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WHY IS THIS IMPORTANT TO YOU? The importance of these records cannot be overstated. If they are unavailable, a referral for commitment is dead on arrival. A potential predator will be released from prison without treatment and most likely return to the community in which his conviction(s) occurred: I.e., Yours.
WHAT RECORDS ARE IMPORTANT? Most important is any record of an SVP predicate "sexually violent offense," as defined in Sec. 229A.2(8), whether charged or not:
a. Any violation of Iowa Code Chapter 709, Sexual Abuse b. A violation of any of the following if it involves sexual abuse, attempted sexual abuse, or intent to commit sexual abuse: (1) Murder (2) Kidnapping (3) Burglary (4) Child Endangerment under section 726.6(1)(e) c. Sexual Exploitation of a Minor under section 728.12(1) d. Pandering involving a Minor under section 725.3(2) e. Any attempt or conspiracy to commit the above acts
The basic documents needed, as noted above, are police reports, medical reports, and depositions; also, any transcript of any court proceeding including pleas. Documents with contact information for victims and witnesses including date of birth, social security number, and parents' names in the case of juveniles are extremely valuable. Records of juvenile sexual offenses are admissible in SVP actions and any record of contact, field interview card, investigative memorandum, complaint or incident report which documents a sexually motivated act -- even when not resulting in charges -- may become relevant and admissible. In the broader perspective of SVP proceedings, proof of such behavior can often be used as a basis for the forensic psychological assessment and as a means of establishing a pattern of conduct by the offender.
WHAT ARE WE ASKING? Because patterns of predatory offending often extend many years into the past, the Attorney General's Office is seeking the cooperation of all Sheriff's Offices, Police Departments and County Attorneys in retaining these reports and files on essentially a permanent basis. We have already had occasion to search for records of an offense occurring thirty years ago and we are certain that the need to look back even further will occur in future cases. Each agency is asked to review its record retention policy with the knowledge that your assistance in preserving this information is critical to the success of the sexual predator commitment program.
We encourage you to contact our office at (515) 281- 6566 with any question or comment.
Michael Ferjak is the investigator assigned to the Sexually Violent Predator unit of the Area Prosecutors Division of the Attorney General's office.
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