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S1300aa,aaH..........................................by JUDICIARY AND RULES SEXUAL OFFENDER CLASSIFICATION BOARD - Amends existing law relating to sex offenders to revise the powers and duties of the Sexual Offender Classification Board to provide for board review of certain crimes and violations. 01/24 Senate intro - 1st rdg - to printing 01/25 Rpt prt - to Jud 01/31 Rpt out - rec d/p - to 2nd rdg 02/01 2nd rdg - to 3rd rdg 02/02 To 14th Ord 02/17 Rpt out amen - to engros 02/20 Rpt engros - 1st rdg - to 2nd rdg as amen 02/21 2nd rdg - to 3rd rdg as amen 02/24 3rd rdg as amen - PASSED - 35-0-0 AYES -- Andreason, Brandt(Harper), Broadsword, Bunderson, Burkett, Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Lodge Title apvd - to House 02/27 House intro - 1st rdg - to Jud 03/02 Rpt out - rec d/p - to 2nd rdg 03/03 2nd rdg - to 3rd rdg 03/07 To Gen Ord 03/13 Rpt out amen - to 1st rdg as amen 03/14 1st rdg - to 2nd rdg as amen 03/15 2nd rdg - to 3rd rdg as amen 03/22 3rd rdg as amen - PASSED - 68-1-1 AYES -- Anderson, Andrus, Barraclough, Barrett, Bastian, Bayer, Bedke, Bell, Bilbao, Black, Block, Boe, Bolz, Brackett, Bradford, Cannon, Chadderdon, Clark, Collins, Crow, Deal, Edmunson, Ellsworth, Eskridge, Field(18), Field(23), Garrett, Harwood, Henbest, Henderson, Jaquet, Kemp, Lake, LeFavour, Loertscher, Martinez, Mathews, McGeachin, McKague, Miller, Mitchell, Moyle, Nielsen, Nonini, Pasley-Stuart, Pence, Raybould, Ring, Ringo, Roberts, Rusche, Rydalch, Sali, Sayler, Schaefer, Shepherd(2), Shepherd(8), Shirley, Skippen, Smith(30), Smith(24), Smylie, Snodgrass, Stevenson, Trail, Wills, Wood, Mr. Speaker NAYS -- Hart Absent and excused -- Denney Floor Sponsor - Field(18) Title apvd - to Senate 03/24 Senate concurred in House amens - to engros 03/27 Rpt engros - 1st rdg - to 2nd rdg as amen 03/28 2nd rdg - to 3rd rdg as amen 03/29 3rd rdg as amen - PASSED - 35-0-0 AYES -- Andreason, Brandt, Broadsword, Bunderson, Burkett(Clark), Burtenshaw, Cameron, Coiner, Compton, Corder, Darrington, Davis, Fulcher, Gannon, Geddes, Goedde, Hill, Jorgenson, Kelly, Keough, Langhorst, Little, Lodge, Malepeai, Marley, McGee, McKenzie, Pearce, Richardson, Schroeder, Stegner, Stennett, Sweet, Werk, Williams NAYS -- None Absent and excused -- None Floor Sponsor - Lodge Title apvd - to enrol 03/30 Rpt enrol - Pres signed 03/31 Sp signed 04/03 To Governor 04/07 Governor signed Session Law Chapter 379 Effective: 04/07/06
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1300 BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO SEX OFFENDERS; AMENDING SECTION 18-8314, IDAHO CODE, TO REVISE THE 3 POWERS AND DUTIES OF THE SEXUAL OFFENDER CLASSIFICATION BOARD TO PROVIDE 4 FOR BOARD REVIEW OF CERTAIN CRIMES AND VIOLATIONS; AND DECLARING AN EMER- 5 GENCY. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 18-8314, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 18-8314. POWERS AND DUTIES OF THE SEXUAL OFFENDER CLASSIFICATION BOARD. 10 (1) The board shall consider for review offenders scheduled for release from 11 incarceration who are referred by the department of correction or parole com- 12 mission to determine whether the offender should be designated as a violent 13 sexual predator presenting a high risk of reoffense. Only offenders who were 14 sentenced and convicted for one (1) or more of the crimes set forth in sec- 15 tions 18-1506, 18-1506A, 18-1507, 18-1508, 18-4003(d), 18-4502, 18-6101 (but 16 excluding subsection 1. of such section when the offender is eighteen (18) 17 years of age or younger), 18-6108, 18-6602, 18-6605 and 18-6608, Idaho Code, 18 or any violation of the duty to register as provided in this chapter, or are 19 recidivists as defined in this chapter, are eligible for review by the board. 