Bill Text: IA HF552 | 2013-2014 | 85th General Assembly | Introduced
Bill Title: A bill for an act providing for placement, release, notice, and safety procedures relating to sex offenders and nursing facilities, residential care facilities, and assisted living programs, and providing penalties and including effective date provisions. (Formerly HF 53)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2013-12-31 - END OF 2013 ACTIONS [HF552 Detail]
Download: Iowa-2013-HF552-Introduced.html
House
File
552
-
Introduced
HOUSE
FILE
552
BY
COMMITTEE
ON
HUMAN
RESOURCES
(SUCCESSOR
TO
HF
53)
A
BILL
FOR
An
Act
providing
for
placement,
release,
notice,
and
safety
1
procedures
relating
to
sex
offenders
and
nursing
facilities,
2
residential
care
facilities,
and
assisted
living
programs,
3
and
providing
penalties
and
including
effective
date
4
provisions.
5
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
a
sex
2
offender
as
provided
in
section
692A.103
to
a
nursing
facility,
3
residential
care
facility,
or
assisted
living
program
as
4
defined
in
section
231C.2,
that
agrees
to
the
commitment,
the
5
clerk
of
the
committing
court
shall
notify
the
department
of
6
inspections
and
appeals
and
the
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
the
person
on
record
with
22
the
facility
or
program
as
the
next
of
kin
for
residents
or
23
tenants
of
the
facility
or
program.
24
c.
Operators,
owners,
managers,
or
employees
of
the
facility
25
or
program.
26
d.
Visitors
to
the
facility
or
program.
27
e.
The
sheriff
for
the
county
in
which
the
facility
or
28
program
is
located.
The
sheriff
shall
notify
local
law
29
enforcement
agencies.
30
4.
Upon
the
admission
of
a
person
required
to
register
as
a
31
sex
offender,
a
nursing
facility,
residential
care
facility,
or
32
assisted
living
program
shall
develop
and
implement
a
written
33
safety
plan
for
each
such
person
in
accordance
with
rules
34
adopted
by
the
department.
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5.
The
requirement
of
a
nursing
facility,
residential
1
care
facility,
or
assisted
living
program
under
this
section
2
to
provide
notice
pursuant
to
subsection
3
or
to
develop
and
3
implement
a
written
safety
plan
pursuant
to
subsection
4
is
4
contingent
upon
the
commencement
of
operations
of
a
state
5
or
private
facility,
as
noticed
by
the
department
of
human
6
services,
that
offers
adequate
placements
for
persons
who
are
7
required
to
register
as
a
sex
offender
pursuant
to
chapter
692A
8
and
who
require
the
type
of
medical
and
personal
care
provided
9
by
a
nursing
facility,
residential
care
facility,
or
assisted
10
living
program.
11
6.
The
department
shall
establish
by
rule,
all
of
the
12
following:
13
a.
The
requirements
of
the
notice
required
under
this
14
section.
The
rules
shall
include
but
are
not
limited
to
15
provisions
for
the
method
of
notice
and
time
of
notice
to
each
16
of
the
persons
enumerated
in
subsection
3.
17
b.
The
requirements
of
a
safety
plan
for
persons
required
18
to
register
as
a
sex
offender
who
are
admitted
by
a
nursing
19
facility,
residential
care
facility,
or
assisted
living
20
program.
The
rules
shall
include
but
are
not
limited
to
all
of
21
the
following:
22
(1)
A
plan
for
the
safety
of
residents,
tenants,
and
staff
23
of
the
facility
or
program.
24
(2)
A
plan
for
the
safety
of
others
when
community
functions
25
are
held
at
a
facility
or
program
and
when
a
person
required
to
26
register
as
a
sex
offender
is
not
on
the
premises
of
a
facility
27
or
program
but
the
person
remains
within
the
care,
custody,
and
28
control
of
the
facility
or
program.
29
(3)
A
provision
to
establish
the
responsibilities
of
a
30
nursing
facility,
residential
care
facility,
and
assisted
31
living
program
and
the
operators,
owners,
managers,
and
32
employees
of
facilities
and
programs
in
implementing
a
safety
33
plan.
34
(4)
A
provision
for
the
timely
development
and
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implementation
of
a
safety
plan.
1
7.
The
department
shall
work
with
interested
stakeholders
2
in
developing
the
proposed
rules
under
this
section.
3
8.
A
violation
of
this
section
is
subject
to
the
imposition
4
of
a
civil
penalty
in
accordance
with
rules
adopted
by
the
5
department
pursuant
to
this
section.
6
Sec.
