House File 2127 - Introduced HOUSE FILE 2127 BY WOLFE A BILL FOR An Act relating to sex offender applications to modify certain 1 sex offender registry requirements. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 5714YH (2) 85 jm/rj

H.F. 2127 Section 1. Section 692A.128, Code 2014, is amended to read 1 as 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 may 5 file an application in district court seeking to modify the 6 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 years prior to the filing of the 11 application for a tier I offender and five years prior to the 12 filing of the application for a tier II or III offender. 13 b. The sex offender has successfully completed all sex 14 offender treatment programs that have been required. 15 c. A risk assessment has been completed , if the sex offender 16 is under supervision, and the sex offender was classified as 17 a low risk to reoffend. The risk assessment used to assess an 18 offender as a low risk to reoffend shall be a validated risk 19 assessment approved by the department of corrections. 20 d. The sex offender is not incarcerated when the application 21 is filed. 22 e. The director of the judicial district department 23 of correctional services supervising the sex offender, or 24 the director’s designee, stipulates to the modification, 25 and a certified copy of the stipulation is attached to the 26 application. 27 3. The application shall be filed in the sex offender’s 28 county of principal residence. 29 4. Notice of any application shall be provided to the 30 county attorney of the county of the sex offender’s principal 31 residence, the county attorney of any county in this state 32 where a conviction requiring the sex offender’s registration 33 occurred, and the department. The county attorney where the 34 conviction occurred shall notify the victim of an application 35 -1- LSB 5714YH (2) 85 jm/rj 1/ 3

H.F. 2127 if the victim’s address is known. 1 5. The court may, but is not required to, conduct a hearing 2 on the application to hear any evidence deemed appropriate by 3 the court. The court may modify the registration requirements 4 under this chapter . 5 6. A sex offender may be granted a modification if the 6 offender is required to be on the sex offender registry as a 7 result of an adjudication for a sex offense, the offender is 8 not under the supervision of the juvenile court or a judicial 9 district judicial department of correctional services, and the 10 department of corrections agrees to perform a risk assessment 11 on the sex offender. However, all other provisions of this 12 section not in conflict with this subsection shall apply to the 13 application prior to an application being granted except that 14 the sex offender is not required to obtain a stipulation from 15 the director of a judicial district department of correctional 16 services, or the director’s designee. 17 7. 6. If the court modifies the registration requirements 18 under this chapter , the court shall send a copy of the order to 19 the department, the sheriff of the county of the sex offender’s 20 principal residence, any county attorney notified in subsection 21 4 , and the victim, if the victim’s address is known. 22 EXPLANATION 23 The inclusion of this explanation does not constitute agreement with 24 the explanation’s substance by the members of the general assembly. 25 This bill relates to modifying the sex offender registry 26 requirements. 27 Under the bill, a sex offender is no longer required to 28 be under supervision of a judicial district department of 29 correctional services when filing an application to modify 30 the sex offender registry requirements. The bill also 31 eliminates the requirement that the director of the judicial 32 district department of correctional services supervising the 33 sex offender, or the director’s designee, stipulate to the 34 modification, prior to the filing of such an application. 35 -2- LSB 5714YH (2) 85 jm/rj 2/ 3

H.F. 2127 If a sex offender is under supervision at the time of the 1 application to modify the sex offender registry requirements, 2 the bill still requires that the judicial district department 3 of correctional services perform a risk assessment of the 4 offender, and that the sex offender be classified as a low risk 5 to reoffend in order to be eligible to file an application to 6 modify the sex offender registry requirements. 7 The bill does not alter the other requirements related to 8 filing an application to modify the sex offender requirements 9 under Code section 692A.128, such as passage of time since 10 initial registration, successful completion of sex offender 11 treatment, and current release from incarceration. 12 -3- LSB 5714YH (2) 85 jm/rj 3/ 3