Bill Text: IA HF2401 | 2017-2018 | 87th General Assembly | Amended
Bill Title: A bill for an act relating to sexual offenses, including provisions relating to sex offenders and sexually violent predators and sexual offenses involving a child, providing penalties, and including effective date provisions. (Formerly HSB 641.)
Spectrum: Committee Bill
Status: (Engrossed - Dead) 2018-03-14 - Subcommittee recommends amendment and passage. [HF2401 Detail]
Download: Iowa-2017-HF2401-Amended.html
House File 2401 - Reprinted HOUSE FILE BY COMMITTEE ON PUBLIC SAFETY (SUCCESSOR TO HSB 641) (As Amended and Passed by the House March 7, 2018) A BILL FOR 1 An Act relating to sexual offenses, including provisions 2 relating to sex offenders and sexually violent predators and 3 sexual offenses involving a child, providing penalties, and 4 including effective date provisions. 5 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: HF 2401 (2) 87 hb/rh/md PAG LIN 1 1 DIVISION I 1 2 SEXUALLY VIOLENT PREDATORS ACCUMULATION OF EARNED TIME 1 3 Section 1. Section 229A.2, subsection 4, Code 2018, is 1 4 amended to read as follows: 1 5 4. "Discharge" means an unconditional discharge from the 1 6 sexually violent predator program. A person released from a 1 7 secure facility into a transitional release program or released 1 8 withor withoutsupervision is not considered to be discharged. 1 9 Sec. 2. Section 229A.5B, subsection 1, unnumbered paragraph 1 10 1, Code 2018, is amended to read as follows: 1 11 A person who is detained pursuant to section 229A.5 or is 1 12 subject to an order of civil commitment under this chapter 1 13 shall remain in custody unless released by court order or 1 14 discharged under section 229A.8 or 229A.10. A person who has 1 15 been placed in a transitional release program or who is under 1 16 release withor withoutsupervision is considered to be in 1 17 custody. A person in custody under this chapter shall not do 1 18 any of the following: 1 19 Sec. 3. Section 229A.5C, subsection 4, Code 2018, is amended 1 20 to read as follows: 1 21 4. A person who committed a public offense while in a 1 22 transitional release program or on release withor without1 23 supervision may be returned to a secure facility operated by 1 24 the department of human services upon completion of any term 1 25 of confinement that resulted from the commission of the public 1 26 offense. 1 27 Sec. 4. Section 229A.6A, subsection 1, paragraph d, Code 1 28 2018, is amended to read as follows: 1 29 d. To a facility for placement or treatment in a 1 30 transitional release program or for release withor without1 31 supervision. A transport order is not required under this 1 32 paragraph. 1 33 Sec. 5. Section 229A.7, subsection 7, Code 2018, is amended 1 34 to read as follows: 1 35 7. The control, care, and treatment of a person determined 2 1 to be a sexually violent predator shall be provided at a 2 2 facility operated by the department of human services. At all 2 3 times prior to placement in a transitional release program 2 4 or release withor withoutsupervision, persons committed 2 5 for control, care, and treatment by the department of human 2 6 services pursuant to this chapter shall be kept in a secure 2 7 facility and those patients shall be segregated at all times 2 8 from any other patient under the supervision of the department 2 9 of human services. A person committed pursuant to this chapter 2 10 to the custody of the department of human services may be kept 2 11 in a facility or building separate from any other patient 2 12 under the supervision of the department of human services. 2 13 The department of human services may enter into a chapter 2 14 28E agreement with the department of corrections or other 2 15 appropriate agency in this state or another state for the 2 16 confinement of patients who have been determined to be sexually 2 17 violent predators. Patients who are in the custody of the 2 18 director of the department of corrections pursuant to a chapter 2 19 28E agreement and who have not been placed in a transitional 2 20 release program or released withor withoutsupervision shall 2 21 be housed and managed separately from criminal offenders in 2 22 the custody of the director of the department of corrections, 2 23 and except for occasional instances of supervised incidental 2 24 contact, shall be segregated from those offenders. 