House File 2161 - IntroducedA Bill ForAn Act 1relating to the requirements for a sex offender
2to be granted a modification of sex offender registry
3requirements.
4BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1   Section 1.  Section 692A.128, Code 2022, is amended to read
2as follows:
   3692A.128  Modification.
   41.  A sex offender who is on probation, parole, work release,
5special sentence, or any other type of conditional release
may
6file an application in district court seeking to modify the
7registration requirements under this chapter.
   82.  An application shall not be granted unless all of the
9following apply:
   10a.  The date of the commencement of the requirement to
11register occurred at least two years prior to the filing of
12the application for a tier I offender and five years prior to
13the filing of the application for a tier II or III offender.
14
 A period of time has elapsed since the date of the offender’s
15initial registration as follows:

   16(1)  (a)  Except as otherwise provided in subparagraph
17division (b), a tier I offender initially registered at least
18ten years prior to the filing of the application.
   19(b)  A tier I offender who was under twenty years of age at
20the time the offender committed a violation of section 709.4,
21subsection 1, paragraph “b”, subparagraph (2), subparagraph
22division (d), initially registered at least five years prior to
23the filing of the application.
   24(2)  A tier II or tier III offender initially registered at
25least twenty-five years prior to the filing of the application.
   26b.  The sex offender has successfully completed all sex
27offender treatment programs that have been required.
   28c.  A risk assessment has been completed and the sex offender
29was classified as a low risk to reoffend. The risk assessment
30used to assess an offender as a low risk to reoffend shall
31be a validated risk assessment approved by the department of
32corrections.
 The sex offender has successfully completed
33any period of probation, parole, special sentence, or other
34supervised release for the offense requiring registration.

   35d.  The sex offender is not incarcerated when the application
-1-1is filed.
   2e.  The director of the judicial district department
3of correctional services supervising the sex offender, or
4the director’s designee, stipulates to the modification,
5and a certified copy of the stipulation is attached to the
6application.
   7(1)  A tier I offender must not have been convicted of any
8criminal offenses other than simple misdemeanor violations of
9chapter 321 or local traffic ordinances for the ten-year period
10immediately preceding the filing of the application.
   11(2)  A tier II or tier III offender shall not have
12been convicted of any criminal offenses other than simple
13misdemeanor violations of chapter 321 or local traffic
14ordinances for the twenty-five-year period immediately
15preceding the filing of the application.
   163.  The application shall be filed in the sex offender’s
17county of principal residence.
   184.  Notice of any application shall be provided to the
19county attorney of the county of the sex offender’s principal
20residence, the county attorney of any county in this state
21where a conviction requiring the sex offender’s registration
22occurred, and the department. The county attorney where the
23conviction occurred shall notify the victim of an application
24if the victim’s address is known.
   255.  The court may, but is not required to, conduct a hearing
26on the application to hear any evidence deemed appropriate by
27the court. The court may modify the registration requirements
28under this chapter by reducing the registration period.
   296.  A sex offender may be granted a modification if the
30offender is required to be on the sex offender registry as a
31result of an adjudication for a sex offense, the offender is
32not under the supervision of the juvenile court or a judicial
33district judicial department of correctional services, and the
34department of corrections agrees to perform a risk assessment
35on the sex offender. However, all other provisions of this
-2-1section not in conflict with this subsection shall apply to the
2application prior to an application being granted except that
3the sex offender is not required to obtain a stipulation from
4the director of a judicial district department of correctional
5services, or the director’s designee.
   67.    6.  If the court modifies the registration requirements
7under this chapter, the court shall send a copy of the order to
8the department, the sheriff of the county of the sex offender’s
9principal residence, any county attorney notified in subsection
104, and the victim, if the victim’s address is known.
11EXPLANATION
12The inclusion of this explanation does not constitute agreement with
13the explanation’s substance by the members of the general assembly.
   14This bill changes the requirements for a sex offender
15to be granted a modification of the sex offender registry
16requirements. Under current law, a sex offender must be on
17probation, parole, work release, special sentence, or any
18other type of conditional release to file an application for a
19modification. The bill allows any sex offender on the Iowa sex
20offender registry to file an application for a modification.
   21Under current law, a sex offender will only be granted a
22modification by a court if the date of the commencement of
23the requirement to register occurred at least two years prior
24to the filing of the application for a tier I offender and
25five years prior to the filing of the application for a tier
26II or III offender. The bill changes these requirements and
27provides that a tier I offender must have initially registered
28at least 10 years prior to the filing of the application,
29except for a tier I offender who was under 20 years of age
30at the time the offender committed sexual abuse in the third
31degree under certain circumstances pursuant to Code section
32709.4(1)(b)(2)(d), who must have initially registered at least
33five years prior to the filing of the application. A tier II or
34tier III offender must have initially registered at least 25
35years prior to the filing of the application.
-3-
   1Under current law, a risk assessment approved by the
2department of corrections must be completed and an offender
3must be classified as a low risk to reoffend in order to be
4granted a modification. The bill strikes this requirement and
5allows a court to grant a modification if the offender has
6successfully completed any period of probation, parole, special
7sentence, or other supervised release for the offense requiring
8registration.
   9The bill provides that a tier I offender must not have
10been convicted of any criminal offenses other than simple
11misdemeanor violations of Code chapter 321 or local traffic
12ordinances for the 10-year period immediately preceding
13the filing of the application in order to be granted a
14modification. The bill provides that a tier II or tier III
15offender shall not have been convicted of any criminal offenses
16other than simple misdemeanor violations of Code chapter 321
17or local traffic ordinances for the 25-year period immediately
18preceding the filing of the application.
   19The bill allows a court to reduce the period in which a sex
20offender is required to register. The bill strikes current law
21allowing a sex offender to be granted a modification if the
22offender is required to be on the sex offender registry as a
23result of an adjudication for a sex offense, the offender is
24not under the supervision of the juvenile court or a judicial
25district judicial department of correctional services, and the
26department of corrections agrees to perform a risk assessment
27on the sex offender.
   28Under current law, the director of the judicial district
29department of correctional services supervising the sex
30offender, or the director’s designee, must stipulate to the
31modification. The bill strikes this requirement.
-4-
as/rh