House File 552 - Introduced HOUSE FILE 552 BY COMMITTEE ON HUMAN RESOURCES (SUCCESSOR TO HF 53) A BILL FOR An Act providing for placement, release, notice, and safety 1 procedures relating to sex offenders and nursing facilities, 2 residential care facilities, and assisted living programs, 3 and providing penalties and including effective date 4 provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 6 TLSB 1370HV (2) 85 ad/rj

H.F. 552 Section 1. NEW SECTION . 135C.23A Sex offender notification. 1 1. Upon commitment of a person required to register as a sex 2 offender as provided in section 692A.103 to a nursing facility, 3 residential care facility, or assisted living program as 4 defined in section 231C.2, that agrees to the commitment, the 5 clerk of the committing court shall notify the department of 6 inspections and appeals and the admitting facility or program. 7 2. Prior to admission of a resident or tenant to a nursing 8 facility, residential care facility, or assisted living 9 program, the facility or program shall access and search the 10 sex offender registry established in chapter 692A to determine 11 whether the resident or tenant is a person required to register 12 as a sex offender, as provided in section 692A.103. 13 3. Upon the admission of a person required to register as a 14 sex offender, a nursing facility, residential care facility, or 15 assisted living program shall provide notice of the admission, 16 in accordance with the federal Health Insurance Portability and 17 Accountability Act of 1996, Pub. L. No. 104-191, other state 18 and federal regulations, and rules adopted by the department, 19 to all of the following persons: 20 a. Residents or tenants of the facility or program. 21 b. The emergency contact person or the person on record with 22 the facility or program as the next of kin for residents or 23 tenants of the facility or program. 24 c. Operators, owners, managers, or employees of the facility 25 or program. 26 d. Visitors to the facility or program. 27 e. The sheriff for the county in which the facility or 28 program is located. The sheriff shall notify local law 29 enforcement agencies. 30 4. Upon the admission of a person required to register as a 31 sex offender, a nursing facility, residential care facility, or 32 assisted living program shall develop and implement a written 33 safety plan for each such person in accordance with rules 34 adopted by the department. 35 -1- LSB 1370HV (2) 85 ad/rj 1/ 18

H.F. 552 5. The requirement of a nursing facility, residential 1 care facility, or assisted living program under this section 2 to provide notice pursuant to subsection 3 or to develop and 3 implement a written safety plan pursuant to subsection 4 is 4 contingent upon the commencement of operations of a state 5 or private facility, as noticed by the department of human 6 services, that offers adequate placements for persons who are 7 required to register as a sex offender pursuant to chapter 692A 8 and who require the type of medical and personal care provided 9 by a nursing facility, residential care facility, or assisted 10 living program. 11 6. The department shall establish by rule, all of the 12 following: 13 a. The requirements of the notice required under this 14 section. The rules shall include but are not limited to 15 provisions for the method of notice and time of notice to each 16 of the persons enumerated in subsection 3. 17 b. The requirements of a safety plan for persons required 18 to register as a sex offender who are admitted by a nursing 19 facility, residential care facility, or assisted living 20 program. The rules shall include but are not limited to all of 21 the following: 22 (1) A plan for the safety of residents, tenants, and staff 23 of the facility or program. 24 (2) A plan for the safety of others when community functions 25 are held at a facility or program and when a person required to 26 register as a sex offender is not on the premises of a facility 27 or program but the person remains within the care, custody, and 28 control of the facility or program. 29 (3) A provision to establish the responsibilities of a 30 nursing facility, residential care facility, and assisted 31 living program and the operators, owners, managers, and 32 employees of facilities and programs in implementing a safety 33 plan. 34 (4) A provision for the timely development and 35 -2- LSB 1370HV (2) 85 ad/rj 2/ 18

