Iowa Admin. Code r. 441-103.9 - Sex offender registration
An
(1)
Notification. When an individual who is a juvenile offender
has not previously registered, the superintendent or designee shall provide the
individual with Form DCI-144, Notification of Registration Requirement, as
required by the department of public safety in 661-subrule 83.3(1). Failure to
provide a juvenile offender with the notification form does not relieve the
juvenile offender of the duty to register with the Iowa sex offender
registry .
(2)
Exemption
from registration . To exempt a juvenile offender from registration ,
the language in the order of adjudication or disposition must clearly state
that the juvenile offender is exempted from the registration requirement. If a
court order is silent, the registration requirement applies.
a. If the order language does not clearly
state that the juvenile offender is exempted from the registration process,
then the responsibility rests with the juvenile offender to seek a clarifying
order to be exempt from the registration process. A juvenile offender who seeks
an exemption from the registration requirement has the obligation to prove that
the juvenile offender deserves the exemption.
b. When the judicial decision is deferred,
registration shall be assumed to be required until the court orders otherwise.
If the court order defers the decision to grant an exemption from registration
until the juvenile offender 's treatment is completed, the language in the order
should specify who tracks the case until the new court order is issued. If it
is not clear who tracks the case, the juvenile offender is responsible to seek
a clarifying order to be exempt from the registration process.
(3)
Registration .
The superintendent or designee shall provide the juvenile offender with Form
DCI-145, Sex Offender Registration , as required by the department of public
safety in 661-subrule 83.3(2). Form DCI-145 must be submitted to the sheriff of
each county in which the offender will be residing, employed, or attending
classes as well as to the department of public safety to satisfy the
registration requirements of the Iowa sex offender registry .
a. When the juvenile offender is released
from the state training school , the superintendent or designee shall submit the
registration form to the division of criminal investigation of the department
of public safety unless, by the time of release, the juvenile court finds that
the juvenile should not be required to register as allowed by Iowa Code chapter
692A.
b. Copies of the sex offender
registration shall be maintained in the juvenile offender 's file at the state
training school .
This rule is intended to implement Iowa Code section 692A.109.
Notes
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