Bill Text: IA HSB558 | 2021-2022 | 89th 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.(See HF 2161.)
Spectrum: Committee Bill
Status: (Introduced - Dead) 2022-01-28 - Committee report approving bill, renumbered as HF 2161. [HSB558 Detail]
Download: Iowa-2021-HSB558-Introduced.html
House
Study
Bill
558
-
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
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Section
1.
Section
692A.128,
Code
2022,
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
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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
shall
not
have
11
been
convicted
of
any
criminal
offenses
other
than
simple
12
misdemeanor
violations
of
chapter
321
or
local
traffic
13
ordinances
for
the
twenty-five-year
period
immediately
14
preceding
the
filing
of
the
application.
15
3.
The
application
shall
be
filed
in
the
sex
offender’s
16
county
of
principal
residence.
17
4.
Notice
of
any
application
shall
be
provided
to
the
18
county
attorney
of
the
county
of
the
sex
offender’s
principal
19
residence,
the
county
attorney
of
any
county
in
this
state
20
where
a
conviction
requiring
the
sex
offender’s
registration
21
occurred,
and
the
department.
The
county
attorney
where
the
22
conviction
occurred
shall
notify
the
victim
of
an
application
23
if
the
victim’s
address
is
known.
24
5.
The
court
may,
but
is
not
required
to,
conduct
a
hearing
25
on
the
application
to
hear
any
evidence
deemed
appropriate
by
26
the
court.
The
court
may
modify
the
registration
requirements
27
under
this
chapter
by
reducing
the
registration
period
.
28
6.
A
sex
offender
may
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.
However,
all
other
provisions
of
this
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section
not
in
conflict
with
this
subsection
shall
apply
to
the
1
application
prior
to
an
application
being
granted
except
that
2
the
sex
offender
is
not
required
to
obtain
a
stipulation
from
3
the
director
of
a
judicial
district
department
of
correctional
4
services,
or
the
director’s
designee.
5
7.
6.
If
the
court
modifies
the
registration
requirements
6
under
this
chapter
,
the
court
shall
send
a
copy
of
the
order
to
7
the
department,
the
sheriff
of
the
county
of
the
sex
offender’s
8
principal
residence,
any
county
attorney
notified
in
subsection
9
4
,
and
the
victim,
if
the
victim’s
address
is
known.
10
EXPLANATION
11
The
inclusion
of
this
explanation
does
not
constitute
agreement
with
12
the
explanation’s
substance
by
the
members
of
the
general
assembly.
13
This
bill
changes
the
requirements
for
a
sex
offender
14
to
be
granted
a
modification
of
the
sex
offender
registry
15
requirements.
Under
current
law,
a
sex
offender
must
be
on
16
probation,
parole,
work
release,
special
sentence,
or
any
17
other
type
of
conditional
release
to
file
an
application
for
a
18
modification.
The
bill
allows
any
sex
offender
on
the
Iowa
sex
19
offender
registry
to
file
an
application
for
a
modification.
20
Under
current
law,
a
sex
offender
will
only
be
granted
a
21
modification
by
a
court
if
the
date
of
the
commencement
of
22
the
requirement
to
register
occurred
at
least
two
years
prior
23
to
the
filing
of
the
application
for
a
tier
I
offender
and
24
five
years
prior
to
the
filing
of
the
application
for
a
tier
25
II
or
III
offender.
The
bill
changes
these
requirements
and
26
provides
that
a
tier
I
offender
must
have
initially
registered
27
at
least
10
years
prior
to
the
filing
of
the
application,
28
except
for
a
tier
I
offender
who
was
under
20
years
of
age
29
at
the
time
the
offender
committed
sexual
abuse
in
the
third
30
degree
under
certain
circumstances
pursuant
to
Code
section
31
709.4(1)(b)(3)(d),
who
must
have
initially
registered
at
least
32
five
years
prior
to
the
filing
of
the
application.
A
tier
II
or
33
tier
III
offender
must
have
initially
registered
at
least
25
34
years
prior
to
the
filing
of
the
application.
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Under
current
law,
a
risk
assessment
approved
by
the
1
department
of
corrections
must
be
completed
and
an
offender
2
must
be
classified
as
a
low
risk
to
reoffend
in
order
to
be
3
granted
a
modification.
The
bill
strikes
this
requirement
and
4
allows
a
court
to
grant
a
modification
if
the
offender
has
5
successfully
completed
any
period
of
probation,
parole,
special
6
sentence,
or
other
supervised
release
for
the
offense
requiring
7
registration.
8
The
bill
provides
that
a
tier
I
offender
must
not
have
9
been
convicted
of
any
criminal
offenses
other
than
simple
10
misdemeanor
violations
of
Code
chapter
321
or
local
traffic
11
ordinances
for
the
10-year
period
immediately
preceding
12
the
filing
of
the
application
in
order
to
be
granted
a
13
modification.
The
bill
provides
that
a
tier
II
or
tier
III
14
offender
shall
not
have
been
convicted
of
any
criminal
offenses
15
other
than
simple
misdemeanor
violations
of
Code
chapter
321
16
or
local
traffic
ordinances
for
the
25-year
period
immediately
17
preceding
the
filing
of
the
application.
18
The
bill
allows
a
court
to
reduce
the
period
in
which
a
sex
19
offender
is
required
to
register.
The
bill
strikes
current
law
20
allowing
a
sex
offender
to
be
granted
a
modification
if
the
21
offender
is
required
to
be
on
the
sex
offender
registry
as
a
22
result
of
an
adjudication
for
a
sex
offense,
the
offender
is
23
not
under
the
supervision
of
the
juvenile
court
or
a
judicial
24
district
judicial
department
of
correctional
services,
and
the
25
department
of
corrections
agrees
to
perform
a
risk
assessment
26
on
the
sex
offender.
27
Under
current
law,
the
director
of
the
judicial
district
28
department
of
correctional
services
supervising
the
sex
29
offender,
or
the
director’s
designee,
must
stipulate
to
the
30
modification.
The
bill
strikes
this
requirement.
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