Bill Text: IA HSB611 | 2019-2020 | 88th General Assembly | Introduced


Bill Title: A bill for an act relating to the requirements for a sex offender to be granted a modification of sex offender registry requirements.

Spectrum: Committee Bill

Status: (N/A - Dead) 2020-02-13 - Committee report, recommending passage. H.J. 277. [HSB611 Detail]

Download: Iowa-2019-HSB611-Introduced.html
House Study Bill 611 - Introduced SENATE/HOUSE FILE _____ BY (PROPOSED DEPARTMENT OF PUBLIC SAFETY BILL) A BILL FOR An Act relating to the requirements for a sex offender 1 to be granted a modification of sex offender registry 2 requirements. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 4 TLSB 5385DP (4) 88 hf/rh
S.F. _____ H.F. _____ Section 1. Section 692A.128, Code 2020, is amended to read 1 as follows: 2 692A.128 Modification. 3 1. A sex offender who is on probation, parole, work release, 4 special sentence, or any other type of conditional release may 5 file an application in district court seeking to modify the 6 registration requirements under this chapter . 7 2. An application shall not be granted unless all of the 8 following apply: 9 a. The date of the commencement of the requirement to 10 register occurred at least two years prior to the filing of 11 the application for a tier I offender and five years prior to 12 the filing of the application for a tier II or III offender. 13 A period of time has elapsed since the date of the offender’s 14 initial registration as follows: 15 (1) (a) Except as otherwise provided in subparagraph 16 division (b), a tier I offender initially registered at least 17 ten years prior to the filing of the application. 18 (b) A tier I offender who was under twenty years of age at 19 the time the offender committed a violation of section 709.4, 20 subsection 1, paragraph “b” , subparagraph (3), subparagraph 21 division (d), initially registered at least five years prior to 22 the filing of the application. 23 (2) A tier II or tier III offender initially registered at 24 least twenty-five years prior to the filing of the application. 25 b. The sex offender has successfully completed all sex 26 offender treatment programs that have been required. 27 c. A risk assessment has been completed and the sex offender 28 was classified as a low risk to reoffend. The risk assessment 29 used to assess an offender as a low risk to reoffend shall 30 be a validated risk assessment approved by the department of 31 corrections. The sex offender has successfully completed 32 any period of probation, parole, special sentence, or other 33 supervised release for the offense requiring registration. 34 d. The sex offender is not incarcerated when the application 35 -1- LSB 5385DP (4) 88 hf/rh 1/ 5
S.F. _____ H.F. _____ is filed. 1 e. The director of the judicial district department 2 of correctional services supervising the sex offender, or 3 the director’s designee, stipulates to the modification, 4 and a certified copy of the stipulation is attached to the 5 application. 6 (1) A tier I offender must not have been convicted of any 7 criminal offenses other than simple misdemeanor violations of 8 chapter 321 or local traffic ordinances for the ten-year period 9 immediately preceding the filing of the application. 10 (2) A tier II or tier III offender must meet all of the 11 following requirements: 12 (a) The offender must not have been convicted of any 13 criminal offenses other than simple misdemeanor violations 14 of chapter 321 or local traffic ordinances for the 15 twenty-five-year period immediately preceding the filing of the 16 application. 17 (b) The offender must have been initially required to 18 register as a result of an adjudication for a sex offense in 19 juvenile court. 20 3. The application shall be filed in the sex offender’s 21 county of principal residence. 22 4. Notice of any application shall be provided to the 23 county attorney of the county of the sex offender’s principal 24 residence, the county attorney of any county in this state 25 where a conviction requiring the sex offender’s registration 26 occurred, and the department. The county attorney where the 27 conviction occurred shall notify the victim of an application 28 if the victim’s address is known. 29 5. The court may, but is not required to, conduct a hearing 30 on the application to hear any evidence deemed appropriate by 31 the court. The court may modify the registration requirements 32 under this chapter by reducing the registration period . 33 6. A sex offender may be granted a modification if the 34 offender is required to be on the sex offender registry as a 35 -2- LSB 5385DP (4) 88 hf/rh 2/ 5
