Bill Text: IA HF53 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act relating to notification of the placement of sex offenders in nursing facilities, residential care facilities, and assisted living programs, and the prohibition of certain placements of sexually violent predators in such facilities and programs, and providing penalties, and including effective date provisions. (See Cmte. Bill HF 552)
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [HF53 Detail]
Download: Iowa-2013-HF53-Introduced.html
House
File
53
-
Introduced
HOUSE
FILE
53
BY
FRY
and
HUNTER
A
BILL
FOR
An
Act
relating
to
notification
of
the
placement
of
sex
1
offenders
in
nursing
facilities,
residential
care
2
facilities,
and
assisted
living
programs,
and
the
3
prohibition
of
certain
placements
of
sexually
violent
4
predators
in
such
facilities
and
programs,
and
providing
5
penalties,
and
including
effective
date
provisions.
6
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
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Section
1.
NEW
SECTION
.
135C.23A
Sex
offender
notification.
1
1.
Upon
commitment
of
a
person
required
to
register
as
2
a
sex
offender
as
provided
in
section
692A.103
to
a
nursing
3
facility,
residential
care
facility,
or
assisted
living
program
4
as
defined
in
section
231C.2,
the
clerk
of
the
committing
court
5
shall
notify
the
department
of
inspections
and
appeals
and
the
6
admitting
facility
or
program.
7
2.
Prior
to
admission
of
a
resident
or
tenant
to
a
nursing
8
facility,
residential
care
facility,
or
assisted
living
9
program,
the
facility
or
program
shall
access
and
search
the
10
sex
offender
registry
established
in
chapter
692A
to
determine
11
whether
the
resident
or
tenant
is
a
person
required
to
register
12
as
a
sex
offender,
as
provided
in
section
692A.103.
13
3.
Upon
the
admission
of
a
person
required
to
register
as
a
14
sex
offender,
a
nursing
facility,
residential
care
facility,
or
15
assisted
living
program
shall
provide
notice
of
the
admission,
16
in
accordance
with
the
federal
Health
Insurance
Portability
and
17
Accountability
Act
of
1996,
Pub.
L.
No.
104-191,
other
state
18
and
federal
regulations,
and
rules
adopted
by
the
department,
19
to
all
of
the
following
persons:
20
a.
Residents
or
tenants
of
the
facility
or
program.
21
b.
The
emergency
contact
person
or
next
of
kin
for
residents
22
or
tenants
of
the
facility
or
program.
23
c.
Operators,
owners,
managers,
or
employees
of
the
facility
24
or
program.
25
d.
Visitors
to
the
facility
or
program.
26
e.
The
sheriff
for
the
county
in
which
the
facility
or
27
program
is
located.
The
sheriff
shall
notify
local
law
28
enforcement
agencies.
29
4.
Upon
the
admission
of
a
person
required
to
register
as
a
30
sex
offender,
a
nursing
facility,
residential
care
facility,
or
31
assisted
living
program
shall
develop
and
implement
a
written
32
safety
plan
for
each
such
person
in
accordance
with
rules
33
adopted
by
the
department.
34
5.
The
department
shall
establish
by
rule,
all
of
the
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following:
1
a.
The
requirements
of
the
notice
required
under
this
2
section.
The
rules
shall
include
but
are
not
limited
to
3
provisions
for
the
method
of
notice
and
time
of
notice
to
each
4
of
the
persons
enumerated
in
subsection
3.
5
b.
The
requirements
of
a
safety
plan
for
persons
required
6
to
register
as
a
sex
offender
who
are
admitted
by
a
nursing
7
facility,
residential
care
facility,
or
assisted
living
8
program.
The
rules
shall
include
but
are
not
limited
to
all
of
9
the
following:
10
(1)
A
plan
for
the
safety
of
residents,
tenants,
and
staff
11
of
the
facility
or
program.
12
(2)
A
plan
for
the
safety
of
others
when
community
functions
13
are
held
at
a
facility
or
program
and
when
a
person
required
to
14
register
as
a
sex
offender
is
not
on
the
premises
of
a
facility
15
or
program
but
the
person
remains
within
the
care,
custody,
and
16
control
of
the
facility
or
program.