2.
Section
229A.8A,
subsection
5,
Code
2013,
is
amended
7
to
read
as
follows:
8
5.
Committed
Except
as
provided
in
subsection
6A,
committed
9
persons
in
the
transitional
release
program
are
not
necessarily
10
required
to
be
segregated
from
other
persons.
11
Sec.
3.
Section
229A.8A,
Code
2013,
is
amended
by
adding
the
12
following
new
subsection:
13
NEW
SUBSECTION
.
6A.
Persons
in
the
transitional
release
14
program
shall
not
be
released
to
a
health
care
facility
as
15
defined
in
section
135C.1
or
an
assisted
living
program
as
16
defined
in
section
231C.2.
17
Sec.
4.
Section
229A.9A,
Code
2013,
is
amended
by
adding
the
18
following
new
subsection:
19
NEW
SUBSECTION
.
3A.
If
a
release
with
or
without
20
supervision
is
ordered,
the
committed
person
shall
not
be
21
released
to
a
health
care
facility
as
defined
in
section
135C.1
22
or
an
assisted
living
program
as
defined
in
section
231C.2.
23
Sec.
5.
Section
231C.3,
subsection
9,
Code
2013,
is
amended
24
to
read
as
follows:
25
9.
An
assisted
living
program
shall
comply
with
section
26
sections
135C.23A
and
135C.33
.
27
Sec.
6.
Section
231C.5A,
Code
2013,
is
amended
to
read
as
28
follows:
29
231C.5A
Assessment
Admission
and
assessment
of
tenants
——
30
program
eligibility.
31
1.
An
assisted
living
program
receiving
reimbursement
32
through
the
medical
assistance
program
under
chapter
249A
shall
33
assist
the
department
of
veterans
affairs
in
identifying,
upon
34
admission
of
a
tenant,
the
tenant’s
eligibility
for
benefits
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through
the
United
States
department
of
veterans
affairs.
The
1
assisted
living
program
shall
also
assist
the
commission
of
2
veterans
affairs
in
determining
such
eligibility
for
tenants
3
residing
in
the
program
on
July
1,
2009.
The
department
of
4
inspections
and
appeals,
in
cooperation
with
the
department
of
5
human
services,
shall
adopt
rules
to
administer
this
section
,
6
including
a
provision
that
ensures
that
if
a
tenant
is
eligible
7
for
benefits
through
the
United
States
department
of
veterans
8
affairs
or
other
third-party
payor,
the
payor
of
last
resort
9
for
reimbursement
to
the
assisted
living
program
is
the
medical
10
assistance
program.
The
rules
shall
also
require
the
assisted
11
living
program
to
request
information
from
a
tenant
or
tenant’s
12
personal
representative
regarding
the
tenant’s
veteran
status
13
and
to
report
to
the
department
of
veterans
affairs
only
the
14
names
of
tenants
identified
as
potential
veterans
along
with
15
the
names
of
their
spouses
and
any
dependents.
Information
16
reported
by
the
assisted
living
program
shall
be
verified
by
17
the
department
of
veterans
affairs.
18
2.
An
assisted
living
program
is
not
required
to
enter
19
into
a
lease
or
occupancy
agreement
with
an
individual
through
20
court
order,
referral,
or
other
means
without
the
express
prior
21
approval
of
the
manager
of
the
assisted
living
program.
22
Sec.
7.
Section
231C.14,
subsection
1,
Code
2013,
is
amended
23
by
adding
the
following
new
paragraph:
24
NEW
PARAGRAPH
.
d.
Noncompliance
with
section
135C.23A.
25
Sec.
8.
Section
602.8102,
Code
2013,
is
amended
by
adding
26
the
following
new
subsection:
27
NEW
SUBSECTION
.
152.
Notify
the
department
of
inspections
28
and
appeals
and
the
admitting
entity
upon
commitment
of
a
29
person
required
to
register
as
a
sex
offender
as
provided
in
30
section
692A.103
to
a
nursing
facility
or
residential
care
31
facility
as
defined
in
section
135C.1,
or
an
assisted
living
32
program
as
defined
in
section
231C.2,
that
agrees
to
the
33
commitment.
34
Sec.
9.
PLACEMENT
OF
PERSONS
REQUIRED
TO
REGISTER.
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1.
For
purposes
of
this
section,
“adequate
placement”
means
1
a
placement
that
will
provide
the
level
of
care
necessary
for
2
a
person
including
the
level
of
care
provided
by
a
nursing
3
facility
or
residential
care
facility.
4
2.
