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Adam Walsh Act Overview

Adam Walsh Act Overview. November 13, 2007. Adam Walsh Child Protection and Safety Act of 2006. Possible Implications to Iowa Law. Iowa Sex Offender Registry Number of Offender Registrations per County As of November1, 2007. Total # of Registrants: 6,080 Currently incarcerated: 685

geoffrey-kristian
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Adam Walsh Act Overview

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  1. Adam Walsh Act Overview November 13, 2007

  2. Adam Walsh Child Protectionand Safety Act of 2006 Possible Implications to Iowa Law

  3. Iowa Sex Offender Registry Number of Offender Registrations per County As of November1, 2007 Total # of Registrants: 6,080 Currently incarcerated: 685 Total # Out-of-State: 1,623 www.iowasexoffenders.com

  4. Adam Walsh ActPossible Implications to Iowa Law Numerous implications to Iowa law and until the final federal guidelines are released we will not know the entire impact of the Adam Walsh Act to Iowa law.

  5. Final Federal Guidelines • Waiting to Receive • Will provide guidance for any changes necessary • Guidelines provide minimum standards

  6. Adam Walsh Act • Title I, Sex Offender Registration & Notification Act • Title II, Federal Criminal Law Enhancements Needed to Protect Children From Sexual Attacks & Other Violent Crimes • Title III, Civil Commitment of Dangerous Sex Offenders • Title IV, Immigration Law Reforms to Prevent Sex Offenders From Abusing Children • Title V, Child Pornography Prevention • Title VI, Grants, Studies, & Programs for Children & Community Safety • Title VII, Internet Safety Act

  7. Declaration of Purpose • Identifies 17 Child Victims • Jetseta Gage, 10 Years Old • Kidnapped • Sexually Assaulted • Murdered • 2005 • Cedar Rapids, Iowa

  8. Section 103Establishment of Program This Act establishes: • Jacob Wetterling • Megan Nicole Kanka • Pam Lychner • Sex Offender Registration and Notification Program

  9. Retroactive This Act Makes Registration Law Retroactive to Include All Sex Offenders Including Convictions That Pre-date Enactment of this Act. No ex post facto problem – (Smith v. Doe, 538 U.S. 84 (2003))

  10. What is Not Addressed • Residency Restrictions • Event/Activity Restrictions

  11. Section 111Relevant Definitions, Including Amie Zyla Expansion of Sex Offender Definition and Expanded Inclusion of Child Predators • Add Definitions to Iowa Code: ( some examples) • Sex Offender • Tier I Sex Offender • Tier II Sex Offender • Tier III Sex Offender • Sex Offense • Criminal Offense • Specified Offense Against a Minor • Sex Offender Registry • Student • Employee • Resides

  12. Section 113Registration Requirements for Sex Offenders • Register in each of: Where offender resides Where offender is an employee Where offender is a student • Initial Registration: Register in jurisdiction where convicted if different from jurisdiction of residence

  13. Registration Requirements for Sex Offenders • No Waiving of All Juveniles • Offenses Involving Child Below the Age of 14

  14. Retroactivity • Previous Convictions • Gets in the Criminal Justice System • Conviction of Any Offense • Proactive Ability • Good Time

  15. Section 114( 1 of 9 )Information Required in Registration • Name & Any Alias Used • Internet Identifiers & Addresses (e-mail & designations used to rout or self-identification in Internet communications/postings) • Telephone Numbers • Social Security Number • Residence Address of Each One • “location of individual’s home or other place where the individual habitually lives”

  16. Section 114 ( 2 of 9 ) Information Required in Registration “Homeless” • City Park • Location(s) on the street • Where They Station Themselves • Shelters Where Person Circulates • Places Where Person Frequents • Information That Identifies Where

  17. Section 114( 3 of 9 ) Information Required in Registration • Temporary Lodging • Place Where Staying 7 or More Days • Place & Period of Time There • Travel & Immigration Documents (include copies of these documents )

  18. Section 114( 4 of 9 )Information Required in Registration • Employment Information Employer Name & Address Includes Volunteer Work • No Fixed Place of Employment Any Definiteness Information Normal Travel Routes General Area Where Works

  19. Section 114( 5 of 9 )Information Required in Registration • Professional Licenses Engage in an Occupation Carry Out a Trade or Business

  20. Section 114( 6 of 9 )Information Required in Registration • School Information Name of School Address of School Physical Presence

