H-8171

   Amend House File 2401 as follows:
   1.  By striking everything after the enacting clause and inserting: 
<DIVISION I
SEXUALLY VIOLENT PREDATORS ACCUMULATION OF EARNED TIME

   Section 1.  Section 229A.2, subsection 4, Code 2018, is amended to read as follows:
   4.  “Discharge” means an unconditional discharge from the sexually violent predator program. A person released from a secure facility into a transitional release program or released with or without supervision is not considered to be discharged.
   Sec. 2.  Section 229A.5B, subsection 1, unnumbered paragraph 1, Code 2018, is amended to read as follows:
   A person who is detained pursuant to section 229A.5 or is subject to an order of civil commitment under this chapter shall remain in custody unless released by court order or discharged under section 229A.8 or 229A.10. A person who has been placed in a transitional release program or who is under release with or without supervision is considered to be in custody. A person in custody under this chapter shall not do any of the following:
   Sec. 3.  Section 229A.5C, subsection 4, Code 2018, is amended to read as follows:
   4.  A person who committed a public offense while in a transitional release program or on release with or without supervision may be returned to a secure facility operated by the department of human services upon completion of any term of confinement that resulted from the commission of the public offense.
   Sec. 4.  Section 229A.6A, subsection 1, paragraph d, Code 2018, is amended to read as follows:
   d.  To a facility for placement or treatment in a transitional release program or for release with or without supervision. A transport order is not required under this paragraph.
   Sec. 5.  Section 229A.7, subsection 7, Code 2018, is amended to read as follows:
   7.  The control, care, and treatment of a person determined to be a sexually violent predator shall be provided at a facility operated by the department of human services. At all times prior to placement in a transitional release program or release with or without supervision, persons committed for control, care, and treatment by the department of human services pursuant to this chapter shall be kept in a secure facility and those patients shall be segregated at all times from any other patient under the supervision of the department of human services. A person committed pursuant to this chapter to the custody of the department of human services may be kept in a facility or building separate from any other patient under the supervision of the department of human services. The department of human services may enter into a chapter 28E agreement with the department of corrections or other appropriate agency in this state or another state for the confinement of patients who have been determined to be sexually violent predators. Patients who are in the custody of the director of the department of corrections pursuant to a chapter 28E agreement and who have not been placed in a transitional release program or released with or without supervision shall be housed and managed separately from criminal offenders in the custody of the director of the department of corrections, and except for occasional instances of supervised incidental contact, shall be segregated from those offenders.
   Sec. 6.  Section 229A.8, subsection 5, paragraph e, subparagraph (2), Code 2018, is amended to read as follows:
   (2)  (a)  If the committed person shows by a preponderance of the evidence that a final hearing should be held on either determination under subparagraph (1), subparagraph division (a) or (b), or both, the court shall set a final hearing within sixty days of the determination that a final hearing be held.
   (b)  The committed person may waive the sixty-day final hearing requirement under subparagraph subdivision (a); however, the committed person or the attorney for the committed person may reassert a demand that the final hearing be held within sixty days from the date of filing the demand with the clerk of court.
   (c)  The final hearing may be continued upon request of either party and a showing of good cause, or by the court on its own motion in the due administration of justice, and if the committed person is not substantially prejudiced. In determining what constitutes good cause, the court shall consider the length of the pretrial detention of the committed person.
   Sec. 7.  Section 229A.8B, subsection 3, Code 2018, is amended to read as follows:
   3.  Upon the return of the committed person to a secure facility, the director of human services or the director’s designee shall notify the court that issued the ex parte order that the absconder has been returned to a secure facility, and the court shall set a hearing within five days to determine if a violation occurred. If a court order was not issued, the director or the director’s designee shall contact the nearest district court with jurisdiction to set a hearing to determine whether a violation of the rules or directives occurred. The court shall schedule a hearing within five days of after receiving notice that the committed person has been returned from the transitional release program to a secure facility.
   Sec. 8.  Section 229A.9A, Code 2018, is amended to read as follows:
   229A.9A  Release with or without supervision.