2 25 Sec. 6. Section 229A.8, subsection 5, paragraph e, 2 26 subparagraph (2), Code 2018, is amended to read as follows: 2 27 (2) (a) If the committed person shows by a preponderance 2 28 of the evidence that a final hearing should be held on either 2 29 determination under subparagraph (1), subparagraph division (a) 2 30 or (b), or both, the court shall set a final hearing within 2 31 sixty days of the determination that a final hearing be held. 2 32 (b) The committed person may waive the sixty=day final 2 33 hearing requirement under subparagraph subdivision (a); 2 34 however, the committed person or the attorney for the committed 2 35 person may reassert a demand that the final hearing be held 3 1 within sixty days from the date of filing the demand with the 3 2 clerk of court. 3 3 (c) The final hearing may be continued upon request of 3 4 either party and a showing of good cause, or by the court 3 5 on its own motion in the due administration of justice, and 3 6 if the committed person is not substantially prejudiced. In 3 7 determining what constitutes good cause, the court shall 3 8 consider the length of the pretrial detention of the committed 3 9 person. 3 10 Sec. 7. Section 229A.8B, subsection 3, Code 2018, is amended 3 11 to read as follows: 3 12 3. Upon the return of the committed person to a secure 3 13 facility, the director of human services or the director's 3 14 designee shall notify the court that issued the ex parte order 3 15 that the absconder has been returned to a secure facility, and 3 16 the court shall set a hearingwithin five daysto determine if 3 17 a violation occurred. If a court order was not issued, the 3 18 director or the director's designee shall contact the nearest 3 19 district court with jurisdiction to set a hearing to determine 3 20 whether a violation of the rules or directives occurred. The 3 21 court shall schedule a hearingwithin five days ofafter 3 22 receiving notice that the committed person has been returned 3 23 from the transitional release program to a secure facility. 3 24 Sec. 8. Section 229A.9A, Code 2018, is amended to read as 3 25 follows: 3 26 229A.9A Release withor withoutsupervision. 3 27 1. In any proceeding under section 229A.8, the court may 3 28 order the committed person released withor withoutsupervision 3 29 if any of the following apply: 3 30 a. The attorney general stipulates to the release withor 3 31 withoutsupervision. 3 32 b. The court or jury has determined that the person should 3 33 bedischargedreleased fromthe programa secure facility or 3 34 a transitional release program, but the court has determined 3 35 the person suffers from a mental abnormality and it is in the 4 1 best interest of the community to order release withor without4 2 supervision before the committed person is discharged. 4 3 2. If release withor withoutsupervision is ordered, the 4 4 department of human services shall prepare within sixty days of 4 5 the order of the court a release plan addressing the person's 4 6 needs for counseling, medication, community support services, 4 7 residential services, vocational services, alcohol or other 4 8 drug abuse treatment, sex offender treatment, or any other 4 9 treatment or supervision necessary. 4 10 3. The court shall set a hearing on the release plan 4 11 prepared by the department of human services before the 4 12 committed person is released from a secure facility or a 4 13 transitional release program. 4 14 4. If the court orders release with supervision, the court 4 15 shall order supervision by an agency with jurisdiction that 4 16 is familiar with the placement of criminal offenders in the 4 17 community. The agency with jurisdiction shall be responsible 4 18 for initiating proceedings for violations of the release plan 4 19 as provided in section 229A.9B.If the court orders release 4 20 without supervision, the agency with jurisdiction shall also be 4 21 responsible for initiating proceedings for any violations of 4 22 the release plan as provided in section 229A.9B.4 23 5. A committed person may not petition the court for release 4 24 withor withoutsupervision. 4 25 6. A committed person released withor withoutsupervision 4 26 is not considered discharged from civil commitment under this 4 27 chapter. 4 28 7. After being released withor withoutsupervision, the 4 29 person may petition the court for discharge as provided in 4 30 section 229A.8. 