17
(3)
A
provision
to
establish
the
responsibilities
of
a
18
nursing
facility,
residential
care
facility,
and
assisted
19
living
program
and
the
operators,
owners,
managers,
and
20
employees
of
facilities
and
programs
in
implementing
a
safety
21
plan.
22
(4)
A
provision
for
the
timely
development
and
23
implementation
of
a
safety
plan.
24
6.
The
department
shall
work
with
interested
stakeholders
25
in
developing
the
proposed
rules
under
this
section.
26
7.
A
violation
of
this
section
is
subject
to
the
imposition
27
of
a
civil
penalty
in
accordance
with
rules
adopted
by
the
28
department
pursuant
to
this
section.
29
Sec.
2.
Section
229A.8A,
subsection
5,
Code
2013,
is
amended
30
to
read
as
follows:
31
5.
Committed
Except
as
provided
in
subsection
6A,
committed
32
persons
in
the
transitional
release
program
are
not
necessarily
33
required
to
be
segregated
from
other
persons.
34
Sec.
3.
Section
229A.8A,
Code
2013,
is
amended
by
adding
the
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following
new
subsection:
1
NEW
SUBSECTION
.
6A.
Persons
in
the
transitional
release
2
program
shall
not
be
released
to
a
health
care
facility
as
3
defined
in
section
135C.1.
4
Sec.
4.
Section
229A.9A,
Code
2013,
is
amended
by
adding
the
5
following
new
subsection:
6
NEW
SUBSECTION
.
3A.
If
a
release
with
or
without
7
supervision
is
ordered,
the
committed
person
shall
not
be
8
released
to
a
health
care
facility
as
defined
in
section
9
135C.1.
10
Sec.
5.
Section
231C.3,
subsection
9,
Code
2013,
is
amended
11
to
read
as
follows:
12
9.
An
assisted
living
program
shall
comply
with
section
13
sections
135C.23A
and
135C.33
.
14
Sec.
6.
Section
231C.5A,
Code
2013,
is
amended
to
read
as
15
follows:
16
231C.5A
Assessment
Admission
and
assessment
of
tenants
——
17
program
eligibility.
18
1.
An
assisted
living
program
receiving
reimbursement
19
through
the
medical
assistance
program
under
chapter
249A
shall
20
assist
the
department
of
veterans
affairs
in
identifying,
upon
21
admission
of
a
tenant,
the
tenant’s
eligibility
for
benefits
22
through
the
United
States
department
of
veterans
affairs.
The
23
assisted
living
program
shall
also
assist
the
commission
of
24
veterans
affairs
in
determining
such
eligibility
for
tenants
25
residing
in
the
program
on
July
1,
2009.
The
department
of
26
inspections
and
appeals,
in
cooperation
with
the
department
of
27
human
services,
shall
adopt
rules
to
administer
this
section
,
28
including
a
provision
that
ensures
that
if
a
tenant
is
eligible
29
for
benefits
through
the
United
States
department
of
veterans
30
affairs
or
other
third-party
payor,
the
payor
of
last
resort
31
for
reimbursement
to
the
assisted
living
program
is
the
medical
32
assistance
program.
The
rules
shall
also
require
the
assisted
33
living
program
to
request
information
from
a
tenant
or
tenant’s
34
personal
representative
regarding
the
tenant’s
veteran
status
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and
to
report
to
the
department
of
veterans
affairs
only
the
1
names
of
tenants
identified
as
potential
veterans
along
with
2
the
names
of
their
spouses
and
any
dependents.
Information
3
reported
by
the
assisted
living
program
shall
be
verified
by
4
the
department
of
veterans
affairs.
5
2.
An
assisted
living
program
is
not
required
to
enter
6
into
a
lease
or
occupancy
agreement
with
an
individual
through
7
court
order,
referral,
or
other
means
without
the
express
prior
8
approval
of
the
manager
of
the
assisted
living
program.