Upon
the
completion
of
a
request
for
proposals
process
5
as
allowed
under
this
section
and
commencement
of
operations
6
of
a
state
or
private
facility
offering
adequate
placement
7
under
this
section
through
December
31,
2014,
the
department
of
8
human
services,
in
compliance
with
federal
and
state
law,
shall
9
secure
adequate
placements
for
persons
required
to
register
10
as
a
sex
offender
pursuant
to
chapter
692A
who
are
being
11
released
from
the
custody
of
the
department
of
corrections
12
or
a
judicial
district
department
of
correctional
services
13
and
require
the
type
of
medical
and
personal
care
provided
by
14
a
nursing
facility,
residential
care
facility,
or
assisted
15
living
program;
who
are
being
discharged
or
transferred
from
16
nursing
facilities,
residential
care
facilities,
or
assisted
17
living
programs
pursuant
to
a
provision
of
this
Act;
or
who
18
require
the
type
of
medical
and
personal
care
provided
by
19
nursing
facilities,
residential
care
facilities,
or
assisted
20
living
programs
when
the
persons
are
unable
to
gain
access
21
to
a
facility
or
program
because
the
persons
are
required
to
22
register
on
the
sex
offender
registry.
23
3.
The
department
of
human
services
may
use
a
state
facility
24
to
provide
care
for
such
persons
or
may
conduct
a
request
for
25
proposal
process
to
contract
with
a
private
facility
to
care
26
for
such
persons.
A
request
for
proposals
shall
identify
the
27
reimbursement
rate,
the
necessary
staffing
and
the
necessary
28
training
for
staff
in
the
facility
or
program,
and
the
29
necessary
security
measures
to
ensure
the
safety
of
residents,
30
staff,
and
visitors
of
the
facility
or
program.
The
department
31
of
human
services
shall
begin
the
request
for
proposals
process
32
no
later
than
September
1,
2013.
33
4.
The
department
of
human
services
shall
secure
an
adequate
34
placement
for
such
a
person
within
ten
business
days
of
being
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notified
by
the
department
of
corrections,
the
department
of
1
inspections
and
appeals,
or
a
nursing
facility,
residential
2
care
facility,
or
assisted
living
program
that
placement
is
3
needed
for
such
person,
provided
that
such
period
shall
not
4
commence
until
the
department
of
public
safety
receives
and
5
approves
registration
data
and
makes
such
data
available
on
6
the
sex
offender
registry
internet
site
pursuant
to
section
7
692A.121,
subsection
12.
8
5.
The
department
of
human
services
shall
notify
the
general
9
assembly
as
provided
in
section
7A.11
and
the
governor
in
10
writing
of
the
commencement
of
operations
of
a
state
or
private
11
facility
offering
adequate
placements
under
this
section.
12
Sec.
10.
WORKFORCE
DEVELOPMENT
TASK
FORCE.
13
1.
The
department
of
human
services
shall
convene
and
14
provide
support
to
a
health
and
mental
health
services
for
15
sexual
offender
workforce
development
task
force
to
address
16
issues
connected
with
ensuring
that
an
adequate
workforce
is
17
available
in
the
state
to
provide
health
and
mental
health
18
services
to
persons
required
to
register
as
a
sex
offender
19
pursuant
to
section
692A.103.
The
task
force
shall
report
at
20
least
annually
to
the
governor
and
general
assembly
providing
21
findings,
recommendations,
and
financing
information
concerning
22
the
findings
and
recommendations.
23
2.
The
membership
of
the
task
force
shall
include
all
of
the
24
following:
25
a.
The
director
of
the
department
on
aging
or
the
director’s
26
designee.
27
b.
The
director
of
the
department
of
corrections
or
the
28
director’s
designee.
29
c.
The
director
of
the
department
of
education
or
the
30
director’s
designee.
31
d.
The
director
of
human
services
or
the
director’s
32
designee.
33
e.
The
director
of
the
department
of
public
health
or
the
34
director’s
designee.
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f.
The
director
of
the
department
of
workforce
development
1
or
the
director’s
designee.
2
g.
At
least
three
individuals
who
are
required
to
register
3
as
a
sex
offender
and
who
are
receiving
mental
health
or
health
4
services,
or
relatives
of
such
individuals.
5
h.
At
least
three
providers
of
mental
health
or
health
6
services
for
individuals
who
are
required
to
register
as
a
sex
7
offender.
8
i.
At
least
three
representatives
of
the
direct
care
9
workforce
who
provide
direct
care
to
persons
required
to
10
register
as
a
sex
offender
who
have
personal,
mental
health,
or
11
health
care
needs.
