Iowa Code r. 661-83.3 - Forms and procedures
The following forms and procedures are prescribed for use with the Iowa sex offender registry. Supplies of these forms may be obtained by contacting the Iowa sex offender registry at the division of criminal investigation.
(1)
Notification. Form DCI-144, Notification of Registration
Requirement, which notifies offenders of their duty to register with the Iowa
sex offender registry, shall be provided, in printed form or electronically, to
persons identified as being required to register. Failure to provide offenders
with Form DCI-144 does not relieve offenders of their duty to register with the
Iowa sex offender registry.
(2)
Registration.
a. Form DCI-145
or Form DCI-144R, Sex Offender Registration, shall be completed, as required by
Iowa Code section 692A.104, on behalf of each
offender and submitted, in printed or electronic form, to the sheriff of each
county in which the offender will be residing, employed, or attending classes
and to the division of criminal investigation, in order to satisfy the
registration requirements of the Iowa sex offender registry. This form shall
also be completed on behalf of each offender and submitted to the sheriff of
any county in which the offender will be a student, be employed, or be engaged
in a vocation on a full-time or part-time basis, in order to satisfy the
registration requirements.
b. Form
DCI-145, or information stored by the division of criminal investigation, shall
be used to report changes of residence, telephone number, name of registrant,
or change in status as a student, employee, or practicing a vocation at an
institution of higher education. A completed copy of Form DCI-145 shall be
submitted by the registrant to the sheriff of any county of residence each time
the registrant's relevant information changes. A completed copy of Form DCI-145
shall be submitted by the registrant to the sheriff of the county in which the
registrant is a student, an employee, or practicing a vocation on a full-time
or part-time basis at an institution of higher education within five days of
the registrant's becoming a student, an employee, or engaged in a vocation at
the institution of higher education. The original of each completed Form
DCI-145 shall be forwarded to the division of criminal investigation by the
registering agency within three days of receiving the completed form.
(1) If any place of residence of a registrant
changes from one county to another, the registrant shall submit copies, in
printed or electronic form, of completed Form DCI-145 reporting the change of
residence to the sheriff of the prior county of residence and the sheriff of
the new county of residence. The sheriff of the new county of residence shall
be responsible for transmitting a copy of completed Form DCI-145 to the Iowa
sex offender registry.
(2) When the
department receives notification that a registrant has changed residence to a
location outside of Iowa, the department shall notify the registering state
agency in the registrant's new state of residence of the registrant's name, new
address, and telephone number. Upon notification of the appropriate
out-of-state agency, the department shall remove the registrant from the active
registry, unless the registrant continues to maintain a residence or place of
employment in Iowa or attends school in Iowa. The registrant shall not be
required to submit periodic verifications of address while not on the active
registry. The department shall maintain the registrant's file in the event the
registrant establishes a residence in Iowa or becomes a student, an employee,
or practices a vocation at an institution of higher education in Iowa in the
future. The department may also maintain the file for any other
purpose.
c. Upon any
submission of Form DCI-145, the form shall be accompanied by current
photographs and fingerprints of the offender.
d. A list of all registrants within a county
may be provided by the division of criminal investigation to the county
sheriff.
(3)
Periodic verification. A registrant shall appear personally in
the office of the sheriff of the county or counties of principal residence
periodically as required by Iowa Code section
692A.108 to verify relevant
information. A tier I offender shall appear annually, or more frequently if
required by the sheriff; a tier II offender shall appear every six months, or
more frequently if required by the sheriff; and a tier III offender shall
appear every three months, or more frequently if required by the sheriff. Form
DCI-146R, Periodic Verification Notification Form, shall be mailed by the
division of criminal investigation to each registrant at the last address known
to the registry at least 30 days prior to each required appearance. The
registrant shall appear between the first and last day of the verification
month. Form DCI-146R shall clearly state that it is to be returned to the
division of criminal investigation if the addressee no longer resides at the
address indicated and that Iowa law prohibits its being forwarded.
a. Each registrant shall report to the
sheriff of the county of principal residence of the registrant. The sheriff
shall take a current photograph of the registrant and shall submit the
photograph to the registry.
b. The
sheriff of any county of residence of a registrant may, at any time, instruct
the registrant to report to the sheriff's office for the purpose of the taking
of a current photograph. Such instructions shall be mailed to the registrant at
the registrant's current address of registration. The registrant shall report
to the sheriff's office within ten days of receiving such instructions. The
sheriff shall submit the current photograph of the registrant to the
registry.
(4)
Updating relevant information not requiring personal
appearance. Any change in any item of relevant information other than
changes of address, places of attendance as a student, or places of employment
shall be communicated to the sheriff of the county of the registrant's
principal residence in person, by telephone, or electronically, within five
days of the change occurring. Any such change shall not be deemed to be
completed until the registrant has received acknowledgment from the office
receiving the change in printed or electronic form.
(5)
Application for
determination. Form DCI-148, Application for Determination, shall be
completed by a person to initiate a request that the department review whether
one or more offenses of which the person has been convicted require
registration with the Iowa sex offender registry, whether the time period
during which the person is required to register has expired, whether the person
is exempt from the placement of information on the sex offender registry
website, and the tier placement of the offender. A person who submits a
completed copy of Form DCI-148 for review shall provide with it copies of any
sentencing or adjudicatory orders related to each offense for which a
determination of whether registration is required is being requested. The
completed application (Form DCI-148) shall specify the exact grounds for the
application and shall include a statement of any additional facts or law which
the person intends to present to the department in support of the application.
Failure to submit any of the required information shall constitute grounds for
denial of the application. If the application sets forth an issue of fact which
cannot be evaluated based upon the record of convictions, sentencing and
adjudicatory orders, relevant statutory provisions, and other records provided,
and is material to the determination, the commissioner may refer the matter to
an administrative law judge or presiding officer for a contested case hearing.
Note: Filing an application for determination does not excuse a person from having to comply with any of the applicable provisions of Iowa Code chapter 692A during the period prior to the issuance of the decision of determination.
(6)
Decision of determination.
a.
Form DCI-149, Decision of Determination, shall be used by the division of
criminal investigation to notify a person who has submitted an application for
determination (Form DCI-148) of the results of that review. A completed Form
DCI-149 shall be mailed to any person who has filed a completed Form DCI-148
within 90 days of the receipt by the division of criminal investigation of the
completed Form DCI-148 and all required supporting documents. A decision of
determination shall be signed by the commissioner and shall constitute final
agency action for the purposes of Iowa Code chapter 17A.
b. If an administrative law judge or
presiding officer has been assigned to hold a hearing regarding an application
for determination, the administrative law judge or presiding officer shall
prepare a proposed decision of determination. The proposed decision of
determination shall be reviewed by the commissioner who may uphold or modify
the proposed decision of determination and shall then sign a final decision of
determination. The final decision of determination shall constitute final
agency action for the purposes of Iowa Code chapter 17A.
(7)
Request for information.
Requests for information about whether a specific individual is registered
shall be made to a county sheriff or local police department and may be made in
person, by telephone, or in writing.
(8)
Confidential records.
Completed forms filled out pursuant to rules
661-83.1 (692A) through
661-83.5 (692A) are confidential
records that shall not be released to the public.
(9)
Fees. Each registrant
shall pay a fee of $25 to the sheriff of the county in which the registrant
maintains a principal residence upon establishment of the principal residence
and annually thereafter. If the registrant maintains more than one principal
residence simultaneously, the fee shall be paid only to the sheriff of the
county in which the registrant first registered on or after July 1, 2009, and
continues to register.
Notes
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