Law Won't Keep Predators From Nursing Homes - Zaun

In August of 2011 a convicted sex offender, released to an Iowa nursing home, sexually assaulted a 95-year-old resident.

William Cubbage, 83, was discharged from the Iowa Civil Commitment Unit for Sex Offenders to the Pomeroy Care Center where the assault occurred.  This, despite assessments, as recently as 2008, that Cubbage was a predator who had made no progress in the program.

Responding to this event, the Iowa House passed House File 2422, a bill that required nursing homes, residential care facilities, and assisted living programs to notify residents, employees, and local sheriffs when a new resident is required to register with the state’s sex offender registry.

The bill also requires the creation of a safety plan by the facility to protect residents, visitors, and people outside who may come into contact with the resident.  The bill also calls for the establishment of a plan to provide appropriate care to those required to register as a sex offender and calls for a study on related issues.

The majority party in the Senate decided to change the bill with a concept that would have made more sense as an addition to the bill rather than as a replacement for it.  The Senate amendment removed the notification provisions in the House version and replaced it with a prohibition on the Department of Corrections, or the Civil Commitment Unit from releasing a sexually violent predator into a nursing home.

"...this prohibition still falls far short of guaranteeing that nursing home residents will be protected from sex offenders."

This would have indeed prevented the Cubbage assault because he was released directly from the Civil Commitment Unit into the Pomeroy Care Center.  However, this prohibition still falls far short of guaranteeing that nursing home residents will be protected from sex offenders.

Despite claims to the media, this prohibition does not actually prevent sex offenders from being in nursing homes. This version of the bill does not remove those sex offenders already living in nursing homes, it does not prevent a sex offender from being released from prison living at home briefly and then entering a nursing home, and it does not address those sex offenders who are not classified as sexually violent predators.

Sexually violent predators

Sexually violent predators are a smaller subset of sex offenders.  They are the offenders who have committed higher level crimes.  Cubbage met this classification because he was convicted of intent to commit sexual abuse.

He was also convicted of lascivious acts with a child and indecent contact with a child.  Neither of these crimes would have classified him as a sexually violent predator and subject to the prohibition put in place.

It seems like a good bet that most people would be disturbed to learn that their neighbor in the nursing home had been convicted of such crimes.  Yet only the House bill would guarantee that knowledge.

This amendment creates a false sense of security and leaves people with the impression that sex offenders will not be living in nursing homes.  The truth is that many will remain, and that because of the holes in the law mentioned above, some sexually violent predators will also be there.

Ultimately, after voting against this amendment, I felt compelled to support the bill because even the amended version is better than current law.

The bill also retains a study from the original House bill that requires the state to find or build a facility to keep elderly sex offenders separate from other nursing home residents.  But, on balance, only the House bill actually protects Iowans by providing them with total disclosure of the whereabouts of sex offenders in health care facilities.  

Meet Your Legislators

There is one public forum set in Urbandale with my friend, Rep. Scott Raecker. The forum is sponsored by the great Urbandale Chamber and will take place at 2900 Justin Drive, Suite L. this Saturday, April 28 - 10:30 am to noon

Please join me when you can. If you cannot attend please email me at brad.zaun@legis.iowa.gov or call 515-281-3371. I am always interested in your opinion and it is truly an honor to serve you!