9
Sec.
7.
Section
231C.14,
subsection
1,
Code
2013,
is
amended
10
by
adding
the
following
new
paragraph:
11
NEW
PARAGRAPH
.
d.
Noncompliance
with
section
135C.23A.
12
Sec.
8.
Section
602.8102,
Code
2013,
is
amended
by
adding
13
the
following
new
subsection:
14
NEW
SUBSECTION
.
152.
Notify
the
department
of
inspections
15
and
appeals
and
the
admitting
entity
upon
commitment
of
a
16
person
required
to
register
as
a
sex
offender
as
provided
in
17
section
692A.103
to
a
nursing
facility
or
residential
care
18
facility
as
defined
in
section
135C.1,
or
an
assisted
living
19
program
as
defined
in
section
231C.2.
20
Sec.
9.
PLACEMENT
OF
PERSONS
REQUIRED
TO
REGISTER.
21
1.
For
purposes
of
this
section,
“adequate
placement”
means
22
a
placement
that
will
provide
the
level
of
care
necessary
for
23
a
person
including
the
level
of
care
provided
by
a
nursing
24
facility
or
residential
care
facility.
25
2.
For
the
period
beginning
July
1,
2013,
through
June
26
30,
2014,
the
department
of
human
services,
in
compliance
27
with
federal
and
state
law,
shall
secure
adequate
placements
28
for
persons
required
to
register
as
a
sex
offender
pursuant
29
to
chapter
692A
who
are
being
released
from
the
custody
of
30
the
department
of
corrections
and
require
the
type
of
medical
31
and
personal
care
provided
by
a
nursing
facility,
residential
32
care
facility,
or
assisted
living
program;
who
are
being
33
discharged
or
transferred
from
nursing
facilities,
residential
34
care
facilities,
or
assisted
living
programs
pursuant
to
a
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provision
of
this
Act;
or
who
require
the
type
of
medical
and
1
personal
care
provided
by
nursing
facilities,
residential
care
2
facilities,
or
assisted
living
programs
when
the
persons
are
3
unable
to
gain
access
to
a
facility
or
program
because
the
4
persons
are
required
to
register
on
the
sex
offender
registry.
5
3.
The
department
of
human
services
may
use
a
state
facility
6
to
provide
care
for
such
persons
or
may
conduct
a
request
for
7
proposal
process
to
contract
with
a
private
facility
to
care
8
for
such
persons.
A
request
for
proposals
shall
identify
the
9
reimbursement
rate
and
the
necessary
training
for
staff
in
the
10
facility
or
program.
11
4.
The
department
of
human
services
shall
secure
an
adequate
12
placement
for
such
a
person
within
ten
business
days
of
being
13
notified
by
the
department
of
corrections,
the
department
of
14
inspections
and
appeals,
or
a
nursing
facility,
residential
15
care
facility,
or
assisted
living
program
that
placement
is
16
needed
for
such
person,
provided
that
such
period
shall
not
17
commence
until
the
department
of
public
safety
receives
and
18
approves
registration
data
and
makes
such
data
available
on
19
the
sex
offender
registry
internet
site
pursuant
to
section
20
692A.121,
subsection
12.
21
Sec.
10.
WORKFORCE
DEVELOPMENT
WORKGROUP.
22
1.
The
department
of
human
services
shall
convene
and
23
provide
support
to
a
health
and
mental
health
services
for
24
sexual
offender
workforce
development
workgroup
to
address
25
issues
connected
with
ensuring
that
an
adequate
workforce
is
26
available
in
the
state
to
provide
health
and
mental
health
27
services
to
persons
who
have
a
history
of
committing
sexual
28
offenses
and
have
been
determined
to
be
likely
to
reoffend.
29
The
workgroup
shall
report
at
least
annually
to
the
governor
30
and
general
assembly
providing
findings,
recommendations,
31
and
financing
information
concerning
the
findings
and
32
recommendations.
33
2.
The
membership
of
the
workgroup
shall
include
all
of
the
34
following:
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a.