4 31 8. The court shall retain jurisdiction over the committed 4 32 person who has been released withor withoutsupervision until 4 33 the person is discharged from the program. The department 4 34 of human services or a judicial district department of 4 35 correctional services shall not be held liable for any acts 5 1 committed by a committed person who has been ordered released 5 2 withor withoutsupervision. 5 3 Sec. 9. Section 229A.9B, Code 2018, is amended to read as 5 4 follows: 5 5 229A.9B Violations of release withor withoutsupervision. 5 6 1. If a committed person violates the release plan, the 5 7 agency with jurisdiction over the person may request the 5 8 district court to issue an emergency ex parte order directing 5 9 any law enforcement officer to take the person into custody 5 10 so that the person can be returned to a secure facility. 5 11 The request for an ex parte order may be made orally or by 5 12 telephone, but the original written request or a facsimile copy 5 13 of the request shall be filed with the clerk of court no later 5 14 than 4:30 p.m. on the next business day the office of the clerk 5 15 of court is open. 5 16 2. If a committed person has absconded in violation of the 5 17 conditions of the person's release plan, a presumption arises 5 18 that the person poses a risk to public safety. The department 5 19 of human services or contracting agency, in cooperation with 5 20 local law enforcement agencies, may make a public announcement 5 21 about the absconder. The public announcement may include a 5 22 description of the committed person, that the committed person 5 23 is on release withor withoutsupervision from the sexually 5 24 violent predator program, and any other information pertinent 5 25 to public safety. 5 26 3. Upon the return of the committed person to a secure 5 27 facility, the director of human services or the director's 5 28 designee shall notify the court that issued the ex parte 5 29 order that the committed person has been returned to a secure 5 30 facility, and the court shall set hearingwithin five daysto 5 31 determine if a violation occurred. If a court order was not 5 32 issued, the director or the director's designee shall contact 5 33 the nearest district court with jurisdiction to set a hearing 5 34 to determine whether a violation of the conditions of the 5 35 release plan occurred. The court shall schedule a hearing 6 1within five days ofafter receiving notice that the committed 6 2 person has been returned to a secure facility. 6 3 4. At the hearing, the burden shall be upon the attorney 6 4 general to show by a preponderance of the evidence that a 6 5 violation of the release plan occurred. 6 6 5. If the court determines a violation occurred, the court 6 7 shall receive release recommendations from the department of 6 8 human services and either order that the committed person be 6 9 returned to release withor withoutsupervision or placed 6 10 in a transitional release program, or be confined in a 6 11 secure facility. The court may impose further conditions 6 12 upon the committed person if returned to release withor 6 13 withoutsupervision or placed in the transitional release 6 14 program. If the court determines no violation occurred, the 6 15 committed person shall be returned to release withor without6 16 supervision. 6 17 Sec. 10. Section 229A.15, Code 2018, is amended to read as 6 18 follows: 6 19 229A.15 Court records ==== sealed and opened by court order. 6 20 1.AnyExcept as otherwise provided in this section, any 6 21 psychological reports, drug and alcohol reports, treatment 6 22 records, reports of any diagnostic center, medical records, or 6 23 victim impact statements which have been submitted to the court 6 24 or admitted into evidence under this chapter shall be part of 6 25 the record but shall be sealed and opened only on order of the 6 26 court. 6 27 2. The documents described in subsection 1 shall be 6 28 available to the prosecuting attorney or attorney general, the 6 29 committed person, and the attorney for the committed person 6 30 without an order of the court. 