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Senate File 2363 - ReprintedA 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 For an offender whose requirement to register as a sex
9offender commenced prior to July 1, 2022, an application shall
10not be granted unless all of the following apply:
11a. The date of the commencement of the requirement to
12register occurred at least two years prior to the filing of the
13application for a tier I offender and five years prior to the
14filing of the application for a tier II or III offender.
15b. The sex offender has successfully completed all sex
16offender treatment programs that have been required.
17c. A risk assessment has been completed and the sex offender
18was classified as a low risk to reoffend. The risk assessment
19used to assess an offender as a low risk to reoffend shall
20be a validated risk assessment approved by the department of
21corrections.
22d. The sex offender is not incarcerated when the application
23is filed.
24e. The director of the judicial district department
25of correctional services supervising the sex offender, or
26the director’s designee, stipulates to the modification,
27and a certified copy of the stipulation is attached to the
28application.
293. For an offender whose requirement to register as a sex
30offender commenced on or after July 1, 2022, an application
31shall not be granted unless all of the following apply:
32a. A period of time has elapsed since the offender’s initial
33registration as follows:
34(1) (a) Except as otherwise provided in subparagraph
35division (b), a tier I offender initially registered at least
-1-1ten years prior to the filing of the application.
2(b) A tier I offender who was under twenty years of age at
3the time the offender committed a violation of section 709.4,
4subsection 1, paragraph “b”, subparagraph (2), subparagraph
5division (d), initially registered at least five years prior to
6the filing of the application.
7(2) A tier II or tier III offender initially registered at
8least fifteen years prior to the filing of the application.
9b. The sex offender has successfully completed all sex
10offender treatment programs that have been required.
11c. A risk assessment has been completed and the sex offender
12was classified as a low risk to reoffend. The risk assessment
13used to assess an offender as a low risk to reoffend shall
14be a validated risk assessment approved by the department of
15corrections.
16d. The sex offender is not incarcerated when the application
17is filed has successfully completed any pretrial release,
18probation, parole, or work release for the offense requiring
19registration.
20e. The director of the judicial district department
21of correctional services supervising the sex offender, or
22the director’s designee, stipulates to the modification,
23and a certified copy of the stipulation is attached to the
24application.
25f. The sex offender is not incarcerated when the application
26is filed.
27(1) A tier I offender must not have been convicted of any
28criminal offense other than a simple misdemeanor, or a simple
29or serious misdemeanor or traffic violation under chapter 321,
30for the ten-year period immediately preceding the filing of the
31application.
32(2) A tier II or tier III offender shall not have been
33convicted of any criminal offense other than a simple
34misdemeanor, or a simple or serious misdemeanor or traffic
35violation under chapter 321, for the fifteen-year period
-2-1immediately preceding the filing of the application.
23. 4. The application shall be filed in the sex offender’s
3county of principal residence.
44. 5. Notice of any application shall be provided to the
5county attorney of the county of the sex offender’s principal
6residence, the county attorney of any county in this state
7where a conviction requiring the sex offender’s registration
8occurred, and the department. The county attorney where the
9conviction occurred shall notify the victim of an application
10if the victim’s address is known.
115. 6. The court may, but is not required to, conduct
12a hearing on the application to hear any evidence deemed
13appropriate by the court. The court may modify the
14registration requirements under this chapter by reducing the
15registration period.
166. A sex offender may be granted a modification if the
17offender is required to be on the sex offender registry as a
18result of an adjudication for a sex offense, the offender is
19not under the supervision of the juvenile court or a judicial
20district judicial department of correctional services, and the
21department of corrections agrees to perform a risk assessment
22on the sex offender. However, all other provisions of this
23section not in conflict with this subsection shall apply to the
24application prior to an application being granted except that
25the sex offender is not required to obtain a stipulation from
26the director of a judicial district department of correctional
27services, or the director’s designee.
287. If the court modifies the registration requirements
29under this chapter, the court shall send a copy of the order to
30the department, the sheriff of the county of the sex offender’s
31principal residence, any county attorney notified in subsection
324, and the victim, if the victim’s address is known.