The
director
of
the
department
of
aging
or
the
director’s
1
designee.
2
b.
The
director
of
the
department
of
corrections
or
the
3
director’s
designee.
4
c.
The
director
of
the
department
of
education
or
the
5
director’s
designee.
6
d.
The
director
of
human
services
or
the
director’s
7
designee.
8
e.
The
director
of
the
department
of
public
health
or
the
9
director’s
designee.
10
f.
The
director
of
the
department
of
workforce
development
11
or
the
director’s
designee.
12
g.
At
least
three
individuals
who
have
a
history
of
13
committing
sexual
offenses
and
have
been
determined
likely
to
14
reoffend
who
are
receiving
mental
health
or
health
services
or
15
involved
relatives
of
such
individuals.
16
h.
At
least
three
providers
of
mental
health
or
health
17
services
for
individuals
who
have
a
history
of
committing
18
sexual
offenses
and
have
been
determined
likely
to
reoffend.
19
i.
Other
persons
identified
by
the
workgroup.
20
3.
In
addition
to
the
members
identified
in
subsection
21
2,
the
membership
of
the
workgroup
shall
include
four
22
members
of
the
general
assembly
serving
in
a
ex
officio,
23
nonvoting
capacity.
One
member
shall
be
designated
by
each
24
of
the
following:
the
majority
leader
of
the
senate,
the
25
minority
leader
of
the
senate,
the
speaker
of
the
house
of
26
representatives,
and
the
minority
leader
of
the
house
of
27
representatives.
A
legislative
member
serves
for
a
term
as
28
provided
in
section
69.16B.
29
4.
Except
as
provided
in
subsection
3
for
legislative
30
appointments,
the
workgroup
shall
determine
its
own
rules
of
31
procedure,
membership
terms,
and
operating
provisions.
32
Sec.
11.
FACILITY
FOR
SEXUAL
OFFENDERS
COMMITTEE
AND
33
REPORT.
34
1.
The
department
of
inspections
and
appeals,
in
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conjunction
with
the
department
of
human
services,
shall
1
establish
and
facilitate
the
activities
of
a
committee
of
2
stakeholders
to
examine
options
for
designating
a
facility
3
to
provide
care
for
persons
in
this
state
who
have
a
history
4
of
committing
sexual
offenses
and
have
been
determined
to
be
5
likely
to
reoffend.
6
2.
The
membership
of
the
committee
shall
include
but
is
not
7
limited
to
the
following:
8
a.
Representatives
of
the
departments
of
inspections
9
and
appeals,
human
services,
public
health,
corrections,
and
10
aging,
the
office
of
the
state
public
defender,
the
office
of
11
the
citizens’
aide,
the
office
of
the
state
long-term
care
12
resident’s
advocate,
and
the
judicial
branch.
13
b.
Consumers
of
services
provided
by
health
care
facilities
14
and
family
members
of
consumers.
15
c.
Representatives
of
the
health
care
industry
and
industry
16
associations.
17
d.
Direct
care
workers
employed
by
health
care
facilities.
18
e.
Representatives
from
the
Iowa
legal
aid.
19
f.
Representatives
from
AARP
Iowa.
20
g.
Representatives
from
the
Iowa
civil
liberties
union.
21
h.
Other
stakeholders
as
the
department
of
inspections
and
22
appeals
and
the
department
of
human
services
deem
necessary.
23
i.
Four
ex
officio,
nonvoting
members
from
the
general
24
assembly
with
not
more
than
one
member
from
each
chamber
being
25
from
the
same
political
party.
The
two
senators
shall
be
26
appointed,
one
each,
by
the
majority
leader
of
the
senate
and
27
the
minority
leader
of
the
senate.
The
two
representatives
28
shall
be
appointed,
one
each,
by
the
speaker
of
the
house
29
of
representatives
and
the
minority
leader
of
the
house
of
30
representatives.
31
3.
The
committee
shall
discuss
and
make
recommendations
on
32
all
of
the
following:
33
a.
