IA- Sex offender classification under way

7-16-2009 Iowa:

Technology specialists are reviewing the profiles of about 5,000 Iowans on the state's sex offender registry as part of a new law that attempts to more closely monitor the most dangerous offenders.

James Saunders, assistant director for the Iowa Division of Criminal Investigation said work is well under way and could be completed in about a month. Beginning July 1, people with a sexual offense in their history were to be classified into three tiers.

Tier 3 designation is reserved for the most serious offenses. Offenders who are convicted of sex abuse in the first degree, sex abuse in the second degree or sex abuse in the third degree still must comply with the residency requirements under previous Iowa laws.

The previous "2,000-foot rule" excluded all sex offenders from living in family-sensitive areas. Critics of the policy said it drove some Iowans with convictions to lie about their whereabouts instead of complying with the law. New laws focus on where convicted offenders frequent, instead of where they sleep.

"We'll let them know if this offender would be bound by the 2,000-foot rule and exclusionary zones that are part of the new law, Saunders said. "What we always tell people, with respect to the sex offender registry Web site, is: It's a tool for them to make informed decisions about the safety and welfare of their families."

Tier 3 offenders have to avoid additional exclusionary zones that prevent loitering in areas where children are present. Arcades, libraries and public swimming pools are a few examples.

"Offenders are not going to loiter in those areas," Saunders said. "What that means, is if they are deemed to be loitering -- which is defined by the code as engaging in activity that would lead a reasonable person to believe that they're trying to identify locations or actually identify potential victims -- then they're loitering. That's going to be a problem. They're won't be able to be within 300 feet of those areas."

Offenders could still go to the state park, a little league game or a family reunion where children are present as long as they have a legitimate purpose to be there. They need permission from school principals to enter school property and to attend specific events.

Anyone age 14 and older who is convicted of sexual abuse would warrant tier 3 classification. The new law allows what's called a "Romeo and Juliet" exception, which lessens restrictions in situations where an 18-year-old had consensual sex with a 16-year-old.

"They won't be bound by that 2,000-foot rule," Saunders said.

Murder, manslaughter, burglaries, attempted burglaries and assaults with the intent to commit sexual abuse also warrant tier 3 status.

A conviction for criminal transmission of HIV is tier 3. Anyone with a tier 2 conviction who commits a second tier 2 offense would be elevated to tier 3. They must report to a sheriff, in person, every three months.

Crimes that warrant a more moderate tier 2 designation include lascivious acts with a child or an in-person attempt to lure a minor into sexual contact. False imprisonment or the transport of a minor by a non-parent for sexual activity also falls into tier 2.

People convicted of incest or creating child pornography will be placed in tier 2. So would counselors, therapists or school employees who have sexual contact with children 13 and under.

Offenders with tier 2 designation must check in with the relevant county sheriffs every six months. A person who has a tier 1 conviction, then re-offends, would be moved up a classification.

Under the new regulations, tier 1 offenders would update information with their county sheriff or sheriffs annually.

It is designated for the least serious sex offenses. Examples include indecent exposure and making pornography available to minors. Anyone who used their computer to mislead a minor for sexual conduct with a false identity would also fall into tier 1.

Some sexually-motivated forms of stalking or harassment could also warrant tier 1 registry status.

Minors age 13 and under who are convicted of second-degree or third-degree sexual assault would also receive tier 1 designation.

"It's pretty specific in the code as to what tiers an offender would fall in based on what they are convicted of," Saunders said. "What we're doing currently is going through all of those records -- roughly 5,000 offenders -- and we're in the process of putting them in their appropriate tiers."

Under another change, an offender has five days to report and register in the county of jurisdiction if they are working in a county that's different than where they reside.

Likewise, offenders who live in Clay County, but go to school outside of the county, would also have to register in both counties.

"If you have an offender who is registered in Clay County, but they've got a job up in Dickinson County, they're now going to have to also register with the Dickinson County Sheriff's Office because they are now employed in Dickinson County," Saunders said.

Sex offenders would be prohibited from specific kinds of employment if the victim was a minor including jobs at fairs, schools, arcades, or carnivals. No volunteer activities involving youth would be allowed.

If the sheriff's office feels an offender should report more frequently, the law allows the sheriff's office to require that offender to report more frequently, Saunders said, of another change.

"We're working through that process now," Saunders said. "We're getting all of the offenders in their appropriate tiers and then we'll make notification to those offenders, with respect to what their requirements are. Worst case scenario, those that are in the tier 3 category -- they won't be required to do their first quarterly report until September. But we're hoping to get that done in the next 30 days, and then let them know." ..Source.. by Russ Mitchell, Daily Reporter Staff