6 31 Sec. 11. Section 901A.2, subsection 6, Code 2018, is amended 6 32 to read as follows: 6 33 6. A person who has been placed in a transitional release 6 34 program, released withor withoutsupervision, or discharged 6 35 pursuant to chapter 229A, and who is subsequently convicted of 7 1 a sexually predatory offense or a sexually violent offense, 7 2 shall be sentenced to life in prison on the same terms as 7 3 a class "A" felon under section 902.1, notwithstanding any 7 4 other provision of the Code to the contrary. The terms and 7 5 conditions applicable to sentences for class "A" felons under 7 6 chapters 901 through 909 shall apply to persons sentenced under 7 7 this subsection. However, if the person commits a sexually 7 8 violent offense which is a misdemeanor offense under chapter 7 9 709, the person shall be sentenced to life in prison, with 7 10 eligibility for parole as provided in chapter 906. 7 11 Sec. 12. Section 903A.2, subsection 1, paragraph a, 7 12 subparagraph (2), Code 2018, is amended to read as follows: 7 13 (2) However, an inmate required to participate in a sex 7 14 offender treatment program shall not be eligible foraany 7 15 reduction of sentenceunlessuntil the inmate participates in 7 16 and completes a sex offender treatment program established by 7 17 the director. 7 18 Sec. 13. Section 903A.2, subsection 1, paragraph b, 7 19 subparagraph (2), Code 2018, is amended to read as follows: 7 20 (2) An inmate required to participate in a domestic abuse 7 21 treatment program shall not be eligible foraany reduction of 7 22 sentenceunlessuntil the inmate participates in and completes 7 23 a domestic abuse treatment program established by the director. 7 24 Sec. 14. Section 903A.3, subsection 1, Code 2018, is amended 7 25 to read as follows: 7 26 1. Upon finding that an inmate has violated an institutional 7 27 rule, has failed to complete a sex offender or domestic abuse 7 28 treatment program as specified in section 903A.2, or has 7 29 had an action or appeal dismissed under section 610A.2, the 7 30 independent administrative law judge may order forfeiture of 7 31 any or all earned time accrued and not forfeited up to the 7 32 date of the violation by the inmate and may order forfeiture 7 33 of any or all earned time accrued and not forfeited up to 7 34 the date the action or appeal is dismissed, unless the court 7 35 entered such an order under section 610A.3. The independent 8 1 administrative law judge has discretion within the guidelines 8 2 established pursuant to section 903A.4, to determine the amount 8 3 of time that should be forfeited based upon the severity of the 8 4 violation. Prior violations by the inmate may be considered by 8 5 the administrative law judge in the decision. 8 6 DIVISION II 8 7 CHILD ABUSE ==== SEXUAL OFFENSES AND SEX OFFENDERS 8 8 Sec. 15. Section 232.68, subsection 2, paragraph a, 8 9 subparagraph (3), Code 2018, is amended to read as follows: 8 10 (3) The commission of a sexual offense with or to a child 8 11 pursuant to chapter 709, section 726.2, or section 728.12, 8 12 subsection 1, as a result of the acts or omissions of the 8 13 person responsible for the care of the child or of a person who 8 14 is fourteen years of age or older and resides in a home with 8 15 the child. Notwithstanding section 702.5, the commission of 8 16 a sexual offense under this subparagraph includes any sexual 8 17 offense referred to in this subparagraph with or to a person 8 18 under the age of eighteen years. 8 19 Sec. 16. Section 232.68, subsection 2, paragraph a, 8 20 subparagraph (9), Code 2018, is amended to read as follows: 8 21 (9) (a)KnowinglyA person who is responsible for the 8 22 care of a child knowingly allowinga personanother person 8 23 custodyorof, controlofover, or unsupervised access to a 8 24child or minorchild under the age of fourteen or a child with 8 25 a physical or mental disability, after knowing theperson 8 26other person is required to register or is on the sex offender 8 27 registry under chapter 692Afor a violation of section 726.6. 8 28 (b) This subparagraph does not apply in any of the following 8 29 circumstances: 8 30 (i) A child living with a parent or guardian who is a sex 8 31 offender required to register or on the sex offender registry 8 32 under chapter 692A. 8 33 (ii) A child living with a parent or guardian who is married 8 34 to and living with a sex offender required to register or on 8 35 the sex offender registry under chapter 692A. 9 1 (iii) A child who is a sex offender required to register or 9 2 on the sex offender registry under chapter 692A who is living 9 3 with the child's parent, guardian, or foster parent and is also 9 4 living with the child to whom access was allowed. 