Iowa House Report

The Iowa Sex Offender Registry became law on July 1, 1995, in SF 93 (Sex Offender Registry Act). On or after July 1, 1995, an individual who has been convicted or adjudicated of a criminal offense against a minor, sexual exploitation, or a sexually violent crime or who was on probation, parole, or work release status, or who was incarcerated on or after July 1, 1995, is required to register.

Registration does include individuals who have received a deferred sentence or deferred judgments and can include convictions from other jurisdictions such as other states and/or federal convictions. A person who is required to register, but has failed to comply with the guidelines as listed in Code of Iowa section 692A.7, is guilty of an aggravated misdemeanor for a first offense and a Class D felony for a second or subsequent offense. A person who fails to register and commits a criminal offense against a minor, sexual exploitation, or a sexually violent offense commits a Class C felony.

A convicted sex offender is required by law to register with the Iowa Sex Offender Registry and must do so for a minimum of 10 years. If a registrant is convicted of an “aggravated offense”, is convicted of a second or subsequent offense, or is deemed a sexual predator by the courts, the offender must register for life. Registrants are placed on the Sex Offender Registry website, which became operational in March of 2000.

Once convicted and released from custody, a sex offender has five days to register with the sheriff of the county in which that person resides.

At the time of registration, the sex offender may be required to pay $10 to the sheriff, which is used to defray the cost of duties related to the registration process. This $10 fee can be waived at the discretion of the sheriff. Notification of the sheriff’s office and the potential payment of $10 must be done every time the sex offender moves to a new address or has a change of name.

At the time of conviction, Iowa law requires that an offender be assessed a one-time civil penalty of $200 payable to the clerk of court of the county. At the time of payment, the clerk of court deposits $20 in the Court Technology and Modernization Fund and the balance of $180 is deposited in the Sex Offender Registry Fund in the Department of Public Safety (DPS).

The Division of Criminal Investigation within the Department of Public Safety is responsible for maintaining the database for the Registry, which includes entering all new registrants and changing information (name and/or address) of current registrants. Verification is done through annual/quarterly verification of address forms that the Division of Criminal Investigation sends to all registrants.

Any person may contact a sheriff’s office or a police department in writing to request information regarding any person required to register on the registry. There is no limit to the number of inquiries.

Iowa currently has laws that are tough on crime. Nevertheless, recent tragedies in Iowa and other parts of the country demand that this Legislature revisit the part of our Code that deals with sex offenders.

The Iowa Legislature responded quickly and on March 30, 2005, the Iowa House unanimously passed a bill that is designed to better protect our children from those who wish to do them harm. Highlights of this improved sex offender bill are provided below.

Bill Passed by the House

Supervised Release

HF 619 requires mandatory two-year supervision of all convicted sex offenders, domestic abusers and stalkers after their release from prison. Many of these offenders avoid treatment while in prison, thus increasing the risk of recidivism upon release. Once completing their entire prison sentence and returning to society, they remain untreated.

Mandatory supervised release closes the loophole for offenders who refuse treatment while in prison and provides the treatment and supervision upon release which is designed to promote a behavioral change. This will not apply retroactively to those currently incarcerated. The bill applies to the following offenses:

* Chapter 709 - Sexual Abuse

* Section 692A.7 - Failure to register as a Sex Offender

* Section 708.2A - Felony Domestic Abuse Assault

* Section 708.11 - Stalking

* Section 726.2 - Incest

These offenders pose a very serious risk of re-offending if they do not receive proper treatment and supervision. HF 619 seeks to reduce that risk. The mandatory supervision is referred to as an “additional term of years” to avoid potential confusion with what would otherwise seem like two types of parole.

The bill requires that an additional term of years be treated exactly as parole under Code Chapter 906. If a person violates their additional term of years, they are still under the supervision of the Board of Parole and subject to procedures set out in Code Chapters 905 (Community Based Corrections) and 908 (Procedures for Violation of Parole or Probation). The bill does not require an additional term of years for those persons who are paroled, as they are already under the same supervision that the additional term of years requires.

Residency Restrictions

HF 619 restricts where persons on the sex offender registry may live. Current law forbids any person on the registry from living within 2,000 feet of public or nonpublic elementary or secondary school or a child care facility. This law, enacted in 2002, was ruled unconstitutional in 2004. While the appeal is pending, the judge issued an injunction preventing enforcement of the current law. This bill will put in place a new restriction, pending the outcome of the appeal.

HF 619 forbids any person on the sex offender registry from living within 1,000 feet of a public or nonpublic elementary or secondary school or a child care facility. Violation of this section is an aggravated misdemeanor, punishable by confinement of up to two years and a fine of at least $500 but not more than $5,000. Similar legislation exists in 11 other states.

Electronic Monitoring

HF 619 requires persons on the sex offender registry to wear electronic monitoring devices while they are on parole, probation, work release, supervised release or any other type of conditional release. The cost of an electronic monitoring device is $4.75/day per offender. In addition, probation/parole officers will be needed in the Department of Corrections to monitor the activity. The department estimates the total cost of the electronic monitoring to be approximately $2.3 million dollars annually.

DNA

HF 619 requires that all persons who must register on the sex offender registry submit a DNA sample. Current law requires certain offenders to submit DNA once they are convicted. This section would add sex offenders to that list.

Additional Penalties

HF 619 creates new penalties for offenders who fail to comply with the registry requirements by increasing the length of time they must remain on the registry by an additional 10 years.

In addition, this bill eliminates the ability of a sex offender to accrue “earned time” while in prison if they refuse to participate in required sex offender treatment programs. Earned time is currently calculated at one and two-tenths days reduction for each day served.

Photographs

HF 619 requires that photos posted on the sex offender registry be updated annually. Current law requires the local sheriff to verify the address of registered sex offenders annually. This section merely adds that the registrant must also submit to a photo, taken by the county sheriff, at least once per year. The sheriff must send the photo to the Department of Public Safety within 10 days, and it will be posted on the website.

Dissemination of Sex Offender Information

HF 619 allows the general public to post relevant information about any sex offender. Relevant information includes the offender’s name, address, photographs, and criminal history.

Next Week in the House

The House will debate Senate Bills and Unfinished Business.

As always, please feel free to contact me with any questions or concerns that you have. I can be reached at chuck.gipp@legis.state.ia.us or by phone at 515-281-3054.