20 (2) The board shall consider for review offenders who were sentenced and 21 convicted for one (1) or more crimes enumerated in subsection (1) of this sec- 22 tion, who have been released under supervision, for the purpose of determining 23 whether the offender should be designated as a violent sexual predator pre- 24 senting a high risk of reoffense. Such review shall be undertaken upon request 25 of the district court having jurisdiction over the offender on probation or of 26 the parole commission if the offender has been released on parole regardless 27 of whether the offender has been reviewed by the board prior to release from 28 incarceration. For purposes of seeking a board review pursuant to this subsec- 29 tion, the court or parole commission may consider all relevant evidence 30 including, but not limited to, the probation or parole official's observations 31 and opinions of these offenders while under supervision, in light of the cir- 32 cumstances of the underlying offense. 33 (3) The board shall consider for review offenders living in Idaho who 34 were sentenced and convicted for one (1) or more crimes enumerated in subsec- 35 tion (1) of this section, or substantially equivalent to those enumerated in 36 subsection (1) of this section and committed in another state, territory, com- 37 monwealth or other jurisdiction of the United States, including tribal courts 38 and military courts, and who have been released under federal or tribal court 39 supervision. Such review shall be for the purpose of determining whether the 40 offender should be designated as a violent sexual predator presenting a high 41 risk of reoffense, and shall be undertaken upon request of the federal or 42 tribal court having jurisdiction over the offender. For purposes of seeking a 43 board review pursuant to this subsection, the federal or tribal court may con- 2 1 sider all relevant evidence including, but not limited to, the probation 2 official's observations and opinions of these offenders while under supervi- 3 sion, in light of the circumstances of the underlying offense. 4 (4) The board shall by rule: 5 (a) Establish standards for psychosexual evaluations and the qualifica- 6 tions for certified evaluators performing evaluations pursuant to sections 7 18-8316 and 18-8317, Idaho Code. 8 (b) Set forth procedures for the approval, certification and quality 9 assurance of evaluators pursuant to this section. 10 (c) Establish a nonrefundable initial certification processing fee not to 11 exceed one hundred fifty dollars ($150) and a nonrefundable annual recer- 12 tification processing fee not to exceed one hundred fifty dollars ($150). 13 (5) The board shall establish guidelines to determine whether an offender 14 who meets the criteria of this section is a violent sexual predator presenting 15 a high risk of reoffense. The guidelines shall be established with the assis- 16 tance of sexual offender treatment and law enforcement professionals who have, 17 by education, experience or training, expertise in the assessment and treat- 18 ment of sexual offenders. 19 (a) Factors to be used in establishment of the guidelines must be sup- 20 ported in the sexual offender assessment field as criteria reasonably 21 related to the risk of reoffense and be objective criteria that can be 22 gathered in a consistent and reliable manner. 23 (b) The guidelines shall include, but are not limited to, the following 24 general categories for risk assessment: seriousness of the offense, 25 offense history, whether the offense was predatory, characteristics of the 26 offender, characteristics of the victim, the relationship of the offender 27 to the victim, the number of victims and the number of violations of each 28 victim. 29 (6) If the offender has indicated an intention to reoffend if released 30 into the community and the available record reveals credible evidence to sup- 31 port this finding, then the offender shall be deemed a violent sexual predator 32 regardless of application of the guidelines. 33 (7) Once the board has made its determination, it shall set forth written 34 findings which shall include: 35 (a) The board's risk assessment and the reasons upon which the risk 36 assessment was based; and 37 (b) The board's determination whether the offender should be designated 38 as a violent sexual predator and the reasons upon which the determination 39 was based. 40 (8) The board shall have authority to promulgate rules to carry out the 41 provisions of this chapter. 42 SECTION 2. An emergency existing therefor, which emergency is hereby 43 declared to exist, this act shall be in full force and effect on and after its 44 passage and approval.
