Law change reflected in new registry list

For the first time in its monthly update, the Clay County Sheriff's summary of residents with sex offense-related convictions includes A tier classification to reflect changes in Iowa Sex Offender Registry laws.

Technology specialists at the Iowa Department of Public Safety reviewed the profiles of about 5,000 Iowans on the state's sex offender registry as part of a new law that attempts to more closely monitor the most dangerous offenders.

Lawmakers revamped the Iowa Sex Offender Registry system during the 2009 session of the Iowa General Assembly. Sheriffs and county attorneys wanted laws to focus less on the home address of a registrant and more on the places they frequent.

The previous "2,000-foot rule" excluded all sex offenders from living within 2,000 feet of family-sensitive areas. Critics of the policy said it drove some Iowans with convictions to lie about their whereabouts instead of complying with the law.

Beginning July 1, Iowa residents with a sexual offense conviction in their history were to be classified into three tiers instead.

Tier III designation is reserved for registrants convicted of the most serious offenses. Examples include violent sexual abuse, child stealing or trafficking for sex, indecent contact with a child under age 13 or an attempted or successful break-in when sex is a motive for the act. Anyone with a Tier III conviction still must comply with the "2,000-foot" residency requirements under previous Iowa laws.

Tier III offenders have to avoid additional exclusionary zones that prevent loitering in areas where children are present. Arcades, libraries and public swimming pools are a few examples.

The sheriff's list identifies six Spencer-area residents with the Tier III designation. Their specific violations may not necessarily match the examples mentioned previously -- multiple violations for lower tiered acts may affect designations. The Tier III individuals must provide a status update to the Clay County Sheriff's Office every three months:

٪ Dean Allen Bond, 45, 130 East Third Street;

٪ Howard Walter Fitzner, 29, 3655 240th Avenue, Lot 60;

٪ Dana Eugene Igou, 25, 1202 McNaughton Way, Apt. 6;

٪ Brandon James Laird, 18, 1212 South Grand, Apt. 1;

٪ Richard Alan Mengelsen, 42, 1202 McNaughton Way, Apt. 5;

٪ Michael James Sellers, 30, 103 East 25th Street.

Tier II acts include exploitation stalking, indecent contact with a child if the child is 13, attempting to meet a minor for sex, invasion of privacy involving nudity and incest involving a minor or dependent adult.

The sheriff's list identifies 12 Clay County residents classified as Tier II. Again, their specific violations may not necessarily match the examples mentioned previously. They must provide a status update to the Clay County Sheriff's Office every six months and multiple Tier I violations can cause a reclassification to Tier II:

٪ Cory Loung Baccam, 20, 113 Parkway Drive;

٪ Terry Edward Bass, 42, 116 West Third Street;

٪ Michael Sherman Behrends Jr., 23, 1202 McNaughton Way, Apt. 3;

٪ Griffin Todd Clark, 26, 1407 11th Ave. West, Apt. 2;

٪ Christopher Alan Garrison, 30, 1208 McNaughton Way, Apt. 6;

٪ William John Kamstra, 29, 3655 240th Ave., Apt. 58;

٪ Alexander Paul Larson, 20, 24 1/2 East Fourth Street;

٪ Allen Frank Mills, 29, 902 East Seventh St.;

٪ Roger Lee Rigby, 29, 223 Sixth Ave. West;

٪ Anthony Lopez Rivera, 30, 221 32nd Ave. West Apt. 3B;

٪ Jeffrey Marvin Somers, 47, 1880 510th St., Sioux Rapids;

٪ David Allyn Wekony, 42, 213 West Park St.

Four Clay County residents were classified in Tier I and must update their status annually. Examples of convictions warranting Tier I status include allowing a minor to see obscene material, indecent exposure and possessing child pornography.

Law enforcement officials provide information so residents of the county can be aware of sex offenders living in the area. Any action taken against a registrant, their families or employers, including vandalism, verbal or written threats of harm or physical assault can result in an arrest and prosecution.

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MILLS TAKEN INTO CUSTODY

Clay County Deputies took Allen Frank Mills into custody at 7:40 p.m. Sunday on a charge of failure to comply as a sex offender.

According to a statement from the Clay County Sheriff's Office, a Clay County deputy received information that Mills had not been complying with the Sex Offender Registry guidelines. Upon investigation, Mills was placed under arrest and was transported to the Clay County Jail without incident. He was charged with failure to comply as a sex offender, a Class D felony and was held to appear before the magistrate on a $9,750 cash only bond for an Emmet County arrest warrant for failing to register as a sex offender.

Mills was originally on the registry for a November 1998 conviction on two counts of third-degree sexual abuse involving a male age 14-17.

Individuals who are required by law to register with the Iowa Sex Offender Registry must report any change of address or telephone number to the appropriate sheriff's agencies within five days of the change, according to the Iowa Department of Public Safety.

He was previously charged with failure to comply with registry guidelines after he listed "DeWolf Park" in Spencer as his intended address when he was discharged from the state prison system on March 21. DeWolf Park does not allow camping. Deputies knew he couldn't be staying there.