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
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