time basis in 3 13 the county. 3 14 Sec. 8. Section 692A.3, subsection 4, Code 1999, is 3 15 amended to read as follows: 3 16 4. A person required to register under this chapter shall 3 17 notify the sheriff of the county in which the person is 3 18 registered, within ten days of changing residence to a 3 19 location outside this state, of the new residence address and 3 20 any changes in telephone number or name. The sheriff shall 3 21 send a copy of the change to the department within three 3 22 working days of receipt of notice of the change. The person 3 23 must register with the registering agency of the other state 3 24 within ten days of changing residency, if persons are required 3 25 to register under the laws of the other state. The department 3 26or the sheriff of the county in this state in which the person3 27last resided mayshall notify the registering agency in the 3 28 other state of the registrant's new address, telephone number, 3 29 or name. 3 30 Sec. 9. Section 692A.5, Code 1999, is amended by adding 3 31 the following new subsection: 3 32 NEW SUBSECTION. f. Inform the person that if the person 3 33 is a nonresident of a state where the person is a full-time or 3 34 part-time student or is employed on a full-time or part-time 3 35 basis, the person must register with the sheriff of the county 4 1 where the person is employed or attending school. Full-time 4 2 or part-time means a period of time exceeding fourteen days or 4 3 an aggregate period of time exceeding thirty days during any 4 4 calendar year pursuant to 42 U.S.C. } 14071(a)(3)(F). 4 5 Sec. 10. Section 692A.10, subsection 4, Code 1999, is 4 6 amended to read as follows: 4 7 4. Adopt rules under chapter 17A, as necessary, to ensure 4 8 compliance with registration and verification requirements of 4 9 this chapter, to provide guidelines for persons required to 4 10 assist in obtaining registry information, and to provide a 4 11 procedure for the dissemination of information contained in 4 12 the registry. The procedure for the dissemination of 4 13 information shall include, but not be limited to, practical 4 14 guidelines for use by criminal or juvenile justice agencies in 4 15 determining when public release of information contained in 4 16 the registry is appropriate and a requirement that if a member 4 17 of the general public requests information regarding a 4 18 specific individual in the manner provided in section 692A.13,4 19subsection 6,the information shall be released. The 4 20 department, in developing the procedure, shall consult with 4 21 associations which represent the interests of law enforcement 4 22 officers. Rules adopted shall also include a procedure for 4 23 removal of information from the registry upon the reversal or 4 24 setting aside of a conviction of a person who is registered 4 25 under this chapter. 4 26 Sec. 11. Section 692A.10, Code 1999, is amended by adding 4 27 the following new subsection: 4 28 NEW SUBSECTION. 5. Submit sex offender registry data to 4 29 the federal bureau of investigation for entry of the data into 4 30 the national sex offender registry. 4 31 Sec. 12. Section 692A.13, unnumbered paragraph 1, Code 4 32 1999, is amended to read as follows: 4 33 Information contained in the sex offender registry is a 4 34 confidential record under section 22.7, subsection 9, and 4 35 shall only be disseminated or redisseminated as provided in 5 1 section 692A.13A or as follows: 5 2 Sec. 13. Section 692A.13, subsections 1 and 2, Code 1999, 5 3 are amended to read as follows: 5 4 1. The department,or asheriff, or a police department 5 5 may disclose information to criminal or juvenile justice 5 6 agencies for law enforcement or prosecution purposes. 5 7 2.TheA department listed under section 692A.13A or a 5 8 juvenile court officer conducting a risk assessment may 5 9 disclose information to government agencies which are 5 10 conducting confidential background investigations. 5 11 Sec. 14. Section 692A.13, subsection 3, unnumbered 5 12 paragraph 1, Code 1999, is amended to read as follows: 5 13 The department or a criminal or juvenile justice agency may 5 14 release relevant information from the registry except as 5 15 otherwise provided in section 692A.13A, subsection 3, to 5 16 members of the general public concerning a specific person who 5 17 is required to register under this chapter as follows: 5 18 Sec. 15. Section 692A.13, subsection 3, paragraph b, Code 5 19 1999, is amended to read as follows: 5 20 b. A county sheriff or a police department shall also 5 21 provide to any person upon requesta, access to the list of 5 22 all registrants in that county who have been classified as 5 23 "at-risk" in this state, however, records of persons protected 5 24 under 18 U.S.C. } 3521 shall not be disclosed. 5 25 Sec. 16. Section 692A.13, subsection 3, paragraph c, Code 5 26 1999, is amended by striking the paragraph. 