Text: SSB01109 Text: SSB01111 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
PAG LIN 1 1 Section 1. Section 692A.1, Code 1999, is amended by adding 1 2 the following new subsection: 1 3 NEW SUBSECTION. 1A. "Aggravated offense" means a 1 4 conviction for any of the following offenses: 1 5 a. Sexual abuse in the second degree in violation of 1 6 section 709.3. 1 7 b. Sexual abuse in the third degree in violation of 1 8 section 709.4, subsection 1. 1 9 c. Lascivious acts with a child in violation of section 1 10 709.8, subsection 1. 1 11 d. Assault with intent to commit sexual abuse in violation 1 12 of section 709.11. 1 13 e. Burglary in the first degree in violation of section 1 14 713.3, subsection 1, paragraph "d". 1 15 f. Kidnapping, if sexual abuse as defined in section 709.1 1 16 is committed during the offense. 1 17 g. Murder, if sexual abuse as defined in section 709.1 is 1 18 committed during the offense. 1 19 Sec. 2. Section 692A.2, subsection 3, Code 1999, is 1 20 amended to read as follows: 1 21 3. A person who is required to register under this chapter 1 22 shall, upon a second or subsequent conviction or upon 1 23 conviction of a sexually violent offense which is an 1 24 aggravated offense, register for the rest of the person's 1 25 life. 1 26 Sec. 3. Section 692A.10, subsection 4, Code 1999, is 1 27 amended to read as follows: 1 28 4. Adopt rules under chapter 17A, as necessary, to ensure 1 29 compliance with registration and verification requirements of 1 30 this chapter, to provide guidelines for persons required to 1 31 assist in obtaining registry information, and to provide a 1 32 procedure for the dissemination of information contained in 1 33 the registry. The procedure for the dissemination of 1 34 information shall include, but not be limited to, practical 1 35 guidelines for use by criminal or juvenile justice agencies in 2 1 determining when public release of information contained in 2 2 the registry is appropriate and a requirement that if a member 2 3 of the general public requests information regarding a 2 4 specific individual in the manner provided in section 692A.13,2 5subsection 6,the information shall be released. The 2 6 department, in developing the procedure, shall consult with 2 7 associations which represent the interests of law enforcement 2 8 officers. Rules adopted shall also include a procedure for 2 9 removal of information from the registry upon the reversal or 2 10 setting aside of a conviction of a person who is registered 2 11 under this chapter. 2 12 Sec. 4. Section 692A.10, Code 1999, is amended by adding 2 13 the following new subsection: 2 14 NEW SUBSECTION. 5. Submit sex offender registry data to 2 15 the federal bureau of investigation for entry of the data into 2 16 the national sex offender registry. 2 17 Sec. 5. Section 692A.13, subsections 1 and 2, Code 1999, 2 18 are amended to read as follows: 2 19 1. The department,or asheriff, or a police department 2 20 may disclose information to criminal or juvenile justice 2 21 agencies for law enforcement or prosecution purposes. 2 22 2.TheA department listed under section 692A.13A or a 2 23 juvenile court officer conducting a risk assessment may 2 24 disclose information to government agencies which are 2 25 conducting confidential background investigations. 2 26 Sec. 6. Section 692A.13, subsection 3, paragraph b, Code 2 27 1999, is amended to read as follows: 2 28 b. A county sheriff or a police department shall also 2 29 provide to any person upon requesta, access to the list of 2 30 all registrants in that countywho have been classified as2 31"at-risk" in this state, however, records of persons protected 2 32 under 18 U.S.C. } 3521 shall not be disclosed. 2 33 Sec. 7. Section 692A.13, subsection 3, paragraph c, Code 2 34 1999, is amended by striking the paragraph. 2 35 Sec. 8. Section 692A.13, subsection 3, paragraph d, Code 3 1 1999, is amended to read as follows: 3 2d.c.TheUpon the appropriation of sufficient funds, the 3 3 department shall provide electronic access to relevant 3 4 information from the registry pertaining to offenders who are 3 5 convicted of a criminal offense against a minor, sexual 3 6 exploitation, an other relevant offense, or a sexually violent 3 7 offense on or after the effective date of this Act and who 3 8 have been classified as "at-risk" as determined under rules 3 9 adopted by the department pursuant to section 692A.13A. 3 10 Sec. 9. Section 692A.13, subsections 6 and 7, Code 1999, 3 11 are amended by striking the subsections. 3 12 Sec. 10. NEW SECTION. 692A.13A RISK ASSESSMENT AND 3 13 PUBLIC NOTIFICATION. 