Senate File 385 S-3036 Amend Senate File 385 as follows: 1 1. By striking everything after the enacting clause 2 and inserting: 3 < Section 1. Section 692A.106, subsection 2, Code 4 2013, is amended to read as follows: 5 2. A sex offender who has been sentenced to a 6 special sentence under section 903B.1 or 903B.2 , shall 7 be required to register for a period equal to the term 8 of the special sentence, but in no case not less than 9 the period specified in subsection 1 , unless discharged 10 early from the term of the special sentence imposed 11 under chapter 903B . 12 Sec. 2. NEW SECTION . 903B.3 Early discharge from 13 special sentence. 14 1. A person who is serving a special sentence prior 15 to, on, or after the effective date of this Act, may 16 file an application in district court seeking an early 17 discharge from the term of the special sentence imposed 18 under this chapter. 19 2. An application shall not be granted unless all 20 of the following apply: 21 a. The person was eighteen years of age or younger 22 when the offense requiring the special sentence was 23 committed. 24 b. The victim of the offense requiring the special 25 sentence was thirteen years of age or older when the 26 offense was committed. 27 c. The person has successfully completed all sex 28 offender treatment programs that have been required. 29 d. A risk assessment has been completed and the sex 30 offender was classified as a low or low-to-moderate 31 risk to reoffend. The risk assessment used to assess 32 an offender as a low or low-to-moderate risk to 33 reoffend shall be a validated risk assessment approved 34 by the department of corrections. 35 e. The person is not incarcerated when the 36 application is filed. 37 3. The application shall be filed in the person’s 38 county of principal residence. 39 4. Notice of any application shall be provided 40 to the county attorney of the county of the person’s 41 principal residence, the county attorney of the county 42 where the conviction requiring the special sentence 43 occurred, and the department of public safety. The 44 county attorney where the conviction occurred shall 45 notify the victim of an application if the victim’s 46 address is known. 47 5. The court shall conduct a hearing on the 48 application to hear any evidence deemed appropriate 49 by the court. A victim, as defined in section 915.10 50 -1- SF385.1021 (2) 85 jm/rj 1/ 2 #1.
shall be provided an opportunity to be heard in any 1 format permissible under section 915.13. 2 6. The court, after the hearing, may either refuse 3 to grant the application or order that the person be 4 discharged early from the term of the special sentence. 5 7. A copy of any court order entered pursuant to 6 this section shall be sent to the person, the county 7 attorney of the person’s principal place of residence, 8 the county attorney of the county where the conviction 9 requiring the special sentence occurred, and the 10 victim, if the address of the victim is known. 11 8. If the court orders the person discharged 12 early from the term of the special sentence, a copy 13 of the early discharge order shall also be sent to 14 the department of corrections, the department of 15 public safety, and to the sheriff of the county of the 16 person’s principal place of residence. 17 9. If the court orders the person discharged early 18 from the term of the special sentence, the person shall 19 be immediately discharged from the special sentence, 20 and the person’s name and relevant information shall 21 be removed from the sex offender registry in the 22 same manner as if the person’s required period of 23 registration ended under chapter 692A. > 24 2. Title page, by striking lines 1 through 5 and 25 inserting < An Act modifying the imposition of certain 26 special sentences. > 27 ______________________________ NANCY J. BOETTGER ______________________________ ROBERT M. HOGG -2- SF385.1021 (2) 85 jm/rj 2/ 2 #2.