House File 2401 H-8171 Amend House File 2401 as follows: 1 1. By striking everything after the enacting clause and 2 inserting: 3 < DIVISION I 4 SEXUALLY VIOLENT PREDATORS ACCUMULATION OF EARNED TIME 5 Section 1. Section 229A.2, subsection 4, Code 2018, is 6 amended to read as follows: 7 4. “Discharge” means an unconditional discharge from the 8 sexually violent predator program. A person released from a 9 secure facility into a transitional release program or released 10 with or without supervision is not considered to be discharged. 11 Sec. 2. Section 229A.5B, subsection 1, unnumbered paragraph 12 1, Code 2018, is amended to read as follows: 13 A person who is detained pursuant to section 229A.5 or is 14 subject to an order of civil commitment under this chapter 15 shall remain in custody unless released by court order or 16 discharged under section 229A.8 or 229A.10 . A person who has 17 been placed in a transitional release program or who is under 18 release with or without supervision is considered to be in 19 custody. A person in custody under this chapter shall not do 20 any of the following: 21 Sec. 3. Section 229A.5C, subsection 4, Code 2018, is amended 22 to read as follows: 23 4. A person who committed a public offense while in a 24 transitional release program or on release with or without 25 supervision may be returned to a secure facility operated by 26 the department of human services upon completion of any term 27 of confinement that resulted from the commission of the public 28 offense. 29 Sec. 4. Section 229A.6A, subsection 1, paragraph d, Code 30 2018, is amended to read as follows: 31 d. To a facility for placement or treatment in a 32 transitional release program or for release with or without 33 supervision. A transport order is not required under this 34 paragraph. 35 -1- HF2401.4333 (3) 87 hb/rh 1/ 15 #1.

Sec. 5. Section 229A.7, subsection 7, Code 2018, is amended 1 to read as follows: 2 7. The control, care, and treatment of a person determined 3 to be a sexually violent predator shall be provided at a 4 facility operated by the department of human services. At all 5 times prior to placement in a transitional release program 6 or release with or without supervision, persons committed 7 for control, care, and treatment by the department of human 8 services pursuant to this chapter shall be kept in a secure 9 facility and those patients shall be segregated at all times 10 from any other patient under the supervision of the department 11 of human services. A person committed pursuant to this chapter 12 to the custody of the department of human services may be kept 13 in a facility or building separate from any other patient 14 under the supervision of the department of human services. 15 The department of human services may enter into a chapter 16 28E agreement with the department of corrections or other 17 appropriate agency in this state or another state for the 18 confinement of patients who have been determined to be sexually 19 violent predators. Patients who are in the custody of the 20 director of the department of corrections pursuant to a chapter 21 28E agreement and who have not been placed in a transitional 22 release program or released with or without supervision shall 23 be housed and managed separately from criminal offenders in 24 the custody of the director of the department of corrections, 25 and except for occasional instances of supervised incidental 26 contact, shall be segregated from those offenders. 27 Sec. 6. Section 229A.8, subsection 5, paragraph e, 28 subparagraph (2), Code 2018, is amended to read as follows: 29 (2) (a) If the committed person shows by a preponderance 30 of the evidence that a final hearing should be held on either 31 determination under subparagraph (1), subparagraph division (a) 32 or (b), or both, the court shall set a final hearing within 33 sixty days of the determination that a final hearing be held. 34 (b) The committed person may waive the sixty-day final 35 -2- HF2401.4333 (3) 87 hb/rh 2/ 15