3 14 1. The department of corrections, the department of human 3 15 services, and the department of public safety shall, in 3 16 consultation with one another, develop methods and procedures 3 17 for the assessment of the risk that persons required to 3 18 register under this chapter pose of reoffending. The 3 19 department of corrections, in consultation with the department 3 20 of human services, the department of public safety, and the 3 21 attorney general, shall adopt rules relating to assessment 3 22 procedures. The assessment procedures shall include 3 23 procedures for the sharing of information between the 3 24 department of corrections, department of human services, the 3 25 juvenile court, and the division of criminal investigation of 3 26 the department of public safety, as well as the communication 3 27 of the results of the risk assessment to criminal and juvenile 3 28 justice agencies. The assignment of responsibility for the 3 29 assessment of risk shall be as follows: 3 30 a. The department of corrections shall perform the 3 31 assessment of risk for persons who are incarcerated in 3 32 institutions under the control of the director of the 3 33 department of corrections, persons who are under the 3 34 supervision of the department of corrections or a judicial 3 35 district department of correctional services, and persons who 4 1 are under the supervision or control of the department of 4 2 corrections or a judicial district department of correctional 4 3 services through an interstate compact. 4 4 b. The department of human services shall perform the 4 5 assessment of risk for persons who are confined in 4 6 institutions under the control of the director of human 4 7 services, persons who are under the supervision of the 4 8 department of human services, and persons who are under the 4 9 supervision or control of the department of human services 4 10 through an interstate compact. 4 11 c. The division of criminal investigation of the 4 12 department of public safety shall perform the assessment of 4 13 risk for persons who have moved to Iowa but are not under the 4 14 supervision of the department of corrections, a judicial 4 15 district department of correctional services, or the 4 16 department of human services; federal parolees or 4 17 probationers; persons who have been released from a county 4 18 jail but are not under the supervision of the department of 4 19 corrections, a judicial district department of correctional 4 20 services, a juvenile court officer of a judicial district 4 21 department of correctional services, or the department of 4 22 human services; and persons who are convicted and released by 4 23 the courts and are not incarcerated or placed under 4 24 supervision pursuant to the court's sentencing order. 4 25 Assessments of persons who have moved to Iowa and persons on 4 26 federal parole or probation shall be performed on an expedited 4 27 basis if the person was classified as a person with a high 4 28 degree of likelihood of reoffending by the other jurisdiction 4 29 or the federal government. 4 30 d. A juvenile court officer shall perform the assessment 4 31 of risk for a juvenile who is adjudicated delinquent for a 4 32 criminal offense listed in section 692A.1 and who is under the 4 33 juvenile court officer's supervision. 4 34 2. A department or juvenile court officer conducting the 4 35 assessment of risk shall notify the offender as to the 5 1 determination of the assessment. An appeal of an assessment 5 2 of risk determination shall be made in accordance with chapter 5 3 17A. 5 4 3. A department or juvenile court officer performing the 5 5 risk assessment may disclose assessment of risk information to 5 6 a criminal or juvenile justice agency for prosecution, or for 5 7 public notification purposes. A department, or a criminal or 5 8 juvenile justice agency, may release the offender's name, a 5 9 photograph, locations frequented by the offender, and relevant 5 10 Iowa criminal history information. The degree of public 5 11 notification shall be determined as follows: 5 12 a. For offenders classified as "low-risk", registry 5 13 information may be distributed to a criminal or juvenile 5 14 justice agency or to members of the public upon requests made 5 15 through a criminal or juvenile justice agency or by electronic 5 16 access as provided in section 692A.13, subsection 3. 5 17 b. For offenders classified as "moderate-risk" or "high- 5 18 risk", registry information may be provided to any criminal or 5 19 juvenile justice agency and to the public which includes 5 20 public and private agencies, organizations, public places, 5 21 public and private schools, child care facilities, religious 5 22 and youth organizations, neighbors, and employers. However, 5 23 if an offender is classified as "high-risk", the department 5 24 may also provide information to neighborhood associations or 5 25 community meetings held to discuss the registrant. Registry 5 26 information may be distributed to the public by printed 5 27 materials, visual or audio press releases, and by a criminal 5 28 or juvenile justice agency's web page. The scope of 5 29 notification may include where the registrant resides, works, 5 30 attends school, or frequents. 