5 27 Sec. 17. Section 692A.13, subsection 3, paragraph d, Code 5 28 1999, is amended to read as follows: 5 29d.c.TheUpon the appropriation of sufficient funds, the 5 30 department shall provide electronic access to relevant 5 31 information from the registrypertaining to offenders who are5 32convicted of a criminal offense against a minor, sexual5 33exploitation, an other relevant offense, or a sexually violent5 34offense on or after the effective date of this Act and who5 35have been classified as "at-risk"for the following: 6 1 (1) Persons who commit a criminal offense against a minor, 6 2 an aggravated offense, sexual exploitation, a sexually violent 6 3 offense, or an other relevant offense on or after the 6 4 effective date of this Act and who have been assessed to be a 6 5 "moderate-risk" or "high-risk". 6 6 (2) Persons who committed an offense prior to July 1, 6 7 1999, and who have been assessed to be a "moderate-risk" or 6 8 "high-risk" and whose opportunity to request a hearing 6 9 regarding the assessment of risk has lapsed. 6 10 Sec. 18. Section 692A.13, subsections 6 and 7, Code 1999, 6 11 are amended by striking the subsections. 6 12 Sec. 19. NEW SECTION. 692A.13A RISK ASSESSMENT AND 6 13 PUBLIC NOTIFICATION. 6 14 1. The department of corrections, the department of human 6 15 services, and the department of public safety shall, in 6 16 consultation with one another, develop methods and procedures 6 17 for the assessment of the risk that persons required to 6 18 register under this chapter pose of reoffending. The 6 19 department of corrections, in consultation with the department 6 20 of human services, the department of public safety, and the 6 21 attorney general, shall adopt rules relating to assessment 6 22 procedures. The assessment procedures shall include 6 23 procedures for the sharing of information between the 6 24 department of corrections, department of human services, the 6 25 juvenile court, and the division of criminal investigation of 6 26 the department of public safety, as well as the communication 6 27 of the results of the risk assessment to criminal and juvenile 6 28 justice agencies. The assignment of responsibility for the 6 29 assessment of risk shall be as follows: 6 30 a. The department of corrections or a judicial district 6 31 department of correctional services shall perform the 6 32 assessment of risk for persons who are incarcerated in 6 33 institutions under the control of the director of the 6 34 department of corrections, persons who are under the 6 35 supervision of the department of corrections or a judicial 7 1 district department of correctional services, and persons who 7 2 are under the supervision or control of the department of 7 3 corrections or a judicial district department of correctional 7 4 services through an interstate compact. 7 5 b. The department of human services shall perform the 7 6 assessment of risk for persons who are confined in 7 7 institutions under the control of the director of human 7 8 services, persons who are under the supervision of the 7 9 department of human services, and persons who are under the 7 10 supervision or control of the department of human services 7 11 through an interstate compact. 7 12 c. The division of criminal investigation of the 7 13 department of public safety shall perform the assessment of 7 14 risk for persons who have moved to Iowa but are not under the 7 15 supervision of the department of corrections, a judicial 7 16 district department of correctional services, or the 7 17 department of human services; federal parolees or 7 18 probationers; persons who have been released from a county 7 19 jail but are not under the supervision of the department of 7 20 corrections, a judicial district department of correctional 7 21 services, a juvenile court officer of the judicial branch, or 7 22 the department of human services; and persons who are 7 23 convicted and released by the courts and are not incarcerated 7 24 or placed under supervision pursuant to the court's sentencing 7 25 order. Assessments of persons who have moved to Iowa and 7 26 persons on federal parole or probation shall be performed on 7 27 an expedited basis if the person was classified as a person 7 28 with a high degree of likelihood of reoffending by the other 7 29 jurisdiction or the federal government. 7 30 d. A juvenile court officer shall perform the assessment 7 31 of risk for a juvenile who is adjudicated delinquent for a 7 32 criminal offense listed in section 692A.1 and who is under the 7 33 juvenile court officer's supervision. 