hearing requirement under subparagraph subdivision (a); 1 however, the committed person or the attorney for the committed 2 person may reassert a demand that the final hearing be held 3 within sixty days from the date of filing the demand with the 4 clerk of court. 5 (c) The final hearing may be continued upon request of 6 either party and a showing of good cause, or by the court 7 on its own motion in the due administration of justice, and 8 if the committed person is not substantially prejudiced. In 9 determining what constitutes good cause, the court shall 10 consider the length of the pretrial detention of the committed 11 person. 12 Sec. 7. Section 229A.8B, subsection 3, Code 2018, is amended 13 to read as follows: 14 3. Upon the return of the committed person to a secure 15 facility, the director of human services or the director’s 16 designee shall notify the court that issued the ex parte order 17 that the absconder has been returned to a secure facility, and 18 the court shall set a hearing within five days to determine if 19 a violation occurred. If a court order was not issued, the 20 director or the director’s designee shall contact the nearest 21 district court with jurisdiction to set a hearing to determine 22 whether a violation of the rules or directives occurred. The 23 court shall schedule a hearing within five days of after 24 receiving notice that the committed person has been returned 25 from the transitional release program to a secure facility. 26 Sec. 8. Section 229A.9A, Code 2018, is amended to read as 27 follows: 28 229A.9A Release with or without supervision. 29 1. In any proceeding under section 229A.8 , the court may 30 order the committed person released with or without supervision 31 if any of the following apply: 32 a. The attorney general stipulates to the release with or 33 without supervision. 34 b. The court or jury has determined that the person should 35 -3- HF2401.4333 (3) 87 hb/rh 3/ 15

be discharged released from the program a secure facility or 1 a transitional release program , but the court has determined 2 the person suffers from a mental abnormality and it is in the 3 best interest of the community to order release with or without 4 supervision before the committed person is discharged. 5 2. If release with or without supervision is ordered, the 6 department of human services shall prepare within sixty days of 7 the order of the court a release plan addressing the person’s 8 needs for counseling, medication, community support services, 9 residential services, vocational services, alcohol or other 10 drug abuse treatment, sex offender treatment, or any other 11 treatment or supervision necessary. 12 3. The court shall set a hearing on the release plan 13 prepared by the department of human services before the 14 committed person is released from a secure facility or a 15 transitional release program. 16 4. If the court orders release with supervision, the court 17 shall order supervision by an agency with jurisdiction that 18 is familiar with the placement of criminal offenders in the 19 community. The agency with jurisdiction shall be responsible 20 for initiating proceedings for violations of the release plan 21 as provided in section 229A.9B . If the court orders release 22 without supervision, the agency with jurisdiction shall also be 23 responsible for initiating proceedings for any violations of 24 the release plan as provided in section 229A.9B . 25 5. A committed person may not petition the court for release 26 with or without supervision. 27 6. A committed person released with or without supervision 28 is not considered discharged from civil commitment under this 29 chapter . 30 7. After being released with or without supervision, the 31 person may petition the court for discharge as provided in 32 section 229A.8 . 33 8. The court shall retain jurisdiction over the committed 34 person who has been released with or without supervision until 35 -4- HF2401.4333 (3) 87 hb/rh 4/ 15

the person is discharged from the program. The department 1 of human services or a judicial district department of 2 correctional services shall not be held liable for any acts 3 committed by a committed person who has been ordered released 4 with or without supervision. 5 Sec. 9. Section 229A.9B, Code 2018, is amended to read as 6 follows: 7 229A.9B Violations of release with or without supervision. 8 1. If a committed person violates the release plan, the 9 agency with jurisdiction over the person may request the 10 district court to issue an emergency ex parte order directing 11 any law enforcement officer to take the person into custody 12 so that the person can be returned to a secure facility. 13 The request for an ex parte order may be made orally or by 14 telephone, but the original written request or a facsimile copy 15 of the request shall be filed with the clerk of court no later 16 than 4:30 p.m. on the next business day the office of the clerk 17 of court is open. 18 2. If a committed person has absconded in violation of the 19 conditions of the person’s release plan, a presumption arises 20 that the person poses a risk to public safety. The department 21 of human services or contracting agency, in cooperation with 22 local law enforcement agencies, may make a public announcement 23 about the absconder. The public announcement may include a 24 description of the committed person, that the committed person 25 is on release with or without supervision from the sexually 26 violent predator program, and any other information pertinent 27 to public safety. 28 3. Upon the return of the committed person to a secure 29 facility, the director of human services or the director’s 30 designee shall notify the court that issued the ex parte 31 order that the committed person has been returned to a secure 32 facility, and the court shall set hearing within five days to 33 determine if a violation occurred. If a court order was not 34 issued, the director or the director’s designee shall contact 35 -5- HF2401.4333 (3) 87 hb/rh 5/ 15

