Senate Study Bill 3019 



                                       SENATE/HOUSE FILE       
                                       BY  (PROPOSED DEPARTMENT OF
                                            HUMAN RIGHTS BILL)


    Passed Senate, Date               Passed House,  Date             
    Vote:  Ayes        Nays           Vote:  Ayes        Nays         
                 Approved                            

                                      A BILL FOR

  1 An Act relating to the division of criminal and juvenile justice
  2    planning of the department of human rights by making changes
  3    to the membership of the council, permitting access to the
  4    records of the department of workforce development, and
  5    modifying the sex offender treatment and supervision task
  6    force.
  7 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
  8 TLSB 5175DP 82
  9 jm/rj/8

PAG LIN



  1  1    Section 1.  Section 216A.132, subsection 1, Code Supplement
  1  2 2007, is amended to read as follows:
  1  3    1.  A criminal and juvenile justice planning advisory
  1  4 council is established consisting of twenty=two twenty-three
  1  5 members.
  1  6    Sec. 2.  Section 216A.132, subsection 1, paragraph b, Code
  1  7 Supplement 2007, is amended to read as follows:
  1  8    b.  The departments of human services, corrections, and
  1  9 public safety, the division on the status of
  1 10 African=Americans, the Iowa department of public health, the
  1 11 chairperson of the board of parole, the attorney general, the
  1 12 state public defender, the governor's office of drug control
  1 13 policy, and the chief justice of the supreme court shall each
  1 14 designate a person to serve on the council.  The person
  1 15 appointed by the Iowa department of public health shall be
  1 16 from the departmental staff who administer the comprehensive
  1 17 substance abuse program under chapter 125.
  1 18    Sec. 3.  Section 216A.136, unnumbered paragraph 1, Code
  1 19 2007, is amended to read as follows:
  1 20    The division shall maintain an Iowa statistical analysis
  1 21 center for the purpose of coordinating with data resource
  1 22 agencies to provide data and analytical information to
  1 23 federal, state, and local governments, and assist agencies in
  1 24 the use of criminal and juvenile justice data.
  1 25 Notwithstanding any other provision of state law, unless
  1 26 prohibited by federal law or regulation, the division shall be
  1 27 granted access, for purposes of research and evaluation, to
  1 28 criminal history records, official juvenile court records,
  1 29 juvenile court social records, and any other data collected or
  1 30 under control of the board of parole, department of
  1 31 corrections, department of workforce development, district
  1 32 departments of correctional services, department of human
  1 33 services, judicial branch, and department of public safety.
  1 34 However, intelligence data and peace officer investigative
  1 35 reports maintained by the department of public safety shall
  2  1 not be considered data for the purposes of this section.  Any
  2  2 record, data, or information obtained by the division under
  2  3 this section and the division itself is subject to the federal
  2  4 and state confidentiality laws and regulations which are
  2  5 applicable to the original record, data, or information
  2  6 obtained by the division and to the original custodian of the
  2  7 record, data, or information.  The access shall include but is
  2  8 not limited to all of the following:
  2  9    Sec. 4.  Section 216A.136, Code 2007, is amended by adding
  2 10 the following new subsection:
  2 11    NEW SUBSECTION.  13.  Employment records maintained under
  2 12 section 96.11.
  2 13    Sec. 5.  NEW SECTION.  216A.139  SEX OFFENDER RESEARCH
  2 14 COUNCIL.
  2 15    1.  The division shall establish and maintain a council to
  2 16 study and make recommendations for treating and supervising
  2 17 adult and juvenile sex offenders in institutions,
  2 18 community=based programs, and in the community.
  2 19    2.  Members of the council shall include members of the
  2 20 general assembly selected by the legislative council and one
  2 21 representative of each of the following:
  2 22    a.  The department of corrections.