H.F. 552 implementation of a safety plan. 1 7. The department shall work with interested stakeholders 2 in developing the proposed rules under this section. 3 8. A violation of this section is subject to the imposition 4 of a civil penalty in accordance with rules adopted by the 5 department pursuant to this section. 6 Sec. 2. Section 229A.8A, subsection 5, Code 2013, is amended 7 to read as follows: 8 5. Committed Except as provided in subsection 6A, committed 9 persons in the transitional release program are not necessarily 10 required to be segregated from other persons. 11 Sec. 3. Section 229A.8A, Code 2013, is amended by adding the 12 following new subsection: 13 NEW SUBSECTION . 6A. Persons in the transitional release 14 program shall not be released to a health care facility as 15 defined in section 135C.1 or an assisted living program as 16 defined in section 231C.2. 17 Sec. 4. Section 229A.9A, Code 2013, is amended by adding the 18 following new subsection: 19 NEW SUBSECTION . 3A. If a release with or without 20 supervision is ordered, the committed person shall not be 21 released to a health care facility as defined in section 135C.1 22 or an assisted living program as defined in section 231C.2. 23 Sec. 5. Section 231C.3, subsection 9, Code 2013, is amended 24 to read as follows: 25 9. An assisted living program shall comply with section 26 sections 135C.23A and 135C.33 . 27 Sec. 6. Section 231C.5A, Code 2013, is amended to read as 28 follows: 29 231C.5A Assessment Admission and assessment of tenants —— 30 program eligibility. 31 1. An assisted living program receiving reimbursement 32 through the medical assistance program under chapter 249A shall 33 assist the department of veterans affairs in identifying, upon 34 admission of a tenant, the tenant’s eligibility for benefits 35 -3- LSB 1370HV (2) 85 ad/rj 3/ 18

H.F. 552 through the United States department of veterans affairs. The 1 assisted living program shall also assist the commission of 2 veterans affairs in determining such eligibility for tenants 3 residing in the program on July 1, 2009. The department of 4 inspections and appeals, in cooperation with the department of 5 human services, shall adopt rules to administer this section , 6 including a provision that ensures that if a tenant is eligible 7 for benefits through the United States department of veterans 8 affairs or other third-party payor, the payor of last resort 9 for reimbursement to the assisted living program is the medical 10 assistance program. The rules shall also require the assisted 11 living program to request information from a tenant or tenant’s 12 personal representative regarding the tenant’s veteran status 13 and to report to the department of veterans affairs only the 14 names of tenants identified as potential veterans along with 15 the names of their spouses and any dependents. Information 16 reported by the assisted living program shall be verified by 17 the department of veterans affairs. 18 2. An assisted living program is not required to enter 19 into a lease or occupancy agreement with an individual through 20 court order, referral, or other means without the express prior 21 approval of the manager of the assisted living program. 22 Sec. 7. Section 231C.14, subsection 1, Code 2013, is amended 23 by adding the following new paragraph: 24 NEW PARAGRAPH . d. Noncompliance with section 135C.23A. 25 Sec. 8. Section 602.8102, Code 2013, is amended by adding 26 the following new subsection: 27 NEW SUBSECTION . 152. Notify the department of inspections 28 and appeals and the admitting entity upon commitment of a 29 person required to register as a sex offender as provided in 30 section 692A.103 to a nursing facility or residential care 31 facility as defined in section 135C.1, or an assisted living 32 program as defined in section 231C.2, that agrees to the 33 commitment. 34 Sec. 9. PLACEMENT OF PERSONS REQUIRED TO REGISTER. 35 -4- LSB 1370HV (2) 85 ad/rj 4/ 18

H.F. 552 1. For purposes of this section, “adequate placement” means 1 a placement that will provide the level of care necessary for 2 a person including the level of care provided by a nursing 3 facility or residential care facility. 4 2. Upon the completion of a request for proposals process 5 as allowed under this section and commencement of operations 6 of a state or private facility offering adequate placement 7 under this section through December 31, 2014, the department of 8 human services, in compliance with federal and state law, shall 9 secure adequate placements for persons required to register 10 as a sex offender pursuant to chapter 692A who are being 11 released from the custody of the department of corrections 12 or a judicial district department of correctional services 13 and require the type of medical and personal care provided by 14 a nursing facility, residential care facility, or assisted 15 living program; who are being discharged or transferred from 16 nursing facilities, residential care facilities, or assisted 17 living programs pursuant to a provision of this Act; or who 18 require the type of medical and personal care provided by 19 nursing facilities, residential care facilities, or assisted 20 living programs when the persons are unable to gain access 21 to a facility or program because the persons are required to 22 register on the sex offender registry. 23 3. The department of human services may use a state facility 24 to provide care for such persons or may conduct a request for 25 proposal process to contract with a private facility to care 26 for such persons. A request for proposals shall identify the 27 reimbursement rate, the necessary staffing and the necessary 28 training for staff in the facility or program, and the 29 necessary security measures to ensure the safety of residents, 30 staff, and visitors of the facility or program. The department 31 of human services shall begin the request for proposals process 32 no later than September 1, 2013. 33 4. The department of human services shall secure an adequate 34 placement for such a person within ten business days of being 35 -5- LSB 1370HV (2) 85 ad/rj 5/ 18