Options
to
create
a
new
facility
or
assist
an
existing
34
facility
to
expand
services
to
provide
care
for
elderly
persons
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who
are
no
longer
under
judicial
control,
but
have
a
history
1
of
committing
sexual
offenses
and
have
been
determined
to
2
be
likely
to
reoffend.
The
committee
shall
identify
the
3
characteristics
of
a
client
for
such
a
facility,
the
need
for
4
such
a
facility,
options
for
creating
a
new
facility
to
house
5
such
persons,
options
for
the
expansion
of
an
existing
facility
6
to
house
such
persons,
options
for
using
any
alternative
7
facilities
for
such
purposes,
options
for
a
public-private
8
partnership
for
such
a
facility,
options
for
using
part
of
9
a
mental
health
institute
to
house
such
persons,
options
to
10
qualify
a
facility
for
Medicaid
reimbursement,
cost
projections
11
for
any
recommendations,
regulatory
challenges,
and
other
12
information
deemed
relevant
by
the
department
of
inspections
13
and
appeals
and
the
department
of
human
services.
14
b.
The
responsibility
of
the
court,
the
clerk
of
the
15
district
court,
the
department
of
corrections,
or
any
other
16
entity,
department,
or
person
to
inform
a
nursing
facility,
17
residential
care
facility,
or
an
assisted
living
program
of
the
18
admission
of
a
person
who
has
a
history
of
committing
sexual
19
offenses.
20
c.
The
responsibility
of
the
court,
clerk
of
the
district
21
court,
department
of
corrections,
a
facility,
or
any
other
22
entity,
department,
or
person
to
notify
persons
of
the
23
discharge
of
a
person
who
has
a
history
of
committing
sexual
24
offenses
from
a
nursing
facility,
residential
care
facility,
or
25
assisted
living
program.
26
d.
The
requirements
of
a
treatment
safety
plan
for
a
person
27
admitted
to
a
nursing
facility,
residential
care
facility,
28
or
assisted
living
program
who
has
a
history
of
committing
29
sexual
offenses.
The
treatment
safety
plan
shall
address
the
30
procedure
for
notifying
other
residents
of
the
residency
of
a
31
person
required
to
register
as
a
sex
offender.
32
e.
The
establishment
of
a
formal
process
for
the
department
33
of
inspections
and
appeals
to
follow
when
completing
facility
34
or
assisted
living
program
inspections
or
surveys.
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f.
The
establishment
of
a
system
for
the
judicial
branch
to
1
identify
facilities
with
the
capacity
to
provide
an
appropriate
2
placement
for
a
person
requiring
commitment
when
the
person
3
also
has
a
history
of
committing
sexual
offenses.
4
4.
The
committee
shall
provide
a
report
detailing
its
5
findings
and
recommendations
to
the
governor
and
the
general
6
assembly
by
December
15,
2013.
7
Sec.
12.
EMERGENCY
RULES.
If
specifically
authorized
by
8
a
provision
of
this
Act,
the
department
of
inspections
and
9
appeals
may
adopt
administrative
rules
under
section
17A.4,
10
subsection
3,
and
section
17A.5,
subsection
2,
paragraph
11
“b”,
to
implement
the
provisions
and
the
rules
shall
become
12
effective
immediately
upon
filing
or
on
a
later
effective
date
13
specified
in
the
rules,
unless
the
effective
date
is
delayed
by
14
the
administrative
rules
review
committee.
Any
rules
adopted
15
in
accordance
with
this
section
shall
not
take
effect
before
16
the
rules
are
reviewed
by
the
administrative
rules
review
17
committee.
The
delay
authority
provided
to
the
administrative
18
rules
review
committee
under
section
17A.4,
subsection
7,
and
19
section
17A.8,
subsection
9,
shall
be
applicable
to
a
delay
20
imposed
under
this
section,
notwithstanding
a
provision
in
21
those
sections
making
them
inapplicable
to
section
17A.5,
22
subsection
2,
paragraph
“b”.