the nearest district court with jurisdiction to set a hearing 1 to determine whether a violation of the conditions of the 2 release plan occurred. The court shall schedule a hearing 3 within five days of after receiving notice that the committed 4 person has been returned to a secure facility. 5 4. At the hearing, the burden shall be upon the attorney 6 general to show by a preponderance of the evidence that a 7 violation of the release plan occurred. 8 5. If the court determines a violation occurred, the court 9 shall receive release recommendations from the department of 10 human services and either order that the committed person be 11 returned to release with or without supervision or placed 12 in a transitional release program, or be confined in a 13 secure facility. The court may impose further conditions 14 upon the committed person if returned to release with or 15 without supervision or placed in the transitional release 16 program. If the court determines no violation occurred, the 17 committed person shall be returned to release with or without 18 supervision. 19 Sec. 10. Section 229A.15, Code 2018, is amended to read as 20 follows: 21 229A.15 Court records —— sealed and opened by court order. 22 1. Any Except as otherwise provided in this section, any 23 psychological reports, drug and alcohol reports, treatment 24 records, reports of any diagnostic center, medical records, or 25 victim impact statements which have been submitted to the court 26 or admitted into evidence under this chapter shall be part of 27 the record but shall be sealed and opened only on order of the 28 court. 29 2. The documents described in subsection 1 shall be 30 available to the prosecuting attorney or attorney general, the 31 committed person, and the attorney for the committed person 32 without an order of the court. 33 Sec. 11. Section 901A.2, subsection 6, Code 2018, is amended 34 to read as follows: 35 -6- HF2401.4333 (3) 87 hb/rh 6/ 15

6. A person who has been placed in a transitional release 1 program, released with or without supervision, or discharged 2 pursuant to chapter 229A , and who is subsequently convicted of 3 a sexually predatory offense or a sexually violent offense, 4 shall be sentenced to life in prison on the same terms as 5 a class “A” felon under section 902.1 , notwithstanding any 6 other provision of the Code to the contrary. The terms and 7 conditions applicable to sentences for class “A” felons under 8 chapters 901 through 909 shall apply to persons sentenced under 9 this subsection . However, if the person commits a sexually 10 violent offense which is a misdemeanor offense under chapter 11 709 , the person shall be sentenced to life in prison, with 12 eligibility for parole as provided in chapter 906 . 13 Sec. 12. Section 903A.2, subsection 1, paragraph a, 14 subparagraph (2), Code 2018, is amended to read as follows: 15 (2) However, an inmate required to participate in a sex 16 offender treatment program shall not be eligible for a any 17 reduction of sentence unless until the inmate participates in 18 and completes a sex offender treatment program established by 19 the director. 20 Sec. 13. Section 903A.2, subsection 1, paragraph b, 21 subparagraph (2), Code 2018, is amended to read as follows: 22 (2) An inmate required to participate in a domestic abuse 23 treatment program shall not be eligible for a any reduction of 24 sentence unless until the inmate participates in and completes 25 a domestic abuse treatment program established by the director. 26 Sec. 14. Section 903A.3, subsection 1, Code 2018, is amended 27 to read as follows: 28 1. Upon finding that an inmate has violated an institutional 29 rule, has failed to complete a sex offender or domestic abuse 30 treatment program as specified in section 903A.2, or has 31 had an action or appeal dismissed under section 610A.2 , the 32 independent administrative law judge may order forfeiture of 33 any or all earned time accrued and not forfeited up to the 34 date of the violation by the inmate and may order forfeiture 35 -7- HF2401.4333 (3) 87 hb/rh 7/ 15

