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Senate File 2363 - EnrolledAn Actrelating to the requirements for a sex offender
to be granted a modification of sex offender registry
requirements.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 692A.128, Code 2022, is amended to read
as follows:
692A.128 Modification.
1. A sex offender who is on probation, parole, work release,
special sentence, or any other type of conditional release may
file an application in district court seeking to modify the
registration requirements under this chapter.
2. An For an offender whose requirement to register as a sex
offender commenced prior to July 1, 2022, an application shall
not be granted unless all of the following apply:
a. The date of the commencement of the requirement to
register occurred at least two years prior to the filing of the
application for a tier I offender and five years prior to the
filing of the application for a tier II or III offender.
b. The sex offender has successfully completed all sex
offender treatment programs that have been required.
c. A risk assessment has been completed and the sex offender
was classified as a low risk to reoffend. The risk assessment
used to assess an offender as a low risk to reoffend shall
be a validated risk assessment approved by the department of
corrections.
d. The sex offender is not incarcerated when the application
is filed.
e. The director of the judicial district department
of correctional services supervising the sex offender, or
the director’s designee, stipulates to the modification,
and a certified copy of the stipulation is attached to the
application.
3. For an offender whose requirement to register as a sex
offender commenced on or after July 1, 2022, an application
shall not be granted unless all of the following apply:
a. A period of time has elapsed since the offender’s initial
registration as follows:
(1) (a) Except as otherwise provided in subparagraph
division (b), a tier I offender initially registered at least
-1-ten years prior to the filing of the application.
(b) A tier I offender who was under twenty years of age at
the time the offender committed a violation of section 709.4,
subsection 1, paragraph “b”, subparagraph (2), subparagraph
division (d), initially registered at least five years prior to
the filing of the application.
(2) A tier II or tier III offender initially registered at
least fifteen years prior to the filing of the application.
b. The sex offender has successfully completed all sex
offender treatment programs that have been required.
c. A risk assessment has been completed and the sex offender
was classified as a low risk to reoffend. The risk assessment
used to assess an offender as a low risk to reoffend shall
be a validated risk assessment approved by the department of
corrections.
d. The sex offender is not incarcerated when the application
is filed has successfully completed any pretrial release,
probation, parole, or work release for the offense requiring
registration.
e. The director of the judicial district department
of correctional services supervising the sex offender, or
the director’s designee, stipulates to the modification,
and a certified copy of the stipulation is attached to the
application.
f. The sex offender is not incarcerated when the application
is filed.
(1) A tier I offender must not have been convicted of any
criminal offense other than a simple misdemeanor, or a simple
or serious misdemeanor or traffic violation under chapter 321,
for the ten-year period immediately preceding the filing of the
application.
(2) A tier II or tier III offender shall not have been
convicted of any criminal offense other than a simple
misdemeanor, or a simple or serious misdemeanor or traffic
violation under chapter 321, for the fifteen-year period
-2-immediately preceding the filing of the application.
3. 4. The application shall be filed in the sex offender’s
county of principal residence.
4. 5. Notice of any application shall be provided to the
county attorney of the county of the sex offender’s principal
residence, the county attorney of any county in this state
where a conviction requiring the sex offender’s registration
occurred, and the department. The county attorney where the
conviction occurred shall notify the victim of an application
if the victim’s address is known.
5. 6. The court may, but is not required to, conduct
a hearing on the application to hear any evidence deemed
appropriate by the court. The court may modify the
registration requirements under this chapter by reducing the
registration period.
6. A sex offender may be granted a modification if the
offender is required to be on the sex offender registry as a
result of an adjudication for a sex offense, the offender is
not under the supervision of the juvenile court or a judicial
district judicial department of correctional services, and the
department of corrections agrees to perform a risk assessment
on the sex offender. However, all other provisions of this
section not in conflict with this subsection shall apply to the
application prior to an application being granted except that
the sex offender is not required to obtain a stipulation from
the director of a judicial district department of correctional
services, or the director’s designee.
7. If the court modifies the registration requirements
under this chapter, the court shall send a copy of the order to
the department, the sheriff of the county of the sex offender’s
principal residence, any county attorney notified in subsection
4, and the victim, if the victim’s address is known.
______________________________
JAKE CHAPMANPresident of the Senate______________________________
PAT GRASSLEYSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 2363, Eighty-ninth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2022______________________________
KIM REYNOLDSGovernoras/rh/mb
to be granted a modification of sex offender registry
requirements.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
Section 1. Section 692A.128, Code 2022, is amended to read
as follows:
692A.128 Modification.