Any
rules
adopted
in
accordance
23
with
the
provisions
of
this
section
shall
also
be
published
as
24
a
notice
of
intended
action
as
provided
in
section
17A.4.
25
Sec.
13.
CURRENT
RESIDENTS
AND
TENANTS
——
ACCESS
AND
SEARCH
26
OF
SEX
OFFENDER
REGISTRY
AND
NOTIFICATION.
A
nursing
facility,
27
residential
care
facility,
or
assisted
living
program,
within
28
three
months
of
the
adoption
of
the
rules
by
the
department
of
29
inspections
and
appeals
regarding
notification
of
the
admission
30
of
persons
required
to
register
as
a
sex
offender
to
a
facility
31
or
program
and
development
and
implementation
of
safety
plans
32
relating
to
such
admitted
persons,
shall
access
and
search
the
33
sex
offender
registry
established
in
chapter
692A
for
persons
34
who
were
residents
or
tenants
of
a
facility
or
program
prior
to
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the
adoption
of
the
rules
and
who
remain
residents
or
tenants
1
of
the
facility
or
program
after
the
adoption
of
the
rules.
2
Upon
determining
that
a
resident
or
tenant
is
a
person
required
3
to
register
as
a
sex
offender,
the
facility
or
program
shall,
4
within
three
months
of
the
adoption
of
the
rules,
work
with
5
the
department
of
inspections
and
appeals
and
the
department
6
of
human
services
to
transfer
a
sex
offender
living
in
the
7
facility
or
program
to
a
state
facility,
based
on
the
sex
8
offender
status
as
an
endangerment
to
the
safety
of
individuals
9
in
the
facility
or
program,
or
notify
persons
as
required
by
10
section
135C.23A
and
the
rules
adopted
pursuant
to
that
section
11
and
develop
and
implement
a
safety
plan
as
required
by
section
12
135C.23A
and
the
rules
adopted
pursuant
to
that
section.
The
13
rules
shall
provide
that,
for
purposes
of
this
section,
a
14
nursing
facility,
residential
care
facility,
or
assisted
living
15
program
has
the
right
to
discharge
a
current
resident
or
tenant
16
based
solely
on
the
person’s
status
as
a
sex
offender
as
an
17
endangerment
to
the
safety
of
individuals
in
the
facility
or
18
program.
19
Sec.
14.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
20
of
immediate
importance,
takes
effect
upon
enactment.
21
EXPLANATION
22
This
bill
addresses
the
placement
of
elderly
sex
offenders
23
in
certain
health
or
group
living
facilities.
24
The
bill
requires
the
clerk
of
the
committing
court
to
notify
25
the
department
of
inspections
and
appeals
and
the
admitting
26
facility
or
program,
upon
commitment
of
a
person
required
to
27
register
as
a
sex
offender
to
a
nursing
facility,
residential
28
care
facility,
or
assisted
living
program.
29
Before
admitting
a
person
required
to
register
as
a
sex
30
offender,
a
nursing
facility,
residential
care
facility,
or
31
assisted
living
program
must
access
and
search
the
sex
offender
32
registry
to
determine
whether
that
person
is
required
to
33
register
as
a
sex
offender.
34
If
admitting
a
person
required
to
register
as
a
sex
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offender,
a
nursing
facility,
residential
care
facility,
or
1
assisted
living
program
must
provide
notice
of
the
admission
2
to
residents
or
tenants;
the
emergency
contact
person
or
next
3
of
kin
of
residents
or
tenants;
operators,
owners,
managers,
4
employees,
and
visitors
of
the
facility
or
program;
and
5
the
sheriff
for
the
county
in
which
the
facility
or
program
6
is
located.
The
sheriff
must
provide
notice
to
local
law
7
enforcement
agencies.
The
nursing
facility,
residential
care
8
facility,
or
assisted
living
program
must
also
develop
and
9
implement
a
written
safety
plan,
in
accordance
with
rules
10
adopted
by
the
department
of
inspections
and
appeals,
for
the
11
person
required
to
register
as
a
sex
offender.
A
violation
of
12
these
requirements
may
subject
the
facility
or
program
to
a
13
civil
penalty.