12
j.
At
least
three
individuals
who
are
survivors
of
sexual
13
assault,
or
relatives
of
such
individuals.
14
k.
Other
persons
identified
by
the
task
force.
15
3.
In
addition
to
the
members
identified
in
subsection
16
2,
the
membership
of
the
task
force
shall
include
four
17
members
of
the
general
assembly
serving
in
a
ex
officio,
18
nonvoting
capacity.
One
member
shall
be
designated
by
each
19
of
the
following:
the
majority
leader
of
the
senate,
the
20
minority
leader
of
the
senate,
the
speaker
of
the
house
of
21
representatives,
and
the
minority
leader
of
the
house
of
22
representatives.
A
legislative
member
serves
for
a
term
as
23
provided
in
section
69.16B.
24
4.
Except
as
provided
in
subsection
3
for
legislative
25
appointments,
the
task
force
shall
determine
its
own
rules
of
26
procedure,
membership
terms,
and
operating
provisions.
27
Sec.
11.
FACILITY
FOR
SEXUAL
OFFENDERS
COMMITTEE
AND
28
REPORT.
29
1.
The
department
of
inspections
and
appeals,
in
30
conjunction
with
the
department
of
human
services,
shall
31
establish
and
facilitate
the
activities
of
a
committee
of
32
stakeholders
to
examine
options
for
designating
a
facility
to
33
provide
care
for
persons
in
this
state
who
are
required
to
34
register
as
a
sex
offender
pursuant
to
section
692A.103
and
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require
the
type
of
personal
or
medical
care
provided
at
a
1
nursing
facility,
residential
care
facility,
or
assisted
living
2
program.
3
2.
The
membership
of
the
committee
shall
include
but
is
not
4
limited
to
the
following:
5
a.
Representatives
of
the
departments
of
inspections
6
and
appeals,
human
services,
public
health,
corrections,
and
7
aging,
the
office
of
the
state
public
defender,
the
office
of
8
the
citizens’
aide,
the
office
of
the
state
long-term
care
9
resident’s
advocate,
and
the
judicial
branch.
10
b.
Consumers
of
services
provided
by
health
care
facilities
11
and
family
members
of
consumers.
12
c.
Representatives
of
the
health
care
industry
and
industry
13
associations.
14
d.
Direct
care
workers
employed
by
health
care
facilities.
15
e.
Representatives
from
the
Iowa
legal
aid.
16
f.
Representatives
from
AARP
Iowa.
17
g.
Representatives
from
the
Iowa
civil
liberties
union.
18
h.
Representatives
of
the
Iowa
coalition
against
sexual
19
assault.
20
i.
Other
stakeholders
as
the
department
of
inspections
and
21
appeals
and
the
department
of
human
services
deem
necessary.
22
j.
Four
ex
officio,
nonvoting
members
from
the
general
23
assembly
with
not
more
than
one
member
from
each
chamber
being
24
from
the
same
political
party.
The
two
senators
shall
be
25
appointed,
one
each,
by
the
majority
leader
of
the
senate
and
26
the
minority
leader
of
the
senate.
The
two
representatives
27
shall
be
appointed,
one
each,
by
the
speaker
of
the
house
28
of
representatives
and
the
minority
leader
of
the
house
of
29
representatives.
30
3.
The
committee
shall
discuss
and
make
recommendations
on
31
all
of
the
following:
32
a.
Options
to
create
a
new
facility
or
assist
an
existing
33
facility
to
expand
services
to
provide
care
for
persons
who
34
are
no
longer
under
judicial
control,
but
who
are
required
to
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register
as
sex
offenders,
and
require
the
type
of
personal
1
or
medical
care
provided
at
a
nursing
facility,
residential
2
care
facility,
or
assisted
living
program.
The
committee
shall
3
identify
the
characteristics
of
a
client
for
such
a
facility,
4
the
need
for
such
a
facility,
options
for
creating
a
new
5
facility
to
house
such
persons,
options
for
the
expansion
of
6
an
existing
facility
to
house
such
persons,
options
for
using
7
any
alternative
facilities
for
such
purposes,
options
for
a
8
public-private
partnership
for
such
a
facility,
options
for
9
using
part
of
a
mental
health
institute
to
house
such
persons,
10
options
to
qualify
a
facility
for
Medicaid
reimbursement,
cost
11
projections
for
any
recommendations,
regulatory
challenges,
12
and
other
information
deemed
relevant
by
the
department
of
13
inspections
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,
that
18
agrees
to
the
commitment,
of
the
admission
of
a
person
who
is
19
required
to
register
as
a
sex
offender.
