IA- Library considers sex offender law impact

The latest in idiot written laws. Tell me an idiot didn't write this law!

6-16-2009 Iowa:

City Attorney Don Hemphill assured Spencer Public Library board members recently that only four sentences in a new state law apply to city and county libraries. He also deemed the potential impact of the 32-page act signed by the Gov. Chet Culver -- which lists prohibitions that apply only to individuals who've been convicted of a sex offense against a minor -- on the library as being "very minimal."

As of Monday evening, there were 19 sex offenders on the online Iowa Sex Offender Registry listed as living in Clay County. In the surrounding counties, there were 39 in Buena Vista, 59 in Cherokee, 12 in Dickinson, 13 in Emmet, 22 in O'Brien, 11 in Osceola, five in Palo Alto and eight sex offenders listed as living in Pocahontas County.

"First, I should emphasize there are two kinds of sex offenders for purposes of our consideration: Those who have committed an offense against a minor, that's a person under 18, and those whose victims were adults. Only those whose victims were minors are subject to the prohibition," Hemphill clarified. "Sex offenders whose victims weren't minors can come in and use the library like everybody else. But, sex offenders who have committed offense against a minor are banned from library property or from loitering from within 300 feet of the library property. However, the statue specifically provides that these offenders may live within 300 feet of the library. So, they can live next door in the new middle school."

Hemphill also explained there are two technical exemptions cited in this prohibition: Released offenders are authorized to come to a library to drop off their child. They may also be allowed in a library for voting purposes.

Hemphill then informed Spencer Public Library Director Kay Larson and library board members, "You don't have to enforce this law. You don't have to prepare a listing of these offenders and make sure they never set foot in the library. The standard is like any other person in the library: If somebody is acting in a way that causes you concern or suspicion, then you probably have a duty, as a reasonable person, to make some investigation. But, no, you don't have law enforcement authority or affirmative duty to try to list all these people."

As board members discussed the new law and whether they should develop a policy relating to it, the city attorney indicated there are a few existing policies they may want to consider.

"They can be on the premises with the approval of the library administrator. So, you need to think about under what circumstances, if any, should Kay authorize one of these persons to be on the library premises. I saw a suggestion that that would have to be a board decision. You could take the other extreme and leave it up to Kay to do whatever she wants," Hemphill told board members.

He continued, "The latest questions are: Are we going to serve these people even if they can't come to the library? Can they get a card? Can somebody come and get those materials for them?"

"I suppose there could be a criteria that they could come for the purpose of getting a card. Maybe they'd only come at 9 a.m., when children wouldn't be present," Hemphill answered. Or, convicted sex offenders whose victims were minors might make arrangements to visit a library while being supervised by a law enforcement official, one board member added for the sake of discussion.

The library's director then explained that individuals wanting a Spencer Public Library card can only apply for one on site. Online applications, which are "the trend in libraries," are not done locally, Larson said.

Board members directed her to crosscheck the online Iowa Sex Offender Registry registrant listings for the surrounding area with the library's current database. Larson was also told to invalidate their library cards, denying them this certain class of library service.

"I don't think that would take too much time and I think it would give our staff, if nothing else, peace of mind that we've blocked these people from just coming in here arbitrarily," she said.

While board members agreed with Spencer Public Library staff that homebound deliveries would not be allowed, it was clarified that they would be able to access the library's Wilbor and EbscoHost systems. The online systems allow users to download audiobooks and to access full-text articles from magazines, scientific journals, newspapers and reference books.

"And, if any of those offenders have this urgent need for checking out a book, surely there'd be a friend or associate who could use their card to do that to pick up a book for them (at the library)," board member Roger Littlefield said. ..Source.. by Kris Todd, Daily Reporter Staff