Bills › 89th General Assembly
HSB 88
Where it is now
- Done: IntroducedJanuary 20, 2021
- Done: SubcommitteeJanuary 20, 2021
- Done: House committeeFebruary 11, 2021
- Done: Passes the HouseFebruary 17, 202184–12
- Stopped: Senate committeeDied when the General Assembly ended
- Next: Passes the Senate
- Next: To the Governor
- Next: Signed into law
Died when the session ended The 2022 session adjourned on May 24, 2022, the General Assembly’s last regular session. Bills that didn’t pass both chambers died. What’s a funnel?
What’s in it
AI summary People on the sex offender registry can now apply to change their registration requirements even if they are not currently on probation or parole. The new rules change how many years someone must be registered before asking for a change and remove the requirement for a formal risk assessment. Instead, a court can grant a modification if the person has successfully completed their supervised release and meets certain rules about their criminal history.1
Read the official explanation
This bill changes the requirements for a sex offender to be granted a modification of the sex offender registry requirements. Under current law, a sex offender must be on probation, parole, work release, special sentence, or any other type of conditional release to file an application for a modification. The bill allows any sex offender on the Iowa sex offender registry to file an application for a modification. Under current law, a sex offender will only be granted a modification by a court if 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. 4(1)(b)(3)(d), who must have initially registered at least five years prior to the filing of the application. A tier II or tier III offender must have initially registered at least years prior to the filing of the application. Under current law, a risk assessment approved by the department of corrections must be completed and an offender must be classified as a low risk to reoffend in order to be granted a modification. The bill strikes this requirement and allows a court to grant a modification if the offender has successfully completed any period of probation, parole, special sentence, or other supervised release for the offense requiring registration. The bill provides that a tier I offender must not have been convicted of any criminal offenses other than simple misdemeanor violations of Code chapter 321 or local traffic ordinances for the 10-year period immediately preceding the filing of the application in order to be granted a modification. The bill provides that a tier II or tier III offender must not have been convicted of any criminal offenses other than simple misdemeanor violations of Code chapter 321 or local traffic ordinances for the 25-year period immediately preceding the filing of the application and must have been initially required to register as a result of an adjudication for a sex offense in juvenile court in order to be granted a modification. The bill allows a court to reduce the period in which a sex offender is required to register. The bill strikes current law allowing a sex offender to 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. _____ Under current law, the director of the judicial district department of correctional services supervising the sex offender, or the director’s designee, must stipulate to the modification. The bill strikes this requirement.
House subcommittee
Named January 20, 2021. On January 21, 2021 it recommended passage.
Three legislators hear a bill first and recommend what the committee should do; it’s the best time to weigh in. How to take part
Fiscal note
AI summary This bill changes the requirements and processes for sex offenders to apply for modifications to their registration status. By aligning state law with federal standards, the Department of Public Safety may avoid a penalty and receive up to $100,000 in additional federal Byrne-JAG grant funding annually, though this funding is not guaranteed. The Department of Corrections estimates that the bill could reduce the number of registration violations, but the exact impact on operating costs cannot be determined.3
Read the fiscal note
Description
House File 489 makes several changes to the requirements for a sex offender to be granted a modification of the requirements of the Sex Offender Registry pursuant to Iowa Code chapter 692A. The Bill proposes that any sex offender, regardless of status, be allowed to file an application for modification. For a Tier I sex offender, existing requirements for the application of a registry modification are amended to state that the offender must have initially registered at least 10 years prior to the filing of an application. If the Tier I offender was 20 years of age at the time the offender committed sexual abuse in the third degree and the parties involved are not cohabitating and the offender is four or more years older than the other party, the offender must have registered at least five years prior to applying for a modification. A Tier II or Tier III sex offender must have initially registered at least 25 years prior to the filing of the application and must have been initially required to register as a result of an adjudication for a sex offense in juvenile court in order to be granted a modification.
House File 489 strikes the existing stipulation that the Department of Corrections (DOC) must complete a risk assessment on the offender prior to the modification, and that such an assessment must characterize the offender as a low risk to reoffend. The Bill allows a court to grant a modification, including reducing the period of time under which an offender must remain registered, if the offender has successfully completed any period of probation, parole, special sentence, or other supervised release. Additionally, HF 489 provides that a Tier I offender must not have been convicted of any criminal offense other than a simple misdemeanor under Iowa Code chapter 321, or any violations of local traffic ordinance in the 10 years immediately prior to applying for a modification. A Tier II or Tier III offender must not have been convicted of any other criminal offense than a simple misdemeanor under Iowa Code chapter 321, or any violations of local traffic ordinances in 25 years immediately prior to the application for modification. House File 489 also strikes the requirement that the director of the judicial district (or designee) who currently supervises the offender must also stipulate to the modification.
Background
Under current law, a sex offender who is on probation, parole, work release, serving a special sentence, or in any type of conditional release may file an application to request a modification of the registration requirements, which means removal from the registry. Prior to the granting of such a request, the following conditions must be met:
- The offense which led to the registry requirement occurred at least two years prior to the modification application for a Tier I offender, or five years prior to the modification application of a Tier II or III offender.
- The offender must have successfully completed all required sex offender treatment programs.
- The DOC must complete a valid risk assessment of the offender, and the offender must be determined to be at a low risk of reoffending.
- The offender may not be incarcerated at the time of filing the application.
- The director of the judicial district (or designee) who currently supervises the offender must also stipulate to the modification.
Assumptions
It is assumed that for each year that the State does not fully implement the provisions of the federal Sex Offender Registration and Notification Act (SORNA), a penalty of 10.0% reduction of Byrne-JAG grant funding will apply on an annual basis until the State fully complies.
Fiscal Impact
House File 489 would allow the Department of Public Safety (DPS) to fully implement the federal SORNA, also known as Title I of the federal Adam Walsh Child Protection and Safety Act of 2006. By allowing State law to fully mirror federal law, the DPS would successfully avoid being penalized with 10.0% reduction of the State’s Byrne-JAG federal grant funding. The DPS estimates that avoiding this penalty may result in additional federal Byrne-JAG grant funding up to $100,000 annually; however, funding is not guaranteed.
Additionally, the DOC estimates that the enactment of HF 489 would likely reduce the number of sex offender registration violations received by the Department in the future. However, the extent of those violation reductions and subsequent decreases in Department operating costs cannot be determined.
Sources
- Legislative Services Agency
- Department of Corrections
- Department of Public Safety
- Sex Offender Registry · February 15, 2021 · $100,000
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Tried before
89th General Assembly
Earlier and later bills are matched by wording or an identical title.
Tried before
This idea has been filed in an earlier General Assembly. None got through a chamber.
- HF 2414 Relating to the requirements for a sex offender to be granted a modification of sex offend…88th General Assembly · Approved by committee · same titleCleared committee
Similar bills this General Assembly
- HF 2161 Relating to the requirements for a sex offender to be granted a modification of sex offend…89th General Assembly · WithdrawnNearly identical
Matched by wording or an identical title.