H.F. 552 notified by the department of corrections, the department of 1 inspections and appeals, or a nursing facility, residential 2 care facility, or assisted living program that placement is 3 needed for such person, provided that such period shall not 4 commence until the department of public safety receives and 5 approves registration data and makes such data available on 6 the sex offender registry internet site pursuant to section 7 692A.121, subsection 12. 8 5. The department of human services shall notify the general 9 assembly as provided in section 7A.11 and the governor in 10 writing of the commencement of operations of a state or private 11 facility offering adequate placements under this section. 12 Sec. 10. WORKFORCE DEVELOPMENT TASK FORCE. 13 1. The department of human services shall convene and 14 provide support to a health and mental health services for 15 sexual offender workforce development task force to address 16 issues connected with ensuring that an adequate workforce is 17 available in the state to provide health and mental health 18 services to persons required to register as a sex offender 19 pursuant to section 692A.103. The task force shall report at 20 least annually to the governor and general assembly providing 21 findings, recommendations, and financing information concerning 22 the findings and recommendations. 23 2. The membership of the task force shall include all of the 24 following: 25 a. The director of the department on aging or the director’s 26 designee. 27 b. The director of the department of corrections or the 28 director’s designee. 29 c. The director of the department of education or the 30 director’s designee. 31 d. The director of human services or the director’s 32 designee. 33 e. The director of the department of public health or the 34 director’s designee. 35 -6- LSB 1370HV (2) 85 ad/rj 6/ 18

H.F. 552 f. The director of the department of workforce development 1 or the director’s designee. 2 g. At least three individuals who are required to register 3 as a sex offender and who are receiving mental health or health 4 services, or relatives of such individuals. 5 h. At least three providers of mental health or health 6 services for individuals who are required to register as a sex 7 offender. 8 i. At least three representatives of the direct care 9 workforce who provide direct care to persons required to 10 register as a sex offender who have personal, mental health, or 11 health care needs. 12 j. At least three individuals who are survivors of sexual 13 assault, or relatives of such individuals. 14 k. Other persons identified by the task force. 15 3. In addition to the members identified in subsection 16 2, the membership of the task force shall include four 17 members of the general assembly serving in a ex officio, 18 nonvoting capacity. One member shall be designated by each 19 of the following: the majority leader of the senate, the 20 minority leader of the senate, the speaker of the house of 21 representatives, and the minority leader of the house of 22 representatives. A legislative member serves for a term as 23 provided in section 69.16B. 24 4. Except as provided in subsection 3 for legislative 25 appointments, the task force shall determine its own rules of 26 procedure, membership terms, and operating provisions. 27 Sec. 11. FACILITY FOR SEXUAL OFFENDERS COMMITTEE AND 28 REPORT. 29 1. The department of inspections and appeals, in 30 conjunction with the department of human services, shall 31 establish and facilitate the activities of a committee of 32 stakeholders to examine options for designating a facility to 33 provide care for persons in this state who are required to 34 register as a sex offender pursuant to section 692A.103 and 35 -7- LSB 1370HV (2) 85 ad/rj 7/ 18

H.F. 552 require the type of personal or medical care provided at a 1 nursing facility, residential care facility, or assisted living 2 program. 3 2. The membership of the committee shall include but is not 4 limited to the following: 5 a. Representatives of the departments of inspections 6 and appeals, human services, public health, corrections, and 7 aging, the office of the state public defender, the office of 8 the citizens’ aide, the office of the state long-term care 9 resident’s advocate, and the judicial branch. 10 b. Consumers of services provided by health care facilities 11 and family members of consumers. 12 c. Representatives of the health care industry and industry 13 associations. 14 d. Direct care workers employed by health care facilities. 15 e. Representatives from the Iowa legal aid. 16 f. Representatives from AARP Iowa. 17 g. Representatives from the Iowa civil liberties union. 18 h. Representatives of the Iowa coalition against sexual 19 assault. 20 i. Other stakeholders as the department of inspections and 21 appeals and the department of human services deem necessary. 22 j. Four ex officio, nonvoting members from the general 23 assembly with not more than one member from each chamber being 24 from the same political party. The two senators shall be 25 appointed, one each, by the majority leader of the senate and 26 the minority leader of the senate. The two representatives 27 shall be appointed, one each, by the speaker of the house 28 of representatives and the minority leader of the house of 29 representatives. 30 3. The committee shall discuss and make recommendations on 31 all of the following: 32 a. Options to create a new facility or assist an existing 33 facility to expand services to provide care for persons who 34 are no longer under judicial control, but who are required to 35 -8- LSB 1370HV (2) 85 ad/rj 8/ 18