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
is
required
to
register
as
a
sex
24
offender
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
is
required
to
register
as
a
29
sex
offender.
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
is
3
required
to
register
as
a
sex
offender.
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.
27
1.
Within
three
months
of
either
of
the
actions
described
28
in
paragraph
“a”
or
“b”,
whichever
occurs
last,
a
nursing
29
facility,
residential
care
facility,
or
assisted
living
30
program,
shall
access
and
search
the
sex
offender
registry
31
established
in
chapter
692A
for
persons
who
were
and
remain
32
residents
or
tenants
of
the
facility
or
program
prior
to
and
33
after
either
of
the
actions
described
in
paragraph
“a”
or
“b”.
34
a.
The
adoption
by
the
department
of
inspections
and
appeals
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of
rules
regarding
notification
of
the
admission
of
persons
1
required
to
register
as
a
sex
offender
to
a
facility
or
program
2
and
regarding
development
and
implementation
of
safety
plans
3
relating
to
such
admitted
persons.
4
b.
The
commencement
of
operations
of
a
state
or
private
5
facility
offering
adequate
placements
under
this
Act,
as
6
noticed
by
the
department
of
human
services,
that
provides
care
7
for
persons
who
are
required
to
register
as
a
sex
offender
8
pursuant
to
chapter
692A
and
who
require
the
type
of
medical
9
and
personal
care
provided
by
a
nursing
facility,
residential
10
care
facility,
or
assisted
living
program.
11
2.
a.
Upon
determining
that
a
resident
or
tenant
is
a
12
person
required
to
register
as
a
sex
offender,
the
facility
13
or
program
shall
work
with
the
department
of
inspections
and
14
appeals
and
the
department
of
human
services
to
transfer
a
sex
15
offender
living
in
the
facility
or
program,
as
an
endangerment
16
to
the
safety
of
individuals
in
the
facility
or
program
based
17
on
that
person’s
status
as
a
sex
offender,
to
a
state
or
18
private
facility,
or
to
notify
persons
as
required
by
section
19
135C.23A
and
the
rules
adopted
pursuant
to
that
section
and
20
develop
and
implement
a
safety
plan
as
required
by
section
21
135C.23A
and
rules
adopted
pursuant
to
that
section.
22
b.
Within
three
months
of
either
of
the
actions
described
23
in
subsection
1,
paragraph
“a”
or
“b”,
whichever
occurs
last,
24
the
resident
or
tenant
shall
be
transferred
or
the
facility
25
or
program
shall
have
notified
persons
as
required
by
section
26
135C.23A
and
the
rules
adopted
pursuant
to
that
section
and
27
shall
have
developed
and
implemented
a
safety
plan
as
required
28
by
section
135C.23A
and
the
rules
adopted
pursuant
to
that
29
section.
30
c.
The
rules
shall
provide
that,
for
purposes
of
this
31
section,
a
nursing
facility,
residential
care
facility,
or
32
assisted
living
program
has
the
right
to
discharge
a
current
33
resident
or
tenant
based
solely
on
the
person’s
status
as
a
sex
34
offender
as
that
person
is
an
endangerment
to
the
safety
of
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individuals
in
the
facility
or
program,
notwithstanding
section
1
135C.23,
subsection
3.
2
3.
The
department
of
human
services
shall
notify
the
3
department
of
inspections
and
appeals
in
writing
of
the
4
commencement
of
operations
of
a
state
or
private
facility
5
offering
adequate
placements
under
this
Act.
Upon
receiving
6
this
notice,
the
department
of
inspections
and
appeals
7
shall
provide
notice
to
nursing
facilities,
residential
care
8
facilities,
and
assisted
living
programs
of
the
commencement
9
of
operations
of
a
state
or
private
facility
offering
adequate
10
placements
under
this
Act.
11
Sec.
14.
FUTURE
RESIDENTS
AND
TENANTS
——
DISCHARGE.
If
12
a
tenant
or
resident
has
been
added
to
the
sex
offender
13
registry
after
a
nursing
facility,
residential
care
facility,
14
or
assisted
living
program
has
accessed
and
searched
the
15
registry
or
if
a
resident
or
tenant
is
on
the
sex
offender
16
registry
of
another
state
and
the
person’s
status
was
not
17
disclosed
to
the
nursing
facility,
residential
care
facility,
18
or
assisted
living
program,
either
through
an
act
of
omission
19
or
misrepresentation,
the
rules
shall
provide
that
a
nursing
20
facility,
residential
care
facility,
or
assisted
living
program
21
has
the
right
to
discharge
the
resident
or
tenant
based
solely
22
on
the
person’s
status
as
a
sex
offender
as
that
person
is
an
23
endangerment
to
the
safety
of
individuals
in
the
facility
or
24
program,
notwithstanding
section
135C.23,
subsection
3.