of any or all earned time accrued and not forfeited up to 1 the date the action or appeal is dismissed, unless the court 2 entered such an order under section 610A.3 . The independent 3 administrative law judge has discretion within the guidelines 4 established pursuant to section 903A.4 , to determine the amount 5 of time that should be forfeited based upon the severity of the 6 violation. Prior violations by the inmate may be considered by 7 the administrative law judge in the decision. 8 DIVISION II 9 CHILD ABUSE —— SEXUAL OFFENSES AND SEX OFFENDERS 10 Sec. 15. Section 232.68, subsection 2, paragraph a, 11 subparagraph (3), Code 2018, is amended to read as follows: 12 (3) The commission of a sexual offense with or to a child 13 pursuant to chapter 709 , section 726.2 , or section 728.12, 14 subsection 1 , as a result of the acts or omissions of the 15 person responsible for the care of the child or of a person who 16 is fourteen years of age or older and resides in a home with 17 the child. Notwithstanding section 702.5 , the commission of 18 a sexual offense under this subparagraph includes any sexual 19 offense referred to in this subparagraph with or to a person 20 under the age of eighteen years. 21 Sec. 16. Section 232.68, subsection 2, paragraph a, 22 subparagraph (9), Code 2018, is amended to read as follows: 23 (9) (a) Knowingly A person who is responsible for the 24 care of a child knowingly allowing a person another person 25 custody or of, control of over , or unsupervised access to a 26 child or minor child under the age of fourteen or a child with 27 a physical or mental disability , after knowing the person 28 other person is required to register or is on the sex offender 29 registry under chapter 692A for a violation of section 726.6 . 30 (b) This subparagraph does not apply in any of the following 31 circumstances: 32 (i) A child living with a parent or guardian who is a sex 33 offender required to register or on the sex offender registry 34 under chapter 692A. 35 -8- HF2401.4333 (3) 87 hb/rh 8/ 15

(ii) A child living with a parent or guardian who is married 1 to and living with a sex offender required to register or on 2 the sex offender registry under chapter 692A. 3 (iii) A child who is a sex offender required to register or 4 on the sex offender registry under chapter 692A who is living 5 with the child’s parent, guardian, or foster parent and is also 6 living with the child to whom access was allowed. 7 (c) For purposes of this subparagraph, “control over” means 8 any of the following: 9 (i) A person who has accepted, undertaken, or assumed 10 supervision of a child from the parent or guardian of the 11 child. 12 (ii) A person who has undertaken or assumed temporary 13 supervision of a child without explicit consent from the parent 14 or guardian of the child. 15 DIVISION III 16 SEX OFFENDERS AND PREDATORS —— REGISTRATION AND CHILD 17 ENDANGERMENT 18 Sec. 17. Section 692A.101, subsection 14, Code 2018, is 19 amended to read as follows: 20 14. “Incarcerated” means to be imprisoned by placing a 21 person in a jail, prison, penitentiary, juvenile facility, 22 or other correctional institution or facility or a place or 23 condition of confinement or forcible restraint regardless 24 of the nature of the institution in which the person serves 25 a sentence for a conviction. “Incarcerated” does not mean 26 placement in an adult residential correctional or treatment 27 facility that allows a resident to leave the facility for a 28 portion of a day or days. 29 Sec. 18. Section 692A.101, subsection 31, Code 2018, is 30 amended by striking the subsection and inserting in lieu 31 thereof the following: 32 31. “Sexually violent predator” means a person who has 33 been determined to be a sexually violent predator pursuant to 34 section 229A.7. 35 -9- HF2401.4333 (3) 87 hb/rh 9/ 15