9 5 (c) For purposes of this subparagraph, "control over" means 9 6 any of the following: 9 7 (i) A person who has accepted, undertaken, or assumed 9 8 supervision of a child from the parent or guardian of the 9 9 child. 9 10 (ii) A person who has undertaken or assumed temporary 9 11 supervision of a child without explicit consent from the parent 9 12 or guardian of the child. 9 13 DIVISION III 9 14 SEX OFFENDERS AND PREDATORS ==== REGISTRATION AND CHILD 9 15 ENDANGERMENT 9 16 Sec. 17. Section 692A.101, subsection 14, Code 2018, is 9 17 amended to read as follows: 9 18 14. "Incarcerated" means to be imprisoned by placing a 9 19 person in a jail, prison, penitentiary, juvenile facility, 9 20 or other correctional institution or facility or a place or 9 21 condition of confinement or forcible restraint regardless 9 22 of the nature of the institution in which the person serves 9 23 a sentence for a conviction. "Incarcerated" does not mean 9 24 placement in an adult residential correctional or treatment 9 25 facility that allows a resident to leave the facility for a 9 26 portion of a day or days. 9 27 Sec. 18. Section 692A.101, subsection 31, Code 2018, is 9 28 amended by striking the subsection and inserting in lieu 9 29 thereof the following: 9 30 31. "Sexually violent predator" means a person who has 9 31 been determined to be a sexually violent predator pursuant to 9 32 section 229A.7. 9 33 Sec. 19. Section 692A.128, Code 2018, is amended to read as 9 34 follows: 9 35 692A.128 Modification. 10 1 1. A sex offender who ison probation, parole, work release, 10 2 special sentence, or any other type of conditional releaseon 10 3 the registry may file an application in district court seeking 10 4 to modify the registration requirements under this chapter. 10 5 2. An application shall not be granted unless all of the 10 6 following apply: 10 7 a. The date of the commencement of the requirement to 10 8 register occurred at leasttwoten years prior to the filing 10 9 of the application for a tier I offender andfivetwenty=five 10 10 years prior to the filing of the application for a tierII or10 11 III offender. 10 12 b. Thesex offenderapplicant has successfully completed all 10 13 sex offender treatment programs that have been required. 10 14 c.A risk assessment has been completed and the sex offender 10 15 was classified as a low risk to reoffend. The risk assessment 10 16 used to assess an offender as a low risk to reoffend shall 10 17 be a validated risk assessment approved by the department 10 18 of corrections.The applicant has successfully completed 10 19 any period of probation, parole, or other supervised release 10 20 for the offense requiring registration, without incurring a 10 21 revocation of probation, parole, or other supervised release 10 22 for such offense. 10 23 d. Thesex offenderapplicant is not incarcerated when the 10 24 application is filed. 10 25 e. (1)The director of the judicial district department 10 26 of correctional services supervising the sex offender, or 10 27 the director's designee, stipulates to the modification, 10 28 and a certified copy of the stipulation is attached to the 10 29 application.For a tier I offender, the applicant has had 10 30 no other criminal convictions other than simple misdemeanor 10 31 violations of chapter 321 or similar local violations for the 10 32 ten=year period preceding the filing of the application. 10 33 (2) For a tier III offender, the applicant has had no 10 34 other criminal convictions other than simple misdemeanor 10 35 violations of chapter 321 or similar local violations for 11 1 the twenty=five=year period preceding the filing of the 11 2 application, and the requirement to register is based upon an 11 3 adjudication in juvenile court. 11 4 3. The application shall be filed in the sex offender's 11 5 county of principal residence. 11 6 4. Notice of any application shall be provided to the 11 7 county attorney of the county of thesex offender'sapplicant's 11 8 principal residence, the county attorney of any county in 11 9 this state where a conviction requiring thesex offender's 11 10applicant's registration occurred, and the department. The 11 11 county attorney where the conviction occurred shall notify the 11 12 victim of an application if the victim's address is known. 