25
Sec.
15.
EFFECTIVE
UPON
ENACTMENT.
This
Act,
being
deemed
26
of
immediate
importance,
takes
effect
upon
enactment.
27
EXPLANATION
28
This
bill
addresses
the
placement,
release,
notice,
and
29
safety
procedures
relating
to
sex
offenders
and
nursing
30
facilities,
residential
care
facilities,
and
assisted
living
31
programs.
32
NOTIFICATION
OF
COMMITMENT.
The
bill
requires
the
clerk
of
33
the
committing
court
to
notify
the
department
of
inspections
34
and
appeals
and
the
admitting
facility
or
program,
upon
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commitment
of
a
person
required
to
register
as
a
sex
offender
1
to
a
nursing
facility,
residential
care
facility,
or
assisted
2
living
program
that
agrees
to
the
commitment.
3
SEX
OFFENDER
REGISTRY
ACCESS.
Before
admitting
a
person
4
required
to
register
as
a
sex
offender,
a
nursing
facility,
5
residential
care
facility,
or
assisted
living
program
must
6
access
and
search
the
sex
offender
registry
to
determine
7
whether
that
person
is
required
to
register
as
a
sex
offender.
8
NOTICE
OF
ADMISSION/TREATMENT
SAFETY
PLAN.
If
admitting
9
a
person
required
to
register
as
a
sex
offender,
a
nursing
10
facility,
residential
care
facility,
or
assisted
living
11
program
must
provide
notice
of
the
admission
to
residents
or
12
tenants;
the
emergency
contact
person
or
the
person
on
record
13
as
the
next
of
kin
of
residents
or
tenants;
operators,
owners,
14
managers,
employees;
visitors
of
the
facility
or
program;
and
15
the
sheriff
for
the
county
in
which
the
facility
or
program
16
is
located.
The
sheriff
must
provide
notice
to
local
law
17
enforcement
agencies.
The
nursing
facility,
residential
care
18
facility,
or
assisted
living
program
must
also
develop
and
19
implement
a
written
safety
plan,
in
accordance
with
rules
20
adopted
by
the
department
of
inspections
and
appeals,
for
such
21
a
person
required
to
register
as
a
sex
offender.
A
violation
22
of
these
requirements
may
subject
the
facility
or
program
to
a
23
civil
penalty.
24
CONTINGENCY.
The
requirement
that
a
nursing
facility,
25
residential
care
facility,
or
assisted
living
program
provide
26
notice
and
develop
and
implement
a
written
safety
plan
is
27
contingent
on
the
commencement
of
operations
of
a
state
or
28
private
facility
that
offers
placement
for
persons
required
to
29
register
as
a
sex
offender
and
who
need
medical
or
personal
30
care
that
is
generally
provided
by
a
nursing
facility,
31
residential
care
facility,
or
assisted
living
program.
32
NOTICE
OF
NEW
TEMPORARY
FACILITY.
The
bill
requires
the
33
department
of
human
services
to
notify
the
department
of
34
inspections
and
appeals
in
writing
of
the
commencement
of
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operations
at
a
state
or
private
facility
as
required
under
the
1
bill.
2
RULES.
The
department
of
inspections
and
appeals
is
3
required
to
establish
the
requirements
of
the
notice
provided
4
by
the
facility
or
program
and
the
requirements
of
the
safety
5
plan.
The
notice
requirements
must
include
but
are
not
limited
6
to
provisions
for
the
method
of
the
notice
and
the
time
of
7
the
notice.
The
requirements
of
the
safety
plan
must
include
8
but
are
not
limited
to
a
plan
for
the
safety
of
residents,
9
tenants,
and
staff;
a
plan
for
the
safety
of
others
when
10
community
functions
are
held
at
the
facility
or
program
or
when
11
a
person
required
to
register
as
a
sex
offender
is
not
on
the
12
premises
of
the
facility
or
program,
but
remains
in
the
care
13
and
custody
of
the
facility
or
program;
the
responsibilities
of
14
the
facility
or
program
and
its
operators,
owners,
managers,
15
and
employees;
and
the
timely
development
and
implementation
16
of
a
safety
plan.
17
SEXUALLY
VIOLENT
PREDATORS.
