Print
Senate File 2363 - 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 fifteen 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.
33d. The sex offender is not incarcerated when the application
34is filed has successfully completed any pretrial release,
35probation, parole, or work release for the offense requiring
-1-1registration.
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.
7f. The sex offender is not incarcerated when the application
8is filed.
9(1) A tier I offender must not have been convicted of any
10criminal offense other than a simple misdemeanor, or a simple
11or serious misdemeanor or traffic violation under chapter 321,
12for the ten-year period immediately preceding the filing of the
13application.
14(2) A tier II or tier III offender shall not have been
15convicted of any criminal offense other than a simple
16misdemeanor, or a simple or serious misdemeanor or traffic
17violation under chapter 321, for the fifteen-year period
18immediately preceding the filing of the application.
193. The application shall be filed in the sex offender’s
20county of principal residence.
214. Notice of any application shall be provided to the
22county attorney of the county of the sex offender’s principal
23residence, the county attorney of any county in this state
24where a conviction requiring the sex offender’s registration
25occurred, and the department. The county attorney where the
26conviction occurred shall notify the victim of an application
27if the victim’s address is known.
285. The court may, but is not required to, conduct a hearing
29on the application to hear any evidence deemed appropriate by
30the court. The court may modify the registration requirements
31under this chapter by reducing the registration period.
326. A sex offender may be granted a modification if the
33offender is required to be on the sex offender registry as a
34result of an adjudication for a sex offense, the offender is
35not under the supervision of the juvenile court or a judicial
-2-1district judicial department of correctional services, and the
2department of corrections agrees to perform a risk assessment
3on the sex offender. However, all other provisions of this
4section not in conflict with this subsection shall apply to the
5application prior to an application being granted except that
6the sex offender is not required to obtain a stipulation from
7the director of a judicial district department of correctional
8services, or the director’s designee.
97. 6. If the court modifies the registration requirements
10under this chapter, the court shall send a copy of the order to
11the department, the sheriff of the county of the sex offender’s
12principal residence, any county attorney notified in subsection
134, and the victim, if the victim’s address is known.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
17This bill changes the requirements for a sex offender
18to be granted a modification of the sex offender registry
19requirements. Under current law, a sex offender must be on
20probation, parole, work release, special sentence, or any
21other type of conditional release to file an application for a
22modification. The bill allows any sex offender on the Iowa sex
23offender registry to file an application for a modification.
24Under current law, an application to modify a sex offender’s
25registration requirements will only be granted by a court if
26certain requirements are met. The bill provides that all of
27the following requirements must be met: (1) a tier I offender
28must have initially registered at least 10 years prior to the
29filing of the application, except for a tier I offender who
30was under 20 years of age at the time the offender committed
31sexual abuse in the third degree under certain circumstances
32pursuant to Code section 709.4(1)(b)(3)(d), who must have
33initially registered at least five years prior to the filing of
34the application, and a tier II or tier III offender must have
35initially registered at least 15 years prior to the filing of
-3-1the application; (2) the sex offender must have successfully
2completed all required treatment programs; (3) a risk
3assessment approved by the department of corrections must be
4completed and the sex offender must be classified as a low risk
5to reoffend; (4) the sex offender has successfully completed
6any pretrial release, probation, parole, or work release
7for the offense requiring registration; (5) the director of
8the judicial district department of correctional services
9supervising the sex offender stipulates to the modification;
10and (6) the sex offender is not incarcerated at the time of
11application and meets additional requirements dependent upon
12the sex offender’s classification and offense.
13The bill allows a court to reduce the period in which a sex
14offender is required to register.
15The bill strikes current law allowing a sex offender to be
16granted a modification if the offender is required to be on
17the sex offender registry as a result of an adjudication for
18a sex offense, the offender is not under the supervision of
19the juvenile court or a judicial district judicial department
20of correctional services, and the department of corrections
21agrees to perform a risk assessment on the sex offender; and
22strikes the requirement that the director of the judicial
23district department of correctional services supervising the
24sex offender, or the director’s designee, must stipulate to the
25modification.
-4-as/rh
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 fifteen 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.