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006Moved by Clark Seconded by Field (18) IN THE HOUSE OF REPRESENTATIVES HOUSE AMENDMENT TO S.B. NO. 1300, As Amended 1 AMENDMENT TO SECTION 1 2 On page 1 of the engrossed bill, delete lines 22 and 23 and insert: "tion, 3 or any violation of the duty to register as provided in this chapter, or 4 offenders who are recidivists as defined in this chapter, who have". 2 Moved by Lodge Seconded by Darrington IN THE SENATE SENATE AMENDMENT TO S.B. NO. 1300 1 AMENDMENT TO SECTION 1 2 On page 1 of the printed bill, in line 22, following "tion" insert: 3 "including any violation of the duty to register as provided in this chapter 4 and offenders who are recidivists as defined in this chapter".
]]]] LEGISLATURE OF THE STATE OF IDAHO ]]]] Fifty-eighth Legislature Second Regular Session - 2006IN THE SENATE SENATE BILL NO. 1300, As Amended, As Amended in the House BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO SEX OFFENDERS; AMENDING SECTION 18-8314, IDAHO CODE, TO REVISE THE 3 POWERS AND DUTIES OF THE SEXUAL OFFENDER CLASSIFICATION BOARD TO PROVIDE 4 FOR BOARD REVIEW OF CERTAIN CRIMES AND VIOLATIONS; AND DECLARING AN EMER- 5 GENCY. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 1. That Section 18-8314, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 18-8314. POWERS AND DUTIES OF THE SEXUAL OFFENDER CLASSIFICATION BOARD. 10 (1) The board shall consider for review offenders scheduled for release from 11 incarceration who are referred by the department of correction or parole com- 12 mission to determine whether the offender should be designated as a violent 13 sexual predator presenting a high risk of reoffense. Only offenders who were 14 sentenced and convicted for one (1) or more of the crimes set forth in sec- 15 tions 18-1506, 18-1506A, 18-1507, 18-1508, 18-4003(d), 18-4502, 18-6101 (but 16 excluding subsection 1. of such section when the offender is eighteen (18) 17 years of age or younger), 18-6108, 18-6602, 18-6605 and 18-6608, Idaho Code, 18 or any violation of the duty to register as provided in this chapter, or are 19 recidivists as defined in this chapter, are eligible for review by the board. 20 (2) The board shall consider for review offenders who were sentenced and 21 convicted for one (1) or more crimes enumerated in subsection (1) of this sec- 22 tion, or any violation of the duty to register as provided in this chapter, or 23 offenders who are recidivists as defined in this chapter, who have been 24 released under supervision, for the purpose of determining whether the 25 offender should be designated as a violent sexual predator presenting a high 26 risk of reoffense. Such review shall be undertaken upon request of the dis- 27 trict court having jurisdiction over the offender on probation or of the 28 parole commission if the offender has been released on parole regardless of 29 whether the offender has been reviewed by the board prior to release from 30 incarceration. For purposes of seeking a board review pursuant to this subsec- 31 tion, the court or parole commission may consider all relevant evidence 32 including, but not limited to, the probation or parole official's observations 33 and opinions of these offenders while under supervision, in light of the cir- 34 cumstances of the underlying offense. 35 (3) The board shall consider for review offenders living in Idaho who 36 were sentenced and convicted for one (1) or more crimes enumerated in subsec- 37 tion (1) of this section, or substantially equivalent to those enumerated in 38 subsection (1) of this section and committed in another state, territory, com- 39 monwealth or other jurisdiction of the United States, including tribal courts 40 and military courts, and who have been released under federal or tribal court 41 supervision. Such review shall be for the purpose of determining whether the 42 offender should be designated as a violent sexual predator presenting a high 2 1 risk of reoffense, and shall be undertaken upon request of the federal or 2 tribal court having jurisdiction over the offender. For purposes of seeking a 3 board review pursuant to this subsection, the federal or tribal court may con- 4 sider all relevant evidence including, but not limited to, the probation 5 official's observations and opinions of these offenders while under supervi- 6 sion, in light of the circumstances of the underlying offense. 7 (4) The board shall by rule: 8 (a) Establish standards for psychosexual evaluations and the qualifica- 9 tions for certified evaluators performing evaluations pursuant to sections 10 18-8316 and 18-8317, Idaho Code. 11 (b) Set forth procedures for the approval, certification and quality 12 assurance of evaluators pursuant to this section. 