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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 For an offender whose requirement to register as a sex
9offender commenced prior to July 1, 2022, an application shall
10not be granted unless all of the following apply:
11a. The date of the commencement of the requirement to
12register occurred at least two years prior to the filing of the
13application for a tier I offender and five years prior to the
14filing of the application for a tier II or III offender.
15b. The sex offender has successfully completed all sex
16offender treatment programs that have been required.
17c. A risk assessment has been completed and the sex offender
18was classified as a low risk to reoffend. The risk assessment
19used to assess an offender as a low risk to reoffend shall
20be a validated risk assessment approved by the department of
21corrections.
22d. The sex offender is not incarcerated when the application
23is filed.
24e. The director of the judicial district department
25of correctional services supervising the sex offender, or
26the director’s designee, stipulates to the modification,
27and a certified copy of the stipulation is attached to the
28application.
293. For an offender whose requirement to register as a sex
30offender commenced on or after July 1, 2022, an application
31shall not be granted unless all of the following apply:
32a. A period of time has elapsed since the offender’s initial
33registration as follows:
34(1) (a) Except as otherwise provided in subparagraph
35division (b), a tier I offender initially registered at least
-1-1ten years prior to the filing of the application.
2(b) A tier I offender who was under twenty years of age at
3the time the offender committed a violation of section 709.4,
4subsection 1, paragraph “b”, subparagraph (2), subparagraph
5division (d), initially registered at least five years prior to
6the filing of the application.
7(2) A tier II or tier III offender initially registered at
8least fifteen years prior to the filing of the application.
9b. The sex offender has successfully completed all sex
10offender treatment programs that have been required.
11c. A risk assessment has been completed and the sex offender
12was classified as a low risk to reoffend. The risk assessment
13used to assess an offender as a low risk to reoffend shall
14be a validated risk assessment approved by the department of
15corrections.
16d. The sex offender is not incarcerated when the application
17is filed has successfully completed any pretrial release,
18probation, parole, or work release for the offense requiring
19registration.
20e. The director of the judicial district department
21of correctional services supervising the sex offender, or
22the director’s designee, stipulates to the modification,
23and a certified copy of the stipulation is attached to the
24application.
25f. The sex offender is not incarcerated when the application
26is filed.
27(1) A tier I offender must not have been convicted of any
28criminal offense other than a simple misdemeanor, or a simple
29or serious misdemeanor or traffic violation under chapter 321,
30for the ten-year period immediately preceding the filing of the
31application.
32(2) A tier II or tier III offender shall not have been
33convicted of any criminal offense other than a simple
34misdemeanor, or a simple or serious misdemeanor or traffic
35violation under chapter 321, for the fifteen-year period
-2-1immediately preceding the filing of the application.
23. 4. The application shall be filed in the sex offender’s
3county of principal residence.
44. 5. Notice of any application shall be provided to the
5county attorney of the county of the sex offender’s principal
6residence, the county attorney of any county in this state
7where a conviction requiring the sex offender’s registration
8occurred, and the department. The county attorney where the
9conviction occurred shall notify the victim of an application
10if the victim’s address is known.
115. 6. The court may, but is not required to, conduct
12a hearing on the application to hear any evidence deemed
13appropriate by the court. The court may modify the
14registration requirements under this chapter by reducing the
15registration period.
166. A sex offender may be granted a modification if the
17offender is required to be on the sex offender registry as a
18result of an adjudication for a sex offense, the offender is
19not under the supervision of the juvenile court or a judicial
20district judicial department of correctional services, and the
21department of corrections agrees to perform a risk assessment
22on the sex offender. However, all other provisions of this
23section not in conflict with this subsection shall apply to the
24application prior to an application being granted except that
25the sex offender is not required to obtain a stipulation from
26the director of a judicial district department of correctional
27services, or the director’s designee.
287. If the court modifies the registration requirements
29under this chapter, the court shall send a copy of the order to
30the department, the sheriff of the county of the sex offender’s
31principal residence, any county attorney notified in subsection
324, and the victim, if the victim’s address is known.
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