1. A sex offender who is on probation, parole, work release,
special sentence, or any other type of conditional release may
file an application in district court seeking to modify the
registration requirements under this chapter.
2. An For an offender whose requirement to register as a sex
offender commenced prior to July 1, 2022, an application shall
not be granted unless all of the following apply:
a. The date of the commencement of the requirement to
register occurred at least two years prior to the filing of the
application for a tier I offender and five years prior to the
filing of the application for a tier II or III offender.
b. The sex offender has successfully completed all sex
offender treatment programs that have been required.
c. A risk assessment has been completed and the sex offender
was classified as a low risk to reoffend. The risk assessment
used to assess an offender as a low risk to reoffend shall
be a validated risk assessment approved by the department of
corrections.
d. The sex offender is not incarcerated when the application
is filed.
e. The director of the judicial district department
of correctional services supervising the sex offender, or
the director’s designee, stipulates to the modification,
and a certified copy of the stipulation is attached to the
application.
3. For an offender whose requirement to register as a sex
offender commenced on or after July 1, 2022, an application
shall not be granted unless all of the following apply:
a. A period of time has elapsed since the offender’s initial
registration as follows:
(1) (a) Except as otherwise provided in subparagraph
division (b), a tier I offender initially registered at least
-1-ten years prior to the filing of the application.
(b) A tier I offender who was under twenty years of age at
the time the offender committed a violation of section 709.4,
subsection 1, paragraph “b”, subparagraph (2), subparagraph
division (d), initially registered at least five years prior to
the filing of the application.
(2) A tier II or tier III offender initially registered at
least fifteen years prior to the filing of the application.
b. The sex offender has successfully completed all sex
offender treatment programs that have been required.
c. A risk assessment has been completed and the sex offender
was classified as a low risk to reoffend. The risk assessment
used to assess an offender as a low risk to reoffend shall
be a validated risk assessment approved by the department of
corrections.
d. The sex offender is not incarcerated when the application
is filed has successfully completed any pretrial release,
probation, parole, or work release for the offense requiring
registration.
e. The director of the judicial district department
of correctional services supervising the sex offender, or
the director’s designee, stipulates to the modification,
and a certified copy of the stipulation is attached to the
application.
f. The sex offender is not incarcerated when the application
is filed.
(1) A tier I offender must not have been convicted of any
criminal offense other than a simple misdemeanor, or a simple
or serious misdemeanor or traffic violation under chapter 321,
for the ten-year period immediately preceding the filing of the
application.
(2) A tier II or tier III offender shall not have been
convicted of any criminal offense other than a simple
misdemeanor, or a simple or serious misdemeanor or traffic
violation under chapter 321, for the fifteen-year period
-2-immediately preceding the filing of the application.
3. 4. The application shall be filed in the sex offender’s
county of principal residence.
4. 5. Notice of any application shall be provided to the
county attorney of the county of the sex offender’s principal
residence, the county attorney of any county in this state
where a conviction requiring the sex offender’s registration
occurred, and the department. The county attorney where the
conviction occurred shall notify the victim of an application
if the victim’s address is known.
5. 6. The court may, but is not required to, conduct
a hearing on the application to hear any evidence deemed
appropriate by the court. The court may modify the
registration requirements under this chapter by reducing the
registration period.
6. A sex offender may be granted a modification if the
offender is required to be on the sex offender registry as a
result of an adjudication for a sex offense, the offender is
not under the supervision of the juvenile court or a judicial
district judicial department of correctional services, and the
department of corrections agrees to perform a risk assessment
on the sex offender. However, all other provisions of this
section not in conflict with this subsection shall apply to the
application prior to an application being granted except that
the sex offender is not required to obtain a stipulation from
the director of a judicial district department of correctional
services, or the director’s designee.
7. If the court modifies the registration requirements
under this chapter, the court shall send a copy of the order to
the department, the sheriff of the county of the sex offender’s
principal residence, any county attorney notified in subsection
4, and the victim, if the victim’s address is known.
______________________________
JAKE CHAPMANPresident of the Senate______________________________
PAT GRASSLEYSpeaker of the House I hereby certify that this bill originated in the Senate and is known as Senate File 2363, Eighty-ninth General Assembly.______________________________
W. CHARLES SMITHSONSecretary of the SenateApproved _______________, 2022______________________________
KIM REYNOLDSGovernoras/rh/mb