Library Access for Registered Sex Offenders
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Introduction
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It is the purpose of this policy to ensure that the Library is in compliance with Iowa State law (692A.113) that excludes registered sex offenders convicted of sex offenses against minors from public libraries. A copy of that law is attached to this Policy for reference (see Appendix E).
Library Administrator
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The Library Director acts as “library administrator for purposes of Iowa Chapter 692A. Requests for permission to be on library property will be considered by the Library Director. Permission may be granted, may be granted for a single, specific visit, or may be denied all together after consultation with law enforcement and/or other appropriate governmental officials. Issuance of a library card to a sex offender convicted of sex offenses against minors does not constitute written permission from the library administrator for that offender to be present on library property. Individuals may appeal this decision, as it relates to them, to the Library Board of Trustees. Anyone aggrieved by this decision may appeal it to the Library Board of Trustees.
Eligible for Service
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Registered sex offenders convicted of sex offenses against minors may be eligible for library service, depending on their residence address. They may register for a card directly via telephone or online with the Library Director, or by designee, making arrangements for a person of their choosing to select, check out, and return materials using that card. That individual’s name must be registered with the library and s/he shall provide identification when using the restricted patron’s card. Under any of these circumstances, a sex offender convicted of sex offenses against minors will remain responsible for all activity on their card. They may access information resources via telephone or online.
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Sex offenders convicted of sex offenses against minors may not loiter, as defined under Iowa Code Section 692A.101(17), as amended, within three hundred (300) feet of library property.
Violations of Policy
Violations of this policy will be immediately reported to law enforcement and violators will lose all library privileges.
Approved August 2015 Reviewed and Approved 4/22/2019 Updated 5/23/2021
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Appendix E
Iowa Code 692A.113
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EXCLUSION ZONES AND PROHIBITION OF CERTAIN EMPLOYMENT=RELATED ACTIVITIES.
A sex offender who has been convicted of a sex offense against a minor shall not do any of the following:
Be present upon the real property of a public or nonpublic elementary or secondary school without the written permission of the school administrator or school administrator's designee, unless enrolled as a student at the school.
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Loiter within three hundred feet of the real property boundary of a public or nonpublic elementary or secondary school, unless enrolled as a student at the school.
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Be present on or in any vehicle or other conveyance owned, leased, or contracted by a public or nonpublic elementary or secondary school without the written permission of the school administrator or school administrator's designee when the vehicle is in use to transport students to or from a school or school=related activities, unless enrolled as a student at the school or unless the vehicle is simultaneously made available to the public as a form of public transportation.
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Be present upon the real property of a child care facility without the written permission of the child care facility administrator.
Loiter within three hundred feet of the real property boundary of a child care facility.
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Be present upon the real property of a public library without the written permission of the library administrator.
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Loiter within three hundred feet of the real property boundary of a public library.
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Loiter on or within three hundred feet of the premises of any place intended primarily for the use of minors including but not limited to a playground available to the public, a children's play area available to the public, recreational or sport=related activity area when in use by a minor, a swimming or wading pool available to the public when in use by a minor, or a beach available to the public when in use by a minor.
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A sex offender who has been convicted of a sex offense against a minor:
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Who resides in a dwelling located within three hundred feet of the real property boundary of public or nonpublic elementary or secondary school, child care facility, public library, or place intended primarily for the use of minors as specified in subsection 1, paragraph "h", shall not be in violation of subsection 1 for having an established residence within the exclusion zone.
Who is the parent or legal guardian of a minor shall not be in violation of subsection 1 solely during the period of time reasonably necessary to transport the offender's own minor child or ward to or from a place specified in subsection 1.
Who is legally entitled to vote shall not be in violation of subsection 1 solely for the period of time reasonably necessary to exercise the right to vote in a public election if the polling location of the offender is located in a place specified in subsection 1.
A sex offender who has been convicted of a sex offense against a minor shall not do any of the following:
Operate, manage, be employed by, or act as a contractor or volunteer at any municipal, county, or state fair or carnival when a minor is present on the premises.
Operate, manage, be employed by, or act as a contractor or volunteer on the premises of any children's arcade, an amusement center having coin or token operated devices for entertainment, or facilities providing programs or services intended primarily for minors, when a minor is present.