33d. The sex offender is not incarcerated when the application
34is filed has successfully completed any pretrial release,
35probation, parole, or work release for the offense requiring
-1-1registration.
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.
7f. The sex offender is not incarcerated when the application
8is filed.
9(1) A tier I offender must not have been convicted of any
10criminal offense other than a simple misdemeanor, or a simple
11or serious misdemeanor or traffic violation under chapter 321,
12for the ten-year period immediately preceding the filing of the
13application.
14(2) A tier II or tier III offender shall not have been
15convicted of any criminal offense other than a simple
16misdemeanor, or a simple or serious misdemeanor or traffic
17violation under chapter 321, for the fifteen-year period
18immediately preceding the filing of the application.
193. The application shall be filed in the sex offender’s
20county of principal residence.
214. Notice of any application shall be provided to the
22county attorney of the county of the sex offender’s principal
23residence, the county attorney of any county in this state
24where a conviction requiring the sex offender’s registration
25occurred, and the department. The county attorney where the
26conviction occurred shall notify the victim of an application
27if the victim’s address is known.
285. The court may, but is not required to, conduct a hearing
29on the application to hear any evidence deemed appropriate by
30the court. The court may modify the registration requirements
31under this chapter by reducing the registration period.
326. A sex offender may be granted a modification if the
33offender is required to be on the sex offender registry as a
34result of an adjudication for a sex offense, the offender is
35not under the supervision of the juvenile court or a judicial
-2-1district judicial department of correctional services, and the
2department of corrections agrees to perform a risk assessment
3on the sex offender. However, all other provisions of this
4section not in conflict with this subsection shall apply to the
5application prior to an application being granted except that
6the sex offender is not required to obtain a stipulation from
7the director of a judicial district department of correctional
8services, or the director’s designee.
97. 6. If the court modifies the registration requirements
10under this chapter, the court shall send a copy of the order to
11the department, the sheriff of the county of the sex offender’s
12principal residence, any county attorney notified in subsection
134, and the victim, if the victim’s address is known.
14EXPLANATION
15The inclusion of this explanation does not constitute agreement with
16the explanation’s substance by the members of the general assembly.
17This bill changes the requirements for a sex offender
18to be granted a modification of the sex offender registry
19requirements. Under current law, a sex offender must be on
20probation, parole, work release, special sentence, or any
21other type of conditional release to file an application for a
22modification. The bill allows any sex offender on the Iowa sex
23offender registry to file an application for a modification.
24Under current law, an application to modify a sex offender’s
25registration requirements will only be granted by a court if
26certain requirements are met. The bill provides that all of
27the following requirements must be met: (1) a tier I offender
28must have initially registered at least 10 years prior to the
29filing of the application, except for a tier I offender who
30was under 20 years of age at the time the offender committed
31sexual abuse in the third degree under certain circumstances
32pursuant to Code section 709.4(1)(b)(3)(d), who must have
33initially registered at least five years prior to the filing of
34the application, and a tier II or tier III offender must have
35initially registered at least 15 years prior to the filing of
-3-1the application; (2) the sex offender must have successfully
2completed all required treatment programs; (3) a risk
3assessment approved by the department of corrections must be
4completed and the sex offender must be classified as a low risk
5to reoffend; (4) the sex offender has successfully completed
6any pretrial release, probation, parole, or work release
7for the offense requiring registration; (5) the director of
8the judicial district department of correctional services
9supervising the sex offender stipulates to the modification;
10and (6) the sex offender is not incarcerated at the time of
11application and meets additional requirements dependent upon
12the sex offender’s classification and offense.
13The bill allows a court to reduce the period in which a sex
14offender is required to register.
15The bill strikes current law allowing a sex offender to be
16granted a modification if the offender is required to be on
17the sex offender registry as a result of an adjudication for
18a sex offense, the offender is not under the supervision of
19the juvenile court or a judicial district judicial department
20of correctional services, and the department of corrections
21agrees to perform a risk assessment on the sex offender; and
22strikes the requirement that the director of the judicial
23district department of correctional services supervising the
24sex offender, or the director’s designee, must stipulate to the
25modification.
-4-as/rh