H.F. 552 register as sex offenders, and require the type of personal 1 or medical care provided at a nursing facility, residential 2 care facility, or assisted living program. The committee shall 3 identify the characteristics of a client for such a facility, 4 the need for such a facility, options for creating a new 5 facility to house such persons, options for the expansion of 6 an existing facility to house such persons, options for using 7 any alternative facilities for such purposes, options for a 8 public-private partnership for such a facility, options for 9 using part of a mental health institute to house such persons, 10 options to qualify a facility for Medicaid reimbursement, cost 11 projections for any recommendations, regulatory challenges, 12 and other information deemed relevant by the department of 13 inspections and appeals and the department of human services. 14 b. The responsibility of the court, the clerk of the 15 district court, the department of corrections, or any other 16 entity, department, or person to inform a nursing facility, 17 residential care facility, or an assisted living program, that 18 agrees to the commitment, of the admission of a person who is 19 required to register as a sex offender. 20 c. The responsibility of the court, clerk of the district 21 court, department of corrections, a facility, or any other 22 entity, department, or person to notify persons of the 23 discharge of a person who is required to register as a sex 24 offender from a nursing facility, residential care facility, or 25 assisted living program. 26 d. The requirements of a treatment safety plan for a person 27 admitted to a nursing facility, residential care facility, 28 or assisted living program who is required to register as a 29 sex offender. The treatment safety plan shall address the 30 procedure for notifying other residents of the residency of a 31 person required to register as a sex offender. 32 e. The establishment of a formal process for the department 33 of inspections and appeals to follow when completing facility 34 or assisted living program inspections or surveys. 35 -9- LSB 1370HV (2) 85 ad/rj 9/ 18

H.F. 552 f. The establishment of a system for the judicial branch to 1 identify facilities with the capacity to provide an appropriate 2 placement for a person requiring commitment when the person is 3 required to register as a sex offender. 4 4. The committee shall provide a report detailing its 5 findings and recommendations to the governor and the general 6 assembly by December 15, 2013. 7 Sec. 12. EMERGENCY RULES. If specifically authorized by 8 a provision of this Act, the department of inspections and 9 appeals may adopt administrative rules under section 17A.4, 10 subsection 3, and section 17A.5, subsection 2, paragraph 11 “b”, to implement the provisions and the rules shall become 12 effective immediately upon filing or on a later effective date 13 specified in the rules, unless the effective date is delayed by 14 the administrative rules review committee. Any rules adopted 15 in accordance with this section shall not take effect before 16 the rules are reviewed by the administrative rules review 17 committee. The delay authority provided to the administrative 18 rules review committee under section 17A.4, subsection 7, and 19 section 17A.8, subsection 9, shall be applicable to a delay 20 imposed under this section, notwithstanding a provision in 21 those sections making them inapplicable to section 17A.5, 22 subsection 2, paragraph “b”. Any rules adopted in accordance 23 with the provisions of this section shall also be published as 24 a notice of intended action as provided in section 17A.4. 25 Sec. 13. CURRENT RESIDENTS AND TENANTS —— ACCESS AND SEARCH 26 OF SEX OFFENDER REGISTRY AND NOTIFICATION. 27 1. Within three months of either of the actions described 28 in paragraph “a” or “b”, whichever occurs last, a nursing 29 facility, residential care facility, or assisted living 30 program, shall access and search the sex offender registry 31 established in chapter 692A for persons who were and remain 32 residents or tenants of the facility or program prior to and 33 after either of the actions described in paragraph “a” or “b”. 34 a. The adoption by the department of inspections and appeals 35 -10- LSB 1370HV (2) 85 ad/rj 10/ 18

