Senate File 2363 - Reprinted SENATE FILE 2363 BY COMMITTEE ON JUDICIARY (SUCCESSOR TO SSB 3025) (As Amended and Passed by the Senate March 22, 2022 ) A BILL FOR An Act relating to the requirements for a sex offender 1 to be granted a modification of sex offender registry 2 requirements. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 SF 2363 (6) 89 as/rh/mb

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 For an offender whose requirement to register as a sex 8 offender commenced prior to July 1, 2022, an application shall 9 not be granted unless all of the following apply: 10 a. The date of the commencement of the requirement to 11 register occurred at least two years prior to the filing of the 12 application for a tier I offender and five years prior to the 13 filing of the application for a tier II or III offender. 14 b. The sex offender has successfully completed all sex 15 offender treatment programs that have been required. 16 c. A risk assessment has been completed and the sex offender 17 was classified as a low risk to reoffend. The risk assessment 18 used to assess an offender as a low risk to reoffend shall 19 be a validated risk assessment approved by the department of 20 corrections. 21 d. The sex offender is not incarcerated when the application 22 is filed. 23 e. The director of the judicial district department 24 of correctional services supervising the sex offender, or 25 the director’s designee, stipulates to the modification, 26 and a certified copy of the stipulation is attached to the 27 application. 28 3. For an offender whose requirement to register as a sex 29 offender commenced on or after July 1, 2022, an application 30 shall not be granted unless all of the following apply: 31 a. A period of time has elapsed since the offender’s initial 32 registration as follows: 33 (1) (a) Except as otherwise provided in subparagraph 34 division (b), a tier I offender initially registered at least 35 -1- SF 2363 (6) 89 as/rh/mb 1/ 3

S.F. 2363 ten years prior to the filing of the application. 1 (b) A tier I offender who was under twenty years of age at 2 the time the offender committed a violation of section 709.4, 3 subsection 1, paragraph “b” , subparagraph (2), subparagraph 4 division (d), initially registered at least five years prior to 5 the filing of the application. 6 (2) A tier II or tier III offender initially registered at 7 least fifteen years prior to the filing of the application. 8 b. The sex offender has successfully completed all sex 9 offender treatment programs that have been required. 10 c. A risk assessment has been completed and the sex offender 11 was classified as a low risk to reoffend. The risk assessment 12 used to assess an offender as a low risk to reoffend shall 13 be a validated risk assessment approved by the department of 14 corrections. 15 d. The sex offender is not incarcerated when the application 16 is filed has successfully completed any pretrial release, 17 probation, parole, or work release for the offense requiring 18 registration . 19 e. The director of the judicial district department 20 of correctional services supervising the sex offender, or 21 the director’s designee, stipulates to the modification, 22 and a certified copy of the stipulation is attached to the 23 application. 24 f. The sex offender is not incarcerated when the application 25 is filed. 26 (1) A tier I offender must not have been convicted of any 27 criminal offense other than a simple misdemeanor, or a simple 28 or serious misdemeanor or traffic violation under chapter 321, 29 for the ten-year period immediately preceding the filing of the 30 application. 31 (2) A tier II or tier III offender shall not have been 32 convicted of any criminal offense other than a simple 33 misdemeanor, or a simple or serious misdemeanor or traffic 34 violation under chapter 321, for the fifteen-year period 35 -2- SF 2363 (6) 89 as/rh/mb 2/ 3

S.F. 2363 immediately preceding the filing of the application. 1 3. 4. The application shall be filed in the sex offender’s 2 county of principal residence. 3 4. 5. Notice of any application shall be provided to the 4 county attorney of the county of the sex offender’s principal 5 residence, the county attorney of any county in this state 6 where a conviction requiring the sex offender’s registration 7 occurred, and the department. The county attorney where the 8 conviction occurred shall notify the victim of an application 9 if the victim’s address is known. 10 5. 6. The court may, but is not required to, conduct 11 a hearing on the application to hear any evidence deemed 12 appropriate by the court. The court may modify the 13 registration requirements under this chapter by reducing the 14 registration period . 15 6. A sex offender may be granted a modification if the 16 offender is required to be on the sex offender registry as a 17 result of an adjudication for a sex offense, the offender is 18 not under the supervision of the juvenile court or a judicial 19 district judicial department of correctional services, and the 20 department of corrections agrees to perform a risk assessment 21 on the sex offender. However, all other provisions of this 22 section not in conflict with this subsection shall apply to the 23 application prior to an application being granted except that 24 the sex offender is not required to obtain a stipulation from 25 the director of a judicial district department of correctional 26 services, or the director’s designee. 27 7. If the court modifies the registration requirements 28 under this chapter , the court shall send a copy of the order to 29 the department, the sheriff of the county of the sex offender’s 30 principal residence, any county attorney notified in subsection 31 4 , and the victim, if the victim’s address is known. 32 -3- SF 2363 (6) 89 as/rh/mb 3/ 3