13 (c) Establish a nonrefundable initial certification processing fee not to 14 exceed one hundred fifty dollars ($150) and a nonrefundable annual recer- 15 tification processing fee not to exceed one hundred fifty dollars ($150). 16 (5) The board shall establish guidelines to determine whether an offender 17 who meets the criteria of this section is a violent sexual predator presenting 18 a high risk of reoffense. The guidelines shall be established with the assis- 19 tance of sexual offender treatment and law enforcement professionals who have, 20 by education, experience or training, expertise in the assessment and treat- 21 ment of sexual offenders. 22 (a) Factors to be used in establishment of the guidelines must be sup- 23 ported in the sexual offender assessment field as criteria reasonably 24 related to the risk of reoffense and be objective criteria that can be 25 gathered in a consistent and reliable manner. 26 (b) The guidelines shall include, but are not limited to, the following 27 general categories for risk assessment: seriousness of the offense, 28 offense history, whether the offense was predatory, characteristics of the 29 offender, characteristics of the victim, the relationship of the offender 30 to the victim, the number of victims and the number of violations of each 31 victim. 32 (6) If the offender has indicated an intention to reoffend if released 33 into the community and the available record reveals credible evidence to sup- 34 port this finding, then the offender shall be deemed a violent sexual predator 35 regardless of application of the guidelines. 36 (7) Once the board has made its determination, it shall set forth written 37 findings which shall include: 38 (a) The board's risk assessment and the reasons upon which the risk 39 assessment was based; and 40 (b) The board's determination whether the offender should be designated 41 as a violent sexual predator and the reasons upon which the determination 42 was based. 43 (8) The board shall have authority to promulgate rules to carry out the 44 provisions of this chapter. 45 SECTION 2. An emergency existing therefor, which emergency is hereby 46 declared to exist, this act shall be in full force and effect on and after its 47 passage and approval. 3 IN THE SENATE SENATE BILL NO. 1300, As Amended BY JUDICIARY AND RULES COMMITTEE 1 AN ACT 2 RELATING TO SEX OFFENDERS; AMENDING SECTION 18-8314, IDAHO CODE, TO REVISE THE 3 POWERS AND DUTIES OF THE SEXUAL OFFENDER CLASSIFICATION BOARD TO PROVIDE 4 FOR BOARD REVIEW OF CERTAIN CRIMES AND VIOLATIONS; AND DECLARING AN EMER- 5 GENCY. 6 Be It Enacted by the Legislature of the State of Idaho: 7 SECTION 3. That Section 18-8314, Idaho Code, be, and the same is hereby 8 amended to read as follows: 9 18-8314. POWERS AND DUTIES OF THE SEXUAL OFFENDER CLASSIFICATION BOARD. 10 (1) The board shall consider for review offenders scheduled for release from 11 incarceration who are referred by the department of correction or parole com- 12 mission to determine whether the offender should be designated as a violent 13 sexual predator presenting a high risk of reoffense. Only offenders who were 14 sentenced and convicted for one (1) or more of the crimes set forth in sec- 15 tions 18-1506, 18-1506A, 18-1507, 18-1508, 18-4003(d), 18-4502, 18-6101 (but 16 excluding subsection 1. of such section when the offender is eighteen (18) 17 years of age or younger), 18-6108, 18-6602, 18-6605 and 18-6608, Idaho Code, 18 or any violation of the duty to register as provided in this chapter, or are 19 recidivists as defined in this chapter, are eligible for review by the board. 20 (2) The board shall consider for review offenders who were sentenced and 21 convicted for one (1) or more crimes enumerated in subsection (1) of this sec- 22 tion including any violation of the duty to register as provided in this chap- 23 ter and offenders who are recidivists as defined in this chapter, who have 24 been released under supervision, for the purpose of determining whether the 25 offender should be designated as a violent sexual predator presenting a high 26 risk of reoffense. Such review shall be undertaken upon request of the dis- 27 trict court having jurisdiction over the offender on probation or of the 28 parole commission if the offender has been released on parole regardless of 29 whether the offender has been reviewed by the board prior to release from 30 incarceration. For purposes of seeking a board review pursuant to this subsec- 31 tion, the court or parole commission may consider all relevant evidence 32 including, but not limited to, the probation or parole official's observations 33 and opinions of these offenders while under supervision, in light of the cir- 34 cumstances of the underlying offense. 