H.F. 552 of rules regarding notification of the admission of persons 1 required to register as a sex offender to a facility or program 2 and regarding development and implementation of safety plans 3 relating to such admitted persons. 4 b. The commencement of operations of a state or private 5 facility offering adequate placements under this Act, as 6 noticed by the department of human services, that provides care 7 for persons who are required to register as a sex offender 8 pursuant to chapter 692A and who require the type of medical 9 and personal care provided by a nursing facility, residential 10 care facility, or assisted living program. 11 2. a. Upon determining that a resident or tenant is a 12 person required to register as a sex offender, the facility 13 or program shall work with the department of inspections and 14 appeals and the department of human services to transfer a sex 15 offender living in the facility or program, as an endangerment 16 to the safety of individuals in the facility or program based 17 on that person’s status as a sex offender, to a state or 18 private facility, or to notify persons as required by section 19 135C.23A and the rules adopted pursuant to that section and 20 develop and implement a safety plan as required by section 21 135C.23A and rules adopted pursuant to that section. 22 b. Within three months of either of the actions described 23 in subsection 1, paragraph “a” or “b”, whichever occurs last, 24 the resident or tenant shall be transferred or the facility 25 or program shall have notified persons as required by section 26 135C.23A and the rules adopted pursuant to that section and 27 shall have developed and implemented a safety plan as required 28 by section 135C.23A and the rules adopted pursuant to that 29 section. 30 c. The rules shall provide that, for purposes of this 31 section, a nursing facility, residential care facility, or 32 assisted living program has the right to discharge a current 33 resident or tenant based solely on the person’s status as a sex 34 offender as that person is an endangerment to the safety of 35 -11- LSB 1370HV (2) 85 ad/rj 11/ 18

H.F. 552 individuals in the facility or program, notwithstanding section 1 135C.23, subsection 3. 2 3. The department of human services shall notify the 3 department of inspections and appeals in writing of the 4 commencement of operations of a state or private facility 5 offering adequate placements under this Act. Upon receiving 6 this notice, the department of inspections and appeals 7 shall provide notice to nursing facilities, residential care 8 facilities, and assisted living programs of the commencement 9 of operations of a state or private facility offering adequate 10 placements under this Act. 11 Sec. 14. FUTURE RESIDENTS AND TENANTS —— DISCHARGE. If 12 a tenant or resident has been added to the sex offender 13 registry after a nursing facility, residential care facility, 14 or assisted living program has accessed and searched the 15 registry or if a resident or tenant is on the sex offender 16 registry of another state and the person’s status was not 17 disclosed to the nursing facility, residential care facility, 18 or assisted living program, either through an act of omission 19 or misrepresentation, the rules shall provide that a nursing 20 facility, residential care facility, or assisted living program 21 has the right to discharge the resident or tenant based solely 22 on the person’s status as a sex offender as that person is an 23 endangerment to the safety of individuals in the facility or 24 program, notwithstanding section 135C.23, subsection 3. 25 Sec. 15. EFFECTIVE UPON ENACTMENT. This Act, being deemed 26 of immediate importance, takes effect upon enactment. 27 EXPLANATION 28 This bill addresses the placement, release, notice, and 29 safety procedures relating to sex offenders and nursing 30 facilities, residential care facilities, and assisted living 31 programs. 32 NOTIFICATION OF COMMITMENT. The bill requires the clerk of 33 the committing court to notify the department of inspections 34 and appeals and the admitting facility or program, upon 35 -12- LSB 1370HV (2) 85 ad/rj 12/ 18

