Fifth Judicial District - Department of Correctional Services

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TITLE: Sotp Registry And Risk Assessment

POLICY

Pursuant to Iowa Code Section 692A, a sex offender registration process is established for all offenders under supervision on or after July 1, 1995, and a risk assessment process is established for all offenders under supervision on or after July 1, 1998.

APPLICABLE OFFENSES:

A conviction for any of the following offenses requires registration and a risk assessment be performed on the offender upon placement under community supervision:

  1. Offenses Involving a Minor:
    CRIME CODEDESCRIPTION
    708.11(3)(b)(3)Stalking a Minor
    709.2Sex Abuse First Degree (Minor)
    709.3Sex Abuse Second Degree (Minor)
    709.3(2)Sex Abuse Second Degree of a Child Under 12 Years of Age
    709.4Sex Abuse Third Degree (Minor)
    709.4(2)(b)Sex Abuse Third Degree of a Child 12 or 13 Years of Age
    709.4(2)(c)Sex Abuse Third Degree of a Child
    709.7Detention in Brothel (Minor)
    709.8(1)-(2)Lascivious Acts with a Child
    709.8(3)Lascivious Acts with a Child (Solicit Sex Act)
    709.8(4)Lascivious Acts with a Child (Inflict Pain or Discomfort)
    709.9Indecent Exposure
    709.11Assault with Intent to Commit Sexual Abuse
    709.12Indecent Contact with a Child
    709.14Lascivious Conduct with a Minor
    709.15(1)(f)(1)-(2)-(3)Sexual Exploitation (of a Minor) by Counselor or Therapist
    709.16Sexual Misconduct with Offenders (who are Minors)
    709A.6Using a Juvenile to Commit Certain Offenses (i.e., Prostitution)
    710.2Kidnapping First Degree (Minor)
    710.3Kidnapping Second Degree (Minor)
    710.4Kidnapping Third Degree (Minor, if committed by someone other than a parent)
    710.7False Imprisonment (Minor, if committed by someone other than a parent)
    710.10(1)-(2)Enticing Away a Child or Attempt, with Intent to Commit an Illegal Act, Upon the Child
    725.3(2)Pandering (Involving Minors)
    726.2Incest (Minor)
    728.2Dissemination and Exhibition of Obscene Material to Minors
    728.3Admitting Minors to Premises where Obscene Materials are Exhibited
    728.12(2)(3)Sexual Exploitation of a Minor
  2. Sexually Violent Offenses:
    CRIME CODEDESCRIPTION
    709.1Sex Abuse
    709.11Assault with Intent to Commit Sexual Abuse
    709.7Sexual Misconduct with Offenders
    *707.2Murder First Degree
    *707.3Murder Second Degree
    *707.4Voluntary Manslaughter
    *707.5Involuntary Manslaughter
    *710.1Kidnapping (Defined)
    *710.2Kidnapping First Degree
    *710.3Kidnapping Second Degree
    *710.4Kidnapping Third Degree
    *710.7False Imprisonment (Minor, if committed by someone other than a parent)
    *710.11Attempted Murder
    *713.1Burglary (Defined)
    *713.3Burglary First Degree
    *713.5Burglary Second Degree
    *713.6Burglary Third Degree

    *These offenses will be identified on a case by case basis and only apply when the case involves sex abuse or attempted sex abuse. The Sex Offender Registry Program shall be contacted for assistance if there is any question or doubt concerning registration or risk assessment for a case.

  3. Sexual Exploitation:
    CRIME CODEDESCRIPTION
    709.15Sexual Exploitation by a Counselor or Therapist
  4. Other Relevant Offenses Including by not Limited to:
    CRIME CODEDESCRIPTION
    728.15Telephone Dissemination of Obscene Materials
    728.4Rental or Sale of Hard Core Pornography
    709.9Indecent Exposure
  5. A criminal offense committed within another jurisdiction which would constitute an indictable offense under Sections "1" through "4" if committed in this State.
  6. Other offenses may apply due to circumstances of the offense. Sex offender registration and risk assessment will also apply to Corrections Compact cases both to and from Iowa. Any case which may be in doubt or questionable shall be referred to the Sex offender Registry Program, Division of Criminal Investigation for assistance.

PROCEDURE

  1. Upon receipt of a case, SOTP staff shall determine if the offender is required to register, and is so, shall verify that the registration was completed. All offenders not properly registered shall be referred to the Sheriff's Department in the offender's County of Residence for registration. Offenders who fail to properly register shall be referred to the Iowa Division of Criminal Investigation for further action.

    Note: Offenders who refuse or fail to properly register are considered to be in violation of the terms and conditions of their supervision requirements and shall be reported to the Court or Iowa Board of Parole with a hearing requested.

  2. Within forty-five (45) days of receipt of the case and no later than forty-five (45) days prior to the anticipated release, SOTP staff shall complete an Iowa Sex Offender Risk Assessment and Iowa Sex offender Face Sheet on offenders as required above.
    1. The Risk Assessment includes two (2) components for determination of the level of risk for community notification purposes;
      1. The assessed individual is Low Risk to the community.
      2. The assessed individual is At Risk to the community.
    2. The Iowa Sex Offender Risk Assessment forms shall be completed in ink and detailed justifications shall be documented on each item for future reference.
    3. Iowa Sex Offender Risk Assessments and Face Sheets shall be forwarded to:
      • Iowa Division of Criminal Investigation
      • Attn: Iowa Sex Offender Registry
      • Wallace State Office Building
      • Des Moines, IA 50319
    4. Iowa Sex Offender Risk Assessments shall be used, in conjunction with all other assessment information, to make treatment and supervision decisions.
    5. All persons conducting sex offender risk assessment will complete training conducted by the Division of Criminal Investigation, the Department of Corrections and the Department of Human Services.
  3. A completed "Iowa Sex Offender Risk Assessment" shall be maintained in every sex offender file.
  4. Iowa Sex Offender Registration and Risk Assessment information is confidential. Requests for information from other criminal justice agencies or law enforcement agencies may be released fro official use only. Public requests shall be referred to the Iowa Sex Offender Registry office.
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