Adam Walsh Act Overview

November 13, 2007

Adam Walsh Child Protectionand Safety Act of 2006

Possible Implications to Iowa Law

Total # of Registrants: 6,080Currently incarcerated: 685Total # Out-of-State: 1,623

Iowa Sex Offender Registry

Number of Offender Registrations per CountyAs of November1, 2007

www.iowasexoffenders.com

Adam Walsh Act

Possible 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.

Final Federal Guidelines

• Waiting to Receive

• Will provide guidance for any changes

necessary

• Guidelines provide minimum standards

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

Declaration of Purpose• Identifies 17 Child Victims

• Jetseta Gage, 10 Years Old

• Kidnapped

• Sexually Assaulted

• Murdered

• 2005

• Cedar Rapids, Iowa

Section 103

Establishment of Program

This Act establishes:

• Jacob Wetterling

• Megan Nicole Kanka

• Pam Lychner

• Sex Offender Registration and Notification Program

RetroactiveThis 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))

What is Not Addressed

• Residency Restrictions

• Event/Activity Restrictions

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

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

Registration Requirements for Sex Offenders

• No Waiving of All Juveniles

• Offenses Involving Child

Below the Age of 14

Retroactivity

• Previous Convictions

• Gets in the Criminal Justice System

• Conviction of Any Offense

• Proactive Ability

• Good Time

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”

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

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 )

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

Section 114 ( 5 of 9 )

Information Required in Registration

• Professional Licenses

Engage in an Occupation

Carry Out a Trade or Business

Section 114 ( 6 of 9 )

Information Required in Registration

• School Information

Name of School

Address of School

Physical Presence

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

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

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

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

Section 116

Periodic In Person VerificationOffender 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

Section 117

Notify Sex Offenders of Requirements

• Before Release From Custody

• Immediately After Sentencing

1. Inform Them of Duties

2. Require to Read & Sign Form

3. Ensure Person is Registered

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

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

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

• 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

Section 121 ( 2 of 2 )

Megan Nicole Kanka and Alexandra Nicole Zapp Community Notification Program

Section 122

Actions To Be Taken When Sex Offender Fails To Comply

• Revise Registry to Reflect Failure

• Notify Appropriate LE Agencies

• Take Appropriate Action to Ensure

Compliance

Section 124

Period 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

Section 125

Failure 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)

Section 128

Registration 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

Section 151Access to NCIC Database

• National Center for Missing & Exploited

Children

• Government Social Service Agencies

Child Protection Responsibilities

Investigating Reports of Child Abuse

Section 155

DNA Fingerprinting

Federal Language Changed to Say:

“Arrested, Facing Charges or Convicted”

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.

Other Sections of this Act

Section 146

Possible 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

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.

Other Sections of this Act