H.F. 552 commitment of a person required to register as a sex offender 1 to a nursing facility, residential care facility, or assisted 2 living program that agrees to the commitment. 3 SEX OFFENDER REGISTRY ACCESS. Before admitting a person 4 required to register as a sex offender, a nursing facility, 5 residential care facility, or assisted living program must 6 access and search the sex offender registry to determine 7 whether that person is required to register as a sex offender. 8 NOTICE OF ADMISSION/TREATMENT SAFETY PLAN. If admitting 9 a person required to register as a sex offender, a nursing 10 facility, residential care facility, or assisted living 11 program must provide notice of the admission to residents or 12 tenants; the emergency contact person or the person on record 13 as the next of kin of residents or tenants; operators, owners, 14 managers, employees; visitors of the facility or program; and 15 the sheriff for the county in which the facility or program 16 is located. The sheriff must provide notice to local law 17 enforcement agencies. The nursing facility, residential care 18 facility, or assisted living program must also develop and 19 implement a written safety plan, in accordance with rules 20 adopted by the department of inspections and appeals, for such 21 a person required to register as a sex offender. A violation 22 of these requirements may subject the facility or program to a 23 civil penalty. 24 CONTINGENCY. The requirement that a nursing facility, 25 residential care facility, or assisted living program provide 26 notice and develop and implement a written safety plan is 27 contingent on the commencement of operations of a state or 28 private facility that offers placement for persons required to 29 register as a sex offender and who need medical or personal 30 care that is generally provided by a nursing facility, 31 residential care facility, or assisted living program. 32 NOTICE OF NEW TEMPORARY FACILITY. The bill requires the 33 department of human services to notify the department of 34 inspections and appeals in writing of the commencement of 35 -13- LSB 1370HV (2) 85 ad/rj 13/ 18

H.F. 552 operations at a state or private facility as required under the 1 bill. 2 RULES. The department of inspections and appeals is 3 required to establish the requirements of the notice provided 4 by the facility or program and the requirements of the safety 5 plan. The notice requirements must include but are not limited 6 to provisions for the method of the notice and the time of 7 the notice. The requirements of the safety plan must include 8 but are not limited to a plan for the safety of residents, 9 tenants, and staff; a plan for the safety of others when 10 community functions are held at the facility or program or when 11 a person required to register as a sex offender is not on the 12 premises of the facility or program, but remains in the care 13 and custody of the facility or program; the responsibilities of 14 the facility or program and its operators, owners, managers, 15 and employees; and the timely development and implementation 16 of a safety plan. 17 SEXUALLY VIOLENT PREDATORS. The bill provides that persons 18 committed as sexually violent predators that are in the 19 transitional release program governed by Code chapter 229A 20 shall not be released to a health care facility or an assisted 21 living program. The bill further provides that a person 22 committed as a sexually violent predator shall not be released 23 to a health care facility or assisted living program when a 24 release with or without supervision is ordered. The bill makes 25 conforming amendments. 26 ASSISTED LIVING PROGRAM. The bill provides that an assisted 27 living program is not required to enter into an occupancy 28 agreement with an individual through court order, referral, or 29 other means without the express prior approval of the manager 30 of the assisted living program. 31 TEMPORARY FACILITY PLACEMENTS. The bill also addresses 32 placement of persons required to register as a sex offender 33 pursuant to Code chapter 692A. The bill requires that 34 after completion of a request for proposals process and the 35 -14- LSB 1370HV (2) 85 ad/rj 14/ 18

H.F. 552 commencement of operations of a state or private facility 1 offering adequate placement until December 31, 2014, the 2 department of human services must secure adequate placement 3 for certain persons required to register as a sex offender. 4 The department of human services must secure placement for the 5 following: a sex offender being released from the custody of 6 the department of corrections or a judicial district department 7 of correctional services when that person needs medical and 8 personal care provided by a nursing facility, residential 9 care facility, or assisted living program; a sex offender who 10 is being discharged or transferred from a nursing facility, 11 residential care facility, or assisted living program pursuant 12 to a provision of the bill; or a person who requires the type 13 of medical and personal care provided by a nursing facility, 14 residential care facility, or assisted living program who is 15 unable to gain access to a facility or program because the 16 person is required to register on the sex offender registry. 17 The bill allows the department of human services to use a state 18 facility or to conduct a request for proposals process to 19 provide care for such persons, but requires that the request 20 for proposals process begin by September 1, 2013. The bill 21 requires the department of human services to secure adequate 22 placement for such a person as described above within 10 23 business days of being notified that placement is needed. The 24 department of human services must provide notice to the general 25 assembly and the governor upon commencement of operations of 26 the facility. 27 WORKFORCE DEVELOPMENT TASK FORCE. The bill requires 28 the department of human services to establish a workforce 29 development task force to address problems in ensuring that 30 an adequate workforce is available in the state to provide 31 health and mental health services to persons who are required 32 to register as a sex offender. The task force is required to 33 report its findings, recommendations, and financing information 34 for those findings and recommendations annually to the governor 35 -15- LSB 1370HV (2) 85 ad/rj 15/ 18