7 34 2. Each department under subsection 1 or each juvenile 7 35 court officer conducting the assessment of risk shall notify 8 1 the offender as to the determination of the assessment 8 2 conducted by that department or officer. An appeal of an 8 3 assessment of risk determination performed by a department 8 4 shall be made in accordance with chapter 17A. An appeal of an 8 5 assessment of risk determination performed by a juvenile court 8 6 officer shall be made in accordance with rules adopted by the 8 7 department of public safety in consultation with the judicial 8 8 branch. 8 9 3. The department of public safety shall be responsible 8 10 for disclosing the assessment of risk information to a 8 11 criminal or juvenile justice agency for law enforcement, 8 12 prosecution, or for public notification purposes. A 8 13 department, or a criminal or juvenile justice agency, may 8 14 release the offender's name, address, a photograph, locations 8 15 frequented by the offender, and relevant criminal history 8 16 information from the registry and other relevant information. 8 17 The degree of public notification utilized by a criminal or 8 18 juvenile justice agency shall be determined as follows: 8 19 a. For offenders classified as "low-risk", registry 8 20 information may be distributed to a criminal or juvenile 8 21 justice agency or to members of the public upon requests made 8 22 through a criminal or juvenile justice agency or by electronic 8 23 access as provided in section 692A.13, subsection 3. 8 24 b. For offenders classified as "at-risk", including 8 25 "moderate-risk" or "high-risk", registry information may be 8 26 provided to any criminal or juvenile justice agency and to the 8 27 public which includes public and private agencies, 8 28 organizations, public places, public and private schools, 8 29 child care facilities, religious and youth organizations, 8 30 neighbors, and employers. However, if an offender is 8 31 classified as "high-risk", information may also be provided to 8 32 neighborhood associations or at community meetings. Registry 8 33 information may be distributed to the public by printed 8 34 materials, visual or audio press releases, and by a criminal 8 35 or juvenile justice agency's web page. The scope of 9 1 notification may include where the registrant resides, works, 9 2 attends school, or frequents. 9 3 Sec. 20. Section 901.4, Code 1999, is amended to read as 9 4 follows: 9 5 901.4 PRESENTENCE INVESTIGATION REPORT CONFIDENTIAL – 9 6 DISTRIBUTION. 9 7 The presentence investigation report is confidential and 9 8 the court shall provide safeguards to ensure its 9 9 confidentiality, including but not limited to sealing the 9 10 report, which may be opened only by further court order. At 9 11 least three days prior to the date set for sentencing, the 9 12 court shall serve all of the presentence investigation report 9 13 upon the defendant's attorney and the attorney for the state, 9 14 and the report shall remain confidential except upon court 9 15 order. However, the court may conceal the identity of the 9 16 person who provided confidential information. The report of a 9 17 medical examination or psychological or psychiatric evaluation 9 18 shall be made available to the attorney for the state and to 9 19 the defendant upon request. The reports are part of the 9 20 record but shall be sealed and opened only on order of the 9 21 court. If the defendant is committed to the custody of the 9 22 Iowa department of corrections and is not a class "A" felon, a 9 23 copy of the presentence investigation report shall be 9 24 forwarded to the director with the order of commitment by the 9 25 clerk of the district court and to the board of parole at the 9 26 time of commitment. The presentence investigation report may 9 27 also be released by the department of corrections or a 9 28 judicial district department of correctional services pursuant 9 29 to section 904.602 to another jurisdiction for the purpose of 9 30 providing interstate probation and parole compact services or 9 31 evaluations. The defendant or the defendant's attorney may 9 32 file with the presentence investigation report, a denial or 9 33 refutation of the allegations, or both, contained in the 9 34 report. The denial or refutation shall be included in the 9 35 report. If the person is sentenced for an offense which 10 1 requires registration under chapter 692A, the court shall 10 2 release the report to the department which is responsible 10 3 under section692A.13692A.13A for performing the assessment 10 4 of risk. 10 5 10 6 10 7 10 8 MARY E. KRAMER 10 9 President of the Senate 10 10 10 11 10 12 10 13 RON J. CORBETT 10 14 Speaker of the House 10 15 10 16 I hereby certify that this bill originated in the Senate and 10 17 is known as Senate File 294, Seventy-eighth General Assembly. 10 18 10 19 10 20 10 21 MICHAEL E. MARSHALL 10 22 Secretary of the Senate 10 23 Approved , 1999 10 24 10 25 10 26 10 27 THOMAS J. VILSACK 10 28 Governor
Text: SF00293 Text: SF00295 Text: SF00200 - SF00299 Text: SF Index Bills and Amendments: General Index Bill History: General Index
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