Sex dating in iowa falls iowa
The Act contains no time frame regarding when a person committed his or her crime, but does include a limited "grandfather clause," whereby an individual who has established a residence prior to July 1, 2002 is exempted from the area restrictions. The text of § 692A.2A also indicates that sex offender who establish legal residences after July, 1 2002 will be exempted from new restricted areas caused by the creation of a new school or child care facility after the effective date. Finally, § 692A.2A gives no indication as to how long the restriction [**9] will apply to any given individual. Plaintiffs' witness Jodi Caswell, a DHS administrator responsible for overseeing the registration of child development homes, explained that the database is maintained at the state central offices and is not published. Although the 2003 database lists only 7172 locations, 1921 of these are new from the 2002 database. Caswell testified that an applicant is supposed to provide a physical address. Caswell testified, registering as a child development home requires an individual to meet certain requirements and to complete a one page application. DHS also conducts criminal background checks on the applicant, employees, and any person over the age of fourteen living in the home. As the restriction is limited to one's residence, § 692A.2A does not otherwise prohibit an individual's presence within the restricted zone; affected persons are free to travel, work, or generally move about within any area. § 17.495 (2000) (registered sex offenders on supervised release shall not reside within 1000 feet of school or child care facility); Louisiana, LA. Currently, the only available list of child [**11] care facilities is a database maintained by the Iowa Department of Human Services ("DHS"). In several instances, the listings contain no physical address or only a post office box number, but Ms.
The parties, however, agreed to forego a preliminary injunction hearing and to proceed directly to trial with Defendants consenting to the Court's injunction remaining in effect throughout the litigation process.
In 2002, the State of Iowa responded to this threat by enacting Iowa Code § 692A.2A.
Werden testified, however, that the maps his office provided to local law enforcement "were not meant to be exact scale," but "a reasonable way to provide general guidance." In addition to the difficulties with scaling accuracy as described above, the map produced by Carroll County also failed to accurately reflect the locations of all schools [**14] and child care facilities in the county.
n2 [*849] Residence is defined as "the place where a person sleeps, which may include more than one location, and may be mobile or transitory." Iowa Code § 692A.1(8). § .1 (sexually violent predators shall not reside within 1000 feet of schools unless permission is given by school superintendent); Ohio, Ohio Rev. § 2950.031 (2003) (sex offenders prohibited from residing within 1000 feet of school); Oklahoma, 57 Okl. § 590 (2003) (prohibits sex offenders from residing within 2000 feet of schools or educational institutions); Oregon, Or. A "child development home" is "a person or program registered under section 237A.3A that may provide child care to six or more children at any one time." Iowa Code § 237A.1(7).
n1 Within the definition of person in § 692A.2A (1), the terms "criminal offense against a minor," "aggravated offense," "sexually violent offense," and "other relevant offense" are specially defined. [**8] Where applicable, the Act restricts the area in which a person may reside to places that are not within two thousand feet from a school or child care facility. § 144.642, 144.643 (incorporates general prohibition on supervised sex offenders living near places where children reside); Tennessee, Tenn. The same code section defines a "child care center" as "a facility providing child care or preschool services for seven or more children, except when the facility is registered as a child development home," and "preschool" as "a child care facility which provides to children ages three through five, for periods of time not exceeding three hours per day, programs designed to help the children to develop intellectual skills, social skills, and motor skills, and to extend their interest and understanding of the world about them." Iowa Code § 237A.1(4), (13).
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Plaintiffs indicate that, among others, no maps exist for the cities of Cedar Rapids, Davenport, Burlington, Newton, or Fort Dodge.