Des Moines Sun

The State of Iowa has dropped its bid to have a convicted sex offender committed following the individual’s transition from male to female, saying they believe the inmate is at low risk for re-offending.

According to a Des Moines Register report, court records show that in January the state dismissed its permanent commitment application for the convicted sex offender. Previously known as Joseph Matthew Smith, the inmate had been convicted of molesting a Midwest Christian Services student in 2014.

Smith has been undergoing medical treatment necessary for potential gender reassignment surgery, expressing interest in starting the gender transitioning process in 2017. Smith began using female pronouns at that time and now goes by the name of Josie.

In January, Attorney General spokesperson Lynn Hicks refused to comment on the dismissal, except to say that “an offender’s hormone levels are an important part of substantiating an offender’s likelihood of recidivism.”

Later, Hicks told the Des Moines Register, “We don’t believe we have evidence sufficient to prove Josie Smith has a significant chance of reoffending.”

Although she will be released after spending an unspecified time at the Sioux City Residential Treatment Facility, Smith will be subject to strict sex offender reporting standards and will be under supervision for life.

A preliminary report by Dr. Jeffrey Davis notes that Smith may have molested up to 15 victims between the ages of 1 and 13 before sentencing in December 2015 and noted that the potential for Smith to reoffend could be higher than 20 percent because Smith’s victims were both male and female. Smith’s age and lack of long-term relationships with victims also factor into that potential.

“Mr. Smith has not had an intimate relationship,” the report says. “His sexual encounters appear to have primarily involved molestation, including his own molestation by multiple perpetrators, or his victimization of others” 

The report says Smith was molested repeatedly starting at the age of 7. It also suggested that Smith be confined at the Cherokee Civil Commitment Unit for Sex Offenders in Cherokee, for an indefinite period, based on Smith having the sex drive and hormone levels of a man.

Dr. Tracy Thomas, a forensic psychologist and former clinical director fo CCUSO, said that there are no women housed at CCUSO.