S.F. _____ H.F. _____ Section 1. NEW SECTION . 135C.23A Sex offender notification. 1 1. Upon commitment of a person required to register as 2 a sex offender as provided in section 692A.103 to a nursing 3 facility, residential care facility, or assisted living program 4 as defined in section 231C.2, the clerk of the committing court 5 shall notify the department of inspections and appeals and the 6 admitting facility or program. 7 2. Prior to or immediately upon admission of a resident or 8 tenant to a nursing facility, residential care facility, or 9 assisted living program, the facility or program shall access 10 and search the sex offender registry established in chapter 11 692A to determine whether the resident or tenant is a person 12 required to register as a sex offender, as provided in section 13 692A.103. 14 3. Upon the admission of a person required to register as a 15 sex offender, a nursing facility, residential care facility, or 16 assisted living program shall provide notice of the admission, 17 in accordance with rules adopted by the department, to all of 18 the following persons: 19 a. A resident or tenant of the facility or program. 20 b. The emergency contact person or next of kin for a 21 resident or tenant of the facility or program. 22 c. An operator, owner, manager, or employee of the facility 23 or program. 24 d. A visitor to the facility or program. 25 e. The sheriff for the county in which the facility or 26 program is located. 27 4. Upon the admission of a person required to register as a 28 sex offender, a nursing facility, residential care facility, or 29 assisted living program shall develop and implement a written 30 safety plan for each such person in accordance with rules 31 adopted by the department. 32 5. The department shall establish by rule, all of the 33 following: 34 a. The requirements of the notice required under this 35 -1- LSB 5519XL (3) 84 ad/rj 1/ 5

S.F. _____ H.F. _____ section. The rules shall include but are not limited to 1 provisions for the method of notice and time of notice to each 2 of the persons enumerated in subsection 3. 3 b. The requirements of a safety plan for persons required 4 to register as a sex offender who are admitted by a nursing 5 facility, residential care facility, or assisted living 6 program. The rules shall include but are not limited to all of 7 the following: 8 (1) A plan for the safety of residents or tenants. 9 (2) A plan for the safety of others when a person required 10 to register as a sex offender temporarily leaves a facility or 11 program or when community functions are held at a facility or 12 program. 13 (3) A provision for establishing the responsibilities of 14 a nursing facility, residential care facility, and assisted 15 living program and of the operators, owners, managers, 16 employees, residents, and tenants of facilities and programs. 17 (4) A provision for the timely development and 18 implementation of a safety plan. 19 c. Civil penalties for a violation of this section in 20 accordance with section 135C.36. 21 6. A violation of this section is subject to the imposition 22 of a civil penalty in accordance with rules adopted by the 23 department pursuant to this section. 24 Sec. 2. Section 231C.3, subsection 9, Code 2011, is amended 25 to read as follows: 26 9. An assisted living program shall comply with section 27 sections 135C.23A and 135C.33 . 28 Sec. 3. Section 602.8102, Code 2011, is amended by adding 29 the following new subsection: 30 NEW SUBSECTION . 152. Notify the department of inspections 31 and appeals and the admitting entity upon commitment of a 32 person required to register as a sex offender as provided in 33 section 692A.103 to a nursing facility or residential care 34 facility as defined in section 135C.1, or assisted living 35 -2- LSB 5519XL (3) 84 ad/rj 2/ 5

S.F. _____ H.F. _____ program as defined in section 231C.2. 1 Sec. 4. EMERGENCY RULES. The department of inspections 2 and appeals shall adopt administrative rules under section 3 17A.4, subsection 3, and section 17A.5, subsection 2, paragraph 4 “b”, to implement the provisions of this Act and the rules 5 shall become effective immediately upon filing or on a later 6 effective date specified in the rules. Any rules adopted in 7 accordance with the provisions of this section shall also be 8 published as a notice of intended action as provided in section 9 17A.4. 10 Sec. 5. CURRENT RESIDENTS AND TENANTS —— ACCESS AND SEARCH 11 OF SEX OFFENDER REGISTRY AND NOTIFICATION. A nursing facility, 12 residential care facility, or assisted living program, within 13 three months of the adoption of the rules by the department of 14 inspections and appeals regarding notification of the admission 15 of persons required to register as a sex offender to a facility 16 or program and development and implementation of safety plans 17 relating to such admitted persons, shall access and search 18 the sex offender registry established in chapter 692A for 19 persons who were residents or tenants of a facility or program 20 prior to the adoption of the rules and who remain residents or 21 tenants of the facility or program after the adoption of the 22 rules. Upon determining that a resident or tenant is a person 23 required to register as a sex offender, the facility or program 24 shall, within three months of the adoption of the rules, notify 25 persons as required by section 135C.23A and the rules adopted 26 pursuant to that section and develop and implement a safety 27 plan as required by section 135C.23A and the rules adopted 28 pursuant to that section. 29 Sec. 6. EFFECTIVE UPON ENACTMENT. This Act, being deemed of 30 immediate importance, takes effect upon enactment. 31 EXPLANATION 32 This bill relates to notifying residents and tenants of 33 certain facilities and programs about the status of other 34 residents or tenants included on the state’s sex offender 35 -3- LSB 5519XL (3) 84 ad/rj 3/ 5

S.F. _____ H.F. _____ registry. 1 The bill requires the clerk of a court that is committing 2 a person required to register as a sex offender to a nursing 3 facility, residential care facility, or assisted living program 4 to notify the department of inspections and appeals (DIA) and 5 the facility or program to which the person is being committed. 6 The bill requires a nursing facility, residential care 7 facility, and assisted living program prior to or immediately 8 upon the admission of a resident or tenant to access and search 9 the sex offender registry to determine whether the resident or 10 tenant is included on the registry. 11 Upon the admission of a person required to register as a 12 sex offender, a nursing facility, residential care facility, 13 or assisted living program must provide notice as provided in 14 the DIA’s rules to residents or tenants, the emergency contact 15 or next of kin for residents or tenants, operators, owners, 16 managers, or employees of the facility or program, visitors to 17 the facility or program, and the county sheriff. 18 The bill also requires nursing facilities, residential 19 care facilities, and assisted living programs to develop and 20 implement a written safety plan complying with the DIA’s rules 21 relating to each person required to register as a sex offender 22 admitted to the facility or program. 23 The bill requires the DIA to establish rules for the 24 requirements of the notice including the method of notice and 25 time of notice, the requirements of the safety plans including 26 the safety plan for other residents and the community, 27 a provision for the responsibilities of the facility or 28 program, the operators, owners, managers, or employees, and 29 the residents and tenants, and a provision for the timely 30 development and implementation of safety plans, and civil 31 penalties for a violation of the bill. A person who violates 32 the requirements of the bill is subject to a civil penalty. 33 The bill requires the DIA to adopt emergency rules. 34 The bill provides that a nursing facility, residential care 35 -4- LSB 5519XL (3) 84 ad/rj 4/ 5

S.F. _____ H.F. _____ facility, or assisted living program, within three months 1 of the adoption of the DIA’s rules regarding sex offender 2 notification, is required to access and search the sex offender 3 registry to determine whether current residents or tenants 4 are on the registry. If a current resident or tenant is on 5 the sex offender registry, the nursing facility, residential 6 care facility, or assisted living program, within three months 7 of the adoption of the DIA’s rules, shall notify persons as 8 required under the bill and develop and implement a safety plan 9 as required under the bill. 10 The bill takes effect upon enactment. 11 -5- LSB 5519XL (3) 84 ad/rj 5/ 5