692A.109 Duty to facilitate registration. 1. When a sex offender is released from incarceration from a jail, prison, juvenile facility, or other correctional institution or facility, or when the offender is convicted but notincarcerated, the sheriff, warden, or superintendent of a facility or, in the case of releasefrom foster care or residential treatment or conviction without incarceration, the court shalldo the following prior to release or sentencing of the convicted offender: a. Obtain all relevant information from the sex offender. Additional information for a sex offender required to register as a sexually violent predator shall include but not belimited to other identifying factors, anticipated future places of residence, offense history,and documentation of any treatment received by the person for a mental abnormality orpersonality disorder. b. Inform the sex offender of the duty to register under this chapter and SORNA and ensure registration forms are completed and signed. c. Inform the sex offender that, within five business days of changing a residence, employment, or attendance as a student, an appearance is required before the sheriff in thecounty where the change c. Inform the sex offender that, within five business days of changing a residence, employment, or attendance as a student, an appearance is required before the sheriff in thecounty where the change occurred. d. Inform the sex offender that, within five business days of a change in relevant information other than a change of residence, employment, or attendance as a student,the sex offender shall notify, in a manner prescribed by rule, the sheriff of the county ofprincipal residence of the change. e. Inform the sex offender that if the offender establishes residence in another jurisdiction, or becomes employed, or becomes a student in another jurisdiction, the offender must reportthe offender’s new residence, employment, or attendance as a student, to the sheriff’s office inthe county of the offender’s principal residence within five business days, and that, if the otherjurisdiction has a registration requirement, the offender shall also be required to register insuch jurisdiction. f. Require the sex offender to read and sign a form stating that the duty of the offender to register under this chapter has been explained and the offender understands the registrationrequirement. . f. Require the sex offender to read and sign a form stating that the duty of the offender to register under this chapter has been explained and the offender understands the registrationrequirement. If the sex offender cannot read, is unable to write, or refuses to cooperate, theduty and the form shall be explained orally and a written record shall be maintained by thesheriff, warden, superintendent of a facility, or court explaining the duty and the form. g. Inform the sex offender who was convicted of a sex offense against a minor of the prohibitions established under section 692A.113 by providing the offender with a writtencopy of section 692A.113 and relevant definitions of section 692A.101. h. Inform the sex offender who was convicted of an aggravated offense against a minor of the prohibitions established under section 692A.114 by providing the offender with a writtencopy of section 692A.114 and relevant definitions of section 692A.101. i. Inform the sex offender that the offender must submit to being photographed by the sheriff of any county in which the offender is required to register upon initial registrationand during any appearance to verify relevant information offender must submit to being photographed by the sheriff of any county in which the offender is required to register upon initial registrationand during any appearance to verify relevant information required under this chapter. j. Inform the sex offender that any violation of this chapter may result in state or federal prosecution. 2. a. When a sex offender is released from incarceration from a jail, prison, juvenile facility, or other correctional institution or facility, or when the offender is convicted butnot incarcerated, the sheriff, warden, superintendent of a facility, or court shall verify thatthe person has completed initial or subsequent registration forms, and accept the forms onbehalf of the sheriff of the county of registration. The sheriff, warden, superintendent ofa facility, or the court shall send the initial or subsequent registration information to thedepartment within five business days of completion of the registration. Probation, parole,work release, or any other form of release after conviction shall not be granted unless theoffender has registered as required under this chapter. b. completion of the registration. Probation, parole,work release, or any other form of release after conviction shall not be granted unless theoffender has registered as required under this chapter. b. If the sex offender refuses to register, the sheriff, warden, superintendent of a facility, or court shall notify within five business days the county attorney in the county in whichthe offender was convicted or, if the offender no longer resides in that county, in the countyin which the offender resides of the refusal to register. The county attorney shall bring acontempt of court action against the sex offender in the county in which the offender was Sat Dec 23 12:27:04 2023 Iowa Code 2024, Section 692A.109 (18, 0) §692A.109, SEX OFFENDER REGISTRY 2 convicted or, if the offender no longer resides in that county, in the county in which theoffender resides. A sex offender who refuses to register shall be held in contempt and may beincarcerated pursuant to the provisions of chapter 665 following the entry of judgment by thecourt on the contempt action until the offender complies with the registration requirements. 3. and may beincarcerated pursuant to the provisions of chapter 665 following the entry of judgment by thecourt on the contempt action until the offender complies with the registration requirements. 3. The sheriff, warden, or superintendent of a facility, or if the sex offender is placed on probation, the court shall forward one copy of the registration information to the departmentand to the sheriff of the county in which the principal residence is established within fivebusiness days after completion of the registration. 4. The court may order an appropriate law enforcement agency or the county attorney to assist the court in performing the requirements of subsection 1 or 2. 2009 Acts, ch 119, §9Referred to in §692A.104 Sat Dec 23 12:27:04 2023 Iowa Code 2024, Section 692A.109 (18, 0)
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