   1.  In any proceeding under section 229A.8, the court may order the committed person released with or without supervision if any of the following apply:
   a.  The attorney general stipulates to the release with or without supervision.
   b.  The court or jury has determined that the person should be discharged released from the program a secure facility or a transitional release program, but the court has determined the person suffers from a mental abnormality and it is in the best interest of the community to order release with or without supervision before the committed person is discharged.
   2.  If release with or without supervision is ordered, the department of human services shall prepare within sixty days of the order of the court a release plan addressing the person’s needs for counseling, medication, community support services, residential services, vocational services, alcohol or other drug abuse treatment, sex offender treatment, or any other treatment or supervision necessary.
   3.  The court shall set a hearing on the release plan prepared by the department of human services before the committed person is released from a secure facility or a transitional release program.
   4.  If the court orders release with supervision, the court shall order supervision by an agency with jurisdiction that is familiar with the placement of criminal offenders in the community. The agency with jurisdiction shall be responsible for initiating proceedings for violations of the release plan as provided in section 229A.9B. If the court orders release without supervision, the agency with jurisdiction shall also be responsible for initiating proceedings for any violations of the release plan as provided in section 229A.9B.
   5.  A committed person may not petition the court for release with or without supervision.
   6.  A committed person released with or without supervision is not considered discharged from civil commitment under this chapter.
   7.  After being released with or without supervision, the person may petition the court for discharge as provided in section 229A.8.
   8.  The court shall retain jurisdiction over the committed person who has been released with or without supervision until the person is discharged from the program. The department of human services or a judicial district department of correctional services shall not be held liable for any acts committed by a committed person who has been ordered released with or without supervision.
   Sec. 9.  Section 229A.9B, Code 2018, is amended to read as follows:
   229A.9B  Violations of release with or without supervision.
   1.  If a committed person violates the release plan, the agency with jurisdiction over the person may request the district court to issue an emergency ex parte order directing any law enforcement officer to take the person into custody so that the person can be returned to a secure facility. The request for an ex parte order may be made orally or by telephone, but the original written request or a facsimile copy of the request shall be filed with the clerk of court no later than 4:30 p.m. on the next business day the office of the clerk of court is open.
   2.  If a committed person has absconded in violation of the conditions of the person’s release plan, a presumption arises that the person poses a risk to public safety. The department of human services or contracting agency, in cooperation with local law enforcement agencies, may make a public announcement about the absconder. The public announcement may include a description of the committed person, that the committed person is on release with or without supervision from the sexually violent predator program, and any other information pertinent to public safety.
   3.  Upon the return of the committed person to a secure facility, the director of human services or the director’s designee shall notify the court that issued the ex parte order that the committed person has been returned to a secure facility, and the court shall set hearing within five days to determine if a violation occurred. If a court order was not issued, the director or the director’s designee shall contact the nearest district court with jurisdiction to set a hearing to determine whether a violation of the conditions of the release plan occurred. The court shall schedule a hearing within five days of after receiving notice that the committed person has been returned to a secure facility.
   4.  At the hearing, the burden shall be upon the attorney general to show by a preponderance of the evidence that a violation of the release plan occurred.
   5.  If the court determines a violation occurred, the court shall receive release recommendations from the department of human services and either order that the committed person be returned to release with or without supervision or placed in a transitional release program, or be confined in a secure facility. The court may impose further conditions upon the committed person if returned to release with or without supervision or placed in the transitional release program. If the court determines no violation occurred, the committed person shall be returned to release with or without supervision.
   Sec. 10.  Section 229A.15, Code 2018, is amended to read as follows:
   229A.15  Court records —— sealed and opened by court order.
   1.  Any Except as otherwise provided in this section, any psychological reports, drug and alcohol reports, treatment records, reports of any diagnostic center, medical records, or victim impact statements which have been submitted to the court or admitted into evidence under this chapter shall be part of the record but shall be sealed and opened only on order of the court.
   2.  The documents described in subsection 1 shall be available to the prosecuting attorney or attorney general, the committed person, and the attorney for the committed person without an order of the court.