14
The
department
of
inspections
and
appeals
is
required
to
15
establish
the
requirements
of
the
notice
provided
by
the
16
facility
or
program
and
the
requirements
of
the
safety
plan.
17
The
notice
requirements
must
include
but
are
not
limited
to
18
provisions
for
the
method
of
the
notice
and
the
time
of
the
19
notice.
The
requirements
of
the
safety
plan
must
include
20
but
are
not
limited
to
a
plan
for
the
safety
of
residents,
21
tenants,
and
staff;
a
plan
for
the
safety
of
others
when
22
community
functions
are
held
at
the
facility
or
program
or
when
23
a
person
required
to
register
as
a
sex
offender
is
not
on
the
24
premises
of
the
facility
or
program,
but
remains
in
the
care
25
and
custody
of
the
facility
or
program;
the
responsibilities
of
26
the
facility
or
program
and
its
operators,
owners,
managers,
27
and
employees;
and
the
timely
development
and
implementation
28
of
a
safety
plan.
29
The
bill
provides
that
persons
committed
as
sexually
violent
30
predators
that
are
in
the
transitional
release
program
governed
31
by
Code
chapter
229A
shall
not
be
released
to
a
health
care
32
facility
as
defined
in
Code
section
135C.1.
The
bill
further
33
provides
that
a
person
committed
as
a
sexually
violent
predator
34
shall
not
be
released
to
a
health
care
facility
when
a
release
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with
or
without
supervision
is
ordered.
The
bill
makes
1
conforming
amendments.
2
The
bill
provides
that
an
assisted
living
program
is
3
not
required
to
enter
into
an
occupancy
agreement
with
an
4
individual
through
court
order,
referral,
or
other
means
5
without
the
express
prior
approval
of
the
manager
of
the
6
assisted
living
program.
7
The
bill
also
address
placement
of
persons
required
to
8
register
as
a
sex
offender
pursuant
to
Code
chapter
692A.
The
9
bill
requires
that
by
July
1,
2013,
through
June
30,
2014,
the
10
department
of
human
services
must
secure
adequate
placement
11
for
certain
persons
required
to
register
as
a
sex
offender.
12
The
department
of
human
services
must
secure
placement
for
the
13
following:
a
sex
offender
being
released
from
the
custody
of
14
the
department
of
corrections
when
that
person
needs
medical
15
and
personal
care
provided
by
a
nursing
facility,
residential
16
care
facility,
or
assisted
living
program;
a
sex
offender
who
17
is
being
discharged
or
transferred
from
a
nursing
facility,
18
residential
care
facility,
or
assisted
living
program
pursuant
19
to
a
provision
of
the
bill;
or
a
person
who
requires
the
type
20
of
medical
and
personal
care
provided
by
a
nursing
facility,
21
residential
care
facility,
or
assisted
living
program
who
is
22
unable
to
gain
access
to
a
facility
or
program
because
the
23
person
is
required
to
register
on
the
sex
offender
registry.
24
The
bill
allows
the
department
of
human
services
to
use
a
25
state
facility
or
to
conduct
a
request
for
proposal
process
26
to
provide
care
for
such
persons.
The
bill
requires
the
27
department
of
human
services
to
secure
adequate
placement
for
28
such
a
person
as
described
above
within
10
business
days
of
29
being
notified
that
placement
is
needed.
30
The
bill
requires
the
department
of
human
services
to
31
establish
a
workforce
development
workgroup
to
address
problems
32
in
ensuring
that
an
adequate
workforce
is
available
in
the
33
state
to
provide
health
and
mental
health
services
to
persons
34
who
have
a
history
of
committing
sexual
offenses
and
have
been
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determined
likely
to
reoffend.
The
group
is
required
to
report
1
its
findings,
recommendations,
and
financing
information
for
2
those
findings
and
recommendations
annually
to
the
governor
and
3
the
general
assembly.
