692A.128 Modification. 1. A sex offender may file an application in district court seeking to modify the registration requirements under this chapter. 2. For an offender whose requirement to register as a sex offender commenced prior to July 1, 2022, an application shall not be granted unless all of the following apply: a. The date of the commencement of the requirement to register occurred at least two years prior to the filing of the application for a tier I offender and five years prior to the filingof the application for a tier II or tier III offender. b. The sex offender has successfully completed all sex offender treatment programs that have been required. c. A risk assessment has been completed and the sex offender was classified as a low risk to reoffend. The risk assessment used to assess an offender as a low risk to reoffend shall bea validated risk assessment approved by the department of corrections. d. The sex offender is not incarcerated when the application is filed.e. The director of the judicial district department of correctional services supervising the sex offender, or the director’s designee, stipulates to the modification, and a certified copy ofthe filed.e. The director of the judicial district department of correctional services supervising the sex offender, or the director’s designee, stipulates to the modification, and a certified copy ofthe stipulation is attached to the application. 3. For an offender whose requirement to register as a sex offender commenced on or after July 1, 2022, an application shall not be granted unless all of the following apply: a. A period of time has elapsed since the offender’s initial registration as follows:(1) (a) Except as otherwise provided in subparagraph division (b), a tier I offender initially registered at least ten years prior to the filing of the application. (b) A tier I offender who was under twenty years of age at the time the offender committed a violation of section 709.4, subsection 1, paragraph 'b', subparagraph (2), subparagraphdivision (d), initially registered at least five years prior to the filing of the application. (2) A tier II or tier III offender initially registered at least fifteen years prior to the filing of the application. b. The sex offender has successfully completed all sex offender treatment programs that have been required. c. nder initially registered at least fifteen years prior to the filing of the application. b. The sex offender has successfully completed all sex offender treatment programs that have been required. c. A risk assessment has been completed and the sex offender was classified as a low risk to reoffend. The risk assessment used to assess an offender as a low risk to reoffend shall bea validated risk assessment approved by the department of corrections. d. The sex offender has successfully completed any pretrial release, probation, parole, or work release for the offense requiring registration. e. The director of the judicial district department of correctional services supervising the sex offender, or the director’s designee, stipulates to the modification, and a certified copy ofthe stipulation is attached to the application. f. The sex offender is not incarcerated when the application is filed. g. A tier I offender must not have been convicted of any criminal offense other than a simple misdemeanor, or a simple or serious misdemeanor or traffic violation under chapter321, for the ten-year period immediately preceding the filing of the application. h. inal offense other than a simple misdemeanor, or a simple or serious misdemeanor or traffic violation under chapter321, for the ten-year period immediately preceding the filing of the application. h. A tier II or tier III offender shall not have been convicted of any criminal offense other than a simple misdemeanor, or a simple or serious misdemeanor or traffic violation underchapter 321, for the fifteen-year period immediately preceding the filing of the application. 4. The application shall be filed in the sex offender’s county of principal residence.5. Notice of any application shall be provided to the county attorney of the county of the sex offender’s principal residence, the county attorney of any county in this state wherea conviction requiring the sex offender’s registration occurred, and the department. Thecounty attorney where the conviction occurred shall notify the victim of an application if thevictim’s address is known. 6. The court may, but is not required to, conduct a hearing on the application to hear any evidence deemed appropriate by the court. The court may modify the registration requirements under this chapter by reducing the registration period. 7. onduct a hearing on the application to hear any evidence deemed appropriate by the court. The court may modify the registration requirements under this chapter by reducing the registration period. 7. If the court modifies the registration requirements under this chapter, the court shall send a copy of the order to the department, the sheriff of the county of the sex offender’s Sat Dec 23 12:27:13 2023 Iowa Code 2024, Section 692A.128 (19, 1) §692A.128, SEX OFFENDER REGISTRY 2 principal residence, any county attorney notified in subsection 4, and the victim, if the victim’saddress is known. 2009 Acts, ch 119, §28; 2022 Acts, ch 1063, §1; 2023 Acts, ch 64, §99; 2023 Acts, ch 66, §149, 150 Referred to in §692A.106Subsection 2, paragraph a amendedSubsection 3, paragraph f amendedSubsection 3, NEW paragraphs g and h Sat Dec 23 12:27:13 2023 Iowa Code 2024, Section 692A.128 (19, 1)
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