   Sec. 11.  Section 901A.2, subsection 6, Code 2018, is amended to read as follows:
   6.  A person who has been placed in a transitional release program, released with or without supervision, or discharged pursuant to chapter 229A, and who is subsequently convicted of a sexually predatory offense or a sexually violent offense, shall be sentenced to life in prison on the same terms as a class “A” felon under section 902.1, notwithstanding any other provision of the Code to the contrary. The terms and conditions applicable to sentences for class “A” felons under chapters 901 through 909 shall apply to persons sentenced under this subsection. However, if the person commits a sexually violent offense which is a misdemeanor offense under chapter 709, the person shall be sentenced to life in prison, with eligibility for parole as provided in chapter 906.
   Sec. 12.  Section 903A.2, subsection 1, paragraph a, subparagraph (2), Code 2018, is amended to read as follows:
   (2)  However, an inmate required to participate in a sex offender treatment program shall not be eligible for a any reduction of sentence unless until the inmate participates in and completes a sex offender treatment program established by the director.
   Sec. 13.  Section 903A.2, subsection 1, paragraph b, subparagraph (2), Code 2018, is amended to read as follows:
   (2)  An inmate required to participate in a domestic abuse treatment program shall not be eligible for a any reduction of sentence unless until the inmate participates in and completes a domestic abuse treatment program established by the director.
   Sec. 14.  Section 903A.3, subsection 1, Code 2018, is amended to read as follows:
   1.  Upon finding that an inmate has violated an institutional rule, has failed to complete a sex offender or domestic abuse treatment program as specified in section 903A.2, or has had an action or appeal dismissed under section 610A.2, the independent administrative law judge may order forfeiture of any or all earned time accrued and not forfeited up to the date of the violation by the inmate and may order forfeiture of any or all earned time accrued and not forfeited up to the date the action or appeal is dismissed, unless the court entered such an order under section 610A.3. The independent administrative law judge has discretion within the guidelines established pursuant to section 903A.4, to determine the amount of time that should be forfeited based upon the severity of the violation. Prior violations by the inmate may be considered by the administrative law judge in the decision.
DIVISION II
CHILD ABUSE —— SEXUAL OFFENSES AND SEX OFFENDERS

   Sec. 15.  Section 232.68, subsection 2, paragraph a, subparagraph (3), Code 2018, is amended to read as follows:
   (3)  The commission of a sexual offense with or to a child pursuant to chapter 709, section 726.2, or section 728.12, subsection 1, as a result of the acts or omissions of the person responsible for the care of the child or of a person who is fourteen years of age or older and resides in a home with the child. Notwithstanding section 702.5, the commission of a sexual offense under this subparagraph includes any sexual offense referred to in this subparagraph with or to a person under the age of eighteen years.
   Sec. 16.  Section 232.68, subsection 2, paragraph a, subparagraph (9), Code 2018, is amended to read as follows:
   (9)  (a)  Knowingly A person who is responsible for the care of a child knowingly allowing a person another person custody or of, control of over, or unsupervised access to a child or minor child under the age of fourteen or a child with a physical or mental disability, after knowing the person other person is required to register or is on the sex offender registry under chapter 692A for a violation of section 726.6.
   (b)  This subparagraph does not apply in any of the following circumstances:
   (i)  A child living with a parent or guardian who is a sex offender required to register or on the sex offender registry under chapter 692A.
   (ii)  A child living with a parent or guardian who is married to and living with a sex offender required to register or on the sex offender registry under chapter 692A.
   (iii)  A child who is a sex offender required to register or on the sex offender registry under chapter 692A who is living with the child’s parent, guardian, or foster parent and is also living with the child to whom access was allowed.
   (c)  For purposes of this subparagraph, “control over” means any of the following:
   (i)  A person who has accepted, undertaken, or assumed supervision of a child from the parent or guardian of the child.
   (ii)  A person who has undertaken or assumed temporary supervision of a child without explicit consent from the parent or guardian of the child.