4
The
bill
directs
the
department
of
inspections
and
appeals,
5
in
conjunction
with
the
department
of
human
services,
to
6
establish
and
facilitate
a
committee
to
examine
options
for
a
7
facility
for
sexual
offenders.
The
committee
must
consider
8
options
for
a
facility
which
would
provide
care
for
persons
9
who
have
a
history
of
committing
sexual
offenses
and
have
been
10
determined
likely
to
reoffend.
The
committee
shall
identify
11
the
residents
to
be
served
by
the
facility;
the
need
for
such
12
a
facility;
options
for
creating
a
new
facility,
expanding
an
13
existing
facility,
or
using
any
alternative
facility
for
the
14
purpose
of
housing
identified
persons;
options
to
qualify
a
15
facility
for
Medicaid
reimbursement;
cost
projections
for
the
16
recommendations;
and
other
information
deemed
relevant
by
the
17
department
of
inspections
and
appeals.
18
The
committee
must
also
address
the
responsibility
of
the
19
court
or
the
clerk
of
court,
the
department
of
corrections,
20
or
any
other
entity
to
inform
a
nursing
facility,
residential
21
care
facility,
or
assisted
living
program
of
the
admission
22
of
a
person
who
has
a
history
of
committing
sexual
offenses
23
and
to
notify
persons
of
the
discharge
of
a
person
who
has
a
24
history
of
committing
sexual
offenses
from
a
nursing
facility,
25
residential
care
facility,
or
assisted
living
program.
The
26
committee
must
consider
and
make
recommendations
on
the
27
requirements
of
a
treatment
safety
plan
for
a
person
who
has
28
a
history
of
committing
sexual
offenses
when
that
person
is
29
admitted
to
a
nursing
facility,
residential
care
facility,
30
or
assisted
living
program.
The
committee
must
consider
31
the
establishment
of
a
formal
process
for
the
department
of
32
inspections
and
appeals
to
follow
when
completing
facility
33
or
assisted
living
program
inspections
or
surveys.
The
34
committee
must
also
consider
the
establishment
of
a
system
for
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the
judicial
branch
to
identify
facilities
with
the
capacity
1
to
provide
an
appropriate
placement
for
a
person
requiring
2
commitment
when
the
person
also
has
a
history
of
committing
3
sexual
offenses.
4
The
bill
requires
the
committee
to
provide
a
report
of
its
5
findings
and
recommendations
to
the
governor
and
the
general
6
assembly
by
December
15,
2013.
7
The
bill
allows
the
department
of
inspections
and
appeals
to
8
adopt
emergency
rules.
These
rules
are
not
effective
unless
9
reviewed
by
the
administrative
rules
review
committee.
10
Within
three
months
after
the
adoption
of
rules
by
the
11
department
of
inspections
and
appeals,
the
bill
requires
a
12
nursing
facility,
residential
care
facility,
or
assisted
living
13
program
to
access
and
search
the
sex
offender
registry
for
14
persons
who
were
residents
or
tenants
of
a
facility
or
program
15
prior
to
the
adoption
of
the
rules
and
who
remain
residents
of
16
the
facility
or
program.
If
the
facility
or
program
determines
17
that
a
resident
or
tenant
is
required
to
register
as
a
sex
18
offender,
the
facility
or
program
either
must
work
with
the
19
department
of
inspections
and
appeals
and
the
department
of
20
human
services
to
either
transfer
a
sex
offender
living
in
21
the
facility
or
program
to
a
state
facility
or
must
notify
22
persons
as
required
by
the
bill
and
the
rules
adopted
pursuant
23
to
the
bill
and
develop
and
implement
a
safety
plan.
The
24
bill
requires
that
rules
provide
that
a
nursing
facility,
25
residential
care
facility,
or
assisted
living
program
has
the
26
right
to
discharge
a
current
resident
or
tenant
based
only
on
27
that
person’s
status
as
a
sex
offender
as
an
endangerment
to
28
the
safety
of
individuals
in
the
facility
or
program.
29
The
bill
is
effective
upon
enactment.
30
-14-
LSB
1370YH
(3)
85
ad/rj
14/
14