35 (3) The board shall consider for review offenders living in Idaho who 36 were sentenced and convicted for one (1) or more crimes enumerated in subsec- 37 tion (1) of this section, or substantially equivalent to those enumerated in 38 subsection (1) of this section and committed in another state, territory, com- 39 monwealth or other jurisdiction of the United States, including tribal courts 40 and military courts, and who have been released under federal or tribal court 41 supervision. Such review shall be for the purpose of determining whether the 42 offender should be designated as a violent sexual predator presenting a high 43 risk of reoffense, and shall be undertaken upon request of the federal or 44 tribal court having jurisdiction over the offender. For purposes of seeking a 45 board review pursuant to this subsection, the federal or tribal court may con- 46 sider all relevant evidence including, but not limited to, the probation 4 1 official's observations and opinions of these offenders while under supervi- 2 sion, in light of the circumstances of the underlying offense. 3 (4) The board shall by rule: 4 (a) Establish standards for psychosexual evaluations and the qualifica- 5 tions for certified evaluators performing evaluations pursuant to sections 6 18-8316 and 18-8317, Idaho Code. 7 (b) Set forth procedures for the approval, certification and quality 8 assurance of evaluators pursuant to this section. 9 (c) Establish a nonrefundable initial certification processing fee not to 10 exceed one hundred fifty dollars ($150) and a nonrefundable annual recer- 11 tification processing fee not to exceed one hundred fifty dollars ($150). 12 (5) The board shall establish guidelines to determine whether an offender 13 who meets the criteria of this section is a violent sexual predator presenting 14 a high risk of reoffense. The guidelines shall be established with the assis- 15 tance of sexual offender treatment and law enforcement professionals who have, 16 by education, experience or training, expertise in the assessment and treat- 17 ment of sexual offenders. 18 (a) Factors to be used in establishment of the guidelines must be sup- 19 ported in the sexual offender assessment field as criteria reasonably 20 related to the risk of reoffense and be objective criteria that can be 21 gathered in a consistent and reliable manner. 22 (b) The guidelines shall include, but are not limited to, the following 23 general categories for risk assessment: seriousness of the offense, 24 offense history, whether the offense was predatory, characteristics of the 25 offender, characteristics of the victim, the relationship of the offender 26 to the victim, the number of victims and the number of violations of each 27 victim. 28 (6) If the offender has indicated an intention to reoffend if released 29 into the community and the available record reveals credible evidence to sup- 30 port this finding, then the offender shall be deemed a violent sexual predator 31 regardless of application of the guidelines. 32 (7) Once the board has made its determination, it shall set forth written 33 findings which shall include: 34 (a) The board's risk assessment and the reasons upon which the risk 35 assessment was based; and 36 (b) The board's determination whether the offender should be designated 37 as a violent sexual predator and the reasons upon which the determination 38 was based. 39 (8) The board shall have authority to promulgate rules to carry out the 40 provisions of this chapter. 41 SECTION 4. An emergency existing therefor, which emergency is hereby 42 declared to exist, this act shall be in full force and effect on and after its 43 passage and approval.
STATEMENT OF PURPOSE RS 15687 In 1998, Idaho enacted the Sexual Offender Registration Notification and Community Right-To-Know Act, in response to the federal Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act/Megan’s Law. This bill expands the list of crimes for which an offender may be reviewed for violent sexual predator designation. The commercial production of sexually exploitative materials involving children may involve many of the same criminal acts that are currently subject to review for sexual predator designation. However, this offense was not included in the list of “reviewable” offenses. An offender who produces such materials may be considered as predatory, and therefore should be eligible for sexual predator designation review. An offender’s failure to comply with the sexual offender registration requirements presents a risk to community safety, and demonstrates a willful disregard for the laws of this state. Including this crime in Section 18-8314, Idaho Code, will enable the Sexual Offender Classification Board to review dangerous offenders who have been convicted of sexual offenses in jurisdictions other than Idaho, who reside in this state and evade lawful registration. FISCAL NOTE No measurable impact on state or local funds is anticipated from these changes. CONTACT Name: Kathy Baird Agency: Correction, Dept. of Phone: 658-2149 STATEMENT OF PURPOSE/FISCAL NOTE S 1300