Alteration more likely than repeal of 2,000-foot law

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By Todd Dorman | Wednesday, February 28, 2007 1:11 AM CST | () comments

DES MOINES — Iowa’s embattled but politically powerful 2,000-foot sex offender residency restriction probably won’t be repealed this year, according to key state lawmakers, despite criticism of the law by prosecutors and law enforcement.

The co-chairs of a legislative panel considering an array of changes in sex offender laws say it’s more likely the 2,000-foot law will be altered to allow judges to exempt some low-risk offenders from stringent residency restrictions.

“I think it’s very tough politics not only to get rid of it, but it’s also tough politics to change it,” said Sen. Keith Kreiman, D-Bloomfield, who insists many Iowans don’t want the law scrapped. “I think there’s many of us who are parents who kind of enjoy not having sex offenders live next to us. If we get rid of the 2,000-foot law completely, that’s going to happen again.”

Rep. Kurt Swaim, D-Bloomfield, the panel’s co-chairman, agrees that a repeal is probably a long shot.

“My sense is that there is not the will to do away with it completely,” Swaim said.

Iowa law bars convicted sex offenders whose victims are children from living within 2,000 feet of a school or day care. The residency restriction was designed by lawmakers in 2002 to keep offenders from living near places where children gather.

The law placed large areas of many communities off-limits to sex offenders, forcing some to move into rural areas or to become transients.

A parade of county attorneys, law officers and other officials have marched to the Capitol in recent weeks to call for the law’s repeal. They contend the residency restriction is hurting public safety by making sex offenders tougher to track.

Critics argue the law does nothing to stop offenders from going to areas where children congregate, nor does it have an impact on the vast majority of pedophiles who strike victims they know.

The Iowa County Attorneys Association wants the law repealed. The group’s executive director Corwin Ritchie rejected the notion that changes are enough.

He said 21 counties have adopted resolutions urging lawmakers to scrap the 2,000-foot requirement.

“Trying to put a Band-Aid on a bad law is not good public policy,” Ritchie said. “This law has no effect on protecting children.”

Another member of the legislative panel, Rep. Clel Baudler, R-Greenfield, a retired state trooper, favors a repeal along with tougher penalties for offenders.

“Some people are scared to say they’d (repeal) it because of the post cards next election,” Baudler said. “I would hate to say that we can’t pass something a lot smarter and a lot tougher.”

Swaim knows about post cards. Last year, Republicans targeted his district with mailings accusing Swaim of representing pedophiles as a public defender.

His opponent denounced the tactic, and Swaim won re-election.

He thinks a “judicial override” provision is a politically acceptable compromise that would make the 2,000-foot law better. It would allow prosecutors to ask a judge or a panel of judges to allow some low-risk offenders to live near schools or day cares.

“There are some situations where (the law) has not promoted public safety,” Swaim said. “But on the other hand, to completely throw out the 2,000-foot law, that would be a massive move.”

Todd Dorman can be contacted at (515) 243-0138 or at todd.dorman@lee.net.

Sex offender laws

What’s likely: Most lawmakers say they support the creation of “safe zones” that would bar convicted pedophiles from visiting schools, swimming pools, libraries or other places children congregate. There may also be a push for tougher criminal penalties aimed at offenders.

What’s not likely: Key lawmakers say it’s unlikely lawmakers will repeal Iowa’s law barring sex offenders whose victims are children from living within 2,000 feet of schools or day cares. They may change the law to allow judges to exempt some offenders from restrictions.

What’s next: A joint House-Senate subcommittee looking at sex offender laws meets at 11:30 a.m. today. Lawmakers hope to get a bill through a House or Senate committee before a deadline next week.

Get involved: Subcommittee co-chairs Sen. Keith Kreiman, D-Bloomfield, and Rep. Kurt Swaim, D-Bloomfield, can be reached at keith.kreiman@legis.ia.us and at kurt.swaim@legis.ia.us