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 oftwenty=twotwenty-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