Judge: Linn County can’t require homeless sex offenders to check in every day

CEDAR RAPIDS — Jerry Ray Matthews was working in West Branch, picking up overtime hours when he could, and sleeping in his car when he learned in June 2022 the Linn County Sheriff’s Office wanted him to check in at the downtown Cedar Rapids office every day.

Matthews, 39, is a registered sex offender who had lost housing in 2022. Linn County’s policy said homeless offenders had to report every day where they’d be staying that night.

“I was getting off at 11 o’clock at night. I’m driving 45 minutes back to Cedar Rapids,” he said. “I don’t have a set destination where I want to park my car to sleep in my car. I park somewhere where I feel it’s safe.”

But when Matthews asked Linn County officials where in Iowa law it said he had to report every day, they had nothing to show him. Iowa Code Chapter 692A says a registered sex offender must go to the Sheriff’s Office to report any address changes within five days.

Linn County charged Matthews with failure to register, an aggravated misdemeanor punishable by up to two years in prison. Matthews fought the charge and, in December, a judge ruled Linn County’s policy was unconstitutional.

"The Court finds that Defendant cannot be criminally prosecuted solely for failure to comply with the Linn County Sheriff’s policy requiring daily registry on the basis that the policy cannot be reconciled with other portions of Iowa Code Chapter 629A and/or the policy as applied violates the Defendant’s right to equal protection under the Fourteenth Amendment to the United States Constitution and the Iowa Constitution,“ District Associate Court Judge Angie Johnston wrote.

Further, Johnston said, other counties were not requiring daily reporting for homeless registrants. Linn County dismissed the charge Feb. 20.

Linn County dumps daily check-in policy

The Linn County Sheriff’s Office changed its policy in November to say homeless sex offenders must check in every five days. In February, Linn County started registering homeless sex offenders like anyone else on the registry, Lt. Dave Beuter said.

“If they provide us an address and they move from that address within five days, they are required to appear in person and provide us with their relevant information about where they are living, working or going to school,” he said.

Since 1995, people convicted of a sex crime who are on probation, parole or work release in Iowa must register their addresses with the local sheriff’s office. As of Friday, 6,670 people were on the Iowa Sex Offender Registry.

Matthews was required to register after a Linn County jury found him guilty in 2014 of assault with intent to commit sex abuse, among other charges, based on allegations he stabbed his ex-girlfriend.

Other homeless offenders complained about policy

Linn County adopted the policy requiring daily check-ins by homeless offenders around 2007, Beuter said. He thinks it was done in conjunction with regular meetings the sheriff’s office has with other local police agencies and the U.S. Marshal’s Office.

Linn County Attorney Nick Maybanks said his office did not provide legal advice to the sheriff’s office on the policy.

Linn County has 10 to 15 homeless sex offenders at any one time, Beuter said. Others besides Matthews didn’t like the daily check-ins, but Matthews was the most vocal about his opposition, he said.

“It's tough for these guys on the registry to find places to live, places to work,” he said. “But yet, based on their criminal convictions, they are required to be on the registry. They have to follow through with that.”

Unclear whether others also faced charges for not reporting every day

Matthews, who now is living in a homeless shelter, said he decided to speak up about his fight to get the 2022 charge dismissed because he thinks other sex offenders may be serving time based on a violation of the Linn County policy.

Technically, no one was charged with violating the daily check-in policy, Beuter said. The criminal complaint against Matthews says:

“Since Matthews claims to be homeless, he must report daily to the Linn County Sheriff's Office and provide the address where he will be staying each night. Since June 23, 2022, Matthews has failed to report to the Sheriff's Office. Therefore he is in violation of the Sex Offender Registry Requirements.”

The trial information filed by the Linn County Attorney’s Office Sept. 2, 2022, said Matthews didn’t register within five days.

Matthews in February filed a lawsuit in U.S. District Court against Beuter, retired Linn County Attorney Jerry Vander Sanden and Michelle Reese, a state probation/parole officer. Matthews is seeking about $1 million for injuries he received, including being tased twice by police and losing his job, because of the 2022 charges, the suit states.

“There’s just a free-for-all to do what you want to them (sex offender registrants) by the state because the penalties are so severe for fighting,” Matthews said. Still, he said, he feels “vindication” because of the court ruling.

Matthews Order 12.19.2023 by The Gazette on Scribd

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