5 31 Sec. 11. Section 901.4, Code 1999, is amended to read as 5 32 follows: 5 33 901.4 PRESENTENCE INVESTIGATION REPORT CONFIDENTIAL – 5 34 DISTRIBUTION. 5 35 The presentence investigation report is confidential and 6 1 the court shall provide safeguards to ensure its 6 2 confidentiality, including but not limited to sealing the 6 3 report, which may be opened only by further court order. At 6 4 least three days prior to the date set for sentencing, the 6 5 court shall serve all of the presentence investigation report 6 6 upon the defendant's attorney and the attorney for the state, 6 7 and the report shall remain confidential except upon court 6 8 order. However, the court may conceal the identity of the 6 9 person who provided confidential information. The report of a 6 10 medical examination or psychological or psychiatric evaluation 6 11 shall be made available to the attorney for the state and to 6 12 the defendant upon request. The reports are part of the 6 13 record but shall be sealed and opened only on order of the 6 14 court. If the defendant is committed to the custody of the 6 15 Iowa department of corrections and is not a class "A" felon, a 6 16 copy of the presentence investigation report shall be 6 17 forwarded to the director with the order of commitment by the 6 18 clerk of the district court and to the board of parole at the 6 19 time of commitment. The presentence investigation report may 6 20 also be released by the department of corrections or a 6 21 judicial district department of correctional services pursuant 6 22 to section 904.602 to another jurisdiction for the purpose of 6 23 providing interstate probation and parole compact services or 6 24 evaluations. The defendant or the defendant's attorney may 6 25 file with the presentence investigation report, a denial or 6 26 refutation of the allegations, or both, contained in the 6 27 report. The denial or refutation shall be included in the 6 28 report. If the person is sentenced for an offense which 6 29 requires registration under chapter 692A, the court shall 6 30 release the report to the department which is responsible 6 31 under section692A.13692A.13A for performing the assessment 6 32 of risk. 6 33 EXPLANATION 6 34 This bill amends Code chapter 692A regarding the sex 6 35 offender registry. 7 1 The bill adds a list of offenses that require lifetime 7 2 registration by the offender upon a just conviction. These 7 3 offenses include sexual abuse in the second degree; certain 7 4 sexual abuse in the third degree offenses; certain lascivious 7 5 acts with a child offenses; assault with the intent to commit 7 6 sexual abuse; and burglary in the first degree, kidnapping, or 7 7 murder if a sexual abuse as defined in Code section 709.1 is 7 8 committed during the offense. Current law requires lifetime 7 9 registration if the offender is required to register for a 7 10 second time under Code chapter 692A. 7 11 The bill requires the department of public safety to submit 7 12 registry data to the national sex offender registry. However, 7 13 the bill restricts the release of registry information to the 7 14 public if a person is in the federal witness protection 7 15 program. 7 16 The bill transfers provisions relating to risk assessment 7 17 and public notification currently contained in Code section 7 18 692A.13, subsection 6, to new Code section 692A.13A and makes 7 19 changes regarding the performance of those risk assessments 7 20 and the dissemination of registry information. The bill 7 21 provides that the juvenile court is to share information with 7 22 other departments to develop methods and procedures for the 7 23 assessment of risk for juveniles who qualify for the registry. 7 24 In addition, the bill also provides that juvenile court 7 25 officers are to conduct risk assessments for juveniles under 7 26 the jurisdiction of the juvenile court. 7 27 The bill establishes the procedures for dissemination of 7 28 registry information to the public based upon the results of 7 29 the risk assessment. If an offender is classified as "low- 7 30 risk", the public may contact a law enforcement agency to 7 31 obtain information about an offender or may obtain information 7 32 from a web page established by a law enforcement agency. If 7 33 an offender is classified as a "moderate-risk" or a "high- 7 34 risk", information may be disseminated through press releases, 7 35 and fliers to various public and private agencies and 8 1 organizations. 8 2 LSB 1615SC 78 8 3 jm/cf/24
Text: SSB01109 Text: SSB01111 Text: SSB01100 - SSB01199 Text: SSB Index Bills and Amendments: General Index Bill History: General Index
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