DIVISION III
SEX OFFENDERS AND PREDATORS —— REGISTRATION AND CHILD ENDANGERMENT

   Sec. 17.  Section 692A.101, subsection 14, Code 2018, is amended to read as follows:
   14.  “Incarcerated” means to be imprisoned by placing a person in a jail, prison, penitentiary, juvenile facility, or other correctional institution or facility or a place or condition of confinement or forcible restraint regardless of the nature of the institution in which the person serves a sentence for a conviction.  “Incarcerated” does not mean placement in an adult residential correctional or treatment facility that allows a resident to leave the facility for a portion of a day or days.
   Sec. 18.  Section 692A.101, subsection 31, Code 2018, is amended by striking the subsection and inserting in lieu thereof the following:
   31.  “Sexually violent predator” means a person who has been determined to be a sexually violent predator pursuant to section 229A.7.
   Sec. 19.  Section 692A.128, Code 2018, is amended to read as follows:
   692A.128  Modification.
   1.  A sex offender who is on probation, parole, work release, special sentence, or any other type of conditional release on the registry may file an application in district court seeking to modify the registration requirements under this chapter.
   2.  An application shall not be granted unless all of the following apply:
   a.  The date of the commencement of the requirement to register occurred at least two ten years prior to the filing of the application for a tier I offender and five twenty-five years prior to the filing of the application for a tier II or III offender.
   b.  The sex offender applicant has successfully completed all sex offender treatment programs that have been required.
   c.  A risk assessment has been completed and the sex offender was classified as a low risk to reoffend. The risk assessment used to assess an offender as a low risk to reoffend shall be a validated risk assessment approved by the department of corrections.  The applicant has successfully completed any period of probation, parole, or other supervised release for the offense requiring registration, without incurring a revocation of probation, parole, or other supervised release for such offense.
   d.  The sex offender applicant is not incarcerated when the application is filed.
   e.  (1)  The director of the judicial district department of correctional services supervising the sex offender, or the director’s designee, stipulates to the modification, and a certified copy of the stipulation is attached to the application.  For a tier I offender, the applicant has had no other criminal convictions other than simple misdemeanor violations of chapter 321 or similar local violations for the ten-year period preceding the filing of the application.
   (2)  For a tier III offender, the applicant has had no other criminal convictions other than simple misdemeanor violations of chapter 321 or similar local violations for the twenty-five-year period preceding the filing of the application, and the requirement to register is based upon an adjudication in juvenile court. 
   3.  The application shall be filed in the sex offender’s county of principal residence.
   4.  Notice of any application shall be provided to the county attorney of the county of the sex offender’s applicant’s principal residence, the county attorney of any county in this state where a conviction requiring the sex offender’s applicant’s registration occurred, and the department. The county attorney where the conviction occurred shall notify the victim of an application if the victim’s address is known.
   5.  The court may, but is not required to, conduct a hearing on the application to hear any evidence deemed appropriate by the court. The court may modify the registration requirements under this chapter.
   6.  a.  A sex offender may be granted a modification if the offender is required to be on the sex offender registry as a result of an adjudication for a sex offense, the offender is not under the supervision of the juvenile court or a judicial district judicial department of correctional services, and the department of corrections agrees to perform a risk assessment on the sex offender. However, all other provisions of this section not in conflict with this subsection shall apply to the application prior to an application being granted except that the sex offender is not required to obtain a stipulation from the director of a judicial district department of correctional services, or the director’s designee.  If the court grants a modification for a tier I offender, the court may modify the registration period by reducing such period by up to five years.
   b.  If the court grants a modification for a tier III offender, the court may modify the registration period by reducing such period to a term of years.
   7.  If the court modifies the registration requirements under this chapter, the court shall send a copy of the order to the department, the sheriff of the county of the sex offender’s principal residence, any county attorney notified in subsection 4, and the victim, if the victim’s address is known.
   Sec. 20.  Section 726.6, subsection 1, paragraph h, Code 2018, is amended to read as follows:
   h.  Knowingly allows a person custody or control of, or unsupervised access to a child or a minor after knowing the person is required to register due to a conviction for a sex offense against a minor or is on the sex offender registry as a sex offender due to a conviction for a sex offense against a minor under chapter 692A. However, this paragraph does not apply to a person who is a parent or guardian of a child or a minor, who is and the parent or guardian is required to register as a sex offender due to a conviction for a sex offense against a minor, or to a person who is married to and living with a person required to register as a sex offender due to a conviction for a sex offense against a minor.