11 13 5. The court may, but is not required to, conduct a hearing 11 14 on the application to hear any evidence deemed appropriate by 11 15 the court.The court may modify the registration requirements 11 16 under this chapter.11 17 6. a.A sex offender may be granted a modification if the 11 18 offender is required to be on the sex offender registry as a 11 19 result of an adjudication for a sex offense, the offender is 11 20 not under the supervision of the juvenile court or a judicial 11 21 district judicial department of correctional services, and the 11 22 department of corrections agrees to perform a risk assessment 11 23 on the sex offender. However, all other provisions of this 11 24 section not in conflict with this subsection shall apply to the 11 25 application prior to an application being granted except that 11 26 the sex offender is not required to obtain a stipulation from 11 27 the director of a judicial district department of correctional 11 28 services, or the director's designee.If the court grants a 11 29 modification for a tier I offender, the court may modify the 11 30 registration period by reducing such period by up to five 11 31 years. 11 32 b. If the court grants a modification for a tier III 11 33 offender, the court may modify the registration period by 11 34 reducing such period to a term of years. 11 35 7. If the court modifies the registration requirements 12 1 under this chapter, the court shall send a copy of the order to 12 2 the department, the sheriff of the county of the sex offender's 12 3 principal residence, any county attorney notified in subsection 12 4 4, and the victim, if the victim's address is known. 12 5 Sec. 20. Section 726.6, subsection 1, paragraph h, Code 12 6 2018, is amended to read as follows: 12 7 h. Knowingly allows a person custody or control of, or 12 8 unsupervised access to a child or a minor after knowing the 12 9 person is required to register due to a conviction for a sex 12 10 offense against a minor or is on the sex offender registryas 12 11 a sex offenderdue to a conviction for a sex offense against 12 12 a minor under chapter 692A. However, this paragraph does 12 13 not apply to a person who is a parent or guardian of a child 12 14 or a minor, who isand the parent or guardian is required 12 15 to register as a sex offender due to a conviction for a sex 12 16 offense against a minor, or to a person who is married to and 12 17 living with a person required to register as a sex offender due 12 18 to a conviction for a sex offense against a minor. 12 19 Sec. 21. Section 726.6, Code 2018, is amended by adding the 12 20 following new subsection: 12 21 NEW SUBSECTION. 1A. A person who knowingly takes custody or 12 22 control of a child or minor, or who knowingly has unsupervised 12 23 access to a child or minor while required to register as a sex 12 24 offender for a sex offense against a minor under chapter 692A, 12 25 commits child endangerment. However, this subsection does not 12 26 apply to a person who is a parent or guardian of the child or 12 27 minor, or to a person who is married to and living with a person 12 28 who is the parent or guardian of the child or minor. 12 29 Sec. 22. Section 726.6, subsection 3, unnumbered paragraph 12 30 1, Code 2018, is amended to read as follows: 12 31 For the purposes of subsection 1 or 1A,"person having 12 32 control"control over a child or a minor" means any of the 12 33 following: 12 34 Sec. 23. EFFECTIVE DATE. This division of this Act takes 12 35 effect July 1, 2019. 13 1 DIVISION IV 13 2 LASCIVIOUS CONDUCT WITH A MINOR 13 3 Sec. 24. Section 709.14, Code 2018, is amended by striking 13 4 the section and inserting in lieu thereof the following: 13 5 709.14 Lascivious conduct with a minor. 13 6 1. a. It is unlawful for a person eighteen years of age 13 7 or older who is in a position of authority over a minor to 13 8 force, persuade, or coerce a minor, with or without consent, 13 9 to disrobe or partially disrobe for the purpose of arousing or 13 10 satisfying the sexual desires of either of them. 13 11 b. A violation of this subsection is a serious misdemeanor. 13 12 2. For purposes of subsections 3 and 4, "minor" means a 13 13 person fourteen or fifteen years of age. 13 14 3. a. It is unlawful for a person eighteen years of age 13 15 or older who is in a position of authority over a minor to 13 16 perform any of the following acts with a minor, with or without 13 17 consent, for the purpose of arousing or satisfying the sexual 13 18 desires of either of them: 13 19 (1) Fondle or touch the inner thigh, groin, buttock, anus, 13 20 or breast of the minor. 