HF 2127 (LSB 5714YH (2) 85)

HOUSE FILE 2127

BY  WOLFE

A BILL FOR

An Act relating to sex offender applications to modify certain sex offender registry requirements. 
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 692A.128, Code 2014, 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 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 years prior to the filing of the application for a tier I offender and five years prior to the filing of the application for a tier II or III offender.
   b.  The sex offender has successfully completed all sex offender treatment programs that have been required.
   c.  A risk assessment has been completed, if the sex offender is under supervision, 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.
   d.  The sex offender is not incarcerated when the application is filed.
   e.  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.
   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 principal residence, the county attorney of any county in this state where a conviction requiring the sex offender’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 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.
   7.  6.  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.
EXPLANATION
The inclusion of this explanation does not constitute agreement with

the explanation’s substance by the members of the general assembly.
   This bill relates to modifying the sex offender registry requirements.
   Under the bill, a sex offender is no longer required to be under supervision of a judicial district department of correctional services when filing an application to modify the sex offender registry requirements. The bill also eliminates the requirement that the director of the judicial district department of correctional services supervising the sex offender, or the director’s designee, stipulate to the modification, prior to the filing of such an application. 
   If a sex offender is under supervision at the time of the application to modify the sex offender registry requirements, the bill still requires that the judicial district department of correctional services perform a risk assessment of the offender, and that the sex offender be classified as a low risk to reoffend in order to be eligible to file an application to modify the sex offender registry requirements. 
   The bill does not alter the other requirements related to filing an application to modify the sex offender requirements under Code section 692A.128, such as passage of time since initial registration, successful completion of sex offender treatment, and current release from incarceration.