201—38.2(692A,903B) Electronic monitoring. It is the intent of the Iowa department of corrections that the electronic monitoring system (EMS) shall be used to enhance public safety. Appropriate levels of EMS should be used to verify the location and restrict the movement of sex offenders based upon a validated risk assessment, the sex offender’s criminal history, progress in treatment and supervision, and other relevant factors. EMS is additionally governed by the provisions of department of corrections policy OP-SOP-06.
	38.2(1) Definitions.
“ Client” means a person who is required to register with the Iowa sex offender registry.
“Electronic monitoring system” or “EMS” is a term used collectively for technology that determines the location of clients who have restricted movement while being supervised in their respective community.
	38.2(2) Selection of clients for EMS. All clients on supervision for a current sex offense who are required to be registered as a sex offender under Iowa Code chapter 692A shall be placed on EMS immediately after assignment to supervision. This level may be changed based on risk assessment.
	38.2(3) Risk assessment instrument. Risk assessments used shall be validated and approved by the department of corrections with collaborative input from the judicial districts and other affected stakeholders. The risk assessment should be completed within 30 days prior to the incarcerated individual’s release from custody or upon the incarcerated individual’s/client’s placement on probation, parole, or work release.
	38.2(4) Notification of victims.  The supervising judicial district department of correctional services shall notify a registered victim regarding a sex offender who is convicted of a sex offense against a minor and who is under the supervision of a judicial district department of correctional services of the following:
	a. 	The beginning date for use of an electronic tracking and monitoring system to supervise the sex offender and the type of electronic tracking and monitoring system used.
	b. 	The date of any modification to the use of an electronic tracking and monitoring system and the nature of the change.
Note: Notification includes the initial notification to victims of the date that a client has been placed on an electronic monitoring device, notification as to the date an electronic monitoring device was changed with greater or less monitoring capabilities (GPS to radio frequency or radio frequency to GPS), and notification as to the date the client was removed from an EMS.
	38.2(5) Additional rules. The department of public safety’s rules regarding the Iowa sex offender registry are published in 661—Chapter 83.
[ARC 8496B, IAB 1/27/10, effective 3/3/10; ARC 3929C, IAB 8/1/18, effective 9/5/18]