13 21 (2) Touch the clothing covering the immediate area of the 13 22 inner thigh, groin, buttock, anus, or breast of the minor. 13 23 (3) Solicit or permit the minor to fondle or touch the inner 13 24 thigh, groin, buttock, anus, or breast of the person. 13 25 (4) Solicit the minor to engage in any act prohibited under 13 26 subsection 4, paragraph "a", subparagraph (1), (2), or (3). 13 27 b. A violation of this subsection is a serious misdemeanor. 13 28 4. a. It is unlawful for a person eighteen years of age 13 29 or older who is in a position of authority over a minor to 13 30 perform any of the following acts with a minor, with or without 13 31 consent, for the purpose of arousing or satisfying the sexual 13 32 desires of either of them: 13 33 (1) Fondle or touch the pubes or genitals of the minor. 13 34 (2) Permit or cause the minor to fondle or touch the 13 35 person's genitals or pubes. 14 1 (3) Cause the touching of the person's genitals to any part 14 2 of the body of the minor. 14 3 (4) Solicit the minor to engage in a sex act or solicit a 14 4 person to arrange a sex act with the minor. 14 5 (5) Inflict pain or discomfort upon the minor or permit the 14 6 minor to inflict pain or discomfort on the person. 14 7 b. A violation of this subsection is an aggravated 14 8 misdemeanor. 14 9 DIVISION V 14 10 SEX OFFENDER HOUSING WORKGROUP 14 11 Sec. 25. SEX OFFENDER ==== HOUSING ==== WORKGROUP. The 14 12 department of corrections shall lead a workgroup to study the 14 13 issue of housing for the placement of aging sex offenders 14 14 who qualify for release from the custody of the department 14 15 of corrections or the department of human services. The 14 16 workgroup shall consist of representatives of the departments 14 17 of inspections and appeals, human services, and justice, the 14 18 department on aging, the state public defender, the office 14 19 of ombudsman, the office of long=term care ombudsman, the 14 20 judicial branch, the older Iowans legislature Iowa legal aid, 14 21 and AARP. The workgroup shall meet to study this issue and 14 22 submit a report to the general assembly by January 2019, with 14 23 recommendations containing housing options for the placement of 14 24 aging sex offenders who qualify for release from custody. 14 25 DIVISION VI 14 26 SEX OFFENDER TREATMENT AND SUPERVISION TASK FORCE 14 27 Sec. 26. SEX OFFENDER TREATMENT AND SUPERVISION TASK FORCE. 14 28 1. The division of criminal and juvenile justice planning 14 29 shall establish a task force to study and make periodic 14 30 recommendations for treating and supervising sex offenders 14 31 in correctional institutions and in the community. The task 14 32 force shall file a report with recommendations with the general 14 33 assembly by July 1, 2019. The task force shall study the 14 34 effectiveness of electronic monitoring. The task force shall 14 35 study risk assessment models created for sex offenders. The 15 1 task force shall also review this state's efforts and the 15 2 efforts of other states to implement treatment programs and 15 3 make recommendations as to the best treatment options available 15 4 for sex offenders. The task force shall also develop a plan 15 5 to integrate state government databases for the purpose of 15 6 updating addresses of persons on the sex offender registry. 15 7 2. Members of the task force shall include members of 15 8 the general assembly selected by the legislative council and 15 9 representatives of the following: 15 10 a. One representative from the state department of 15 11 transportation. 15 12 b. One representative of the Iowa civil liberties union. 15 13 c. One representative of the department of human services. 15 14 d. One representative of the department of public safety. 15 15 e. One representative of the Iowa state sheriffs and 15 16 deputies association. 15 17 f. One representative of the Iowa county attorneys 15 18 association. 15 19 g. One representative of the department of corrections. 15 20 h. One representative of the board of parole. 15 21 i. One representative of a judicial district department of 15 22 correctional services. 15 23 j. One representative of the department of justice. 15 24 k. One representative of the state public defender. 15 25 l. One representative of the Iowa coalition against sexual 15 26 assault. HF 2401 (2) 87 hb/rh/md