H.F. 552 and the general assembly. 1 PERMANENT FACILITY COMMITTEE. The bill directs the 2 department of inspections and appeals, in conjunction with 3 the department of human services, to establish and facilitate 4 a committee to examine options for a facility for sexual 5 offenders. The committee must consider options for a facility 6 which would provide care for persons who are required to 7 register as a sex offender and require the type of care 8 ordinarily provided by a nursing facility, residential care 9 facility, or assisted living program. The committee shall 10 identify the residents to be served by the facility; the need 11 for such a facility; options for creating a new facility, 12 expanding an existing facility, or using any alternative 13 facility for the purpose of housing identified persons; 14 options to qualify a facility for Medicaid reimbursement; cost 15 projections for the recommendations; and other information 16 deemed relevant. 17 The committee must also address the responsibility of the 18 court or the clerk of court, the department of corrections, 19 or any other entity to inform a nursing facility, residential 20 care facility, or assisted living program, that agrees to 21 the commitment, of the admission of a person who is required 22 to register as a sex offender and to notify persons of the 23 discharge of such a person. The committee must consider 24 and make recommendations on the requirements of a treatment 25 safety plan for a person who is required to register as a sex 26 offender when that person is admitted to a nursing facility, 27 residential care facility, or assisted living program. The 28 committee must consider the establishment of a formal process 29 for the department of inspections and appeals to follow when 30 completing facility or assisted living program inspections or 31 surveys. The committee must also consider the establishment 32 of a system for the judicial branch to identify facilities 33 with the capacity to provide an appropriate placement for a 34 person requiring commitment when the person also is required 35 -16- LSB 1370HV (2) 85 ad/rj 16/ 18

H.F. 552 to register as a sex offender. 1 The bill requires the committee to provide a report of its 2 findings and recommendations to the governor and the general 3 assembly by December 15, 2013. 4 EMERGENCY RULES. The bill allows the department of 5 inspections and appeals to adopt emergency rules. These rules 6 are not effective unless reviewed by the administrative rules 7 review committee. 8 CURRENT RESIDENTS AND TENANTS. The bill requires nursing 9 facilities, residential care facilities, and assisted living 10 programs, after either the adoption of rules by the department 11 of inspections and appeals regarding notification and the 12 development and implementation of safety plans in a facility or 13 program or the commencement of operations of a state or private 14 facility as required by the bill, whichever occurs last, 15 to access and search the sex offender registry for persons 16 who were and remain residents or tenants of the facility or 17 program after the adoption of the rules or the commencement of 18 operations of a state or private facility. 19 After a facility or program determines that a current 20 resident or tenant is required to register, the facility or 21 program must work with the department of inspections and 22 appeals and the department of human services to either transfer 23 a sex offender to the state or private facility based on that 24 person’s status as a sex offender as an endangerment to others 25 in the facility, or the facility or program must notify persons 26 as required by the bill and develop and implement a safety plan 27 for the sex offender as required by the bill. 28 The facility or program must have either transferred the 29 current resident or tenant required to register as a sex 30 offender or notified persons and developed and implemented a 31 safety plan for that resident or tenant within three months of 32 the adoption of the rules for notification and the safety plan 33 or the commencement of a state or private facility as required 34 by the bill. 35 -17- LSB 1370HV (2) 85 ad/rj 17/ 18

H.F. 552 FUTURE RESIDENTS AND TENANTS —— DISCHARGE. The bill states 1 that the rules adopted by the department of inspections and 2 appeals concerning residents or tenants in a facility or 3 program at the time rules are adopted or commencement of 4 operations of a facility or program take place must state that 5 a program or facility has the right to discharge a resident or 6 tenant based solely on the person’s status as a sex offender 7 and an endangerment to the safety of others. The bill also 8 requires that rules adopted by the department of inspections 9 and appeals allow a facility or program the right to discharge 10 a resident or tenant based solely on the person’s status as 11 a sex offender as an endangerment to others if a tenant or 12 resident was added to the sex offender registry after the 13 facility or program accessed the registry or if a resident or 14 tenant’s status was not disclosed to the facility or program. 15 The bill is effective upon enactment. 16 -18- LSB 1370HV (2) 85 ad/rj 18/ 18