S.F. 2363 Section 1. Section 692A.128, Code 2022, 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 11 the application for a tier I offender and five years prior to 12 the filing of the application for a tier II or III offender. 13 A period of time has elapsed since the date of the offender’s 14 initial registration as follows: 15 (1) (a) Except as otherwise provided in subparagraph 16 division (b), a tier I offender initially registered at least 17 ten years prior to the filing of the application. 18 (b) A tier I offender who was under twenty years of age at 19 the time the offender committed a violation of section 709.4, 20 subsection 1, paragraph “b” , subparagraph (2), subparagraph 21 division (d), initially registered at least five years prior to 22 the filing of the application. 23 (2) A tier II or tier III offender initially registered at 24 least fifteen years prior to the filing of the application. 25 b. The sex offender has successfully completed all sex 26 offender treatment programs that have been required. 27 c. A risk assessment has been completed and the sex offender 28 was classified as a low risk to reoffend. The risk assessment 29 used to assess an offender as a low risk to reoffend shall 30 be a validated risk assessment approved by the department of 31 corrections. 32 d. The sex offender is not incarcerated when the application 33 is filed has successfully completed any pretrial release, 34 probation, parole, or work release for the offense requiring 35 -1- LSB 5315SV (5) 89 as/rh 1/ 4

S.F. 2363 registration . 1 e. The director of the judicial district department 2 of correctional services supervising the sex offender, or 3 the director’s designee, stipulates to the modification, 4 and a certified copy of the stipulation is attached to the 5 application. 6 f. The sex offender is not incarcerated when the application 7 is filed. 8 (1) A tier I offender must not have been convicted of any 9 criminal offense other than a simple misdemeanor, or a simple 10 or serious misdemeanor or traffic violation under chapter 321, 11 for the ten-year period immediately preceding the filing of the 12 application. 13 (2) A tier II or tier III offender shall not have been 14 convicted of any criminal offense other than a simple 15 misdemeanor, or a simple or serious misdemeanor or traffic 16 violation under chapter 321, for the fifteen-year period 17 immediately preceding the filing of the application. 18 3. The application shall be filed in the sex offender’s 19 county of principal residence. 20 4. Notice of any application shall be provided to the 21 county attorney of the county of the sex offender’s principal 22 residence, the county attorney of any county in this state 23 where a conviction requiring the sex offender’s registration 24 occurred, and the department. The county attorney where the 25 conviction occurred shall notify the victim of an application 26 if the victim’s address is known. 27 5. The court may, but is not required to, conduct a hearing 28 on the application to hear any evidence deemed appropriate by 29 the court. The court may modify the registration requirements 30 under this chapter by reducing the registration period . 31 6. A sex offender may be granted a modification if the 32 offender is required to be on the sex offender registry as a 33 result of an adjudication for a sex offense, the offender is 34 not under the supervision of the juvenile court or a judicial 35 -2- LSB 5315SV (5) 89 as/rh 2/ 4

S.F. 2363 district judicial department of correctional services, and the 1 department of corrections agrees to perform a risk assessment 2 on the sex offender. However, all other provisions of this 3 section not in conflict with this subsection shall apply to the 4 application prior to an application being granted except that 5 the sex offender is not required to obtain a stipulation from 6 the director of a judicial district department of correctional 7 services, or the director’s designee. 8 7. 6. If the court modifies the registration requirements 9 under this chapter , the court shall send a copy of the order to 10 the department, the sheriff of the county of the sex offender’s 11 principal residence, any county attorney notified in subsection 12 4 , and the victim, if the victim’s address is known. 13 EXPLANATION 14 The inclusion of this explanation does not constitute agreement with 15 the explanation’s substance by the members of the general assembly. 16 This bill changes the requirements for a sex offender 17 to be granted a modification of the sex offender registry 18 requirements. Under current law, a sex offender must be on 19 probation, parole, work release, special sentence, or any 20 other type of conditional release to file an application for a 21 modification. The bill allows any sex offender on the Iowa sex 22 offender registry to file an application for a modification. 23 Under current law, an application to modify a sex offender’s 24 registration requirements will only be granted by a court if 25 certain requirements are met. The bill provides that all of 26 the following requirements must be met: (1) a tier I offender 27 must have initially registered at least 10 years prior to the 28 filing of the application, except for a tier I offender who 29 was under 20 years of age at the time the offender committed 30 sexual abuse in the third degree under certain circumstances 31 pursuant to Code section 709.4(1)(b)(3)(d), who must have 32 initially registered at least five years prior to the filing of 33 the application, and a tier II or tier III offender must have 34 initially registered at least 15 years prior to the filing of 35 -3- LSB 5315SV (5) 89 as/rh 3/ 4

S.F. 2363 the application; (2) the sex offender must have successfully 1 completed all required treatment programs; (3) a risk 2 assessment approved by the department of corrections must be 3 completed and the sex offender must be classified as a low risk 4 to reoffend; (4) the sex offender has successfully completed 5 any pretrial release, probation, parole, or work release 6 for the offense requiring registration; (5) the director of 7 the judicial district department of correctional services 8 supervising the sex offender stipulates to the modification; 9 and (6) the sex offender is not incarcerated at the time of 10 application and meets additional requirements dependent upon 11 the sex offender’s classification and offense. 12 The bill allows a court to reduce the period in which a sex 13 offender is required to register. 14 The bill strikes current law allowing a sex offender to be 15 granted a modification if the offender is required to be on 16 the sex offender registry as a result of an adjudication for 17 a sex offense, the offender is not under the supervision of 18 the juvenile court or a judicial district judicial department 19 of correctional services, and the department of corrections 20 agrees to perform a risk assessment on the sex offender; and 21 strikes the requirement that the director of the judicial 22 district department of correctional services supervising the 23 sex offender, or the director’s designee, must stipulate to the 24 modification. 25 -4- LSB 5315SV (5) 89 as/rh 4/ 4