Sec. 19. Section 692A.128, Code 2018, is amended to read as 1 follows: 2 692A.128 Modification. 3 1. A sex offender who is on probation, parole, work release, 4 special sentence, or any other type of conditional release on 5 the registry may file an application in district court seeking 6 to modify the registration requirements under this chapter . 7 2. An application shall not be granted unless all of the 8 following apply: 9 a. The date of the commencement of the requirement to 10 register occurred at least two ten years prior to the filing 11 of the application for a tier I offender and five twenty-five 12 years prior to the filing of the application for a tier II or 13 III offender. 14 b. The sex offender applicant has successfully completed all 15 sex offender treatment programs that have been required. 16 c. A risk assessment has been completed and the sex offender 17 was classified as a low risk to reoffend. The risk assessment 18 used to assess an offender as a low risk to reoffend shall 19 be a validated risk assessment approved by the department 20 of corrections. The applicant has successfully completed 21 any period of probation, parole, or other supervised release 22 for the offense requiring registration, without incurring a 23 revocation of probation, parole, or other supervised release 24 for such offense. 25 d. The sex offender applicant is not incarcerated when the 26 application is filed. 27 e. (1) The director of the judicial district department 28 of correctional services supervising the sex offender, or 29 the director’s designee, stipulates to the modification, 30 and a certified copy of the stipulation is attached to the 31 application. For a tier I offender, the applicant has had 32 no other criminal convictions other than simple misdemeanor 33 violations of chapter 321 or similar local violations for the 34 ten-year period preceding the filing of the application. 35 -10- HF2401.4333 (3) 87 hb/rh 10/ 15

(2) For a tier III offender, the applicant has had no 1 other criminal convictions other than simple misdemeanor 2 violations of chapter 321 or similar local violations for 3 the twenty-five-year period preceding the filing of the 4 application, and the requirement to register is based upon an 5 adjudication in juvenile court. 6 3. The application shall be filed in the sex offender’s 7 county of principal residence. 8 4. Notice of any application shall be provided to the 9 county attorney of the county of the sex offender’s applicant’s 10 principal residence, the county attorney of any county in 11 this state where a conviction requiring the sex offender’s 12 applicant’s registration occurred, and the department. The 13 county attorney where the conviction occurred shall notify the 14 victim of an application if the victim’s address is known. 15 5. The court may, but is not required to, conduct a hearing 16 on the application to hear any evidence deemed appropriate by 17 the court. The court may modify the registration requirements 18 under this chapter . 19 6. a. A sex offender may be granted a modification if the 20 offender is required to be on the sex offender registry as a 21 result of an adjudication for a sex offense, the offender is 22 not under the supervision of the juvenile court or a judicial 23 district judicial department of correctional services, and the 24 department of corrections agrees to perform a risk assessment 25 on the sex offender. However, all other provisions of this 26 section not in conflict with this subsection shall apply to the 27 application prior to an application being granted except that 28 the sex offender is not required to obtain a stipulation from 29 the director of a judicial district department of correctional 30 services, or the director’s designee. If the court grants a 31 modification for a tier I offender, the court may modify the 32 registration period by reducing such period by up to five 33 years. 34 b. If the court grants a modification for a tier III 35 -11- HF2401.4333 (3) 87 hb/rh 11/ 15

offender, the court may modify the registration period by 1 reducing such period to a term of years. 2 7. If the court modifies the registration requirements 3 under this chapter , the court shall send a copy of the order to 4 the department, the sheriff of the county of the sex offender’s 5 principal residence, any county attorney notified in subsection 6 4 , and the victim, if the victim’s address is known. 7 Sec. 20. Section 726.6, subsection 1, paragraph h, Code 8 2018, is amended to read as follows: 9 h. Knowingly allows a person custody or control of, or 10 unsupervised access to a child or a minor after knowing the 11 person is required to register due to a conviction for a sex 12 offense against a minor or is on the sex offender registry as 13 a sex offender due to a conviction for a sex offense against 14 a minor under chapter 692A . However, this paragraph does 15 not apply to a person who is a parent or guardian of a child 16 or a minor , who is and the parent or guardian is required 17 to register as a sex offender due to a conviction for a sex 18 offense against a minor , or to a person who is married to and 19 living with a person required to register as a sex offender due 20 to a conviction for a sex offense against a minor . 21 Sec. 21. Section 726.6, Code 2018, is amended by adding the 22 following new subsection: 23 NEW SUBSECTION . 1A. A person who knowingly takes custody or 24 control of a child or minor, or who knowingly has unsupervised 25 access to a child or minor while required to register as a sex 26 offender for a sex offense against a minor under chapter 692A, 27 commits child endangerment. However, this subsection does not 28 apply to a person who is a parent or guardian of the child or 29 minor, or to a person who is married to and living with a person 30 who is the parent or guardian of the child or minor. 31 Sec. 22. Section 726.6, subsection 3, unnumbered paragraph 32 1, Code 2018, is amended to read as follows: 33 For the purposes of subsection 1 or 1A , “person having 34 control “control over a child or a minor” means any of the 35 -12- HF2401.4333 (3) 87 hb/rh 12/ 15

