New laws aim to keep communities safe
By TYLER ELLYSON — CNA staff reporter tellyson@crestonnews.com
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| A state law that goes into affect today will allow most registered sex offenders to once again live within 2,000 feet of areas where minors congregate. Many registered sex offenders live in houses like these on Howard Street near the east edge of Creston because of their lack of proximity to areas where minors congregate, or they must continue on the road out of town. (TYLER ELLYSON) |
A plethora of new laws take affect in Iowa today, the beginning of the 2010 fiscal year.
One of the main issues addressed by these laws is public safety.
Measures were passed pertaining to sex offenders and volunteer emergency medical services (EMS) responders and firefighters.
Sex offender law
Many registered sex offenders across Iowa are now allowed to live within 2,000 feet of locations minors frequent.
The previous ban on sex offenders living in these areas was altered, now keeping only major offenders, those convicted of first-, second- or third-degree sexual abuse involving a minor, from residing in these locations.
Those convicted of third-degree sexual abuse under Iowa Code section 709.4(2)(c)(4) will also be exempt from the residency restriction. Union County Civil Clerk Tracy Chapman referred to this section as the "Romeo and Juliet section" saying it pertains to offenders around the age of 19 whose victim was a minor. In most cases, the offender and victim were in a relationship.
This means 11 of Union County's 13 registered sex offenders are free to live where they choose throughout the county.
Improved restriction
But, the new law establishes a 300-feet exclusion zone around areas minors frequent, making it illegal for any sex offender to loiter at these places.
Union County Sheriff Rick Piel said the law pertains to "anywhere kids are known to congregate." This includes schools, libraries, day cares, playgrounds, sporting events and swimming pools.
Registered sex offenders are also prohibited from being employed at places intended primarily for minors.
Both Chapman and Piel believe the new law is far superior to the previous residency restriction because the old law was harder to enforce and caused many sex offenders to frequently change addresses or become homeless.
"Before, it mattered where you laid your head down," said Piel.
Piel and Chapman said some sex offenders in the county would consider a bridge or park their permanent residence, and be free to be around minors during the daytime. The very east and west edges of Creston were among the limited areas in the city that sex offenders could reside.
Among the reasons the new law will be easier to enforce is help from the public.
Chapman said the sheriff's office already receives calls about sex offenders who are loitering around minors.
"Somebody will call us," she added.
A registered sex offender found loitering in an exclusion zone will be arrested, but neither Chapman nor Piel were aware of what penalties the state plans to force upon violators.
“They’re still trying to catch up to this law,” said Piel. “They got it enacted, and they’ve had very little time to work out the kinks. It’s still a work in progress.”
Union County law enforcement officials are scheduled to attend a state class on further instruction later this month.
Volunteer protection
Volunteer EMS responders and firefighters are now protected from termination or reprimand from employers if they are tardy or absent from work because of an emergency call.
"It's going to be a good law," said Creston Fire Chief Todd Jackson. "It's going to help volunteer first responders, firefighters and the EMS."
Jackson said the law shows support for volunteer firefighters and first responders.
"I hope this doesn't cause friction between employers and employees," he said. "I don't see that as being an issue."
Jackson said he has not seen or heard about volunteers being fired in this area because of their participation in emergency services.
"The biggest problem we have to deal with is employers not letting employees leave for fire calls," Jackson said.
Larger issue
According to Jackson, some employers of the 13 volunteer firefighters in Creston don't allow them to respond to emergency calls while at work or will not pay them for time spent at the emergency.
"I have some volunteers who don't respond to calls because they would have a loss of pay," said Jackson. "I understand the loss of productivity, but in our particular instance we don’t take our volunteers away from work that often."
This has led to situations where there weren't enough firefighters on scene during an emergency situation. Some Southwest Iowa communities have instances where only two or three volunteer firefighters respond to an emergency call, said Jackson.
“It’s a constant challenge,” Jackson said. “It’s the battle of fire chiefs everywhere now. It’s certainly not a problem in just Creston. It’s a problem throughout.”
Lack of volunteers
According to Jackson, a combination of increased training demands and fewer employers allowing volunteers to leave work has led to a decrease in volunteer firefighters.
“If employers in communities don’t support volunteers then our only other alternative is to go to fully-paid fire fighters,” he said. “Obviously Creston could not afford to have fully-paid firefighters on staff.”
Jackson would like to see state incentives for employers that allow volunteers to respond to calls, as well as incentives for the volunteers themselves. This could increase the number of volunteers in rural fire departments.
“Without the ability to have volunteers, the community could not afford to have fire protection," said Jackson. "The community could not afford not to have fire protection either. It’s a catch-22.”
Other changes taking affect today include:
• Electronic logs for pseudoephedrine — Pharmacies will now use electronic logbooks to track pseudoephedrine sales and stop methamphetamine makers from “pharmacy shopping” to get enough of the drug to make methamphetamine.
• Expanding health care — Health care will be expanded to an additional 30,000 uninsured kids, more low-income women will be eligible for health care during pregnancy and it will be easier for parents to keep their adult children under 25 years old on their insurance plan.
• Manure application during winter – In an effort to prevent runoff into waterways, confinement operations are banned from surface application of liquid manure on snow-covered ground from Dec. 21 to April 1, and on frozen ground from Feb. 1 to April 1 unless there is an emergency.
• Homes for the mentally disabled — Operators of homes for mentally disabled adults will have to register with the state and allow inspections by state officials, and a database of businesses employing workers under a special certificate allowing them to be paid lower wages will be created. The new law also spells out the definition of an adult care center.
• Pioneer cemeteries — "Pioneer cemeteries" will be defined as having fewer than 12 burials in the last 50 years. This gives counties the ability to maintain them.