   Sec. 21.  Section 726.6, Code 2018, is amended by adding the following new subsection:
   NEW SUBSECTION.  1A.  A person who knowingly takes custody or control of a child or minor, or who knowingly has unsupervised access to a child or minor while required to register as a sex offender for a sex offense against a minor under chapter 692A, commits child endangerment. However, this subsection does not apply to a person who is a parent or guardian of the child or minor, or to a person who is married to and living with a person who is the parent or guardian of the child or minor.
   Sec. 22.  Section 726.6, subsection 3, unnumbered paragraph 1, Code 2018, is amended to read as follows:
   For the purposes of subsection 1 or 1A, “person having control “control over a child or a minor” means any of the following:
   Sec. 23.  EFFECTIVE DATE.  This division of this Act takes effect July 1, 2019.
DIVISION IV
LASCIVIOUS CONDUCT WITH A MINOR

   Sec. 24.  Section 709.14, Code 2018, is amended by striking the section and inserting in lieu thereof the following:
   709.14  Lascivious conduct with a minor.
   1.  a.  It is unlawful for a person eighteen years of age or older who is in a position of authority over a minor to force, persuade, or coerce a minor, with or without consent, to disrobe or partially disrobe for the purpose of arousing or satisfying the sexual desires of either of them.
   b.  A violation of this subsection is a serious misdemeanor.
   2.  For purposes of subsections 3 and 4, “minor” means a person fourteen or fifteen years of age.
   3.  a.  It is unlawful for a person eighteen years of age or older who is in a position of authority over a minor to perform any of the following acts with a minor, with or without consent, for the purpose of arousing or satisfying the sexual desires of either of them:
   (1)  Fondle or touch the inner thigh, groin, buttock, anus, or breast of the minor.
   (2)  Touch the clothing covering the immediate area of the inner thigh, groin, buttock, anus, or breast of the minor.
   (3)  Solicit or permit the minor to fondle or touch the inner thigh, groin, buttock, anus, or breast of the person.
   (4)  Solicit the minor to engage in any act prohibited under subsection 4, paragraph “a”, subparagraph (1), (2), or (3).
   b.  A violation of this subsection is a serious misdemeanor. 
   4.  a.  It is unlawful for a person eighteen years of age or older who is in a position of authority over a minor to perform any of the following acts with a minor, with or without consent, for the purpose of arousing or satisfying the sexual desires of either of them:
   (1)  Fondle or touch the pubes or genitals of the minor. 
   (2)  Permit or cause the minor to fondle or touch the person’s genitals or pubes.
   (3)  Cause the touching of the person’s genitals to any part of the body of the minor.
   (4)  Solicit the minor to engage in a sex act or solicit a person to arrange a sex act with the minor. 
   (5)  Inflict pain or discomfort upon the minor or permit the minor to inflict pain or discomfort on the person. 
   b.  A violation of this subsection is an aggravated misdemeanor. 
DIVISION V
SEX OFFENDER HOUSING WORKGROUP

   Sec. 25.  SEX OFFENDER —— HOUSING —— WORKGROUP.  The department of corrections shall lead a workgroup to study the issue of housing for the placement of aging sex offenders who qualify for release from the custody of the department of corrections or the department of human services. The workgroup shall consist of representatives of the departments of inspections and appeals, human services, and justice, the department on aging, the state public defender, the office of ombudsman, the office of long-term care ombudsman, the judicial branch, the older Iowans legislature Iowa legal aid, and AARP. The workgroup shall meet to study this issue and submit a report to the general assembly by January 2019, with recommendations containing housing options for the placement of aging sex offenders who qualify for release from custody.>
   2.  Title page, by striking lines 1 through 3 and inserting <An Act relating to sexual offenses, including provisions relating to sex offenders and sexually violent predators and sexual offenses involving a child, providing penalties, and including effective date provisions.>

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KLEIN of Washington