The
bill
provides
that
persons
18
committed
as
sexually
violent
predators
that
are
in
the
19
transitional
release
program
governed
by
Code
chapter
229A
20
shall
not
be
released
to
a
health
care
facility
or
an
assisted
21
living
program.
The
bill
further
provides
that
a
person
22
committed
as
a
sexually
violent
predator
shall
not
be
released
23
to
a
health
care
facility
or
assisted
living
program
when
a
24
release
with
or
without
supervision
is
ordered.
The
bill
makes
25
conforming
amendments.
26
ASSISTED
LIVING
PROGRAM.
The
bill
provides
that
an
assisted
27
living
program
is
not
required
to
enter
into
an
occupancy
28
agreement
with
an
individual
through
court
order,
referral,
or
29
other
means
without
the
express
prior
approval
of
the
manager
30
of
the
assisted
living
program.
31
TEMPORARY
FACILITY
PLACEMENTS.
The
bill
also
addresses
32
placement
of
persons
required
to
register
as
a
sex
offender
33
pursuant
to
Code
chapter
692A.
The
bill
requires
that
34
after
completion
of
a
request
for
proposals
process
and
the
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commencement
of
operations
of
a
state
or
private
facility
1
offering
adequate
placement
until
December
31,
2014,
the
2
department
of
human
services
must
secure
adequate
placement
3
for
certain
persons
required
to
register
as
a
sex
offender.
4
The
department
of
human
services
must
secure
placement
for
the
5
following:
a
sex
offender
being
released
from
the
custody
of
6
the
department
of
corrections
or
a
judicial
district
department
7
of
correctional
services
when
that
person
needs
medical
and
8
personal
care
provided
by
a
nursing
facility,
residential
9
care
facility,
or
assisted
living
program;
a
sex
offender
who
10
is
being
discharged
or
transferred
from
a
nursing
facility,
11
residential
care
facility,
or
assisted
living
program
pursuant
12
to
a
provision
of
the
bill;
or
a
person
who
requires
the
type
13
of
medical
and
personal
care
provided
by
a
nursing
facility,
14
residential
care
facility,
or
assisted
living
program
who
is
15
unable
to
gain
access
to
a
facility
or
program
because
the
16
person
is
required
to
register
on
the
sex
offender
registry.
17
The
bill
allows
the
department
of
human
services
to
use
a
state
18
facility
or
to
conduct
a
request
for
proposals
process
to
19
provide
care
for
such
persons,
but
requires
that
the
request
20
for
proposals
process
begin
by
September
1,
2013.
The
bill
21
requires
the
department
of
human
services
to
secure
adequate
22
placement
for
such
a
person
as
described
above
within
10
23
business
days
of
being
notified
that
placement
is
needed.
The
24
department
of
human
services
must
provide
notice
to
the
general
25
assembly
and
the
governor
upon
commencement
of
operations
of
26
the
facility.
27
WORKFORCE
DEVELOPMENT
TASK
FORCE.
The
bill
requires
28
the
department
of
human
services
to
establish
a
workforce
29
development
task
force
to
address
problems
in
ensuring
that
30
an
adequate
workforce
is
available
in
the
state
to
provide
31
health
and
mental
health
services
to
persons
who
are
required
32
to
register
as
a
sex
offender.
The
task
force
is
required
to
33
report
its
findings,
recommendations,
and
financing
information
34
for
those
findings
and
recommendations
annually
to
the
governor
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and
the
general
assembly.
1
PERMANENT
FACILITY
COMMITTEE.
The
bill
directs
the
2
department
of
inspections
and
appeals,
in
conjunction
with
3
the
department
of
human
services,
to
establish
and
facilitate
4
a
committee
to
examine
options
for
a
facility
for
sexual
5
offenders.
The
committee
must
consider
options
for
a
facility
6
which
would
provide
care
for
persons
who
are
required
to
7
register
as
a
sex
offender
and
require
the
type
of
care
8
ordinarily
provided
by
a
nursing
facility,
residential
care
9
facility,
or
assisted
living
program.
The
committee
shall
10
identify
the
residents
to
be
served
by
the
facility;
the
need
11
for
such
a
facility;
options
for
creating
a
new
facility,
12
expanding
an
existing
facility,
or
using
any
alternative
13
facility
for
the
purpose
of
housing
identified
persons;
14
options
to
qualify
a
facility
for
Medicaid
reimbursement;
cost
15
projections
for
the
recommendations;
and
other
information
16
deemed
relevant.
