Adam Walsh Act Compliance and Iowa’s 2000-Foot Rule

One of the most important issues the Legislature will debate during the 2009 session is implementation of the federal Adam Walsh Act and tougher penalties for sex offenders.

One of the most controversial provisions in the bill would require some Iowa juveniles as young as 14 years to be on the sex offender registry, with their photo, address and crime committed available for public inspection. But it would only be for certain serious sex crimes such as those involving force. Currently, Iowa judges have the option of waiving registry listing for any youth up to age 17 for any sex crime.

Some of the opponents of sex offender laws, like the ACLU, do not want the state to comply with the law. The problem with that is two-fold. First, if the state does not comply we will lose $450,000 of federal money for drug task forces and overtime for law enforcement officers. Second, non-compliance would send the signal to sex offenders that Iowa is a safe haven. Attracting sex offenders to the state is not a responsible way to increase the state’s population growth.

The federal law does not require Iowa to repeal its 2,000-foot rule, which is a political third rail. But it would provide lawmakers some cover if they want to do so. By current state law, there are 2,000-foot rings around some schools and child care centers where no sex offenders can live.

The proposed legislation would replace the residency restriction with “safe zones,” which would limit where sex offenders may be present or loiter. Offenders couldn’t step foot on the grounds of a school or child care center without prior written permission, and they couldn’t loiter within 300 feet.

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