  2 23    b.  The department of human services.
  2 24    c.  The department of public safety.
  2 25    d.  The state public defender.
  2 26    e.  The department of public health.
  2 27    f.  The juvenile court appointed by the judicial branch.
  2 28    g.  A judicial district department of correctional
  2 29 services.
  2 30    h.  The board of parole.
  2 31    i.  The department of justice.
  2 32    j.  The Iowa county attorneys association.
  2 33    k.  The Iowa civil liberties union.
  2 34    l.  The Iowa state sheriffs' and deputies' association.
  2 35    m.  The Iowa coalition against sexual assault.
  3  1    3.  The council shall study the following:
  3  2    a.  The effectiveness of electronically monitoring sex
  3  3 offenders.
  3  4    b.  The cost and effectiveness of special sentences
  3  5 pursuant to chapter 903B.
  3  6    c.  Risk assessment models created for sex offenders.
  3  7    d.  Determining the best treatment programs available for
  3  8 sex offenders and the efforts of Iowa and other states to
  3  9 implement treatment programs.
  3 10    e.  The efforts of Iowa and other states to prevent sex
  3 11 abuse related crimes including child sex abuse.
  3 12    f.  Any other issues the council deems necessary, including
  3 13 but not limited to computer and internet sex=related crimes,
  3 14 sex offender case management, best practices for sex offender
  3 15 supervision, the sex offender registry, and the effectiveness
  3 16 of safety zones.
  3 17    4.  The council shall submit a report, beginning January
  3 18 15, 2009, and every year thereafter by January 15, to the
  3 19 governor and general assembly regarding actions taken, issues
  3 20 studied, and council recommendations.
  3 21    5.  Members of the council shall receive actual and
  3 22 necessary expenses incurred while attending any meeting of the
  3 23 council and may also be eligible to receive compensation as
  3 24 provided in section 7E.6.  All expense moneys paid to the
  3 25 nonlegislative members shall be paid from funds appropriated
  3 26 to the division.  Legislative members shall receive
  3 27 compensation as provided in sections 2.10 and 2.12.
  3 28    6.  Vacancies shall be filled by the original appointing
  3 29 authority in the manner of the original appointments.
  3 30    Sec. 6.  2005 Iowa Acts, chapter 158, section 52, is
  3 31 repealed.
  3 32                           EXPLANATION
  3 33    This bill relates to the division of criminal and juvenile
  3 34 justice and planning of the department of human rights by
  3 35 making changes to the membership of the council, permitting
  4  1 access to the records of the department of workforce
  4  2 development, and modifying the sex offender treatment and
  4  3 supervision task force.
  4  4    Under the bill, the governor's office of drug control is
  4  5 granted authority to appoint a representative to serve on the
  4  6 criminal and juvenile justice planning advisory council.
  4  7    If not prohibited by any other state or federal law, the
  4  8 bill gives the division of criminal and juvenile justice
  4  9 planning access to the department of workforce development
  4 10 records for the purpose of research and evaluation.
  4 11    The bill repeals the sex offender treatment and supervision
  4 12 task force established by the division of criminal juvenile
  4 13 justice and planning pursuant to H.F. 619 during the 2005
  4 14 legislative session, and establishes a new permanent sex
  4 15 offender research council within the division.  The new
  4 16 council shall study the cost and effectiveness of special
  4 17 sentences established under Code chapter 903B, risk assessment
  4 18 models created for sex offenders, determining the best
  4 19 treatment options for sex offenders, and the efforts by other
  4 20 states to prevent sexual abuse, and other issues.
  4 21    The bill provides that members of the council shall be
  4 22 reimbursed for their actual and necessary expenses while
  4 23 attending meetings of the council, and that expense moneys
  4 24 shall be paid from the funds appropriated to the division of
  4 25 criminal juvenile justice and planning.  Legislative members
  4 26 on the council shall receive payment as provided in Code
  4 27 sections 2.10 and 2.12.
  4 28 LSB 5175DP 82
  4 29 jm/rj/8.2