S.F. _____ H.F. _____ result of an adjudication for a sex offense, the offender is 1 not under the supervision of the juvenile court or a judicial 2 district judicial department of correctional services, and the 3 department of corrections agrees to perform a risk assessment 4 on the sex offender. However, all other provisions of this 5 section not in conflict with this subsection shall apply to the 6 application prior to an application being granted except that 7 the sex offender is not required to obtain a stipulation from 8 the director of a judicial district department of correctional 9 services, or the director’s designee. 10 7. 6. If the court modifies the registration requirements 11 under this chapter , the court shall send a copy of the order to 12 the department, the sheriff of the county of the sex offender’s 13 principal residence, any county attorney notified in subsection 14 4 , and the victim, if the victim’s address is known. 15 EXPLANATION 16 The inclusion of this explanation does not constitute agreement with 17 the explanation’s substance by the members of the general assembly. 18 This bill changes the requirements for a sex offender 19 to be granted a modification of the sex offender registry 20 requirements. Under current law, a sex offender must be on 21 probation, parole, work release, special sentence, or any 22 other type of conditional release to file an application for a 23 modification. The bill allows any sex offender on the Iowa sex 24 offender registry to file an application for a modification. 25 Under current law, a sex offender will only be granted a 26 modification by a court if the date of the commencement of 27 the requirement to register occurred at least two years prior 28 to the filing of the application for a tier I offender and 29 five years prior to the filing of the application for a tier 30 II or III offender. The bill changes these requirements and 31 provides that a tier I offender must have initially registered 32 at least 10 years prior to the filing of the application, 33 except for a tier I offender who was under 20 years of age 34 at the time the offender committed sexual abuse in the third 35 -3- LSB 5385DP (4) 88 hf/rh 3/ 5
S.F. _____ H.F. _____ degree under certain circumstances pursuant to Code section 1 709.4(1)(b)(3)(d), who must have initially registered at least 2 five years prior to the filing of the application. A tier II or 3 tier III offender must have initially registered at least 25 4 years prior to the filing of the application. 5 Under current law, a risk assessment approved by the 6 department of corrections must be completed and an offender 7 must be classified as a low risk to reoffend in order to be 8 granted a modification. The bill strikes this requirement and 9 allows a court to grant a modification if the offender has 10 successfully completed any period of probation, parole, special 11 sentence, or other supervised release for the offense requiring 12 registration. 13 The bill provides that a tier I offender must not have 14 been convicted of any criminal offenses other than simple 15 misdemeanor violations of Code chapter 321 or local traffic 16 ordinances for the 10-year period immediately preceding 17 the filing of the application in order to be granted a 18 modification. The bill provides that a tier II or tier III 19 offender must not have been convicted of any criminal offenses 20 other than simple misdemeanor violations of Code chapter 321 21 or local traffic ordinances for the 25-year period immediately 22 preceding the filing of the application and must have been 23 initially required to register as a result of an adjudication 24 for a sex offense in juvenile court in order to be granted a 25 modification. 26 The bill allows a court to reduce the period in which a sex 27 offender is required to register. The bill strikes current law 28 allowing a sex offender to be granted a modification if the 29 offender is required to be on the sex offender registry as a 30 result of an adjudication for a sex offense, the offender is 31 not under the supervision of the juvenile court or a judicial 32 district judicial department of correctional services, and the 33 department of corrections agrees to perform a risk assessment 34 on the sex offender. 35 -4- LSB 5385DP (4) 88 hf/rh 4/ 5
S.F. _____ H.F. _____ Under current law, the director of the judicial district 1 department of correctional services supervising the sex 2 offender, or the director’s designee, must stipulate to the 3 modification. The bill strikes this requirement. 4 -5- LSB 5385DP (4) 88 hf/rh 5/ 5
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