17
The
committee
must
also
address
the
responsibility
of
the
18
court
or
the
clerk
of
court,
the
department
of
corrections,
19
or
any
other
entity
to
inform
a
nursing
facility,
residential
20
care
facility,
or
assisted
living
program,
that
agrees
to
21
the
commitment,
of
the
admission
of
a
person
who
is
required
22
to
register
as
a
sex
offender
and
to
notify
persons
of
the
23
discharge
of
such
a
person.
The
committee
must
consider
24
and
make
recommendations
on
the
requirements
of
a
treatment
25
safety
plan
for
a
person
who
is
required
to
register
as
a
sex
26
offender
when
that
person
is
admitted
to
a
nursing
facility,
27
residential
care
facility,
or
assisted
living
program.
The
28
committee
must
consider
the
establishment
of
a
formal
process
29
for
the
department
of
inspections
and
appeals
to
follow
when
30
completing
facility
or
assisted
living
program
inspections
or
31
surveys.
The
committee
must
also
consider
the
establishment
32
of
a
system
for
the
judicial
branch
to
identify
facilities
33
with
the
capacity
to
provide
an
appropriate
placement
for
a
34
person
requiring
commitment
when
the
person
also
is
required
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to
register
as
a
sex
offender.
1
The
bill
requires
the
committee
to
provide
a
report
of
its
2
findings
and
recommendations
to
the
governor
and
the
general
3
assembly
by
December
15,
2013.
4
EMERGENCY
RULES.
The
bill
allows
the
department
of
5
inspections
and
appeals
to
adopt
emergency
rules.
These
rules
6
are
not
effective
unless
reviewed
by
the
administrative
rules
7
review
committee.
8
CURRENT
RESIDENTS
AND
TENANTS.
The
bill
requires
nursing
9
facilities,
residential
care
facilities,
and
assisted
living
10
programs,
after
either
the
adoption
of
rules
by
the
department
11
of
inspections
and
appeals
regarding
notification
and
the
12
development
and
implementation
of
safety
plans
in
a
facility
or
13
program
or
the
commencement
of
operations
of
a
state
or
private
14
facility
as
required
by
the
bill,
whichever
occurs
last,
15
to
access
and
search
the
sex
offender
registry
for
persons
16
who
were
and
remain
residents
or
tenants
of
the
facility
or
17
program
after
the
adoption
of
the
rules
or
the
commencement
of
18
operations
of
a
state
or
private
facility.
19
After
a
facility
or
program
determines
that
a
current
20
resident
or
tenant
is
required
to
register,
the
facility
or
21
program
must
work
with
the
department
of
inspections
and
22
appeals
and
the
department
of
human
services
to
either
transfer
23
a
sex
offender
to
the
state
or
private
facility
based
on
that
24
person’s
status
as
a
sex
offender
as
an
endangerment
to
others
25
in
the
facility,
or
the
facility
or
program
must
notify
persons
26
as
required
by
the
bill
and
develop
and
implement
a
safety
plan
27
for
the
sex
offender
as
required
by
the
bill.
28
The
facility
or
program
must
have
either
transferred
the
29
current
resident
or
tenant
required
to
register
as
a
sex
30
offender
or
notified
persons
and
developed
and
implemented
a
31
safety
plan
for
that
resident
or
tenant
within
three
months
of
32
the
adoption
of
the
rules
for
notification
and
the
safety
plan
33
or
the
commencement
of
a
state
or
private
facility
as
required
34
by
the
bill.
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FUTURE
RESIDENTS
AND
TENANTS
——
DISCHARGE.
The
bill
states
1
that
the
rules
adopted
by
the
department
of
inspections
and
2
appeals
concerning
residents
or
tenants
in
a
facility
or
3
program
at
the
time
rules
are
adopted
or
commencement
of
4
operations
of
a
facility
or
program
take
place
must
state
that
5
a
program
or
facility
has
the
right
to
discharge
a
resident
or
6
tenant
based
solely
on
the
person’s
status
as
a
sex
offender
7
and
an
endangerment
to
the
safety
of
others.
The
bill
also
8
requires
that
rules
adopted
by
the
department
of
inspections
9
and
appeals
allow
a
facility
or
program
the
right
to
discharge
10
a
resident
or
tenant
based
solely
on
the
person’s
status
as
11
a
sex
offender
as
an
endangerment
to
others
if
a
tenant
or
12
resident
was
added
to
the
sex
offender
registry
after
the
13
facility
or
program
accessed
the
registry
or
if
a
resident
or
14
tenant’s
status
was
not
disclosed
to
the
facility
or
program.
15
The
bill
is
effective
upon
enactment.
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