  21. Section 114( 7 of 9 )Information Required in Registration Vehicle Information • License Plate Number • Description • Owned or Operated • Regularly Drives, Personal/ Work • Watercraft & Aircraft (registration # ) • Where Habitually Parked, Docked, Kept

  22. Section 114( 8 of 9 )Information Required in Registration • Date Of Birth • Physical Description • Text of Registration Offense • Criminal History All Arrests/Convictions Status of Parole/Probation Registration Status Existence of Outstanding Warrants

  23. Section 114( 9 of 9 )Information Required in Registration • Current Photograph • Finger & Palm Prints • DNA Be Taken Has Been Taken (CODIS) • Drivers License or ID Card Photocopy

  24. Section 115Duration of Registration Requirement • 15 Years for Tier I • 25 Years for Tier II • Life of Offender for Tier III • Reduction of Period for Clean Record: Tier I - From 15 to 10 Years Tier III Adjudicated Delinquent – 25 Years

  25. Section 116Periodic In Person Verification Offender Shall Appear In Person: • Take Current Photograph • Verification of Information Verification method Verify Information • Tier I – Each Year • Tier II – Every Six (6) Months • Tier III – Every Three (3) Months

  26. Section 117Notify Sex Offenders of Requirements • Before Release From Custody • Immediately After Sentencing • Inform Them of Duties • Require to Read & Sign Form • Ensure Person is Registered

  27. Section 118 (1 of 2)Public Access to Sex Offender Information Through the Internet • Exemptions From Disclosure • Optional Exemptions • Links to Safety & Educational Resources • Manner to Correct Information if Person Contends it is Erroneous • Warning Information - Harass

  28. Section 118 (2 of 2)Public Access to Sex Offender Information Through the Internet • Exemptions: 1. Victim Identity 2. Social Security Number 3. Arrests Resulting No Conviction 4. Travel & Immigration Documents • Optional Exemptions: 1. Tier I Offense Other Than Offense Against a Minor 2. Name of Employer 3. Name of Educational Institution 4. Telephone, E-mail, Internet

  29. Section 121 ( 1 of 2 )Megan Nicole Kanka and Alexandra Nicole Zapp Community Notification Program • Shall Provide Information to: National Sex Offender Registry Law Enforcement School Public Housing Agency • In Each Area Where Person: Resides Is an Employee Is a Student

  30. Section 121( 2 of 2 )Megan Nicole Kanka and Alexandra Nicole Zapp Community Notification Program • Any Agency Responsible for Conducting Employment-related Backgrounds (under section 3, National Child Protection Act of 1993) • Social Service Agencies Protecting Minors in Child Welfare System • Volunteer Organizations (contact with minors or vulnerable persons) • Organization, Company or Individual Requesting Notification

  31. Section 122Actions To Be Taken When Sex Offender Fails To Comply • Revise Registry to Reflect Failure • Notify Appropriate LE Agencies • Take Appropriate Action to Ensure Compliance

  32. Section 124Period For Implementation By Jurisdictions • Implement This Act Before the Later of: 3 Years after the date of this act 1 Year After the date on which software in section 123 is available • Extensions: Two 1-year Extensions of Deadline

  33. Section 125Failure of Jurisdiction to Comply 1. Not Receive 10% Allocated for That Fiscal Year in Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3750 et seq. 2. No 10% Bonus (after July 2007) 3. No 5% Bonus (after July 2008)

  34. Section 128Registration of Sex Offenders Entering the United States • Notified When Someone Enters United States & Coming to Iowa • Information Comes From: Secretary of State Secretary of Homeland Security

  35. Section 151Access to NCIC Database • National Center for Missing & Exploited Children • Government Social Service Agencies Child Protection Responsibilities Investigating Reports of Child Abuse

  36. Section 155DNA Fingerprinting Federal Language Changed to Say: “Arrested, Facing Charges or Convicted”

  37. Other Sections of this Act There are Many Other Sections in This Act and This Overview Only Includes Some of the Sections That Directly Impact the Sex Offender Registry. This Entire Act can be Located in H.R. 4472. This Became Public Law 109-248.

  38. Section 146Possible Creation of an Iowa SMART Office(Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking) Coordinate Departments/Agencies Involved in: • Registering of Offenders • Public Notification • Public Education Programs • Criminal Justice Training/Education • Apprehension Efforts • Tracking Efforts • Monitoring Efforts • Examination of Sex Offender Issues

  39. Other Sections of this Act There are Many Other Sections in This Act and This Overview Only Includes Some of the Sections That Directly Impact the Sex Offender Registry. This Entire Act can be Located in H.R. 4472. This Became Public Law 109-248.

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