following: 1 Sec. 23. EFFECTIVE DATE. This division of this Act takes 2 effect July 1, 2019. 3 DIVISION IV 4 LASCIVIOUS CONDUCT WITH A MINOR 5 Sec. 24. Section 709.14, Code 2018, is amended by striking 6 the section and inserting in lieu thereof the following: 7 709.14 Lascivious conduct with a minor. 8 1. a. It is unlawful for a person eighteen years of age 9 or older who is in a position of authority over a minor to 10 force, persuade, or coerce a minor, with or without consent, 11 to disrobe or partially disrobe for the purpose of arousing or 12 satisfying the sexual desires of either of them. 13 b. A violation of this subsection is a serious misdemeanor. 14 2. For purposes of subsections 3 and 4, “minor” means a 15 person fourteen or fifteen years of age. 16 3. a. It is unlawful for a person eighteen years of age 17 or older who is in a position of authority over a minor to 18 perform any of the following acts with a minor, with or without 19 consent, for the purpose of arousing or satisfying the sexual 20 desires of either of them: 21 (1) Fondle or touch the inner thigh, groin, buttock, anus, 22 or breast of the minor. 23 (2) Touch the clothing covering the immediate area of the 24 inner thigh, groin, buttock, anus, or breast of the minor. 25 (3) Solicit or permit the minor to fondle or touch the inner 26 thigh, groin, buttock, anus, or breast of the person. 27 (4) Solicit the minor to engage in any act prohibited under 28 subsection 4, paragraph “a” , subparagraph (1), (2), or (3). 29 b. A violation of this subsection is a serious misdemeanor. 30 4. a. It is unlawful for a person eighteen years of age 31 or older who is in a position of authority over a minor to 32 perform any of the following acts with a minor, with or without 33 consent, for the purpose of arousing or satisfying the sexual 34 desires of either of them: 35 -13- HF2401.4333 (3) 87 hb/rh 13/ 15

(1) Fondle or touch the pubes or genitals of the minor. 1 (2) Permit or cause the minor to fondle or touch the 2 person’s genitals or pubes. 3 (3) Cause the touching of the person’s genitals to any part 4 of the body of the minor. 5 (4) Solicit the minor to engage in a sex act or solicit a 6 person to arrange a sex act with the minor. 7 (5) Inflict pain or discomfort upon the minor or permit the 8 minor to inflict pain or discomfort on the person. 9 b. A violation of this subsection is an aggravated 10 misdemeanor. 11 DIVISION V 12 SEX OFFENDER HOUSING WORKGROUP 13 Sec. 25. SEX OFFENDER —— HOUSING —— WORKGROUP. The 14 department of corrections shall lead a workgroup to study the 15 issue of housing for the placement of aging sex offenders 16 who qualify for release from the custody of the department 17 of corrections or the department of human services. The 18 workgroup shall consist of representatives of the departments 19 of inspections and appeals, human services, and justice, the 20 department on aging, the state public defender, the office 21 of ombudsman, the office of long-term care ombudsman, the 22 judicial branch, the older Iowans legislature Iowa legal aid, 23 and AARP. The workgroup shall meet to study this issue and 24 submit a report to the general assembly by January 2019, with 25 recommendations containing housing options for the placement of 26 aging sex offenders who qualify for release from custody. > 27 2. Title page, by striking lines 1 through 3 and inserting 28 < An Act relating to sexual offenses, including provisions 29 relating to sex offenders and sexually violent predators and 30 sexual offenses involving a child, providing penalties, and 31 including effective date provisions. > 32 -14- HF2401.4333 (3) 87 hb/rh 14/ 15