Amend Senate File 385 as follows:
   1.  By striking everything after the enacting clause and inserting: 
   Section 1.  Section 692A.106, subsection 2, Code 2013, is amended to read as follows:
   2.  A sex offender who has been sentenced to a special sentence under section 903B.1 or 903B.2, shall be required to register for a period equal to the term of the special sentence, but in no case not less than the period specified in subsection 1, unless discharged early from the term of the special sentence imposed under chapter 903B.
   Sec. 2.  NEW SECTION.  903B.3  Early discharge from special sentence.
   1.  A person who is serving a special sentence prior to, on, or after the effective date of this Act, may file an application in district court seeking an early discharge from the term of the special sentence imposed under this chapter.
   2.  An application shall not be granted unless all of the following apply:
   a.  The person was eighteen years of age or younger when the offense requiring the special sentence was committed.
   b.  The victim of the offense requiring the special sentence was thirteen years of age or older when the offense was committed.
   c.  The person has successfully completed all sex offender treatment programs that have been required.
   d.  A risk assessment has been completed and the sex offender was classified as a low or low-to-moderate risk to reoffend. The risk assessment used to assess an offender as a low or low-to-moderate risk to reoffend shall be a validated risk assessment approved by the department of corrections.
   e.  The person is not incarcerated when the application is filed.
   3.  The application shall be filed in the person’s county of principal residence.
   4.  Notice of any application shall be provided to the county attorney of the county of the person’s principal residence, the county attorney of the county where the conviction requiring the special sentence occurred, and the department of public safety. The county attorney where the conviction occurred shall notify the victim of an application if the victim’s address is known.
   5.  The court shall conduct a hearing on the application to hear any evidence deemed appropriate by the court. A victim, as defined in section 915.10 shall be provided an opportunity to be heard in any format permissible under section 915.13. 
   6.  The court, after the hearing, may either refuse to grant the application or order that the person be discharged early from the term of the special sentence.
   7.  A copy of any court order entered pursuant to this section shall be sent to the person, the county attorney of the person’s principal place of residence, the county attorney of the county where the conviction requiring the special sentence occurred, and the victim, if the address of the victim is known.
   8.  If the court orders the person discharged early from the term of the special sentence, a copy of the early discharge order shall also be sent to the department of corrections, the department of public safety, and to the sheriff of the county of the person’s principal place of residence. 
   9.  If the court orders the person discharged early from the term of the special sentence, the person shall be immediately discharged from the special sentence, and the person’s name and relevant information shall be removed from the sex offender registry in the same manner as if the person’s required period of registration ended under chapter 692A.>
   2.  Title page, by striking lines 1 through 5 and inserting <An Act modifying the imposition of certain special sentences.>

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NANCY J. BOETTGER

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ROBERT M. HOGG