Bill Text: IA SF2363 | 2021-2022 | 89th General Assembly | Enrolled
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. (Formerly SSB 3025.) Effective date: 07/01/2022.
Spectrum: Committee Bill
Status: (Passed) 2022-06-27 - Fiscal note. [SF2363 Detail]
Download: Iowa-2021-SF2363-Enrolled.html
Senate
File
2363
-
Enrolled
Senate
File
2363
AN
ACT
RELATING
TO
THE
REQUIREMENTS
FOR
A
SEX
OFFENDER
TO
BE
GRANTED
A
MODIFICATION
OF
SEX
OFFENDER
REGISTRY
REQUIREMENTS.
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
Section
1.
Section
692A.128,
Code
2022,
is
amended
to
read
as
follows:
692A.128
Modification.
1.
A
sex
offender
who
is
on
probation,
parole,
work
release,
special
sentence,
or
any
other
type
of
conditional
release
may
file
an
application
in
district
court
seeking
to
modify
the
registration
requirements
under
this
chapter
.
2.
An
For
an
offender
whose
requirement
to
register
as
a
sex
offender
commenced
prior
to
July
1,
2022,
an
application
shall
not
be
granted
unless
all
of
the
following
apply:
a.
The
date
of
the
commencement
of
the
requirement
to
register
occurred
at
least
two
years
prior
to
the
filing
of
the
application
for
a
tier
I
offender
and
five
years
prior
to
the
filing
of
the
application
for
a
tier
II
or
III
offender.
b.
The
sex
offender
has
successfully
completed
all
sex
offender
treatment
programs
that
have
been
required.
c.
A
risk
assessment
has
been
completed
and
the
sex
offender
was
classified
as
a
low
risk
to
reoffend.
The
risk
assessment
used
to
assess
an
offender
as
a
low
risk
to
reoffend
shall
be
a
validated
risk
assessment
approved
by
the
department
of
corrections.
d.
The
sex
offender
is
not
incarcerated
when
the
application
Senate
File
2363,
p.
2
is
filed.
e.
The
director
of
the
judicial
district
department
of
correctional
services
supervising
the
sex
offender,
or
the
director’s
designee,
stipulates
to
the
modification,
and
a
certified
copy
of
the
stipulation
is
attached
to
the
application.
3.
For
an
offender
whose
requirement
to
register
as
a
sex
offender
commenced
on
or
after
July
1,
2022,
an
application
shall
not
be
granted
unless
all
of
the
following
apply:
a.
A
period
of
time
has
elapsed
since
the
offender’s
initial
registration
as
follows:
(1)
(a)
Except
as
otherwise
provided
in
subparagraph
division
(b),
a
tier
I
offender
initially
registered
at
least
ten
years
prior
to
the
filing
of
the
application.
(b)
A
tier
I
offender
who
was
under
twenty
years
of
age
at
the
time
the
offender
committed
a
violation
of
section
709.4,
subsection
1,
paragraph
“b”
,
subparagraph
(2),
subparagraph
division
(d),
initially
registered
at
least
five
years
prior
to
the
filing
of
the
application.
(2)
A
tier
II
or
tier
III
offender
initially
registered
at
least
fifteen
years
prior
to
the
filing
of
the
application.
b.
The
sex
offender
has
successfully
completed
all
sex
offender
treatment
programs
that
have
been
required.
c.
A
risk
assessment
has
been
completed
and
the
sex
offender
was
classified
as
a
low
risk
to
reoffend.
The
risk
assessment
used
to
assess
an
offender
as
a
low
risk
to
reoffend
shall
be
a
validated
risk
assessment
approved
by
the
department
of
corrections.
d.
The
sex
offender
is
not
incarcerated
when
the
application
is
filed
has
successfully
completed
any
pretrial
release,
probation,
parole,
or
work
release
for
the
offense
requiring
registration
.
e.
The
director
of
the
judicial
district
department
of
correctional
services
supervising
the
sex
offender,
or
the
director’s
designee,
stipulates
to
the
modification,
and
a
certified
copy
of
the
stipulation
is
attached
to
the
application.
f.
The
sex
offender
is
not
incarcerated
when
the
application
is
filed.
Senate
File
2363,
p.
3
(1)
A
tier
I
offender
must
not
have
been
convicted
of
any
criminal
offense
other
than
a
simple
misdemeanor,
or
a
simple
or
serious
misdemeanor
or
traffic
violation
under
chapter
321,
for
the
ten-year
period
immediately
preceding
the
filing
of
the
application.
(2)
A
tier
II
or
tier
III
offender
shall
not
have
been
convicted
of
any
criminal
offense
other
than
a
simple
misdemeanor,
or
a
simple
or
serious
misdemeanor
or
traffic
violation
under
chapter
321,
for
the
fifteen-year
period
immediately
preceding
the
filing
of
the
application.
3.
4.
The
application
shall
be
filed
in
the
sex
offender’s
county
of
principal
residence.
4.
5.
Notice
of
any
application
shall
be
provided
to
the
county
attorney
of
the
county
of
the
sex
offender’s
principal
residence,
the
county
attorney
of
any
county
in
this
state
where
a
conviction
requiring
the
sex
offender’s
registration
occurred,
and
the
department.
The
county
attorney
where
the
conviction
occurred
shall
notify
the
victim
of
an
application
if
the
victim’s
address
is
known.
5.
6.
The
court
may,
but
is
not
required
to,
conduct
a
hearing
on
the
application
to
hear
any
evidence
deemed
appropriate
by
the
court.
The
court
may
modify
the
registration
requirements
under
this
chapter
by
reducing
the
registration
period
.
6.
A
sex
offender
may
be
granted
a
modification
if
the
offender
is
required
to
be
on
the
sex
offender
registry
as
a
result
of
an
adjudication
for
a
sex
offense,
the
offender
is
not
under
the
supervision
of
the
juvenile
court
or
a
judicial
district
judicial
department
of
correctional
services,
and
the
department
of
corrections
agrees
to
perform
a
risk
assessment
on
the
sex
offender.
However,
all
other
provisions
of
this
section
not
in
conflict
with
this
subsection
shall
apply
to
the
application
prior
to
an
application
being
granted
except
that
the
sex
offender
is
not
required
to
obtain
a
stipulation
from
the
director
of
a
judicial
district
department
of
correctional
services,
or
the
director’s
designee.
7.
If
the
court
modifies
the
registration
requirements
under
this
chapter
,
the
court
shall
send
a
copy
of
the
order
to
the
department,
the
sheriff
of
the
county
of
the
sex
offender’s
Senate
File
2363,
p.
4
principal
residence,
any
county
attorney
notified
in
subsection
4
,
and
the
victim,
if
the
victim’s
address
is
known.
______________________________
JAKE
CHAPMAN
President
of
the
Senate
______________________________
PAT
GRASSLEY
Speaker
of
the
House
I
hereby
certify
that
this
bill
originated
in
the
Senate
and
is
known
as
Senate
File
2363,
Eighty-ninth
General
Assembly.
______________________________
W.
CHARLES
SMITHSON
Secretary
of
the
Senate
Approved
_______________,
2022
______________________________
KIM
REYNOLDS
Governor
