Transcript Adam Walsh Child Protection and Safety Act of 2006

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
Total # Out-of-State: 1,623
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
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))
What is Not Addressed
• Residency Restrictions
• Event/Activity Restrictions
Section 111
Relevant Definitions, Including Amie Zyla Expansion of Sex Offender
Definition and Expanded Inclusion of Child Predators
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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 113
Registration 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
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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 115
Duration 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 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
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
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
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 151
Access 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”
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.
Section 146
Possible Creation of an Iowa SMART Office
(Sex Offender Sentencing, Monitoring, Apprehending, Registering, and Tracking)
Coordinate Departments/Agencies Involved in:
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Registering of Offenders
Public Notification
Public Education Programs
Criminal Justice Training/Education
Apprehension Efforts
Tracking Efforts
Monitoring Efforts
Examination of Sex Offender Issues
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.